Adamsky Law Offices Blog

This isn't a legal post, just a personal annoyance with the Media. Every time there is some sort of government or political scandal these days, the news people take some name or fact from the scandal and add "gate" to the end of the name. This is, of course, a play on the Watergate scandal involving President Richard Nixon, that was named after the Watergate Hotel at which the burglary took place that set off the scandal. That happened almost 40 years ago. But, the news media cannot be bothered to think up new and clever names for scandals; all they can do is append "gate" to something. This gets boring and annoying. I would like to see the news media work a little harder and be more creative. The latest I read was about Senator Kerry and his boat in Rhode Island. Someone called it "Yachtgate." I guess the "gate" trick is a shorthand for a scandal and the prefix gives you a little idea of what it's about. But I still say it's unimagin

On Wednesday, July 7, President Obama appointed Dr. Donald M. Berwick as administrator of the Centers for Medicare & Medicaid Services (CMS). Dr. Berwick has served as a pediatrician at Harvard Community Health Plan, and has taught health policy as a professor at Harvard Medical School and the Harvard School of Public Health. As president and co-founder of the Institute for Healthcare Improvements (IHI), Dr. Berwick worked to reduce hospital-acquired infections and deaths, and produced standards to improve health care quality. Dr. Berwick’s term will last only through 2011 due to his appointment during Congressional recess, which bypassed the Senate confirmation process. The post had been vacant since October 2006. CMS, which oversees the Medicare and Medicaid programs, plays a key role in health reform implementation.

It's great when more service providers are willing to offer help to seniors and their families. But, you should see an Elder Law Attorney when you have legal questions and issues about aging. A banker cannot legally prepare a Power of Attorney, Will, or Trust for you, as they are not licensed to practice law. The bank may have a legal department, but unless you see the attorney personally, it's hard to know if you are getting the right representation. See your own lawyer! Family Value: When Bankers Tackle Elder Care - WSJ.com#printMode

For years, "families" have struggled with visitation "rights" in a hospital. Facilities have differing rules on visitors. The general rule is that a person has a right to see whoever they want and the hospital cannot deny it, but this is hard to enforce when the person is not capable. Most hospitals default to traditional family relationships, so "boyfriends," "girlfriends," and other social (but not "blood" or "marriage") relations are sometimes denied access to a patient. A new rule is being designed to fix this problem. See the DHHS website for more information. Medicare Proposes New Rules to Ensure Equal Visitation Rights for All Hospital Patients

See the linked article about new care planning that seeks to reduce unnecessary, expensive and painful care and increases thoughtful goal-oriented end-of-life care. New Approach Reduces Unwanted Medical Treatments at End of Life - ElderLawAnswers Articles

Reverse Mortgages getting more competitive IF you are a savvy shopper : New Jersey Estate Planning & Elder Law Blog

Here is an article on Reverse Mortgages. It really only points out the issues and advises consulting an Elder Law Attorney. Complex questions on reverse mortgages Realty Q&A - MarketWatch This is good advice. Reverse mortgages have their place and can be a great tool when necessary. Alternatively, they are often pushed on people who don't really need or want them, sometimes along with bad investment advice (by disreputable brokers and advisors - good advisors would not do that). You need to understand your situation and your goals and get good advice to know if a reverse mortgage is right for you. There are ways to plan for Medicaid, but they must also be done in consultation with an Elder Law Attorney who can advise you on the rules and issues facing you.

Lawyers need to beware of a new family-law twist on the ubiquitous email-check fraud scam. Reports indicate that numerous lawyers have been targeted by emailers who,assuming a false identity, say they need a lawyer to help them collect payments owed under a divorce agreement. Typically the emailer claims to be an ex-wife owed money by the ex-husband under the agreement. When the lawyer takes the bait and agrees to the engagement, the “ex-husband” – actually the same scammer – sends the lawyer a “cashier’s check” for deposit into the lawyer’s account, with instructions to wire the collected funds to the ex-wife’s account. By the time the lawyer discovers the cashier’s check was counterfeit, it’s too late -- the unknown scam-artist is long gone with the wired funds from the lawyer’s account. These types of fraud activities are particularly busy before a major holiday. There are many of these types of frauds that target lawyers, business people, and individuals. You should always be wa