Adamsky Law Offices Blog

The demutualization of several major insurance companies has created headaches for many elders, their families, and most of all the executors of their estates. Most older life insurance companies were “Mutual Insurance” companies. That means that there were no stockholders of the company, as it was owned by everyone who owned a policy. The policy holders shared in the profits of the company in the form of dividends. But, this form of business hampered the ability of the insurance companies to grow and to obtain capital for growth and acquisitions. With changes in the laws that allowed insurance companies to offer other services (and banks to offer insurance), many companies realized that they needed more capital to compete and a surge of demutualization began. Prudential, MetLife, John Hancock, Sun Life, and many others demutualized. Other companies, such as Northwestern Mutual, Massachusetts Mutual, New York Life, and Pacific Life, decided to remain as Mutual Insurance Companies. Ther...

The New Hampshire Chapter of the National Academy of Elder Law Attorneys (NAELA) is meeting today. It's kind of a sad day for me as this will be my last function as President of the Chapter. Today we vote on a new board for the upcoming year (we run on a "school year" calendar.) I have really enjoyed being President of the Chapter, but the time went swiftly and I couldn't accomplish as much as I had hoped I would. I am looking forward to the future though, and plan to work on some committees where I can help accomplish the goals I didn't meet as President. For those lawyers who practice Elder Law and are not part of NAELA, I highly suggest that you join. But, more than that, you have to participate. You must join committees and task forces and put some effort into helping the organization. That way your goals and the goals of the organization can combine and both be met by your own efforts. You will meet some great people, get to know them well, and pro...

I read this on the NonBillable Hour blog, and that blogger got it from a blog called UnClutterer: "Everyone gets organized at some point, they just might not be around for it." This really rings true for me with my business. I often advise clients to get organized in their personal, financial and "stuff" areas, as a favor to their heirs (children). Cleaning up the mess after someone dies is really difficult, physically and emotionally. On the other hand, I've heard people say, "my children will have to clean up that mess, not me." So, I guess it's up to you, just how you want it to happen. http://unclutterer.com http://thenonbillablehour.typepad.com/nonbillable_hour

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