Guardian Convicted of Homicide in Death of Ward

Another Reason For Guardianship Planning: Daughter Convicted of Homicide in Mother's Death

The story is tragic. The lesson clear. An Indiana woman was forced to seek and obtain a guardianship for her mother, who suffered from terminal Parkinson’s disease. Her mother was in consistently poor health, and had been treated for broken hips, dehydration, and bedsores prior to her seeking guardianship. The mother was also a small women, typically thin, and naturally emaciated looking.

The woman cared for her mother for seven years. During that time, she would visit frequently, but relied heavily upon family members to assist in her mother’s care. Further, she retained the services of a home health care agency to visit daily and ensure provision of meals and medication. Her mother was frail, very small, and 83 years old. It probably did not surprise the daughter that her mother took a sudden turn for the worse, was hospitalized and died.

What happened next shocked, surprised, and outraged the whole family. The county prosecutor issued an indictment against the daughter for homicide! The prosecutor charged the daughter with willful neglect and abuse of her mother.

HIPAA

New Laws Require Estate Plan Review and Revision

Change is constant. Several recent changes in the law require you to review and possibly revise your trust or supporting documents. Moreover, although you may choose not to review your trust and supporting documents regularly, changes to Ohio and federal law last year make this year a vitally important year for review and revision.

The most important federal change affecting your estate plan is the adoption of the much touted privacy rules of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) which took effect on April 14, 2003. Until the recent prescription drug bill, these regulations were considered to be the biggest development in health care legislation since the 1965 enactment of Medicare. The legislation applies directly to virtually every physician, dentist, nurse, pharmacist and health care provider in the nation. The legislation applies indirectly to virtually every industry that in any way obtains, records, reports, maintains, or relies upon health care information, including broker-dealers and insurance companies.

Disability Rising Among Young

Underscores Estate Planning Importance For Parents

According to a report published this month in Health Affairs (Jan/Feb 2004), disability is rising among younger Americans! The report investigates trends in disability in the U.S. population, particularly among people under age fifty. Even as the elderly have become less disabled, reported disability has risen for younger Americans, especially those ages 30–49. There are numerous possible explanations for rising disability levels, such as obesity, technological advances in medicine, and changing disability insurance laws.

Whatever its sources, rising disability among the young is concerning both publicly and privately. From a public policy standpoint, according to the report, rising disability among the young threatens public programs such as disability insurance, Medicare, and Medicaid. Already strained public programs could become overwhelmed by the burden of providing long-term care for such protracted periods of time.

Ohio Ranked One of the Worst States in which to Die

Only Two States Were Ranked Lower

Ohio is one of the states where the dying are less likely to receive the best all-around care and legal protection, according to state-by-state rankings by Forbes magazine. In only Illinois and Washington, D.C., are the dying less likely to receive proper treatment, the Forbes analysis suggests.

Utah is the state where the dying are most likely receive the best treatment, according to the ranking. Rounding out the top five states to die are Oregon, Delaware Colorado, and Hawaii. Following the District of Columbia at the bottom of the Forbes list are, in ascending order, Illinois, Ohio, Louisiana and Mississippi. For the complete list, click here.

To create its rankings of “Best Places To Die,” Forbes looked at five criteria that measure the care and legal protection states provide to the dying, as well as the amount of money heirs may inherit. Here are the criteria, along with the weight Forbes assigned to each:

Nursing Home Resident Dies After Wandering Without Ankle Sensor

According to McKnight's, Charles Klaer, a 72-year-old resident with advanced Alzheimer's disease, walked out of a nursing home where he was a resident, and was struck by a car and killed on a highway a mile-and-a-half away from the facility.  Only a few days before, Mr. Klaer had wandered from Willow Manor Retirement Living and Memory Support Center in Dania Beach, FL, causing officials to call his wife requesting consent for an electronic strap around his ankle.

Klaer was not wearing the ankle monitor when he wandered away. Klaer's family hired a private investigator, Robert Myers, who said he found the monitor next to Klaer's bed in perfect working order, without any damages or cuts. A sheriff's office detective is searching to see if anyone was criminally negligent at Willow Manor.

According to McKnight's, Harold Baldwin, president of Secure Care Products Inc., the company that made the electronic monitoring device, said once the filament strap is wrapped around a person's ankle and snapped shut, it stays on permanently, even in the bath. 

For the full article, go here.