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Thursday, June 22, 2017
ACTEC Engagement Letters
We previously let you know that ACTEC has released the 5th edition of its Commentaries to the Model Rules of Professional Conduct. Now ACTEC has released a new edition of their engagement letters. Engagement Letters A Guide for Practitioners (3rd ed. 2017) is available as a pdf. There are 9 chapters with introductions, explanations, checklists and forms. The introduction explains the book's organization:
Following this introduction, there is a general checklist designed to aid the lawyer before preparing the engagement letter in any trust and estate representation. The general checklist includes cross references to the specific checklists and forms that follow. Following the general checklist, there are nine chapters, each with a basic engagement letter form or specific language to be added to, or used in conjunction with, a basic engagement letter form addressing:
Chapter 1: Estate Planning Representation of One Person or Spouses;
Chapter 2: Representation of Multiple Members of the Same Family Other Than or in Addition to Spouses;
Chapter 3: Representation of Multiple Parties in a Business Context;
Chapter 4: Estate Planning Lawyer Serving as a Fiduciary;
Chapter 5: Representation of Executors and Trustees in Administration Matters;
Chapter 6: Representation of Guardians/Conservators;
Chapter 7: Probate Litigation;
Chapter 8: Dealing with Diminished Capacity or Death of a Client Not Represented in a Fiduciary Capacity;
Chapter 9: Termination of Representation.
The introduction also offers a caution regarding the use of forms, a great reminder for all attorneys.
June 22, 2017 in Consumer Information, Current Affairs, Estates and Trusts, Ethical Issues | Permalink
Tuesday, May 30, 2017
New Casebook: Caring For Older People in an Ageing Society
Last week I received an email from the Hastings Center with the subject line "What Do We Owe the Frail Elderly?" This intrigued me because I often have a conversation with my students about what, if anything, we "owe" the generation before us. I typically have this conversation in the context of discussing funding of public benefits and other programs specifically for America's elders. Here is the information about the casebook
A woman juggles caring for her aged father at home and going to work. A volunteer cares for an 83-year-old man who lives alone and wonders why the man's son doesn't take more of an interest. Staff members at a nursing home, discussing a patient with dementia who hits staff members, consider whether it's acceptable to control his behavior with antipsychotic medication, knowing that antipsychotics increase the risk of stroke in people with dementia. These are three of the 10 cases in Caring for Older People in an Ageing Society, the second edition of an online bioethics casebook launched this week. The casebook aims to support professional and family caregivers by helping them recognize and respond to situations that pose ethical uncertainty... The bioethics casebook was the product of a project with the National University of Singapore Centre for Biomedical Ethics, The Hastings Center, and Oxford University's Ethox Centre. Explore the Casebook.
Additional information about the book is available from The Hastings Center website: "an innovative web-based casebook that focuses on ethical challenges of caring for people in an aging society. It is geared to those who provide community-based care to frail or chronically ill people living at home, in a family member's home, or in a nursing home. The casebook will include fictional cases along with ethics commentaries, clinical perspectives, reflection and discussion questions, and other resources...."
This second volume of the casebook focuses on elders while the first volume focuses on difficult decisions. For more information, click here.
May 30, 2017 in Advance Directives/End-of-Life, Books, Consumer Information, Current Affairs, Ethical Issues, Health Care/Long Term Care | Permalink | Comments (0)
Tuesday, May 23, 2017
Growing Opposition to Consolidation of Departments of Aging into Other State Departments
As I reported here for the first time recently, Pennsylvania's Governor Wolf has proposed consolidation -- or as he prefers to call it -- unification -- of four separate administrative agencies, the Departments of Aging, Health, Human Services (formerly Public Welfare) and Drug & Alcohol Treatment Programs. Are similar budget-driven changes occurring in your state?
As I catch up with events in Pennsylvania, I'm learning from readers about growing concerns about the possible merger.
- As one recently retired PA legislator pointed out, there seems to be little in the way of a written plan for how services will be handled under this merger. Rather, the merger appears mostly as a description of budget items, with a lot of "minus" signs to indicate cuts. Perhaps by design, Pennsylvania government is often a bad example of transparency for governments. What is the real plan, if any?
- With the consolidation, at a minimum, older Pennsylvanians would be losing a cabinet level post, their singular, dedicated spokesperson. This would be likely to affect all future budget and programming battles.
- The timing is, to use a favorite Trump adjective, "sad." While the leading edge of the big wave of aging baby boomers began to be felt a few years ago when those born in in 1945 started turning age 65 in 2010, the "real" need for an effective advocate is when boomers start turning age 75, age 80 and so on, the higher ages when they are more likely to need or question access to services.
Perhaps of greatest significance is the potential impact of consolidation on the process for assessment of need for services and assistance, especially Medical Assistance.
Under the current allocation of resources, "assessment" of need is handled by individuals employed under the authority of Pennsylvania's Department of Aging.
However, the financial allocations are currently determined under the authority of the Department of Human Services. Consolidation might make sense on paper, but wait!
As one of my mentors in aging, Northern Ireland's former Commissioner of Older People Claire Keatinge, says, to be helpful, fair and effective, any individual assessment of need for health care, social care and security, should be exactly that -- individualized and focused on the client, and should not be simply a match to "what services (if any) are available." That process-based distinction is critical to determining current and future funding priorities.
In Pennsylvania, the lion's share of budget and personnel for aging services has long been housed in the Department of Human Services (formerly Public Welfare), but those workers -- perhaps by necessity and perhaps by design, have often functioned as dedicated bean counters, as in "here's what services we fund, so do you or don't you meet the eligibility criteria?"
By losing the aging assessment focus of the current Department of Aging, it seems likely the state would compromise, and perhaps lose entirely, the independent thinking and opportunity for critical needs-based assessment.
Several elder-focused organizations have raised these and other key points in opposition to the existing budget-based consolidation proposal. Those active in the debate include:
- The Pennsylvania chapter of the National Association of Elder Law Attorneys (PAELA) has asked thoughtful legislators to "oppose such consolidation" as presented in the current budget proposal. As Pittsburgh Elder Law attorney Julian Gray testified on May 1 in state Senate hearings, a "bigger" agency is not necessarily a "better" agency.
- Representatives for the service organization for Pennsylvania senior service workers, P4A, testified strongly in favor of the role of the Department of Aging as the advocate for the "unique needs of seniors." Speakers focused too on the Department's historical role in protecting and managing a unique funding stream dedicated to seniors, "lottery" funds.
- Long-time practitioner and elder law guru, Jeff Marshall, has a comprehensive commentary, with links, detailing the history and importance of Pennsylvania's Department of Aging. There's a simple bottom line expressed here -- "if it ain't broke, don't fix it."
- Related articles
May 23, 2017 in Consumer Information, Ethical Issues, Health Care/Long Term Care, Medicaid, Retirement, State Cases, State Statutes/Regulations | Permalink | Comments (0)
Monday, May 22, 2017
NAELA Chapter Joins as Amicus for New York Aid in Dying Case
In what is described as a "first" for the National Academy of Elder Law Attorneys (NAELA), the organization through its New York Chapter will present argument on behalf of individuals seeking to establish access to "aid in dying." On April 27, the New York Chapter was granted leave to appear as amicus curiae in Myers v. Schneiderman before the New York Court of Appeals. Oral arguments are scheduled in Albany on May 30, 2017.
At issue is New York's penal law prohibiting assistance in "suicides." The original suit, filed in February 2015, sought a ruling that the statute, characterized by opponents as "antiquated," should be interpreted as not reaching the conduct of a physician that provides aid-in-dying where the patient is terminally ill and mentally competent and voluntarily seeks "terminal medication." Alternatively, the opponents of the law argue that the statute violates the rights of privacy and/or equal protection guaranteed by the New York State Constitution. New York's trial level court dismissed the challenge as a matter of law, on the grounds that New York's penal law was "clear on its face."
In joining the challenge to the dismissal, which was affirmed by appellate division, New York NAELA wrote:
As an organization of lawyers who represent the elderly and persons with disabilities, the New York Chapter [of NAELA] believes that a proper interpretation of New York's "assisted suicide" laws and due consideration of Appellants' constitutional challenges should be based on a fully developed factual record. These are issues of great moment to the elderly and those who love them and to the administration of justice in this State. This Court should have the benefit of a hearing and findings of relevant evidence before deciding them. . . .
What would assist this Court in fairly construing the Penal Law are facts relating to aid-in-dying. While the language of the statute is the starting point for interpretation, its words do not exist in a vacuum.
For more on the arguments, including links to the various parties' appellate briefs in Myers, see the "End of Life Liberty Project."
May 22, 2017 in Advance Directives/End-of-Life, Cognitive Impairment, Discrimination, Ethical Issues, Health Care/Long Term Care, Science, State Cases, State Statutes/Regulations | Permalink | Comments (0)
Monday, May 15, 2017
Elder Financial Abuse Video from Pennsylvania Departments of Banking and Aging
Here's a seven-minute video on elder financial abuse, focusing mostly on "scam artists," from the Pennsylvania Departments of Aging and Banking & Securities. You might find this useful for classes.
I found the discussion of "mild cognitive impairment" interesting, especially as it allows a conversation about planning without the dreaded words, dementia or Alzheimer's Disease.
May 15, 2017 in Cognitive Impairment, Consumer Information, Current Affairs, Dementia/Alzheimer's, Elder Abuse/Guardianship/Conservatorship, Estates and Trusts, Ethical Issues, Film | Permalink | Comments (0)
Friday, May 12, 2017
Preventative "Support Visits" Starting at Age 75 under Consideration in Northern Ireland
On May 10, 2017, my research colleagues Gavin Davidson (Queens University Belfast) and Subhajit Basu (University of Leeds) participated in a policy briefing at Stormont, the Northern Ireland Assembly in Belfast. They appeared in support of recommendations by the Commissioner of Older People (COPNI) Eddie Lynch on a major plan for modernization of social care programs for vulnerable adults (of any age).
Professors Davidson and Basu focused on three key recommendations:
- Northern Ireland should have a single legislative framework for adult social care with accompanying guidance for implementation. This could either be new or consolidated legislation, based on human rights principles, bringing existing social care law together into one coherent framework.
- All older people in Northern Ireland, once they reach the age of 75 years, should be offered a Support Visit by an appropriately trained professional. This will be based on principles of choice and self-determination and is aimed at helping older people to be aware of the support and preventative services that are available to them.
- Increasing demands for health and social care reinforce the importance of considering how these services should be funded. All future funding arrangements must be equitable and not discriminate against any group who may have higher levels of need.
The audience, which included researchers, social service program administrators and elected officials (not only from Northern Ireland, but elsewhere, including the Isle of Man), reportedly responded strongly to the recommendations, especially to the concept of specially-trained "support visitors," offered to persons age 75 or older. The intent is to provide individuals with planning support and, where needed, medical assessment. Guidance and information is often needed for pre-crisis planning, thus moving in the direction of prevention of crises and reduction of need for last-minute response. The support visitor concept has been used successfully in Denmark and other locations in Europe. The next step for Northern Ireland would likely be a pilot or test project.
As a co-author of the research reports that led to the COPNI recommendations, working with Professors Gavin Davidson and Subhajit Basu as part of a team headed by Dr. Joe Duffy of Queens University Belfast, I found it an interesting coincidence that at almost the same time as the Northern Ireland government session, I was addressing similar interests in "preventative" planning while speaking on elder abuse in a "Day on the Hill" program at the Capitol in Pennsylvania, hosted by the Alzheimer's Association. It is clear that on both sides of the Atlantic, we are interested in cost-effective, proactive measures to help people stay in their homes safely.
May 12, 2017 in Consumer Information, Crimes, Ethical Issues, Health Care/Long Term Care, International, Retirement, Social Security, Statistics | Permalink | Comments (1)
Wednesday, May 10, 2017
Taking a Closer Look at "Gray Divorce" Statistics
Writing for the Institute for Family Studies, George Washington Law Professor Naomi Cahn and University of Minnesota Law Professor June Carbone dig into the black and white of statistics on "gray" divorce, with interesting observations. For example:
First, some good news for everyone: the divorce rate is still not all that high for those over the age of 50. Yes, it has doubled over the past 30 years: in 1990, five out of every 1,000 married people divorced, and in 2010, it was 10 out of every 1,000 married people. And yes, the rate has risen much more dramatically for gray Americans than for those under 50; in fact, there was a decline in the rate for those between the ages of 25-39. But the divorce rate for those over 50 is still half the rate for those under 50.
Divorce for older individuals often does have significant impacts for individuals in retirement, as they point out:
These statistics don't mean that gray divorce isn't a problem. Those who divorce at older ages, like those who divorce at younger ages, tend to have less wealth than those who remain married, with the gray divorced having only one-fifth of the assets of gray married couples. Compared to married couples, gray divorced women have relatively low Social Security benefits and relatively high poverty rates. While gray married, remarried, and cohabiting couples have poverty rates of four percent or less, 11 percent of men who divorced after the age of 50 were in poverty, and 27 percent of the women were in poverty.
For more, read "Who is at Risk for a Gray Divorce? It Depends."
May 10, 2017 in Consumer Information, Current Affairs, Estates and Trusts, Ethical Issues, Health Care/Long Term Care, Retirement, Social Security | Permalink | Comments (0)
Wednesday, March 8, 2017
Are Inadequately Funded Retirement Plans the Latest Ponzi Scheme?
The teachers' pension fund in Puerto Rico is the latest example of an under-funded government-operated retirement plan. A unique complication of the Puerto Rico teachers' plan is the decision to opt out of Social Security as a separate form of retirement income. In a recent New York Times article, the reporter makes the the analogy to a Ponzi scheme:
Puerto Rico, where the money to pay teachers' pensions is expected to run out next year, has become a particularly extreme example of a problem facing states including Illinois, New Jersey and Pennsylvania: As teachers' pension costs keep rising, young teachers are being squeezed — sometimes hard. One study found that more than three-fourths of all American teachers hired at age 25 will end up paying more into pension plans than they ever get back.
"I think they're really being taken advantage of," said Richard W. Johnson of the Urban Institute, a co-author of the research. "What's so tragic about this is, often the new hires aren't aware that they're getting such a bad deal."
The problem is magnified by the fact that the Puerto Rico teachers union — like many teachers and police unions around the country — opted out of Social Security long ago, hoping it could save both workers and the government money by not paying Social Security taxes.
That decision was predicated on the assurance that the workers' pensions would be well managed and adequately funded. But in Puerto Rico, as in some other places, that has not been true for decades.
For more, read In Puerto Rico, Teachers' Pension Fund Works Like a Ponzi Scheme.
March 8, 2017 in Consumer Information, Current Affairs, Ethical Issues, Federal Statutes/Regulations, Retirement, Social Security | Permalink | Comments (0)
Tuesday, March 7, 2017
In Case You Missed It: Sister Shares Moving Account of Early Onset Dementia
From the Washington Post, an especially moving account written by former White House Communications Director Jennifer Palmieri about her sister, who died at age 58 following some ten years with "early onset" Alzheimer's:
Every day, more Americans receive the devastating news that someone in their family has this affliction. For now, there is not a lot of hope for recovery. It can make you envious of cancer patients; their families get to have hope. Having come through this experience with my sister, I am afraid that I can't offer these new Alzheimer's families hope for a recovery. But I do hope that by relaying the story of my sister's journey, I can offer them some peace.
My sister Dana was brilliant, beautiful, full of positive energy, a force of nature. She was not an easy person. She was driven and successful, and, as the disease progressed unbeknown to all of us, it became harder to connect with her. Ironically, that began to change once she got the diagnosis.
When she called each of us with the news, she already had it all figured out. We were all to understand that, really, she saw the diagnosis as a blessing. It was going to allow her to retire early. It would motivate our family to spend time together we would not have otherwise done. It would shorten her life, but she would make sure the days she had left were of the highest quality.
The thoughtful piece can help all of us as we and our family members tackle challenges. For more, read The Blessings Inside my Sister's Alzheimer's Disease.
March 7, 2017 in Advance Directives/End-of-Life, Cognitive Impairment, Dementia/Alzheimer's, Ethical Issues, Retirement, Science | Permalink | Comments (0)
Tuesday, February 28, 2017
More on Supreme Court Nominee Neil Gorsuch on End-of-Life Issues
Paula Span, the thoughtful columnist on aging issues from the New York Times, offers "Gorsuch Staunchly Opposes "Aid-in-Dying." Does It Matter?" The article suggests that the "real" battle over aid-in-dying will be in state courts, not the Supreme Court.
I'm in the middle of reading Judge Gorsuch's 2006 book, The Future of Assisted Suicide and Euthanasia. There are many things to say about this book, not the least of which is the impressive display of the Judge's careful sorting of facts, legal history and legal theory to analyze the various advocacy approaches to end-of-life decisions, with or without the assistance of third-parties.
With respect to what might reach the Supreme Court Court, he writes (at page 220 of the paperback edition):
The [Supreme Court's] preference for state legislative experimentation in Gonzales [v. Oregon] seems, at the end of the day, to leave the state of the assisted suicide debate more or less where the Court found it, with the states free to resolve the question for themselves. Even so, it raises interesting questions for at least two future sorts of cases one might expect to emerge in the not-too-distant future. The first sort of cases are "as applied" challenges asserting a constitutional right to assist suicide or euthanasia limited to some particular group, such as the terminally ill or perhaps those suffering grave physical (or maybe even psychological) pain....
The second sort of cases involve those like Lee v. Oregon..., asserting that laws allowing assisted suicide violate the equal protection guarantee...."
While most of the book is a meticulous analysis of law and policy, in the end he also seems to signal a personal concern, writing "Is it possible that the Journal of Clinical Oncology study is right and the impulse for assistance in suicide, like the impulse for old-fashioned suicide, might more often than not be the result of an often readily treatable condition?"
My thanks to New York attorney, now Florida resident, Karen Miller for pointing us to the NYT article.
February 28, 2017 in Advance Directives/End-of-Life, Consumer Information, Crimes, Dementia/Alzheimer's, Discrimination, Elder Abuse/Guardianship/Conservatorship, Ethical Issues, Federal Cases, Health Care/Long Term Care, Religion, Science, State Cases, State Statutes/Regulations | Permalink | Comments (0)
Monday, February 27, 2017
Will "Everyday Americans" Lose Potential Protections re Investment Advice?
NPR had a good recent summary of the politics behind opposition to full implementation of fiduciary duty standards for investment brokers in providing retirement advice:
Over the past two weeks, the Trump administration has taken steps to delay and perhaps scuttle a new rule designed to save American workers billions of dollars they currently pay in excessive fees in their retirement accounts.
The Obama administration spent 5 years crafting the rule through the Labor Department. It requires that financial advisers and brokers act in their customers' best interest when offering them investment advice for their workplace retirement accounts. Firms must comply by April [2917 under the current rule].
As the commentary pointed out, early-on Trump pledged to support the interests of ordinary working Americans and to take on Wall Street:
In his inauguration speech, President Trump talked about giving America back to everyday working Americans. In one of the more memorable moments, the president said, "The forgotten men and women of our country will be forgotten no longer."
The fiduciary duty rule for investment brokers directly signals the tension between President Trump's pledge to working Americans and his career-long focus on big business.
AARP supports the rule, recognizing that the U.S. has an "under savings" problem. Distrust of investment advisers plays into the reluctance of ordinary Americans to engage in professionally-assisted planning for the future. Will AARP rally retirees to resist repeal or delay of the fiduciary duty rule?
For more, read or listen to Trump Moving to Delay Rule that Protects Workers from Bad Financial Advice.Trump Moving To Delay Rule That Protects Workers From Bad Financial Advice and White House to Investors: Put Savers' Interests First.
Warren Buffett has been counseling -- for years -- to avoid high fee "experts" for investment advice, recommending the use of index funds instead. See e.g. Newsday's "Warren Buffett Says Don't Waste Money on Investment Fees."
February 27, 2017 in Consumer Information, Estates and Trusts, Ethical Issues, Federal Statutes/Regulations, Retirement | Permalink | Comments (0)
Friday, February 24, 2017
Washington State Discusses Expansion of Limited License Legal Technicians to Estate & Health Care Law
In 2012, the Washington Supreme Court approved Admission to Practice Rule 28, which created a new program for authorization of "limited license legal technicians," also known as LLLTs or "Triple L-Ts." The express purpose of the program was to meet the legal needs of under-served members of the public with qualified, affordable legal professionals, and the first area of practice chosen was domestic relations. With that first experience in hand, in January 2017, the Washington State Bar Association has formally proposed expansion of the LLLT program to enable service to clients on "estate and health law."
As described in the Washington State Bar Association materials, this expansion will include "aspects of estate planning, probate, guardianship, health care law, and government benefits. LLLTs licensed to practice in this area will be able to provide a wide range of services to those grappling with issues that disproportionately affect seniors but also touch people of all ages who are disabled, planning ahead for major life changes, or dealing with the death of a relative." The comment period is now open on the proposed expansion.
For more about this important innovation, there was an excellent 90 minute-long webinar hosted by the Washington Bar in February 2017, with members of the Limited License Legal Technician Board explaining the ethical rules (including mandatory malpractice insurance), three years of education and 3000 hours of experience required for LLLTs to qualify. Now available as a recording, the comments from the Webinar audience, including lawyers concerned about the potential impact on their own practice areas, are especially interesting.
Many thanks to modern practice-trends guru, Professor Laurel Terry at Dickinson Law, for helping us to keep abreast of the Washington state innovation.
February 24, 2017 in Consumer Information, Current Affairs, Estates and Trusts, Ethical Issues, Health Care/Long Term Care, Legal Practice/Practice Management, Programs/CLEs, State Statutes/Regulations, Webinars | Permalink | Comments (0)
Thursday, February 23, 2017
North Carolina Appeals Ct Declines to Recognize Pre-Death Cause of Action for Tortious Interference with Expectancy
An interesting decision addressing standing issues arising in the context of a family battle over an 87-year old parent's assets was issued by the North Carolina Court of Appeals on February 21, 2017. In Hauser v Hauser, the court nicely summarizes its own ruling (with my highlighting below):
This appeal presents the issues of whether (1) North Carolina law recognizes a cause of action for tortious interference with an expected inheritance by a potential beneficiary during the lifetime of the testator; and (2) in cases where a living parent has grounds to bring claims for constructive fraud or breach of fiduciary duty such claims may be brought instead by a child of the parent based upon her anticipated loss of an expected inheritance. [Daughter] Teresa Kay Hauser ("Plaintiff") appeals from the trial court's 3 March 2016 order granting the motion to dismiss of [Son] Darrell S. Hauser and [Son's Wife] Robin E. Whitaker Hauser (collectively "Defendants") as to her claims for tortious interference with an expected inheritance, constructive fraud, and breach of fiduciary duty as well as her request for an accounting. Because Plaintiff's claims for relief are not legally viable in light of the facts she has alleged, we affirm the trial court's order.
The succinct North Carolina opinion, declines to follow the logic of Harmon v. Harmon, a 1979 decision from the Maine Supreme Court, that addressed the "frontier of the expanding field" on torious interfence of with an advantageous relationship, by recognizing a "pre-death" cause of action.
Currently the North Carolina opinion is available on Westlaw at 2017 WL 672176; I'll update this post with a open access link if it becomes available.
February 23, 2017 in Current Affairs, Elder Abuse/Guardianship/Conservatorship, Estates and Trusts, Ethical Issues, State Cases, State Statutes/Regulations | Permalink | Comments (0)
Wednesday, February 22, 2017
Are Seniors the Target of Unfair Foreclosures in Florida Reverse Mortgage Cases?
The marketers of reverse mortgages often paint a rosy picture of how seniors will be able to draw on the equity in their homes to cover daily expenses, without risk of repayment before death. But details of these mortgages can be overlooked and as we've reported before, seniors can be surprised when terms and conditions create traps that can lead to foreclosure. However, from Florida, we're now hearing about cases where one of the simplest conditions -- the borrower continuing to live on site -- has become the subject of litigation.
From Law.com:
"All of a sudden, we saw a spate of foreclosures where the mortgage companies alleged the seniors no longer lived in the home," said Gladys Gerson, supervising attorney for Coast to Coast Legal Aid of South Florida's senior unit. "This has been happening around the state."
About a dozen similar cases reached Gerson and other attorneys at Coast to Coast, who have helped a growing number of low-income seniors fight and win dismissals despite aggressive lender litigation.
Florida is ground zero for seniors' issues, but as the strategy has often proved effective, it's likely to spread, according to defense attorneys. "If you see the volume of national advertising that's geared to seniors, I can't believe this is limited to Florida," Corona's father and partner, Ricardo, said. "The servicers are not even based in Florida, so I don't see why they would limit themselves."
Corona admits he didn't expect a hard fight when he first reviewed El Hassan's case, but court records show he was wrong. Over the last 10 months, the ongoing litigation yielded two hearings, 40 docket entries and attempts by both sides to collect attorney fees.
For more, read the full article, Foreclosure Litigation Strategy Takes Aim at Seniors, Attorneys Say.
Thank you to my colleague, Dickinson Law Professor Laurel Terry, for this source.
February 22, 2017 in Consumer Information, Current Affairs, Ethical Issues, Federal Statutes/Regulations, Housing, Retirement | Permalink | Comments (0)
Tuesday, February 21, 2017
Texas Elder Abuse Statute Used to Convict and Sentence Doctor to Life in Prison
The deeply disturbing medical practice history of Christopher Duntsch, who worked as a neurosurgeon in Texas until 2013, culminated in his February 2017 conviction and sentence of life in prison for his injuries to a 74-year old patient. It is relatively rare for medical "malpractice" cases to lead to criminal charges, but as detailed in news articles covering the trial, there was strong, adverse medical testimony about how Duntsch's improper surgical procedures caused a horrific outcome.
Initially accusing Duntsch of criminal acts arising in the context of surgical procedures to several of his patients, the prosecution ultimately focused the criminal trial on his 2012 spinal surgery on a single patient under Texas Penal Code Section 22.04, for "Injury to a Child, Elderly Individual, or Disabled Individual." The pertinent portion of the statute provides:
"(a) A person commits an offense if he intentionally, knowingly, recklessly or with criminal negligence, by act . . . causes to a . . . elderly individual . . . : (1) serious bodily injury."
The offense becomes a first degree felony, if it is proven that the conduct was "committed intentionally or knowingly." If the conduct had been "only" reckless, the offense would be a felony of the second degree.
Under the statute, an "elderly individual" is defined as a "person 65 year of age or older."
In a Washington Post article on the conviction, a Texas attorney is quoted:
"I cannot recall a physician being indicted for aggravated assault for acts committed during surgery," Toby Shook, a Dallas defense attorney who spent 23 years working as a Dallas County prosecutor, told the magazine. "And not just Dallas County — I don't recall hearing about it anywhere."
February 21, 2017 in Crimes, Elder Abuse/Guardianship/Conservatorship, Ethical Issues, State Cases, State Statutes/Regulations | Permalink | Comments (0)
Monday, February 20, 2017
How Do "Domestic Partnerships" Fare for Elderly Couples?
George Washington Law Professor Naomi Cahn recommended an interesting new article from the Elder Law Journal, "The Precarious Status of Domestic Partnerships for the Elderly in a Post-Obergefell World."
Authors Heidi Brady, who is clerking for the Fifth Circuit Court of Appeals, and Professor Robin Fretwell Wilson from the University of Illinois College of Law, team to analyze key ways in which elderly couples in domestic partnerships may be treated differently, and sometimes more adversely, than same sex couples who are married. From the abstract:
Three states face a particularly thorny question post-Obergefell [v. Hodges, the Supreme Court's 2015 decision recognizing rights to marry]: what should be done with domestic partnerships made available to elderly same-sex and straight couples at a time when same-sex couples could not marry. This article examines why California, New Jersey, and Washington opened domestic partnerships to elderly couples. . . . This Article drills down on three specific obligations and benefits tied to marriage -- receipt of alimony, Social Security spousal benefits, and duties to support a partner who needs long-term care under the Medicaid program -- and shows that entering a domestic partnership rather than marrying does not benefit all elderly couples; rather, the value of avoiding marriage varies by wealth and benefit.
Thank you, Naomi, for this recommendation.
February 20, 2017 in Estates and Trusts, Ethical Issues, Federal Statutes/Regulations, Health Care/Long Term Care, Medicaid, Social Security, State Cases, State Statutes/Regulations | Permalink | Comments (0)
Friday, February 17, 2017
Sigificant Relationships: Arizona's New Guardianship Law Provides Rights of Contact for Wards
As we have discussed often on this Blog, one key issue in guardianships can be the right of access between third persons and the protected ward. Arizona has adopted a new rule expressly permitting individuals with "significant relationships" with a ward to petition the court for access if the appointed guardian is denying contact. A key section of the new law, adding Arizona Rev. Statutes Section 14-1536, effective as of January 1, 2017, provides:
"A person who has a significant relationship to the ward may petition the court for an order compelling the guardian to allow the person to have contact with the ward. The petition shall describe the nature of the relationship between the person and the ward and the type and frequency of contact being requested. The person has the burden of proving that the person has a significant relationship with the ward and that the requested contact is in the ward's best interest."
In deciding whether to grant access the court is obligated to consider the ward's physical and emotional well-being, and to consider factors such as the wishes of the ward "if the ward has sufficient mental capacity to make an intelligent choice," whether the requesting person has a criminal history or a history of domestic or elder abuse, or has abused drugs or alcohol. The new law also gives the ward the direct right to petition for contact with third persons.
"Significant relationship" is defined in the statute as meaning "the person either is related to the ward by blood or marriage or is a close friend of the ward as established by a history of pattern and practice."
The Arizona guardianship law was also amended to mandate that guardians notify "family members" when an adult ward is hospitalized for more than 3 days or passes away. Section 14-1537 provides notice shall be given to the ward's spouse, parents, adult siblings and adult children, as well as to "any person who has filed a demand for notice."
I have also run into the issue of access where the care for the incapacitated person is being provided by means of family member or third person acting through a "power of attorney." Sadly, in some states, the access issue triggers a full blown guardianship proceeding. Should a similar "significant relationship" test be used to provide a court petition-system outside of guardianships?
February 17, 2017 in Cognitive Impairment, Current Affairs, Dementia/Alzheimer's, Elder Abuse/Guardianship/Conservatorship, Estates and Trusts, Ethical Issues, Health Care/Long Term Care, State Cases | Permalink | Comments (0)
Wednesday, February 15, 2017
Summer Study in London: Prof. Kate Mewhinney's Course on Comparative Law & Aging
Our good friend, a true expert on international perspectives on elder law, Professor Kate Mewhinney, is offering her course on Comparative Law and Aging in London this summer. Here are the details for the 3 credit course, part of a summer program that begins May 29, 2017:
This course examines how countries address what has been called the "silver tsunami" – the rapidly aging demographic. Through a comparative and international analysis students will learn how different legal systems address similar challenges brought on by increased longevity and fewer births. The course allows us to compare legal approaches to such issues as retirement ages, pensions and Social Security, appointment of financial surrogates, employment discrimination, filial responsibility and health care policies on long-term care and end-of-life options. The focus will be on the U.S., U.K. and major European countries, as well as Japan, the European Union, and China. There are no prerequisites. Students will be graded on class participation, a quiz on fundamentals, and a short research paper to be turned in within a month of the course end.
For more information on enrollment and other details of Wake Forest University School of Law's summer program in London, see the details here.
February 15, 2017 in Current Affairs, Ethical Issues, International | Permalink | Comments (0)
Tuesday, February 14, 2017
2017 Summer Internships Available at David Berg Center for Law and Aging
I have had several law students take advantage of summer internships available through the David Berg Center for Law and Aging in New York City and they always report it was a great experience. The window is now open for applications for summer 2017. Here are the details:
The David Berg Center for Law and Aging is seeking select students for its Summer 2017 internship program. The David Berg Center for Law and Aging focuses on a wide range of legal and policy issues affecting the older adult population and victims of elder abuse and exploitation. Interns will be offered the unique opportunity to work at the nation's first elder abuse shelter, The Harry and Jeanette Weinberg Center for Elder Abuse Prevention at the Hebrew Home at Riverdale. Located in the Riverdale section of the Bronx, New York, on 17 acres of the Hudson River, the comprehensive elder abuse center provides an emergency residential shelter as well as psychosocial, health care and legal advocacy and community-based services for victims of elder abuse. Under the direct supervision of the Weinberg Center's Assistant Director and General Counsel, students will be exposed to legal practice in New York City and Westchester County. Students may have the opportunity to work collaboratively with Weinberg Center partners such as the New York State Attorney General's Office, the New York City Police Department, District Attorneys' Offices and Family Justice Centers. Interns will complete substantive research and writing on the different legal and policy issues impacting the older adult population and victims of elder abuse. Past issues have included questions surrounding legal capacity, guardianship, powers of attorney, Medicaid eligibility, copyright, and right to privacy. The interns will gain case management skills and potential courtroom exposure through drafting petitions for guardianship, family court orders of protection and housing court matters. The interns will also have the opportunity to participate in multidisciplinary conferences, meetings of the American Bar Association Senior Lawyer's Division's Elder Abuse Task Force and other community outreach and training events. Dormitory style affordable housing at the College of Mount Saint Vincent is available.
Interested students should send a resume, cover letter and writing sample to Deirdre Lok. Her email address is available on the Center's website here.
February 14, 2017 in Current Affairs, Elder Abuse/Guardianship/Conservatorship, Ethical Issues, Health Care/Long Term Care | Permalink | Comments (0)
Monday, February 6, 2017
The United Nations of Caregiving
Have you ever spent the night in a nursing home or dementia care center? How about for a week?
While on my sabbatical in Arizona I had the recent opportunity to spend several nights and many daytime hours in a care center. Quite simply, the experience deepened my respect and appreciation for the roles played by professional caregivers at all levels.
The facility in question is a nonprofit center, licensed for assisted living, and devoted exclusively to dementia care without restraints, the very definition of "mission driven" care. Set in a five acre campus, it is what I would call a "green house model" community (or more precisely, an Arizona Model Dementia Specific Assisted Living Project), with a maximum of twelve residents per cottage. It isn't a fancy place, but it is inviting, with a circular path between the four cottages that encourages people to sit under the trees, mingle and chat. Many residents are admitted on "private pay" status, but the center is also Medicaid certified.
Three shifts per day of CNAs (certified nursing assistants), usually at least two per cottage for each shift, provide the bulk of the personal care, cleaning, and meal service for the residents. The CNAs rotate shifts between the four cottages over the course of a single work week, sharing the workload of more challenging residents. There is also a small staff at the administrative level, including an executive director (who is working on her PhD thesis in her rare, spare time) and two LPNs, and there is regular input from both an MD and a very experienced Nurse Practitioner (who also has a PhD). A jack-of-all trades-building-maintenance-man, an up-beat program planner, plus two expert cooks round out the staff. I was on a nodding acquaintance with many of these people as a result of regular visits for close to three years, but my most recent ten days of "living in" gave me profound new appreciation.
The news media, for understandable reasons perhaps, tends to focus on tragedies and bad experiences in long-term care. Lawyers also tend to do the same, although for other reasons. At a recent legal conference, an experienced attorney who represents families in tort suits against nursing homes told me that in his experience, there are "no good nursing homes," only "less bad" ones.
Frankly, my experience, not just recently, but over 30+ years, is that there are very good care centers available. And the quality of living can be better than in the ol' homestead. It does take time to choose the right center for a loved one, and not every place will work for every person. I suspect the differences depend on how well any center identifies and supports its chosen mission of care. The attitude at the top affects the attitude of every employee.
To start at the executive director level, I learned this week that an awning that magically appeared one hot summer day to shade the favorite bench of one resident came from the director's own home. The attractive, sail-like canvas was adjusted "just so" between a building and a tree to provide maximum protection without making the often restless resident feel trapped.
Regular readers of the Elder Law Prof Blog may have guessed. That sun-worshiping resident was my father, a retired judge. He liked to hold court on that bench.
Another resident would often accompany the maintenance man on his daily rounds -- carrying a tool or pushing a cart. That probably slowed the maintenance man down. But I never heard a complaint. On "tough days" for that resident, when he wasn't tracking enough to safely accompany the maintenance man, that same employee would gently and kindly guide him by the shoulder back to his cottage.
One woman, who did not speak English, liked to dance. At the regular planned musical events, I would see even the shyest CNAs allow this woman to draw them onto the stage to join the entertainers with happy feet. My sister joined her in dancing too.
Another resident, who became one of my favorites, sadly had aphasia, making it hard for him to find words to express himself. Instead, he howled. I listened mornings and nights as those hard-working CNAs would correctly interpret his happy howls -- or his sad howls -- or his "I don't want a shower" howls, without losing patience.
This staff includes people born and raised in the U.S., including several from tribal lands. But there is always a shortage of CNAs. This particular staff also includes men and women who are immigrants from foreign lands: Mexico, several countries in Africa, the Middle East, eastern Europe, India, Indonesia, and the Philippines. Many of the caregivers, working 40 hours or more per week, were also caring for disabled relatives in Arizona, or were sending money "home" to support other family members in need. One caregiver, a permanent U.S. resident, is considering the tough question of whether to return to the country of birth in order to join a spouse currently detained and facing deportation for illegal entry. Their children, born in the U.S., would become strangers in that foreign land.
The workers at my father's assisted living center are part of a United Nations of Caregiving.
February 6, 2017 in Cognitive Impairment, Consumer Information, Dementia/Alzheimer's, Ethical Issues, Health Care/Long Term Care | Permalink | Comments (2)


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The Kenai City Council is considering a change in municipal code to ban the burning of pallets on city beaches. The ordinance comes after complaints... Read more
On Monday afternoon, Vigor Alaska staff moved the still-under-construction vessel Tazlina completely out of the Ketchikan Shipyard assembly hall, giving the community its first full... Read more
The fires of 2017 are consuming more than our desperately dry forests and grasslands. They're eating away at all of us, physically for our brave... Read more
Kenai Peninsula Republican Women's (KPRW) president, Jill Schaefer, stated in a September 13 Peninsula Clarion article that her group has not endorsed a candidate for... Read more


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Book two.
❝I've been inactive for five years?❞
❝No, you were simply stuck in a extremely long dream.❞
Book 1: Despondency
If You Haven't Read The First Book I Recommend You Do.
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This is Love! Naomi is a Jewish lady who finds the way to reach into the soul of Gladys, 87, long isolated in her own world of Alzeimer's by singing her beloved Christian hymns to her. Naomi, is such a special human being and her wonderful message makes Gladys looks so peaceful in her presence. What an angel.!!
So Unbelievably Beautiful.! This Lady Touches Soul Of A Patience With Christian Hymns..Amazing.!!
Writer Christian News Network
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Milagro Tequila at SOL Mt. Pleasant
SOL Mexican Restaurant in Mt. Pleasant had their first tequila dinner and it was one to remember. The highlighted tequilas of the evening were Milagro Tequila blanco, reposado as well as the Select Barrel Reserves. The difference between the Select Barrel Reserves and the regular Milagro is the barrels that are used. The regular Milagro uses American Oak Barrels and the Select Barrel Reserves all use French Oak barrels in the distillation process. The dinner complimented the tequilas perfectly; we had chicken tostadas, avocado and crab cake, chicken tacos, shrimp and vegetables, and a pecan tart for dessert. The host, Maria, was very knowledgeable about every tequila we tasted, and that's not surprising because she is Ben Arnold's Tequila ambassador for South Carolina. The vibe was wonderful, the food was great, and of course the tequila was amazing. We are so excited for more tequila dinners in the future.
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party: Liberal Democrats
constituency: Wolverhampton South West
organisation: Open Rights Group (ORG)
I'm unsure exactly what the question is here, so I'll answer several:
Should we allow private companies to vary our internet bandwidth to different websites? No.
Should a broadband supplier be able to restrict access to content (e.g. pornography) by default? No. In a free market, filters can be optional features by agreement of the person purchasing the service, but never by default, and never without it being very clear that access has been restricted.
Should a government be able to restrict access to information over the internet, e.g. by controls like China and other authoritarian regimes have? No. Absolutely not.
organisation: Open Rights Group (ORG)
I would require greater oversight of what is being done by security services under the pretext of "national security". I would repeal all Acts regarding government secrecy, and require them to be written anew - we live in a different age to when the legislation was written.
organisation: English PEN
organisation: Generation Rent
Yes. I've seen some awful houses bringing in £3000 or more for landlords per month having re-tasked 3 or 4 bed houses into 5 or 6 room bedsits with only a tiny kitchen and single bathroom.
I would require all rental properties to properly insulated with modern heating systems; would support rent controls (given that mortgage controls have limited private purchase options - rent controls must exist to balance these); support shifting rented properties from council tax to a meaningful location value tax (LVT) or at least a high tariff of business rates. We MUST sort out the mess of an economy where most economic gains ultimately go to land owners. It's unsustainable. It's why I'm proud to have LVT as policy within the LibDem manifesto.
organisation: Generation Rent
Yes. I'd also support a tax on mortgage interest received from banks which would also be appropriate to use for this purpose. Mortgage interest is currently raising £42bn per year for banks, yet the banking levy only recoups a fraction of this. I support Positive Money's campaign to re-nationalise money creation, which was a significant part of our financial crisis and is what allows banks to charge that £42bn on money they created *out of thin air*.
organisation: Generation Rent
Yes, but only to the extent that we do not have a robust LVT + CI (Citizen's Income) policy to share out the excess income (economic rent) fairly to allow all to have a decent home and decent standard of living.
The most efficient way to sort out our housing crisis is to ensure that all aspects of the market work, which means:
- ensure existing housing is used efficiently. Owners of multiple homes should find it painful to keep properties empty purely for speculation or out of laziness.
- ensure that housing developments are built out promptly, not held back to keep prices high. I think all new development should be based on a new system of a location value charges instead of the council tax, with the rates set at the correct level to maintain zero real-terms inflation in the land value element of purchase prices (i.e. excluding improvements/extensions). This would drastically cut the size of mortgages, and capture revenue to allow employment taxes to be reduced.
- Ultimately we should work to ensure that high rents (i.e. high location value based rental incomes) are captured through a Land (location) Value Tax, and redistributed as a Citizen's Income.
organisation: Generation Rent
We need a better model than social housing or private. I'd agree with the above statement if these schemes established a true community land trust, and that these new houses could never have the land element privatised (never!). I would like to see these houses be able to be owned by the tenants, but their rent be on the basis of need and affordability, such that the rent can increase to market prices as their means grow.
Any income should be captured into a Community Land Trust to allow the excess income to be recycled to buy more land back into community ownership.
organisation: Generation Rent
Yes. Rents controls can be implemented quickly and easily. Rents should be controlled to ensure that it becomes, and stays marginally cheaper to buy than to rent. This would divert pension fund, and personal wealth money from property speculation into real investment in, for example, Britain's productivity.
organisation: CISTA
Yes, although I'd go further. It's clear that we need to revise our drugs laws and decriminalise the possession and use. I don't want a review when the debate is really pointless. The war on drugs didn't work. We should end it.


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Cash/Document Boxes
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20 September 2017
divider diary chair 0 whiteboard ba1030 envelope office chair a4 paper clipboard notice board white board ring binder tapler rubber band calculator laminator filing cabinet Tippex kf24001 highlighter cissor post it diarie hredder treasury tag copypaper copy paper printer paper till roll poly pocket jiffy bag business card Bubble wrap flip chart paper paper clip ellotape MOM16ELB label locker C5 envelope dl envelope toilet cleaner a5 spiral receipt book fax machine parcel tape post it note punched pocket
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KERMANSHAH Carpet Properties:
KERMANSHAH carpets and rugs
have tribal pattern. The majority pf KERMANSHAH rugs and carpets have geometric structure. They got their influence from KURDS and LORI tribes who live in this section of IRAN.
The quality of KERMANSHAH carpets and rugs are excellent. They have long life and keep their color after long time.
Size & Shapes:
The carpets from KERMANSHAH have different size and majority of them are mid size(4x6 to 8x10 feet) You can also find large rugs up to large size(10 x 18 feet).
Dark red,blue and brown are main colors in KERMANSHAH rugs.
Soft wool, thin, tight piles.
Warps are mostly cotton, wefts either cotton or wool.
Weaver in KERMANSHAH are using Turkish knots, so You should check the back of carpet. The number of Knots varies and depend of the quality of carpet but the average is around 120 KPSI (30 RAJ).
KERMANSHAH rugs are one of the nicest and quality carpets.Prepare yourself to pay $4-$10 Per Square Feet (PSF) for nice carpet from KERMANSHAH.
Where is KERMANSHAH (BAKHTARAN)?
KERMANSHAH (BAKHTARAN) is
located in the west of IRAN. KERMANSHAH has 624,084
population based on 1991 census. KERMANSHAH is the
trade center for a rich agricultural region that
produces grain, rice, vegetables, fruits, and
oilseed. Manufactures include carpets, canvas
shoes, textiles, refined petroleum, refined sugar,
and other processed foods. KERMANSHAH has numerous
caravansaries that are crowded semiannually with
Shiite pilgrims to Karbala, Iraq.
The climate in KERMANSHAH province is temperate. Apart from the western border regions of the province which neighbor Iraq, other parts of KERMANSHAH are climatically influenced by the factors of height, moist, western currents, and the direction of mountain hills. The average annual rainfall in KERMANSHAH is 300 to 500 millimeters. The precipitation is often in the form of rain and in cold seasons in the form of snow. Cold weather usually starts in mid-December and continues until March. The regions of:
Naft Shahrand in other words, the whole border strip have warm weather.


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Texas Southern University restaurants
Think about what career is best suited for you, and where you want to study. Request more information now.
Think about what career is best suited for you, and where you want to study. Request more information now.
Think about what career is best suited for you, and where you want to study. Request more information now.
Info concerning Texas Southern University restaurants, and registering for discussion sections. Which college degrees give you the best chances of finding employment after graduation? Seek out accredited nursing programs for the best training. Given a brief hospital internship or prior work experience, you can expect a great return on your medical education. Concentrating on Texas Southern University restaurants, for example, you may gain an advantage in job recruiting on-campus. Check with the nutrition department for course registration deadlines, and dining plan program requirements. Please use the form above to request admissions info for Texas Southern University.
The science of nutrition extends beyond a biochemical analysis of food, assimilation, and digestion within the body. Whole foods provide the energy and nutrients you need to maintain health. Required nutrients include proteins, carbohydrates, fats, vitamins, minerals, and water in abundance. Healthy eating isn't hard in fact, but it's a skill that must be learned. The key to nutritional science is to eat a variety of foods, including vegetables, fruits, and whole-grain products. Further, rehydrate with lots of alkaline, ionized mineral water, and limit your intake of salt, sugar, alcohol, saturated fat, and trans fat in your diet. The high water and fiber content in most fruits and vegetables makes them hard to overeat.
Start your morning by skipping high-sugar, processed cereals, and replace the eggs and some of the cheese in your omelet with vegetables. Swap out some of the meat and cheese in your sandwich with healthier veggie choices such as lettuce, tomatoes, sprouts, cucumbers, and avocado. Instead of a high-calorie snack, such as chips and dip, try baby carrots with hummus, or crunching on a fresh apple. Soft drinks including soda and energy drinks are a huge source of calories in many poor diets. One can of soda contains between 10-12 teaspoons of sugar and 150 calories, so a few soft drinks can quickly bloat your daily calorie intake. Switching to diet soda isn't the answer either. Instead, try switching to water with lemon, unsweetened iced tea, or carbonated water with a splash of juice. Beyond major requirements within the nutrition department, you may consider Coffeyville Community College cafeteria hours as a complementary elective to your primary course of study.
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Versailles Savings and Loan is committed to helping customers protect themselves from theft. One of the largest forms of theft today is identity theft. Identity theft is achieved when someone uses your personal information, like your name, Social Security number or bank account information without your permission, to engage in fraudulent crimes.
To get more information, or to find out what you should do in the even of identity theft, please visit the following link provided by the Federal Trade Commission (FTC).


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CMU Goes Tobacco-Free
- Details
- Created on Monday, 21 April 2014 18:41
The tobacco-free policy on CMU's campus will be implemented on July 1. According to CMU, this is a plan to provide a healthy environment for learning, living and working. The policy will prohibit the use of any forms of tobacco including traditional cigarettes, e-cigarettes, chewing tobacco, pipes, cigars, hookahs, water pipes, and snus and snuff. For more information, click here.


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Guide to the British Virgin Islands
Enjoy and discover one of the most rewarding fishing experiences imaginable by fishing our waters in the British Virgin Islands. Take home the best fish story of your life to share with friends and family. Put fishing in the BVI as one of your top priorities while on vacation here, our guides will help you experience the most satisfying fishing trip of your life!
The official site of the British Virgin Islands (BVI). Discover "Nature's Little Secrets" - over 60 pristine Caribbean islands that comprise the British Virgin Islands. Our unspoilt, idyllic islands are as beautiful as our people and culture. Come explore our white sand beaches, turquoise waters and vibrant lifestyle. Visitors can enjoy our numerous BVI accommodations types - from 5-star resorts to the rustic beauty of the British Virgin Islands.
The website is categorized into the main islands, Tortola, Virgin Gorda, Anegada, Jost Van Dyke and Other Islands.
Fischer's Cove Beach Hotel is an intimate beach side property on the southwestern side of Virgin Gorda that overlooks Sir Francis Drakes Channel. Enjoy a tranquil quarter mile, bohio studded, white sand beach lapped by turquoise waters.
FishtheCaribbean.net is your best resource for Caribbean fishing guides, Caribbean fishing charters, lodges and outfitters and as we grow, your source for Caribbean fishing updates, special offers, reviews, hints, comments and of course, fish stories and pictures. We hope you find our site useful and informative. Please spread the word and return often.


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Welcome to the 43th Annual Free Spirits Track Festival
2017 Dates: Jun 12, 19, 26 and Jul 10, 17, 24, 2017
Six Monday nights set for Brackenridge High School Track,
400 Eagleland Dr, San Antonio, TX 78210 San Antonio, Tx
Go to Track Meets on the left for schedule
We cannot use the Mac track because of construction.
Register around 6 pm at the meet. Only $1.50 per event. Free admission.
Formed in 1968, we are the oldest running club in SA.
Originally, we were the San Antonio Marathon Association (SAMA).
In the 70's we became the Free Spirits and today we are recognized by the State of Texas as the
Free Spirits Track Club.
It was established in raise funds for scholarships for cancer survivors (and other diseases), to
recognize our American Heroes and to promote track & field meets, running and athletic events in
the San Antonio area.
Click on Track Meets on left side (navigation bar)


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Money Market Hedge Definition. A money market hedge is an attempt to offset potential currency fluctuations that could cause a financial loss.
Foreign exchange market - Wikipedia
The foreign exchange market (forex, FX, or currency market) is a global decentralized market for the trading of currencies. This includes all aspects of buying ...
SizeTrade - Futures Trading Secrets & Hedge Fund Signals
Learn Futures Trading from an Active Live Hedge Fund ... Your Trading Profits and Help You Make Money ... FOREX AND COMMODITIES FROM A BOUTIQUE HEDGE …
Forex Hedge Funds London - forex investment mlm plan
forex hedge funds london A smaller take profit value, usually around 10 pips, often works best this setup. forex hedge funds london Further, all trades had to go ...
Is Currency Trading Worth the Risk? - WSJ
Is Currency Trading Worth the Risk? The Foreign-Exchange Market Is Luring Record Numbers of Retail Investors—but the Potential Pitfalls Are Huge
How to Use Hedging in FOREX Trading | Finance - Zacks
Money Managing; Real ... But the Forex market can also hand traders a loss should price move in the opposite ... Use currency correlation to hedge your Forex trades.
What Are the Steps Required to Set Up a Forex Hedge Fund?
Hedge fund managers answer questions and provide valuable insights on their funds, investment strategies and upcoming challenges faced in the global market
Money Market Hedge Strategy - forex-click.com
Articles tagged with 'Financial Management – Money Market Hedge Strategy' at Forex Click - The Ultimate Free Resource
Forex Market Makers
Forex Market Makers What is a forex market maker? ... This is called hedging their exposure and by combining all the money, they hedge in bulk giving them a much ...
Zeusjoes Market-Neutral Hedge Strategy @ Forex Factory
Jun 03, 2008 · Zeusjoes Market-Neutral Hedge Strategy ... back to normal I'll make money without regard to the market ... used by a Forex managed fund using 2 or …
How to Make Money Trading Forex - babypips.com
In the forex market, you buy or sell currencies. It might sound simple but making money trading forex is far from easy.
The 40 Highest-Earning Hedge Fund Managers And Traders
Feb 26, 2013 · In 2012, prominent hedge fund managers made headlines by successfully trading against JPMorgan Chase & Co., spending lots of money to …
Who Are Forex Market Participants? - FXDD
FXDD explains FX market participants such as banks, governments, central banks, hedge funds, businesses and individuals.
3 Ways to Hedge Currency - wikiHow
Aug 30, 2016 · How to Hedge Currency. The hedge is an insurance policy. Whether you're transacting business abroad or simply holding onto foreign currencies as an …
Forex Managed Accounts
FOREX MANAGED ACCOUNTS ... Professional Money Management Forex Managed Accounts, Managed Forex, ... FOREIGN CURRENCY MARKET IN THE MOST LIQUID FINANCIAL MARKET …
[PDF]The Forex Market Tutorial - Investopedia
The Forex Market Tutorial ... more popular with companies that need to hedge their foreign exchange risks out to a specific date in the future. Spot Market
A strategy for hedging forex trades | Forex Crunch
www.forexcrunch.com › Basics & Industry
A strategy for hedging forex ... as new players join the market so it is at this time that the hedge trade should ... not invest money which you cannot ...
Forex Market Makers | Forex.Info
What is a forex market maker? A market maker provides a platform for foreign currency exchange for the customer. Market makers know the curr
Advantages disadvantages of money market hedge
These late payments have has numerous ways it disadvatages advantages disadvantages of money market hedge already opened. For richer or poorer.
Hedge (finance) - Wikipedia
Money Market Operations for currencies; Forward Exchange Contract for interest; Money Market Operations for interest; Future contracts for interest; Covered Calls on ...
Etymology · Examples · Types of hedging · Hedging strategies · Natural hedges
Client Money| FP Markets
CLIENT MONEY & HEDGING. As a client of FP Markets, all your client monies are deposited into trust accounts with banks within Australia. We hedge our client trades ...


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SuccessionsLegal Notice Notices and Announcements Classified Ad
CIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS STATE OF LOUISIANA NO. 2017-8557 DIVISION "D" SUCCESSIONS OF SAMARIA LAMBERT SIMMONS Whereas the Administrator, of the above Estate, has made application to the Court for the sale, at private sale, of the immovable property hereinafter described, to-wit: THAT CERTAIN. PIECE. OR PORtiON OF GROUND; together with all the buildings and. improvements thereon and all of the rights, 'Nays, privileges, servitudes advantages and appurtenances thereunto belonging or in anywise appertaining, situated in the State of Louisiana, Parish of Orleans; in the FIRST DISTRICT of the City of New Orleans, in SQUARE No. 752,.bounded by Banks S. Scott (side), Baudin (side) and S. Pierce Streets, designated as LOT NO. 33, commences 123.11.2 feet from the corner of Banks and S. Pierce Streets; measures the thence 23.11.2 feet front on Banks Street, a. width in the rear of 19.11.7 feet, by a depth of 159.10.3 feet on the sideline nearer S. Scott Street, and a first depth on t.he opposite sideline of 12!;10.3 feet, thence measure in the direction of S. Scott Street, and a ~irst depth on the opposite sideline of 127,10:3 feet, thence measure in the direction of S. Scott S. Scott Street a distance of 3.11.3 feet; thence a second depth of 31.116 to the rear of the lot. All as more fully. shown on a survey of Gilbert, Kelly & Couturie, Inc., S & E, dated February 23, 1994, a copy of which is attached hereto. Improvements thereon bear the No, 3918 Banks Street. UPON THE FOLLOWING TERMS AND CONDITIONS, TO-WIT: ONE HUNDRED EIGHTY THOUSAND AND N0/100 ($180,000.00) DOLLARS, upon the following conditions, to-wit: all cash at the act of sale, less usual vendors' costs and fees as provided in the Agreement to Sell, with this succession to receive one-half ofthe net proceeds. Notice is hereby given to all parties whom it may concern, including the heirs and creditors of the decedent herein, and of this estate, be ordered to make any opposition which they have or may have to such application, at any time, prior to the issuance of the order or judgment authorizing, approving and homologating such application and that such order or judgment may be issued after the expiration of seven (7) days, from the date of the last publication of such notice, all in accordance with law. Attorney: Neil BY ORDER OF THE COURT DALE N. ATKINS, CLERK Attorney: Neil Levith. Address: 8020 Crowder Boulevard New Orleans, LA 70127 Telephone No: (504) 242-7882 Publication: Times-Picayune September 13, 2017 October 11, 2017
Related Categories: Notices and Announcements - Legal Notice
Published in The Times-Picayune 9/13. Updated 9/13.
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The Most Popular Beauty Products on Influenster: 10MM Reviews
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Kat Von D Ink Liner
4.57 / 5 based on 2,314 Reviews
!Sorry, this product has been discontinued.
Product Description
Lookin' sharp! Crisp felt tip + INTENSE color saturation + waterproof long wear…makes this bad boy a gift from liquid liner heaven!
Ink Liner is a color lover's BFF! The dramatic shade range of 10 bold hues includes stark white, raven black and everything in between. It doesn't get more pigmented than this, so let your technicolor dreams run wild!
It all comes down to the fabulously pointed felt tip. This guy is loaded with rich, saturated formula for INSTANT bold payoff and the most high-definition lines we've ever seen! When it comes to razor-sharp, clean-cut looks, Ink Liner is your weapon of choice!
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Top Questions See all 144 Q&A
- Has anyone else ever bought this liner only for it to be so dry you...2 Answers
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- What is the difference between this Kat Von d liner and the Tatto b...4 Answers
Kat Von D Ink Liner
Reviews (2314)
Media (156)
- "Personally I love this liner, the application is easy with the felt tip and it's quick to dry!" in 2 reviews
Review for: Bukowski
This eyeliner always smears on me. I would not buy this again. I have really oily skin so that might be the reason. The package is nice but it's not worth it.
Review for: Bosch
Goes on really smooth and really easy to apply. Doesn't smear as easy as most eye liners do. The price could be a little better but it is a very good product.
Review for: Bosch
I love ink and liquid liners they are soft to the touch and make me look mysterious and sexy my eyes are small but they make them look good and stand out more
Review for: Nietzsche
I bought this cause I love purple eyeliner and this last all day without it smudging. I use this when I wanna add a pop of color to my regular makeup routine
Review for: Dali
They last a long time and they're so easy to work with. The tip can get dry if opened to long but put the cap on and give it a shake and it's like brand new.
Review for: Trooper
My absolute favorite! It makes creating a cat liner a breeze even if you have no skills for it! Stays put until you remove it! I never want to be without it.
Review for: Woolf
The applicator is a bit harder for someone like me who isn't winged eyeliner savey. Still on a good day it lasts till I wash it off that night. Very pleased!
Review for: Bukowski
This eyeliner is long wear which I love doesn't come off to much but when you use it the eyeliner bleeds a lot other than that the eyeliner works really well
Absolutely love this liner. I use this everyday and doesn't chip, flake up or rub off during the day. I recommend this to anyone because it's simple to use.
This liner give me the sharpest wing! I have mine in the shade trooper which is an ultra deep jet black! It's my go to liner and I hate using anything else!
How much does this eyeliner cost?
How well do these work?
Does this liner bleed down on your under eye through out the day? With the liner I use now I feel like I'm constantly having to wipe away liner marks from under my eyes!
I'm new to winged liner, would you guys say this is super user friendly? Thanks !
How Is this when creating a wing?
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