Selecting an attorney for legal cases is a very important decision. Please enter your information below to receive a Free Consultation from an attorney in your area:
Elder Law News
Elder Law Attorneys Frequently Face Ethical Issues Arising Out Of Their Specialized Practice Of Law
Often these questions are related to the diminished capacity of a client. This article will briefly explore some of the ethical issues that may arise when a lawyer suspects that a client has become incompetent or unable to make adequately considered decisions. These ethical issues may include questions of conflicts of interest due to the involvement of children, caregivers, or the like in consultations with the lawyer, or because of successive representations, or because the person paying for services may not be the client. Other ethical issues may be related to the scope of the attorney’s representation, communicating with unrepresented parties, and confidentiality issues.
The situation may develop in this way. A lawyer has represented a client for a number of years with respect to estate planning issues. The lawyer is contacted by the client’s adult child, who believes that the client is becoming incapacitated, and may be at risk of harm from a caretaker whom the child believes is obtaining undue influence over the client. The child asks the lawyer for assistance in taking steps to protect the client, including possibly obtaining the child’s appointment as guardian of the client. At about the same time, the lawyer receives a letter from another attorney, enclosing a form signed by the client discharging him. The new attorney is demanding that the lawyer turn over the client’s file to her, and has directed the lawyer not to contact the client.
A lawyer is obligated to withdraw from the representation of a client when discharged. Mass. R. Prof. C. 1.16(a)(3). A lawyer is also required to return the former client’s file and other property within a reasonable time following the client’s request. Mass. R. Prof. C. 1.16(e).
Medicaid does not provide medical assistance for all poor persons.
Even under the broadest provisions of the Federal statute (except for emergency services for certain persons), the Medicaid program does not provide health care services, even for very poor persons, unless they are in one of the designated eligibility groups. Low income is only one test for Medicaid eligibility; assets and resources are also tested against established thresholds.
Newsroom
News about Elder Law cases in Arizona and nationwide:
Definition:
Assistive technology is any service or tool that helps the elderly or disabled do the activities they have always done but must now do differently. Such technology may be something as simple as a walker to make moving around easier or an amplification dev
Conservator
Definition:
An individual appointed by a court of law to manage a person?s financial affairs.
Medicaid
Definition:
Medicaid is a health benefit program administered by States for people with low incomes who meet other eligibility requirements. The health insurance program is financed by the federal and state governments. Medicaid may also pay for nursing home care if
If you live in the following cities and need an Elder-Law attorney you should contact
our Elder-Law Attorney as soon as possible:
Apache Junction
Avondale
Buckeye
Bullhead City
Casa Grande
Cave Creek
Chandler
Chino Valley
Cottonwood
Douglas
Flagstaff
Florence
Fountain Hills
Gilbert
Glendale
Green Valley
Kingman
Lake Havasu City
Mesa
Nogales
Paradise Valley
Payson
Peoria
Phoenix
Prescott Valley
Safford
Scottsdale
Sierra Vista
Somerton
Sun City
Sun City West
Surprise
Tempe
Tucson
Yuma
Legal Disclaimers All attorney listings are a paid attorney advertisement, and do not in any way constitute a referral or endorsement by an approved or authorized lawyer referral service. The information provided on Arizona Elder Law Attorneys.com is not intended to be legal advice, but merely conveys
general information related to legal issues commonly encountered. Your access
to and use of this website is subject to additional Terms
and Conditions.
Local Professional? Generate new business today
Call 866-227-9356 or contact a sales rep
Did You Know?