RobRoy's blog

When is a Guardianship Over an Adult Appropriate?

Courtroom and U.S. FlagA "guardianship" establishes the legal right of one individual to make decisions regarding the physical care of another who is no longer able to make such decisions for themselves.  A "conservatorship" is similar to a guardianship, however the decision-making power granted is limited to the financial affairs of the individual over whom the conservatorship is established (the "ward").  These powers can only be granted by a court of law where jurisdiction is proper (e.g., where the ward lives).  The laws that govern these situations can be found in Title 75, Chapter 5 of the Utah Code.

Violent Assault on 101 Year-old New Yorker Spurs State Legislature to Action

A recent mugging in New York apparently struck a nerve with lawmakers there. At 101 years old, the lady in this video held up quite well despite the violent attack against her. The attacker made off with a measly $33 and her house keys. In response to this widely publicized video clip, the New York legislature quickly passed a law making it a "violent felony" to assault someone over 65. Before this law was passed, the assailant could have plead in his defense that he didn't know his victim was so old and possibly get off with no more than a misdemeanor.

Is Your Loved One Over-medicated?

A recent article in the New York Times entitled "Doctors Say Medication is Overused in Dementia" highlights what I believe should be a real for concern to those of us with loved ones in long-term care facilities.

Special Needs Trusts Can Provide Enhanced Lifestyle

A Special Needs Trust (“SNT”) is a unique legal instrument that can provide a disabled individual supplemental benefits above and beyond those provided by government need-based benefits.

Salt Lake Tribune Nursing Home Report

The Salt Lake Tribune published an article this week detailing an investigation on how well Utah nursing homes are caring for their residents.  The investigation found that, overall, Utah nursing homes are providing very good care for Utah's seniors with a few exceptions.  The report also found that ownership tended to be the best indicator of the quality of care provide

New "Utah Advance Health Care Directives"

In January of 2008, a new law in Utah entitled the "Advance Health Care Directive Act" ("UAHCDA") replaced the somewhat less useful "Personal Choice and Living Will Act."  The purposes of both of these acts was to make it easier for individuals to control the decision-making process related to their health care if they ever became unable to make such decisions for themselves d

Rising Long-term Care Costs in U.S.

An April 2008 Study of long-term care (LTC) costs for the elderly in United States, published by Genworth Financial, highlights a growing concern for seniors and their family members. According to this study, the national average for the cost of nursing home care is approximately $76,460 per year, which is more than 150% of the average annual income of American households.

Welcome to Utah Elder Law Blog

Welcome to the Utah Elder Law Blog! My intent here is to provide reliable, understandable and current information on the legal issues that impact Utahns who are aging, have aging family members or friends, or who are in denial about their own mortality, but are nevertheless curious about the legal issues facing "all those old people" out there.

Syndicate content RSS