| Challenging a Petition for Guardianship |
| There are many reasons for establishing a guardianship over an incapacitated person. With so much at stake, the senior who is the focus of the guardianship proceeding may wish to challenge the proceedings or at least insist that the least alternative means of protection is imposed and that as much autonomy possible is maintained. More... |
| QUALIFYING FOR NURSING HOME MEDICAID BENEFITS |
| Medicaid pays most of the costs of nursing home care for needy persons. Eligibility to receive Medicaid benefits is based on federal and state guidelines governing the applicant's income and available resources. More... |
| Medicare and Medicaid |
| Some states include as part of their Medicaid coverage Programs of All Inclusive Care for the Elderly, known as PACE. PACE programs use multidisciplinary teams to coordinate and provide care to frail elderly Americans. As such, PACE programs is also a part of the Medicare system. More... |
| Regulation of Annuities and Insurance |
| The United States Supreme Court took up the question of whether Congress had the power to regulate the business of insurance in 1944.1 An insurance association and its member affiliates had been indicted in a federal district court for violating Sections 1 and 2 of the Sherman Anti-Trust Act by price-fixing insurance premium rates and monopolizing the insurance trade in several southern states. Adhering to the long-held view that individual states had the power to regulate foreign insurers who sold policies within their territories, the district court sustained the demurrer filed by the insurance association and its member affiliates. On appeal, the United States Supreme Court concluded that "[n]o commercial enterprise of any kind which conducts its activities across state lines is wholly beyond the regulatory power of Congress under the Commerce Clause. There is no exception for the business of insurance." Because the Court found no congressional intent to exempt the business of insurance from the Sherman Act provisions, the district court's order was reversed. More... |
| Housing - Federal Public Housing Programs - § 8 Rental Subsidies |
| The United States Department of Housing and Urban Development (HUD) provides rental subsidies to low-income families using certificates and vouchers. More... |
Garson & Slepian
