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Elder Law

[11/12] James v. Richman
In a suit seeking Medicaid benefits, an injunction preventing defendant-Department of Public Welfare from denying benefits is affirmed where: 1) equitable relief was appropriate where plaintiff would be barred by the Eleventh Amendment from seeking monetary damages from the state; 2) plaintiff was not required to exhaust his state-level administrative remedies before seeking federal relief; and 3) a non-revocable, non-transferable annuity purchased by plaintiff's wife did not fit the statutory definition of an "available resource" for purposes of calculating Medicaid eligibility.

[10/23] People v. Slattery
Sentence of time in state prison and payment of restitution to the hospital that treated defendant's mother, for elder abuse, is stricken where the hospital is not a direct victim of the offense, as required by section 1202.4(k)(2).

[09/30] Wood v. Jamison
In a malpractice action brought by the trustee of 78-year old decedent for defendant-attorney's role in performing legal services for client who convinced decedent that he was her nephew, judgment for damages, attorney's fees and costs based on legal malpractice, breach of fiduciary duty and financial abuse of an elder is affirmed where: 1) defendant failed to advise decedent of a conflict of interest; 2) defendant failed to advise decedent the investment was not appropriate for her, or at least to refer her to an independent investment advisor; and 3) defendant obtained an undisclosed profit from the transaction.

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