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Understanding Legal Capacity & Ethics
guidelines for assessing capacity, as set out in Model Rule 1.14 and the comments to the rule. Standards of capacity for specific legal transactions The law generally presumes that adults have capacity unless they have been adjudicated as incapacitated, for example, through guardianship or conservatorship.
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Legal Basics- Elder Financial Exploitation - NCLER
ncler.acl.govPocket Guide on Elder Investment Fraud and Financial Exploitation (EIFFE) for clinicians that is instructive for a wider audience of professionals. 19 • The ABA Commission on Law and Aging collaborated with IPT to develop an . EIFFE . ... Legal Basics- Elder Financial Exploitation
Legal Basics- Supplemental Security Income (SSI) - …
ncler.acl.govLegal Basics: Supplemental Security . Income (SSI) CHAPTER SUMMARY • APRIL 2017 Trinh Phan and Jenny Chung Mejia, Justice in Aging. Justice in Aging
Residential Property Assessed Clean Energy (PACE) Loans
ncler.acl.govResidential Property Assessed Clean Energy (PACE) Loans Andrew G. Pizor, National Consumer Law Center January 17, 2018. About NCLER The National Center on Law and Elder Rights (NCLER) provides the legal services and aging and disability communities with
Signs of Abuse, Neglect, and Exploitation
ncler.acl.govDefinitions: Abuse, Neglect, and Exploitation Many state statues have state-specific definitions of abuse. Elder abuse statutes generally cover adults who have a limited ability to protect themselves, and in some states, people of advanced age.1 Spotting abuse, neglect,
'I Can't Pay That!': Social Security Overpayments and Low ...
ncler.acl.govA waiver asks SSA not to require repayment of an overpayment. SSA will waive recovery of an overpayment if both of the following are true: 1. The individual must be without fault in causing the overpayment; and. 2. Recovery would either “defeat the purpose of the Social Security Act” or “be against equity and good conscience.” 14
SSI Benefits and Ownership of Joint Bank Accounts
ncler.acl.govProblems with SSA stopping benefits often begin when SSA applies the SSI resource rules to joint accounts. If the SSI recipient is named on a joint bank account along with another person who does not receive SSI, SSA will presume that all of the funds in the account belong to the SSI recipient.3 If an SSI
Defending Evictions from Nursing Homes and Assisted Living ...
ncler.acl.govassisted living residents to appeal an eviction through an administrative hearing. A minority of states also specify that a resident has a right to the eviction protections of the state’s landlord-tenant law, or can challenge an eviction by filing a complaint with the licensing agency. Frequently, however, state law
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