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About George Smith

George Smith has a broad, interdisciplinary practice in the state and federal courts including litigation of commercial and business disputes, real estate disputes, personal injury cases and family law matters. He prides himself on providing not only legal solutions and advice, but also practical solutions and advice to his clients. George Smith's Google+ Profile

Long term Care of Elderly and the Role of Informal Caregivers

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Caregivers and Elder CareEvery family differs in its approach to caring for aging relatives.

Many families look to themselves to provide long term care as their parents, grandparents, aunts and uncles (etc.) age.  Indeed, according to statistics from the U.S. government’s Administration on Aging, “families are the major provider of long-term care, but research has shown that caregiving exacts a heavy emotional, physical, and financial toll.”  Caregivers have to juggle conflicting responsibilities and can experience a great deal of stress.  It is reported that nearly half of all caregivers are over the age of 50, “making them more vulnerable to a decline in their own health,” with up to one-third describing themselves as being in fair to poor health.

In light of these, and other, difficulties, it is the unfortunate reality that some families cannot provide long term care for an elderly relative themselves, possibly leaving the relative in a vulnerable or risky position.  Therefore, before family members reach the point of needing long term care or assistance, they should take steps to proactively plan and protect themselves.

If you or someone you know anticipates caring for an elderly or otherwise vulnerable adult, these tips from the Arizona Attorney General (via AARP) may be helpful to pass along. These tips are intended to help prevent abuse or exploitation of those relying on advanced long term care.

First, remember that “ that no one, at any age, should be the victim of violent, abusive, humiliating, or neglectful behavior.”  A few of the “dos” and “don’ts” include the following: [Read more…]

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Can a Remainder Beneficiary Sue a Trustee?

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Gavel | Civil Litigation AttorneysA revocable living trust may have certain advantages over a last will and testament.  Namely, a trust may help avoid probate, which can often be time consuming and costly.

The trustee of the trust is responsible for carrying out the instructions of the trust, established by the trust’s creator, or settlor.  The trustee has a fiduciary duty toward the settlor, meaning that he or she is obliged, among other things, to manage the trust as directed by the settlor in the trust document.  Failing to do so can open the trustee to liability for his or her actions.  Read our article to learn more about trustee’s duties and trust disputes. [Read more…]

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Ohio Judge Rules Electronic Will Written on Tablet Is Valid

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Will on Tablet | Berk & Moskowitz, P.C.As technology marches on at a rapid pace, the law is sometimes slow to catch on.

A little more than one-third (thirty-four percent) of Americans own a tablet computer, according to a recent study done by the Pew Research Center. That number is only expected to increase in future years. [Read more…]

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Nursing Homes in Arizona Lack Adequate Sprinkler Systems

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Nursing home - Berk & Moskowitz, P.C.Placing your loved one in a nursing home is a difficult decision. The event requires extensive thought as well as research into the quality and affordability of nursing homes in your area. Most people looking into nursing homes on behalf of their loved one think to check the quality of nursing home care as well as the facility itself. [Read more…]

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Substandard Dental Care Threatening Many Nursing Home Residents

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Dental Care - Berk & Moskowitz, P.C.Our elderly loved ones deserve to be treated with care, dignity, and respect. Unfortunately, they receive substandard care far too often.

In a recent article, the New York Times reports that, in many nursing homes across the country, nursing home residents are suffering from poor dental hygiene. [Read more…]

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HOW IS CHILD CUSTODY DECIDED?

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Child custody - Berk & Moskowitz, P.C.Divorce is not only a stressful time on the spouses involved but has an enormous affect on the children. Which parent will gain custody? Who will they live with most of the time? What are the visitation rights?

Gaining child custody may be one of the biggest issues in your divorce case, so having an experienced divorce attorney at your side is critical. [Read more…]

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