Las Cruces Attorney Estate Planning Probate #law #office, #el #paso, #estate


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El Paso office Map:
4110 Rio Bravo, Suite 220
El Paso, Texas, 79902

915-533-3563
Meetings by appointment only

Estate Planning, Probate and Trust Law in Las Cruces and greater El Paso area.

Alan Gluth specializes in estate planning, gift and estate taxation, probate and trust matters, fiduciary litigation and tax-exempt organization matters in Texas and New Mexico. If you or your family has any questions or needs in these legal areas, Alan Gluth is qualified to help you.

  • Free initial consultations
  • Flat fee billing for most matters
  • Board Certified in New Mexico and Texas

Mr. Gluth is board certified in estate planning, trusts and probate law by the New Mexico Board of Legal Specialization of the State Bar of New Mexico and is one of only eight attorneys in the State of New Mexico to currently hold this certification in New Mexico. Alan Gluth is also board certified in estate planning and probate law by the Texas Board of Legal Specialization of the State Bar of Texas and obtained this designation in 2003.

Mr. Gluth was named to the New Mexico Super Lawyers list as one of the top attorneys in New Mexico for 2012, 2013, 2014 and 2015. No more than five percent (5%) of the lawyers in New Mexico are selected by Super Lawyers, and at age forty-five (45), Mr. Gluth is one of the youngest attorneys in southern New Mexico to have obtained this designation and one of only four attorneys in New Mexico to be named to the New Mexico Super Lawyers list in the area of estate planning and probate law.

Alan Gluth currently practices as a sole practitioner under Gluth Law, LLC after being a name partner in another law firm for several years. Mr. Gluth received his law degree from The University of Texas at Austin in 1998.

Civic and Personal Information

Mr. Gluth is married to JoAnn and they have four sons: Collin (18), Braden (14), Preston (13), and Peyton (7). Outside of his professional activities, Mr. Gluth and his wife are active in his sons’ extracurricular activities and volunteer at schools within the Gadsden Independent School District. Mr. Gluth and his family reside close to La Union, New Mexico.

Alan Gluth is responsible for the content of this website.


23/09/2017

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Undue Influence #elder, #law, #attorney, #riverside, #riverside #county, #california, #george #f.


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Undue Influence

Undue influence is a key element in financial abuse cases. Almost always, the elderly victim was taken advantage of through coercion, manipulation or trickery and thus lost their property and money to the perpetrator.

California Civil Code Section 1575 describes undue influence as:

The use, by one in whom a confidence is reposed by another, or who holds a real or apparent authority over him or her, of such confidence or authority for the purpose of obtaining an unfair advantage over him or her;

Taking an unfair advantage of another s weaker state of mind; or

Taking a grossly oppressive and unfair advantage of another s necessities or distress.

As you can see, taking advantage of an elder is the key theme in financial abuse cases.

There are numerous ways that the elderly are taken advantage of. One of the most prolific is the improper use of financial powers of attorney. Placed into the hands of a greedy son or daughter, this powerful document can become a license to steal . Here s a quick example:

Mom had always lived independently and always handled her own finances. She would never relinquish control over her investments or bank accounts. However, over the years she began to develop symptoms of dementia short and long term memory loss. Although she had some friends, none of them felt it was their place to step in and assist her with her financial matters.

Because of the current economic situation . her son recently lost his job and his bank was threatening to foreclose on his home. He now sees an easy way out. He relentlessly badgers mom until he overpowers her deep-rooted need for independence, and unduly influences her into signing a financial power of attorney by convincing her that she needs help in paying her bills. Son now takes the power of attorney to mom s bank and adds his name on both her checking and savings accounts.

It isn t long until her accounts are depleted and she never saw it coming because of her diminished mental capacity.

Under California law, undue influence can be presumed to have occured whenever a special relationship exists between the elder and the perpetrator. Determining whether a special relationship exists involves questions of fact and depends on the circumstances of each case. Such a relationship can be established by the close proximity of the perpetrator to the elderly victim. Caregivers, nurses, friends or relatives can all, potentially, be so involved in the elder s life that such a special relationship exists to trigger the presumption that undue influence occurred.

The importance of this presumption, once established, is that it shifts the burden to the defendant (the son in the above example) to prove that undue influence did not occur.

Another factor in determining whether undue influence occurred, it is a determination as to the adequacy of consideration that was given to the elder by the defendant. In making such a determination, the Court will consider the degree of isolation, failing health, and mental capacity of the elder and what benefit, if any, the defendant provided to the elder.

One more factor is whether or not the elder obtained independent legal advice before executing a power of attorney or completing a conveyance of real or personal property. In most cases of elder financial abuse, the perpetrator did not take steps to have the transaction reviewed by an attorney.

One of these factors, by themselves, is probably insufficient to show that the elder was subjected to undue influence and that the conveyance of real or personal property should be undone. However, a combination of these factors can be enough to prove undue influence and to convince the court that the power of attorney be declared void, or that the transaction, conveyance or contract should be rescinded and the property wrongfully taken must be returned to the elder.

Many remedies exist when undue influence has been used to obtain property. California s Elder Abuse and Dependent Adult Civil Protection Act provides nearly every remedy under the sun, and a civil action can request that the defendant be liable for attorney fees, costs, and punitive damages, as well as all special and general damages.

If you or a loved one have been the victim of undue influence, then pick up the phone and give us a call. We re here to help. The initial telephone consultation is always free.

Copyright. 2007 2012. Law Office of George F. Dickerman. All rights reserved.

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14/08/2017

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The Dark Side of Caregiving: Elder Abuse News – Next Avenue


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The Dark Side of Caregiving: Elder Abuse News

Credit: Photo by Alan Light

Two recent, high profile news stories shed light on the dark side of caregiving known as elder abuse, a fate that affects one in 10 seniors every year, according to the National Institute of Justice .

In May, Jean Kasem, married for 34 years to American Top 40 radio DJ Casey Kasem. escaped criminal charges of elder abuse sought by her adult stepchildren. The Los Angeles County District Attorney found there was insufficient evidence to prosecute. The beloved DJ passed away last year after reportedly suffering years with Parkinson’s disease and Lewy body dementia .

Kasem’s children from his first marriage accused Jean Kasem of preventing them from seeing him. His oldest daughter, Kerri, filed for temporary conservatorship when — against medical advice — Jean Kasem moved her husband from a convalescent home in Los Angeles, Calif. A court document filed by the district attorney said Jean took Casey Kasem to Las Vegas, Nev. and then Seattle, Wash. where she had him evaluated at a local hospital. Physicians there reported he suffered from a Stage III (second-to-worst level) bedsore and a urinary tract infection.

Kerri attests this neglect hastened her father’s demise, but prosecutors said Casey Kasem’s “longstanding profound health issues” made it impossible to prove abuse or neglect.

A Guilty Plea

While Jean Kasem escaped charges, another caregiver, Linda Maureen Raye, pleaded guilty earlier this year to elder abuse after being initially charged with murdering her mother, Yolanda Farrell, according to an investigative report published by Kaiser Health News .

Raye, who was homeless, persuaded her ill mother to move from a nursing home into a one-bedroom apartment so she could care for her. They lived off her mother’s Social Security benefit.

The reality is 90 percent of elder abuse cases are perpetrated by family members.

In a period of two years, Raye became the agent of her mother’s death through overwhelming neglect, refusing in-home professional nursing help and allowing her mother’s unattended bedsores to lead to septic shock, according to police and court records.

In her mother’s last year, Raye benefited not just from the Social Security income but also collected $900 a month from California’s In Home Supportive Services (IHSS) program. The state program allows low-income qualifying seniors and persons with disabilities to hire a family member to care for them and be compensated through taxpayer dollars.

After her guilty plea, Raye was sentenced to 11 years in prison.

Predator or Pressured to Care?

These caregiving situations are different in the caregivers’ means and actions. But both show the complex relationships and pressures that can exist within families and the potential for neglect.

By 2050, one in five Americans will be over age 65 — double the number in 2012 — and the population over age 85 will more than triple, based on the latest U.S. Census studies. With more older citizens to care for, the ranks of family caregivers, currently 44 million caring for someone over age 50, is growing daily.

Some caregivers believe caring for a parent or other loved one is a labor of love. Others feel pressured into their caregiving role, creating anger, frustration, depression and other emotional issues that can play a part in future abuse. In fact, the University of California, Irvine, Center of Excellence on Elder Abuse and Neglect reports 47 percent of dementia caregivers mistreated their loved one; factors like anxiety, depressive symptoms, social contacts and perceived burden played a role.

What Is Elder Abuse?

Elder abuse. defined by the National Center on Elder Abuse. is a series of intentional actions that cause harm or create a serious risk of harm to a vulnerable senior. Statistics show that older women seem to suffer more abuse than their male counterparts, and as age increases, so does the risk for abuse.

Although Adult Protective Services agencies throughout the country report that there has been an increase in the reporting of elder abuse cases, only 1 in 14 cases ever comes to the attention of the authorities. Sometimes the lack of reporting is because the caregiver is the abuser.

There are horrific stories of elder abuse from “gray market” services that are found through Craigslist, local newspapers and agencies that don’t have important liability insurance coverage or conduct criminal background checks. But the reality is 90 percent of elder abuse cases are perpetrated by family members. Even the rich and famous don’t escape the abuse, as witnessed in recent years with cases involving family members of Mickey Rooney and Brooke Astor.

Lack of Training May Be Fueling Crisis

Whether intentional or not, the elder abuse crisis for our growing aging society is aided by lack of caregiver training. A 2012 AARP and United Hospital Fund study found 46 percent of family caregivers perform medical or nursing tasks and 35 percent are providing wound care. Most caregivers have received little or no training to conduct these para-professional services.

While training is not a requirement to care for an aging loved one at home, there are several organizations that provide training services for family caregivers. The Savvy Caregiver program is a seven-week course of two-hour training sessions weekly, either online or in-person. The lessons cover the spectrum of caregiving needs including understanding the emotional challenges of caring for an older loved one. This program is offered through several organizations including the Alzheimer’s Association. Family Caregiver Alliance. Healthcare Interactive and the Rosalynn Carter Institute for Caregiving .

Another program, Powerful Tools for Caregivers. is a self-care education program for caregivers that includes tools and resources to help family members become more effective caregivers. Recognizing the problems in care transitions for patients being discharged from hospitals to home or long-term care facilities Next Step in Care offers online tools including videos, checklists and how to information to help make the transition from hospital to home or long-term care facility easier for caregivers and safer for patients.

Paying Attention to Transitions

Recognizing the problems in care transitions for patients being discharged from hospitals to home or long-term care facilities, United Hospital Fund along with Centers for Medicare Medicaid Services (CMS) and several other organizations developed Next Step in Care. The online tools include videos, checklists and how-to information to help make the transition from hospital to home or long-term care facility easier for caregivers and safer for patients.

In fact, care transitions are getting a hard look by policymakers. The hand-off of patient care from hospital professionals to family members is becoming the focus of legislation supported by AARP, currently making its way into law in Oklahoma and New Jersey and pending in Hawaii, Illinois and several other states.

Known as the CARE Act (Caregiver, Advice, Record, Enable Act), the proposed legislation includes a requirement that hospitals or long-term care facilities record a family caregiver’s name when a loved one is admitted; notify the family caregiver when a loved one is to be discharged and most importantly, require hospitals and rehabilitation facilities to explain and provide live instruction for family caregivers on medical tasks, treatment and other important long-term care needs.

This training includes how to safely transfer a loved one who is in a wheelchair, how to properly give medications and how to care for wounds.

As many of us become caregivers to our older loved ones helping them age with dignity in the peace and sanctuary of their own home, we owe it to them and ourselves to seek the training needed to keep them as safe and as healthy as possible.

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11/08/2017

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What Does an Elder Law Attorney Do? #elder #law #basics, #elder


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What Does an Elder Law Attorney Do?

Elder law attorneys are advocates for the elderly and their loved ones. Most elder law attorneys handle a wide range of legal matters affecting an older or disabled person, including issues related to health care, long term care planning, guardianship, retirement, Social Security, Medicare/Medicaid, and other important matters.

In many ways, elder law attorneys are specialists because of their focus on the needs of older adults, which are often different and more specialized than the needs of younger adults. Not only can they handle important financial and estate planning matters, they also take care of day-to-day issues affecting the actual care of seniors, such as assisted living and
life planning.

In addition, elder law attorneys are often more equipped to handle the sensitive emotional and physical needs of older or disabled adults, and are therefore able to handle a variety of challenging situations.

How Can an Elder Law Attorney Help Me?

An elder law attorney can help with any one of the following:

  • Discuss the importance of wills and estate planning. including planning for a minor or adult with special needs, probate proceedings, and other matters.
  • Create a durable power of attorney.
  • Provide help with health care and planning. including long term care options, patient rights, Medicare, and health care power of attorney.
  • Financial representation: financial planning (including durable financial power of attorney ), housing opportunities and planning, income, estate, and gift tax matters.
  • Guardianship. help with the selection and appointment of a legal guardian.
  • Help locate long term care facilities and manage assisted living cost.
  • Explain nursing home resident rights and help file nursing home claims.
  • Draft a living will or other advance directives. including a durable power of attorney and long term planning documents.

How Do Elder Law Attorneys Bill for Their Services?

Elder law attorneys generally charge by the hour based on the type of work. In some cases, elder law attorneys charge a predetermined flat rate charge based on the type of work, such as review and signing of documents, filing of tax returns, and will preparation.

What Questions Should I Ask an Elder Law Attorney?

Most elder law attorneys do not specialize in every area of law affecting seniors, so it is important to hire an attorney who has experience in your particular area of concern. Also, before selecting an elder law attorney, you should feel comfortable that he or she will represent you or your loved one in a sensitive and understanding manner.

Here are some questions you should ask:

  • How long have you been practicing law?
  • What percentage of your time is devoted to elder law?
  • Do you have a particular emphasis on a certain area within elder law?
  • What information should I prepare for our first meeting?
  • How are your fees computed?

How to Find an Elder Law Attorney

There are numerous ways to find a qualified elder law attorney. Referrals from friends and family or online research may be a good start. However, not all websites are the same and unless you live in the same state as your friend or relative, or have unlimited hours to spend online, you may wish to find a local elder law attorney using FindLaw’s attorney directory.


09/07/2017

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