Blogs

Making your law firm website accessible can help you reach more clients, reduce legal risk, and better serve people with disabilities. Hamza Jaka explains why website accessibility matters and how lawyers can begin improving their online content.

Jennifer O'Neill tells a story about a valuable family painting – and her thoughts when parents provide no instructions for valuable assets in an estate plan.

When a client’s capacity is in doubt, filing and maintaining a divorce raises many questions about who has authority to sue and who can make required sworn statements. Margaret W. Hickey discusses why a power of attorney may not be enough, when guardianship may be necessary, and how the analysis shifts when the incapacitated person is the respondent.

For busy elder law and special needs attorneys, one of the biggest challenges is how to limit the work they take on and not get overwhelmed. Benjamin Wright discusses what most attorneys do and his own alternative approach.

Five years after stepping back from full-time practice, Paul Sturgul reflects on an unexpected path: returning to litigation in guardianship cases, advocating for elder rights, and balancing professional service with personal pursuits.

A well-drafted estate plan can fail without proper implementation and asset funding, leaving clients’ wishes unfulfilled. Jeffery Drach shares practical steps attorneys can take to guide clients through implementing their plan.

There’s pension money out there for wartime veterans and their surviving spouses who need help to pay for long-term care costs. Peter Harbach encourages elder law attorneys to become accredited with the Department of Veterans Affairs to help clients via the Veteran Improved Pension Program.

How did Avery Mayne become an elder law attorney, and what is her practice like? Benjamin Wright talks to this Milwaukee attorney who uses her voice to advocate for her clients.

A classic line from William Shakespeare is a statement of how important lawyers are in maintaining our democracy and the rule of law, writes Bruce Tammi, who suggests a way that lawyers can do just that.

Legal documents can now be signed and witnessed remotely. Heather Poster discusses the new rules and offers tips and advice on incorporating remote notarization and witnessing of estate planning documents into your practice.

Who is Blaine Patino and why does he practice elder law? Benjamin Wright talks to this Wauwatosa attorney who, he says, has somewhat of an unusual style for someone practicing elder law.

March Madness is a great time to not just unwind and watch a basketball game, but we can also use this time to learn and improve as attorneys. Meghan Teigen discusses the lessons from our hobbies and interests that can benefit our legal practice.

Many estate-planning clients seem to be destroying their well thought-out estate plans by using nonprobate transfers, instead of relying on their existing estate plan documents. Andrew Falkowski explains why the increased use of nonprobate transfers is a major thorn in the side of estate-planning attorneys.

Your clients’ planning goals are affected by their unique cultural histories and circumstances – are you asking the questions that allow you to best serve them? Iris Christenson discusses the considerations for elder law and health law attorneys to gain multicultural competence.

Quality caregiving services are a constant need, particularly in an unstable economy. Amy M. Burger discusses the caregiving shortage crisis and how legal practitioners can address the crisis by making caregiver agreements a regular and integral part oftheir practice.

As elder law attorneys, providing the best guidance to clients often requires a bit of math. Peter Harbach dives into the math involved in comparing divestment planning with immediate qualification planning and the benefits for your clients.

While lawyers are making strides in how they accommodate individual clients, our systemic practices can reveal gaps in knowledge about accessibility. Hamza Jaka shares the perspective of a new attorney with multiple disabilities, and discusses how to ensure your law practice is accessible – which increases the reach of your practice.

What is Wispact and how can it help my client? KC Kratochvill talks about this private nonprofit that maintains and administers pooled special needs trusts in Wisconsin.

Looking for a grant for an elder law or special needs planning related project? A grant from the Elder Law and Special Needs Planning Section may be able to help, says Jessica Liebau.

Our section is not diverse – yet. We want to do more to change that reality. Iris Christenson, past section chairperson and the new diversity and inclusion liaison for the section, talks about the section’s immediate and proactive steps toward improving the section’s diversity.

With Wisconsin’s adoption of the Uniform Adult Guardianship and Protective Proceedings Act in 2018, transferring a guardianship to or from another state can be more efficient. Amy Greske discusses important factors in navigating the statute and successfully transferring a guardianship.

The family cabin is often one of the family’s most cherished assets, and protecting it from devastating long-term care costs requires advance planning. Corinna Martell discusses the benefits of using a family LLC to protect family property.

Taking the exam to become a Certified Elder Law Attorney (CELA) is a rigorous process. Greg Banchy discusses his experience becoming a CELA – and whether it is worth the time and effort.

Disabled individuals rely on public benefits that are often determined by a computer program rather than a person. Julia Veenendaal discusses computer-automated decision-making and a case study involving due process challenges to Medicaid benefits software.

Nursing homes across the country continue to violate and challenge the 1987 Nursing Home Reform Act. Peter Grosskopf discusses the Act and relevant case law, which serve as a reminder for clients to review admission contracts before signing.

The State Bar of Wisconsin Elder Law and Special Needs Section offers grants to members and nonmembers for organizations and events related to elder law and special needs law. Tiara Oates provides information about the grants and how to apply.

The medical profession often fails the elderly and those with terminal illness by avoiding honest talk about the choices these patients face. The same problem exists in elder law, says Benjamin Wright, who discusses one of the hardest aspects of elder law – learning to talk honestly with clients in a way that leads to good decisions.

What does elder law practice look like when you are the client? Paul Sturgul talks about life as a retired elder law attorney – and his firsthand experience with Medicare as a patient.

On behalf of members of the State Bar of Wisconsin Elder Law and Special Needs Section, the State Bar lobbying program gives a voice at the capitol on issues of concern in the practice of elder law. Cale Battles, State Bar senior government relations coordinator, discusses the lobbying program and how to stay informed.

The coronavirus pandemic has affected all aspects of our lives, and Medicaid is no different. Reg Wydeven and Jon Fischer discuss how county caseworkers are processing applications slightly different than during normal times.

Carol Wessels discusses areas of apparent racial inequity within the elder care system in U.S. society.

The Elder Law and Special Needs Section now has a blog to provide members with the latest news, practical advice, and valuable resources that focus on the issues that we encounter in our practice.