Robert S. Muir
Experienced lawyer serving Western Pennsylvania since 1992.
Elder Law Newsletter
Housing - Who Pays For Home Care Services? - Public Third Party Payors
 
Generally speaking, there are three methods of payment for home care services: self-pay, public third-party payors, and private third-party payors. Self-pay is the default payment option for home care. Whenever home care services are not paid by other methods, the patient must pay for the services.More...
 
Regulation of Annuities and Insurance
 
The United States Supreme Court took up the question of whether Congress had the power to regulate the business of insurance in 1944.1 An insurance association and its member affiliates had been indicted in a federal district court for violating Sections 1 and 2 of the Sherman Anti-Trust Act by price-fixing insurance premium rates and monopolizing the insurance trade in several southern states. Adhering to the long-held view that individual states had the power to regulate foreign insurers who sold policies within their territories, the district court sustained the demurrer filed by the insurance association and its member affiliates. On appeal, the United States Supreme Court concluded that "[n]o commercial enterprise of any kind which conducts its activities across state lines is wholly beyond the regulatory power of Congress under the Commerce Clause. There is no exception for the business of insurance." Because the Court found no congressional intent to exempt the business of insurance from the Sherman Act provisions, the district court's order was reversed. More...
 
ADVANCE PLANNING METHODS
 
A trust is a legal instrument that authorizes a person, corporation, or other entity to receive and hold legal title to property and to administer the property as provided in the trust instrument.More...
 
Annuity Payout Options
 
An annuity contract includes provisions for paying out benefits to the annuitant or beneficiary. There are many payout options available. Generally, a portion of each annuity payment is income; thus, federal income tax applies. More...
 
The Term of a Guardianship or Conservatorship
 
A guardian or conservator is appointed by the court, usually a probate court, when an elderly person is in need of protection because he or she no longer has the mental and/or physical ability to provide the basic necessities or life or is susceptible to fraud and undue influence. More...
 
This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.