March 2015

Should you buy long-term care insurance? How to decide

One of the most difficult financial decisions for middle-aged and older people is whether to purchase long-term care insurance. On the one hand, LTCI premiums are generally high, they’re likely to increase in the future, and if you’re in your 50s or 60s, the need is probably decades away. On the other hand, many people have been saved by having LTCI. It enables them to choose their own care setting, hire help without dipping into savings,

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Legal issues to consider when parents are living with their adult children

Did you know that 17 percent of the U.S. population – that’s more than 50 million Americans – are living in households with two adult generations? Some of these are homes where “boomerang” children have returned home after college. But in a great many cases, seniors who no longer want to live alone (or are no longer able to live alone) are living with their middle-aged children. Sometimes the senior moves in with the children, sometimes

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Proposed Modification to Veterans Pensions

The Department of Veteran’s Affairs is seeking to modify its regulations for Veterans Pensions without submitting its proposals to Congress. Currently, a veteran who served during wartime and has either a non-service connected disability or is over the age of 65 can receive a “Veterans Pension” to help pay for long-term care. Currently, the veteran must meet income and asset requirements. The veteran with a dependent may receive a maximum of $2,120 per month to offset

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‘Crowdfunding’ businesses have obligations to investors

More and more start-up businesses are seeking funding on websites such as Kickstarter or Indiegogo, promising small rewards to individual investors in return for micro-contributions. These include the Veronica Mars movie, which raised millions of dollars by promising small contributors posters, DVDs and movie scripts, and a space telescope project that offered “space selfies.” But keep in mind that these promises are a legal obligation – so if you end up getting hundreds or even thousands

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Companies can’t force workers to accept ‘payroll cards’

Companies cannot require workers to receive payment of their wages via “payroll cards,” according to the federal Consumer Financial Protection Bureau. Payroll cards have become popular recently, especially in the retail and food service industries. But under federal law, a company can’t make the cards the exclusive way it offers to pay wages. State laws may impose further restrictions on the cards.

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You can be sued for interfering with someone else’s contract

If you sign a licensing agreement to sell someone else’s products, but that person already has an exclusive license with a third party to sell the same products, you could be legally on the hook. That’s a lesson that J.C. Penney learned the hard way, after it signed an agreement with Martha Stewart to sell a variety of her housewares in special dedicated sections of its stores. The problem was that Martha Stewart had previously signed

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Company not liable for employee who assaulted customer

A car dealership couldn’t be held liable in court for a salesman who sexually assaulted a customer, according to the Texas Court of Appeals. The customer had brought her car in for service and was waiting for a shuttle bus to take her home. The salesman offered to drive her home in his personal car, and she claimed that along the way, he made improper advances. The dealership immediately fired the salesman. The customer sued the

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If someone falls outside your business, are you liable?

If you lease a store or other business and someone trips and falls outside the building, are you legally responsible? That often depends on what’s in your lease – so this is something you may want to think carefully about when you negotiate. This issue came up recently when a woman named Sabena Beriy fell on what she claimed was a poorly maintained curb outside a P.F. Chang’s China Bistro restaurant. P.F. Chang’s had leased the

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Supreme Court: No patent for doing ordinary things online

You can’t obtain a patent for taking some ordinary process in the real world and coming up with a computer program that makes it easier, according to the U.S. Supreme Court. The decision is important because many companies have been trying to patent their apps and other programs to keep competitors from taking their business away. In the Supreme Court case, a company called the Alice Corporation tried to patent an online system to reduce risk

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