Law and Conversation

April 15, 2011

More on Wallis Simpson, Duchess of Windsor–and DRA 2005 and Medicaid, too

I recently posted about the sad last days of the Duchess of Windsor, Wallis Warfield Simpson, still a controversial figure 75 years after King Edward VIII of England abdicated his throne to marry her.  Today’s edition of Arts and Letters Daily provides a link to a review of a new biography by Hugo Vickers, “Where’s Wallis?  Behind Closed Doors:  The Tragic, Untold Story of the Duchess of Windsor.”  Having read Caroline Blackwood‘s “The Last of the Duchess” with horrified fascination, I’m putting Vickers’s book on my list.

Even the duchess’s vast resources couldn’t save her from dementia, nor is it even clear to what extent they might have alleviated the unhappiness of her last years.  And the duchess apparently didn’t put her affairs in particularly good order before the disease overtook her. Dementia and the cost of health care are huge topics in the news these days, and, accordingly, how best to advise clients on their estate plans is of great concern to lawyers.  I have an article in the current issue (April 2011) of the Illinois Bar Journal on the effect of the Deficit Reduction Act of 2005 on Illinois’s new Medicaid regulations.  I was pleased to get to reference “A Penny Saved Can Be a Penalty Earned:  Nursing Homes, Medicaid Planning, the Deficit Reduction Act of 2005, and the Problem of Transferring Assets,” a scholarly but very readable article by Catherine M. Reif, a recent graduate of Northern Illinois University’s College of Law, which appeared in vol. 34, No. 2 of New York University’s Review of Law and Social Change.  Though federal (or state) regulations do not exactly make for fun reading, Cathy’s article drew me in right away through her use of story.  Using as examples four hypothetical elderly women, all 72, all of whom earned the same amount of money and own the same sort of modest home, but each of whom made different lifestyle choices, Cathy explains the law’s disparate effect and makes even this complex subject understandable.

Readers, can you think of any examples of story helping you to understand a complex topic?

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