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Obstacles Faced By The Elderly Veteran, Craig M. Kabatchnick Oct 2012

Obstacles Faced By The Elderly Veteran, Craig M. Kabatchnick

Marquette Elder's Advisor

No abstract provided.


Overutilization And Underutilization Of Preventive Services In Elderly Populations, A Conundrum , Freeman L. Farrow Md, Jd Oct 2012

Overutilization And Underutilization Of Preventive Services In Elderly Populations, A Conundrum , Freeman L. Farrow Md, Jd

Marquette Elder's Advisor

No abstract provided.


Variables Of Health Reform And Their Impacts On The Elderly, John D. Blum Oct 2012

Variables Of Health Reform And Their Impacts On The Elderly, John D. Blum

Marquette Elder's Advisor

No abstract provided.


Chronic Care And Prevention: Evolution In Practice And Finance, John V. Jacobi Oct 2012

Chronic Care And Prevention: Evolution In Practice And Finance, John V. Jacobi

Marquette Elder's Advisor

No abstract provided.


Prevention Paradigms, Over-Diagnosis And Treatment, And Mad Men, Alison Barnes Oct 2012

Prevention Paradigms, Over-Diagnosis And Treatment, And Mad Men, Alison Barnes

Marquette Elder's Advisor

No abstract provided.


Negligence Liability's Role In Changing Pharmacotherapy Responsibilities, Andrew F. Spillane Oct 2012

Negligence Liability's Role In Changing Pharmacotherapy Responsibilities, Andrew F. Spillane

Marquette Elder's Advisor

No abstract provided.


Putting Equity Back In Reverse Mortgages: How State Legislatures Can Bring Fairness To Home Equity Conversion Mortgages, Andrew S. Helman Oct 2012

Putting Equity Back In Reverse Mortgages: How State Legislatures Can Bring Fairness To Home Equity Conversion Mortgages, Andrew S. Helman

Marquette Elder's Advisor

No abstract provided.


The Medico-Legal Aspects Of Dementia-Driven Sexual Abuse In Nursing Homes, Lisa Tripp Oct 2012

The Medico-Legal Aspects Of Dementia-Driven Sexual Abuse In Nursing Homes, Lisa Tripp

Marquette Elder's Advisor

No abstract provided.


Schiavo Revisited? The Struggle For Autonomy At The End Of Life In Italy, Kathy L. Cerminara, Federico Gustavo Pizzetti, Watcharin H. Photangtham Oct 2012

Schiavo Revisited? The Struggle For Autonomy At The End Of Life In Italy, Kathy L. Cerminara, Federico Gustavo Pizzetti, Watcharin H. Photangtham

Marquette Elder's Advisor

No abstract provided.


Table Of Contents Oct 2012

Table Of Contents

Marquette Elder's Advisor

No abstract provided.


Book Review: Senior Living Communities, Jane Mulcahy Aug 2012

Book Review: Senior Living Communities, Jane Mulcahy

Marquette Elder's Advisor

This book is written to assist an attorney acting as counsel to a senior living community and offers guidelines and checklists. Financial aspects including liability are considered, as are resident services and marketing. It could also serve as a resource for an attorney considering options for a client.


Book Review: Aging In The Law: An Interdisciplinary Reader , Jane Mulcahy Aug 2012

Book Review: Aging In The Law: An Interdisciplinary Reader , Jane Mulcahy

Marquette Elder's Advisor

This book provides a comprehensive foundation of the underlying social, economic, political, and legal aspects of some of the issues facing senior citizens. Articles and essays touch on the areas of healthcare, mental capacity, pensions, Social Security reform, elder abuse, long-term care, and legal representation.


The Future Of Medicare: Preserving A Structurally Sound Program For Tomorrow, Alfred J. Chiplin Jr., Brian W. Lindberg Aug 2012

The Future Of Medicare: Preserving A Structurally Sound Program For Tomorrow, Alfred J. Chiplin Jr., Brian W. Lindberg

Marquette Elder's Advisor

This column is an annotated form of a position paper suggesting ways that the Medicare program may be successfully continued into the twenty-first century. Issues discussed are the basic principles to be observed, current concerns and cautions, and concepts for be explored which need further study.


Legal Guadians' Authority To Consent To Do-Not-Resuscitate Orders, Robert J. Best Aug 2012

Legal Guadians' Authority To Consent To Do-Not-Resuscitate Orders, Robert J. Best

Marquette Elder's Advisor

Cardiopulmonary resuscitation (CPR) has saved and prolonged the lives of many, but is it appropriate for elderly and incapacitated individuals? This article examines the role of surrogate decision making in withholding treatment of incapacitated individuals, and provides a list of twelve criteria to assist a guardian to determine what would be in the best interests of the patient.


Aging In Place: Naturally Occuring Retirement Communities And Condominium Living, Ellen Hirsch De Haan Aug 2012

Aging In Place: Naturally Occuring Retirement Communities And Condominium Living, Ellen Hirsch De Haan

Marquette Elder's Advisor

As more and more senior citizens choose to grow older in familiar surroundings, condominium and community associations now may have to grapple with the problems encountered as members age, such as physical and mental impairment and incipient decrepitude. How association officers can (and should) deal with these situations as well as the legal issues involved is discussed at length.


Planning For A Disabled Child, Judith G. Mcmullen Aug 2012

Planning For A Disabled Child, Judith G. Mcmullen

Marquette Elder's Advisor

McMullen provides a comprehensive view of the problems encountered when estate planning includes providing for a disabled child of any age. Traditional approaches, such as outright gifts and trusts, are discussed. Particular attention is paid to situations which might limit access to potential public benefits, including medical assistance programs. Various aspects to consider while evaluating possible options are discussed.


Book Review: Representing The Elderly Client: Law And Practice, Jane M.R. Mulcahy Aug 2012

Book Review: Representing The Elderly Client: Law And Practice, Jane M.R. Mulcahy

Marquette Elder's Advisor

This book provides a thorough outline of every aspect of the elder law practice, including forms and checklists. The book is a comprehensive, practice-based manual for elder law attorneys. The book is useful for new attorneys, elder law attorneys looking to expand services, and attorneys breaking into the elder law field.


Nursing Facility Coverage Under Medicare, Edward Dale, Cheryldiane Feuerman Aug 2012

Nursing Facility Coverage Under Medicare, Edward Dale, Cheryldiane Feuerman

Marquette Elder's Advisor

Many beneficiaries believe that Medicare provides substantial coverage for nursing home care. The coverage actually available is of short duration, incomplete, and riddled with limitations. This article discusses the various requirements to receive Medicare benefits for skilled nursing facility admissions, and it also discusses the appeals process for denied benefit claims.


Growth And Development Of The Assisted Industry, William F. Lasky Aug 2012

Growth And Development Of The Assisted Industry, William F. Lasky

Marquette Elder's Advisor

The U.S. General Accounting Office issued a report on quality of care and consumer protection issues in assisted living residences. This article presents an excerpt of William F. Lasky's testimony, on behalf of the Assisted Living Federation of America, at the Senate Special Committee on Aging hearing that addressed this report.


Cognitive Dysfunction, Medications, And Legal Issues, Antoinette Harrison Aug 2012

Cognitive Dysfunction, Medications, And Legal Issues, Antoinette Harrison

Marquette Elder's Advisor

Clients having difficulty reading or understanding legal documents may be experiencing the side effects of medications. The author argues that the most common causes of reversible dementia are medications, often resulting from self-medication by the older individual with over-the-counter medicines. This article discusses some common drugs and their side effects on cognitive functions.


Realizing The Right To Counsel In Guardianship: Dispelling Guardianship Myths, Patricia M. Cavey Aug 2012

Realizing The Right To Counsel In Guardianship: Dispelling Guardianship Myths, Patricia M. Cavey

Marquette Elder's Advisor

Criminal defendants have basic rights and proper defense counsel, but guardianship defendants often are denied these same rights. The author discusses five myths commonly held by attorneys and judges who deal with guardianship cases. The article offers suggestions to potential guardianship defendants for preserving their rights and protecting their interests.


Elder Law Incapacity Planning, Cynthia L. Barrett Aug 2012

Elder Law Incapacity Planning, Cynthia L. Barrett

Marquette Elder's Advisor

As part of any complete estate-planning practice, attorneys should draft language that covers the ramifications of client's incapacity. This article offers practice tip to assist elder law attorneys to develop sophisticated incapacity planning language. The article covers topics including durable powers of attorney, guardianship anticipation documents, testamentary trusts for disabled children, and incapacity determination methods.


Retirees Can Benefit From Roth Iras, Sara Buscher Aug 2012

Retirees Can Benefit From Roth Iras, Sara Buscher

Marquette Elder's Advisor

Contrary to past beliefs, Roth IRAs can benefit retirees. This article discusses retirement planning for individuals of retirement age. This article also discusses how Roth IRA conversions can optimize retirement income, strengthen estates, and reducing tax liabilities.


Table Of Contents Aug 2012

Table Of Contents

Marquette Elder's Advisor

No abstract provided.


Hospital Coverage Under Medicare, Edward Dale, Cheryldiane Feuerman, Tina Georgiades Aug 2012

Hospital Coverage Under Medicare, Edward Dale, Cheryldiane Feuerman, Tina Georgiades

Marquette Elder's Advisor

While Medicare appears to afford generous coverage for hospital care, statutory limitations and changes in medical practice often make access to coverage problematic. The difficulties that Medicare beneficiaries face when receiving coverage for inpatient hospital care are discussed in this article.


Informed Consent For Electroconvulsive Therapy, Richard E. Finlayson Aug 2012

Informed Consent For Electroconvulsive Therapy, Richard E. Finlayson

Marquette Elder's Advisor

Despite the controversy surrounding the procedure, electroconvulsive therapy (ECT) remains an effective treatment for certain mental disorders among the elderly. This article introduces certain issues that physicians should consider and deal with effectively to ensure proper treatment and optimal results for patients.


The Qualified Personal Residence Trust: Passing Wealth To The Next Generation At A Reduced Transfer Tax Cost, Barbara Freedman Wand Aug 2012

The Qualified Personal Residence Trust: Passing Wealth To The Next Generation At A Reduced Transfer Tax Cost, Barbara Freedman Wand

Marquette Elder's Advisor

Although the qualified personal residence trust can be effective for transferring substantial wealth to the next generation at a significantly reduced transfer tax cost, the transfer of a personal residence to family members can raise complex family issues. This article examines both the non-tax and tax issues related to the qualified personal residence trust, including qualification requirements under Section 2702 of the Internal Revenue Code.


Protecting The Disabled Individual Through The Use Of A Medicare Set-Aside Trust, Susan G. Haines, John J. Campbell Aug 2012

Protecting The Disabled Individual Through The Use Of A Medicare Set-Aside Trust, Susan G. Haines, John J. Campbell

Marquette Elder's Advisor

In America, plaintiffs in tort settlements receive more benefits, including Medicare benefits, than plaintiffs in worker's compensation cases. A properly established Medicare set-aside trust can guarantee that a disabled worker's Medicare benefits will be available after a worker's compensation settlement. This article discusses the theory behind a Medicare set-aside trust and tips for properly using it.


Disclaimer And Elective Share In The Medicaid Context, Cynthia L. Barrett Aug 2012

Disclaimer And Elective Share In The Medicaid Context, Cynthia L. Barrett

Marquette Elder's Advisor

Disclaimers of inheritance must be handled with care to ensure that they do not harm the long-term benefits provided by the federal Medicaid program. This article explores recent developments in Medicaid law, some disclaimer situations in practice, and effects of forced elective shares on Medicaid benefits. This article also discusses various means to plan for Medicaid, including the use of a Special-Needs Right-of-Election Trust.


Editorial Views: Choosing And Death, Alison Mcchrystal Barnes Aug 2012

Editorial Views: Choosing And Death, Alison Mcchrystal Barnes

Marquette Elder's Advisor

This article examines whether death can be handled with dignity. By looking at various world views surrounding questions about ending one's life, the author discusses when the benefits may be diminished or futile.