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Full-Text Articles in Law
Guardianship Reform Revisited After 10 Years, Andrew P. Brusky
Guardianship Reform Revisited After 10 Years, Andrew P. Brusky
Marquette Elder's Advisor
Over the past ten years, many states have revised their guardianship laws to address such problems as due process inadequacies, ineffective monitoring of guardians, and reliance on medical conclusions to determine legal findings. Brusky discusses the changes in guardianship law and legislative changes accommodating durable powers of attorney, living wills, and other medical declarations that provide an alternative to traditional guardianships.
When A Person Wants To Die: Legal Considerations, Charles F. Mckhann
When A Person Wants To Die: Legal Considerations, Charles F. Mckhann
Marquette Elder's Advisor
Individuals throughout the nation are examining their personal options to determine end-of-life decisions. This article examines the medical reasons why people may want to die, the legal background and current status of existing laws, the various options open to the terminally ill person (voluntary dehydration, suicide, assisted dying, euthanasia, and the double effect), and the role of the legal counselor.
Naela Advocacy Seeks To Influence Public Policy, Emily Starr, Ron Fatoullah
Naela Advocacy Seeks To Influence Public Policy, Emily Starr, Ron Fatoullah
Marquette Elder's Advisor
The National Academy of Elder Law Attorneys is an organization with an agenda. This advocacy group works to improve legislation affecting its professionals and their clients.
Legislating Access To Adult Wards: Examining The Need To Narrow An Adult Ward's World, Melanie S. Mcneil
Legislating Access To Adult Wards: Examining The Need To Narrow An Adult Ward's World, Melanie S. Mcneil
Marquette Elder's Advisor
This article looks at recent legislation that has addressed access to adult wards.
Grandparent Visitation Legislation: The Controversy Didn't Begin Or End With Troxel V. Granville, Randall E. Doyle
Grandparent Visitation Legislation: The Controversy Didn't Begin Or End With Troxel V. Granville, Randall E. Doyle
Marquette Elder's Advisor
The Supreme Court case Troxel v. Granville assured the states the definitive say in grandparents' visitation rights. It also endorsed the traditional right of the parent or parents to decide who their children visit. What paths will the state courts take? This article reviews state statues and decisions for the winning arguments that might influence courts in the future.
Defined Contribution Health Plans: Ready Or Not, Here They Come, Caryn Cucuta
Defined Contribution Health Plans: Ready Or Not, Here They Come, Caryn Cucuta
Marquette Elder's Advisor
Defined contribution health coverage has been discussed for a number of years no response from the market. Now however, it looks as though employers may be ready to make the move to such plans. This article discusses the market and legislative influences that are making this switch more attractive to employers, and outlines various defined contribution plan models.
Grandparents' Visitation Rights: A Survey Of Reciprocal Kinship-Ties Based In Historical Common Law And Legislative Policies, Jane E. Atkinson
Grandparents' Visitation Rights: A Survey Of Reciprocal Kinship-Ties Based In Historical Common Law And Legislative Policies, Jane E. Atkinson
Marquette Elder's Advisor
This article presents an in-depth exploration of the view that family ties and relationships should play an important role in determining grandparent-grandchild visitation rights, based on the important role of the extended family throughout recorded history. Atkinson postulates that post-Troxel visitation decisions should include increased consideration of the value to the child of grandparent visitation.