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Articles 1 - 14 of 14

Full-Text Articles in Law

The Alternatives To Guardianship, Andrew P. Brusky Aug 2012

The Alternatives To Guardianship, Andrew P. Brusky

Marquette Elder's Advisor

As guardianship diminished a person's legal rights, alternatives might be considered. This column discusses powers of attorney, living wills, joint and dual signature bank accounts, direct deposit plans, revocable living trusts, and conservatorship.


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.


Guardianship Reform Revisited After 10 Years, Andrew P. Brusky Aug 2012

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.


Elder Law: General Practice With A Niche, Jane Rupprecht Mulcahy Aug 2012

Elder Law: General Practice With A Niche, Jane Rupprecht Mulcahy

Marquette Elder's Advisor

This article provides an overview of elder law practice and the importance of a client centered practice. Developing an elder law practice requires specialized marketing to the growing aging population. The elder law attorney must be knowledgeable in broad areas of law included in that practice. Expertise in property law and health care law are two of the most common areas of law practiced by elder law attorneys.


Issues In Interstate Guardianship, William P. Donaldson Aug 2012

Issues In Interstate Guardianship, William P. Donaldson

Marquette Elder's Advisor

This article focuses on In the Matter of the Guardianship and Protective Placement of Jimmie L. v. Sauk County. The guardian in the case was appointed in one state, but the guardian desired to relocate to another state. The article also explores the use of the Uniform Enforcement of Foreign Judgments Act where issues arise in interstate guardianship.


The Privacy Of Elders, Michael K. Mcchrystal Aug 2012

The Privacy Of Elders, Michael K. Mcchrystal

Marquette Elder's Advisor

Thr right to privacy does not diminish with age. As the author suggests in the article, it becomes important and vulnerable.


Representing The Mentally Impaired Client, James V. Quillinan Aug 2012

Representing The Mentally Impaired Client, James V. Quillinan

Marquette Elder's Advisor

In this series of articles, the author discusses three troublesome guardianship cases from legal and medical perspectives. Statues and forms for practitioners are provided.


A Guardianship Jury Trial Case Study, Steven C. Perlis Aug 2012

A Guardianship Jury Trial Case Study, Steven C. Perlis

Marquette Elder's Advisor

An attorney relates his recent experience with guardianship jury trials. Perils shares his insight gained and explains why the jury system can serve as an effective tool for advocating on behalf of elderly


What Counsel For The Ward Can Learn From Will Contests, Alison Mcchrystal Barnes Aug 2012

What Counsel For The Ward Can Learn From Will Contests, Alison Mcchrystal Barnes

Marquette Elder's Advisor

When courts base their determinations of competency on a preference for family control of assets, the property rights of older people are diminished. For elder law advocates to protect their clients' interest in controlling their own property, it is necessary to move the recognition of the family paradigm in guardianship and will contests beyond mere anecdote


Guardianship As A Cultural System: Reflections On The Illinois Guardianship Reform Project, Morris A. Fred Aug 2012

Guardianship As A Cultural System: Reflections On The Illinois Guardianship Reform Project, Morris A. Fred

Marquette Elder's Advisor

This article discusses the reasons for and the problems encountered in setting up the Illinois Guardianship Reform Project. Investigative newspaper articles detailing widespread abuses aroused public demand for reforms. Fred postulates that a change in attitudes and behaviors in regard to the disabled and aging is necessary to balance the widely differing points of view of the various care-givers and court systems in order to both protect the rights of self-determination and provide necessary care


Creating And Sustaining Interdisciplinary Guardianship Committees, Carolyn L. Dessin, Julia R. Nack, Judge Thomas Swift Jan 2012

Creating And Sustaining Interdisciplinary Guardianship Committees, Carolyn L. Dessin, Julia R. Nack, Judge Thomas Swift

Akron Law Faculty Publications

Over the past two decades, guardians, advocates, and the judiciary have been working at the national level to improve guardianship law and practice. This work was set in motion by a series of more than 200 Associated Press Wire Stories about guardianship abuses that were published in the mid-1980s. Over the next decade, guardians and other interested parties built relationships and established an association dedicated to improving guardianship. In the year 2000, members of the National Guardianship Association (“NGA”) wrote and formally adopted “Standards of Practice” for guardians. In 2001, at the Wingspan Conference held at Stetson University, other national …


Aging In The United States: Rethinking Justice, Equality, And Identity Across The Lifespan, Nancy J. Knauer Jan 2012

Aging In The United States: Rethinking Justice, Equality, And Identity Across The Lifespan, Nancy J. Knauer

Nancy J. Knauer

Our current aging policies and procedures raise profound questions of individual liberty, autonomy, and equality. Guardianship regimes require the state to balance the interests of vulnerable adults with their right to self-determination. The proliferation of age-specific laws designed to protect elders may actually compromise the civil rights of older individuals by denying their autonomy based solely on their age. The regulation of intimacy in long-term care settings infringes on a core liberty interest essential to human dignity. This essay introduces a new body of work that specifically addresses the civil rights aspects of aging. In many ways, aging represents the …


Creating And Sustaining Interdisciplinary Guardianship Committees, Carolyn L. Dessin, Julia R. Nack, Judge Thomas Swift Jan 2012

Creating And Sustaining Interdisciplinary Guardianship Committees, Carolyn L. Dessin, Julia R. Nack, Judge Thomas Swift

Carolyn L. Dessin

Over the past two decades, guardians, advocates, and the judiciary have been working at the national level to improve guardianship law and practice. This work was set in motion by a series of more than 200 Associated Press Wire Stories about guardianship abuses that were published in the mid-1980s. Over the next decade, guardians and other interested parties built relationships and established an association dedicated to improving guardianship. In the year 2000, members of the National Guardianship Association (“NGA”) wrote and formally adopted “Standards of Practice” for guardians. In 2001, at the Wingspan Conference held at Stetson University, other national …


Standards For Health Care Decision-Making: Legal And Practical Considerations, A. Kimberley Dayton Jan 2012

Standards For Health Care Decision-Making: Legal And Practical Considerations, A. Kimberley Dayton

Faculty Scholarship

This Article explores the guardian’s role in making, or assisting the ward to make, health care decisions, and provides an overview of existing standards and tools that offer guidance in this area. Part II outlines briefly the legal decisions and statutory developments assuring patient autonomy in medical treatment, and shows how these legal texts apply to and structure the guardian’s role as health care decision-maker. Part III examines the range of legal and practical approaches to such matters as decision-making standards, determining the ward’s likely treatment preferences, and resolving conflicts between guardians and health care agents appointed by the ward. …