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Elder Law

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2012

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Articles 31 - 60 of 396

Full-Text Articles in Law

Guardianship Mediation, Janice Grant Aug 2012

Guardianship Mediation, Janice Grant

Marquette Elder's Advisor

Court guardianship proceedings are designed to determine the need for a guardian. Mediation may be used to rather substitute voluntary services by allowing interested parties to offer suggestions for appropriate care. Grant discusses which cases may be appropriate or inappropriate for mediation and outlines a suggested mediation process. The advantages of maintaining greater autonomy and independence for the elderly are elaborated.


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.


Board Of Advisors Aug 2012

Board Of Advisors

Marquette Elder's Advisor

No abstract provided.


From The Editor, Barnes Aug 2012

From The Editor, Barnes

Marquette Elder's Advisor

No abstract provided.


Table Of Contents Aug 2012

Table Of Contents

Marquette Elder's Advisor

No abstract provided.


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.


Alcoholism In Late Life: Some Issues, Richard E. Finlayson Aug 2012

Alcoholism In Late Life: Some Issues, Richard E. Finlayson

Marquette Elder's Advisor

Alcoholism is a significant problem among the elderly. An undiagnosed, untreated older person may be mistaken as suffering from dementia. This article discusses problems in diagnosing elderly alcoholism, society's response to treatment of elderly alcoholics, and a comparison of early and late onset alcoholism in the elderly.


Assisted Living Resources On The Web, Robin C. Schard Aug 2012

Assisted Living Resources On The Web, Robin C. Schard

Marquette Elder's Advisor

This article focuses on locating online resources for information about assisted living. The article provides website addresses for legal, industry, and consumer information.


First Bipartisan Medicare Reform Bill, John Breaux Aug 2012

First Bipartisan Medicare Reform Bill, John Breaux

Marquette Elder's Advisor

The proposed Breaux-Frist plan will establish a Competitive Premium System that offers integrated health care benefits and prescription drug coverage while maintaining Medicare entitlement. This article provides an overview of the proposed legislation.


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.


Transferring Wealth With The Grantor Retained Annuity Trust: Gratifying Results At Low Cost, Barbara Freedman Wand Aug 2012

Transferring Wealth With The Grantor Retained Annuity Trust: Gratifying Results At Low Cost, Barbara Freedman Wand

Marquette Elder's Advisor

By using a Grantor Retained Annuity Trust (GRAT), a client can transfer significantly appreciating assets to family members at a reduced transfer tax cost. This article discusses strategies for maximizing the effectiveness of a GRAT.


Senior Housing Advertising: Sending The Right Message Under The Fhaa, Victoria M. De Lisle, Robert W. Mouton Aug 2012

Senior Housing Advertising: Sending The Right Message Under The Fhaa, Victoria M. De Lisle, Robert W. Mouton

Marquette Elder's Advisor

The Fair Housing Amendments Act prohibits discrimination in housing advertisements. This article suggests some strategies to avoid potential violations of the FHAA. The article concludes that it is relatively easy to comply with the FHAA, and it suggests internal procedures to reduce the risk of an advertising discrimination claim.


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.


Defects, Due Process, And Protective Proceedings, Susan G. Haines, John J. Campbell Aug 2012

Defects, Due Process, And Protective Proceedings, Susan G. Haines, John J. Campbell

Marquette Elder's Advisor

This article discusses whether the requirements of due process in protective proceedings be any lower that those in criminal, juvenile, or civil commitment cases. The authors argue that the requirements should not be lower. The article discusses the application of Mathews v. Eldridge to due process analysis in guardianship and conservatorship proceedings.


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.


From The Editor, Alison Mcchrystal Barnes Aug 2012

From The Editor, Alison Mcchrystal Barnes

Marquette Elder's Advisor

No abstract provided.


Table Of Contents Aug 2012

Table Of Contents

Marquette Elder's Advisor

No abstract provided.


E-Ethics, Michael K. Mcchrystal Aug 2012

E-Ethics, Michael K. Mcchrystal

Marquette Elder's Advisor

The fit between laws regulating professional ethics and the means of conducting business, particularly telecommunications and computer technology, has become tenuous. Here, McChrystal examines recent legal decisions concerning electronic transmission of information and discusses the impact of Internet messages and e-mail on attorney-client privilege.


Book Review: Public And Private Responsibilities In Long-Term Care: Finding The Balance, Jane Rupprecht Mulcahy Aug 2012

Book Review: Public And Private Responsibilities In Long-Term Care: Finding The Balance, Jane Rupprecht Mulcahy

Marquette Elder's Advisor

This book is a collection of perspectives that can assist the elder law attorney in making informed decisions about the financing of long-term care. The book frames the issue in the context of the symbiotic relationship between social theory and policy and the existing long-term care construct, and it argues that the boundaries between public and private financial responsibility have blurred.


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.


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.


Elder Law-Related Organizations On The Internet, Robin C. Schard Aug 2012

Elder Law-Related Organizations On The Internet, Robin C. Schard

Marquette Elder's Advisor

Almost all organizations now maintain Web sites, which enable them to increase their membership and provide current information about the groups to members, prospective members, and the public. This article explores how to navigate these sites and introduces some of the best sites related to elder law information.


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.