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Articles 1 - 16 of 16
Full-Text Articles in Law
Activation Measures In Social Security: Lessons From The Dutch Case
Activation Measures In Social Security: Lessons From The Dutch Case
Marquette Benefits and Social Welfare Law Review
Dutch social security has undergone important changes since the 1990s, in that the focus shifted from predominantly compensating the loss of income into giving incentives for claimants and benefits recipients to stay in or get back to work. While still providing a relatively high level of benefit if there is no chance to work (to the full extent), the legislature has been quite creative in adopting conditions that stimulate persons to do their best to be in work. For this purpose, this is interesting for an American audience, since the USA system is far less generous out of fear that …
Reconfiguring Social Security For The 21st Century, Susan A. Channick
Reconfiguring Social Security For The 21st Century, Susan A. Channick
Susan A. Channick
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 Home: Where Our Heart Resides, David M. English
The Home: Where Our Heart Resides, David M. English
Faculty Publications
Helping a client maximize the use of his or her home for these purposes is no simple task. It requires knowledge of options and resources across many domains. But stepping back and taking a broader look at these strategic opportunities and pitfalls is useful in appreciating the knowledge and skill set needed to competently counsel and represent aging clients. This article looks first at a variety of consumer protection issues, examines the interrelationship between the home and a variety of government benefits, and concludes with a discussion of technology that may enable an elderly person to remain in the place …
Hospital Coverage Under Medicare, Edward Dale, Cheryldiane Feuerman, Tina Georgiades
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.
Reconfiguring Social Security For The 21st Century, Susan A. Channick
Reconfiguring Social Security For The 21st Century, Susan A. Channick
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 Medicare Managed Care Choice
The Medicare Managed Care Choice
Marquette Elder's Advisor
Medicare managed care still has problems and careful evaluation is critical when choosing a program. Government attempts at providing information have created further confusion and drawn criticism from the professionals. This overview highlights some of the most important issues.
The Use Of Special Needs Trusts In The Settlement Of Personal Injury Cases, Roger M. Bernstein, Margrit S. Bernstein
The Use Of Special Needs Trusts In The Settlement Of Personal Injury Cases, Roger M. Bernstein, Margrit S. Bernstein
Marquette Elder's Advisor
This article explores the ins and outs of special needs trusts, which can offer your client improved protection against the loss of public benefits. These narrowly defined, specific trusts can help to avoid disqualification from Medicaid.
From The Editor, Alison Mcchrystal Barnes
From The Editor, Alison Mcchrystal Barnes
Marquette Elder's Advisor
The Editor has utilized this space to identify for the reader the current state of elder law and its continuing evolution. She then introduces the Elder's Advisor and its goals. Professor Barnes then explains the interactive nature of the Elder's Advisor and invites readers to participate.
Special Needs Estate Planning-A Family Perspective, Terry L. Toske
Special Needs Estate Planning-A Family Perspective, Terry L. Toske
Marquette Elder's Advisor
Toske illustrates the need for early estate planning involving the entire family when a developmental disability affects a family member. The importance of maintaining eligibility for government programs is stressed, as well as the benefits of the planning to all concerned. Two case studies are used for illustration. A what do I do now? list is included.
Guardians And Wills: "Substituted Judgment" In Estate Planning Deserves Another Look, Edward A. Shipe
Guardians And Wills: "Substituted Judgment" In Estate Planning Deserves Another Look, Edward A. Shipe
Marquette Elder's Advisor
In some circumstances, a guardian is faced with estate planning documents that may not reflect the ward's true intentions. In many states, the guardian has no option to alter or change those documents. The author asserts that in some circumstances, a guardian should have the authority to change a ward's estate plan.
The Property Tax Relief For The Elderly: A Survey Of The Nation, Katie Babe
The Property Tax Relief For The Elderly: A Survey Of The Nation, Katie Babe
Marquette Elder's Advisor
This article investigates various methods that states have employed to provide property tax relief to their senior citizens and evaluates their effectiveness. The pros and cons of homestead exemptions, different credit and rebate programs, deferral programs, property tax freezes, reverse mortgages, and other programs are explored. Twenty-two pages of comparative charts are included for comparison purposes.
Veteran's "Pension": Non-Service Connected Veteran's Benefits For The Elderly And Disabled, Alice Reiter Feld
Veteran's "Pension": Non-Service Connected Veteran's Benefits For The Elderly And Disabled, Alice Reiter Feld
Marquette Elder's Advisor
Veteran's benefits can be service connected or non-service connected. A non-service connected benefit available to certain war-time veterans or their dependents is an improved pension for those disabled and in financial need. This article delves into service requirements, disability requirements, net worth requirements, and income requirements, and gives several examples to determine if funding would be available for non-covered expenses, such as long-term care.
Tax Planning For Retirement , Vada Waters Lindsey
Tax Planning For Retirement , Vada Waters Lindsey
Marquette Elder's Advisor
As increasing life expectancy and inflation diminish the purchasing power of retirement savings, careful tax planning to maximize funds available to seniors is necessary. Lindsey discusses the taxation of various types of retirement income including traditional and Roth IRAs and Social Security benefits, and explains how careful planning can reduce income and estate taxes. The disparate effects of state income and estate taxes are also explored.
The Elderly With A Disability: Social Security And Representative Payment, Michael J. Churgin
The Elderly With A Disability: Social Security And Representative Payment, Michael J. Churgin
Marquette Elder's Advisor
This article looks at the elderly with disability and how the intersection of social security.
Privatizing Social Security, Jerry W. Markham
Privatizing Social Security, Jerry W. Markham
Faculty Publications
The 2000 presidential election focused attention on an idea that has been surfacing for some time--the privatization of Social Security. Although opposition remains fierce, proposals for privatization have been gradually gaining acceptance as the inadequacy of benefits from the present system become more apparent, and bankruptcy becomes certain in the absence of additional onerous funding. Resistance to privatization largely centers on concerns that existing participants will lose their contributions and that private accounts may result in investment losses, which would leave future pensioners penniless. The disability and survivor benefits of the present Social Security system also raise concerns for the …
Variable Annuities, Variable Insurance And Separate Accounts, Tamar Frankel
Variable Annuities, Variable Insurance And Separate Accounts, Tamar Frankel
Faculty Scholarship
The variable annuity is a novel retirement plan. It was devised to minimize the inadequacies of a fixed-dollar annuity as a retirement device. Inflation and an accelerating standard of living have left persons receiving fixed-dollar annuities with only a fraction of the income required to meet their needs.