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Articles 31 - 60 of 389
Full-Text Articles in Law
Negligence Liability's Role In Changing Pharmacotherapy Responsibilities, Andrew F. Spillane
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
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
The Medico-Legal Aspects Of Dementia-Driven Sexual Abuse In Nursing Homes, Lisa Tripp
Marquette Elder's Advisor
No abstract provided.
Funding Stem Cell Research: The Covergence Of Science, Religion & Politics In The Formation Of Public Health Policy, Edward A. Fallone
Funding Stem Cell Research: The Covergence Of Science, Religion & Politics In The Formation Of Public Health Policy, Edward A. Fallone
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
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.
Book Review: Senior Living Communities, Jane Mulcahy
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
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 Adea, Your Partner, And You
The Adea, Your Partner, And You
Marquette Elder's Advisor
The Age Discrimination in Employment Act (ADEA) applies to lawyers and law firms, and older lawyers may have a cause for action after termination. This column highlights the pitfalls a law firm faces in terminating older lawyers, or lawyers who are physically or mentally impaired.
The Future Of Medicare: Preserving A Structurally Sound Program For Tomorrow, Alfred J. Chiplin Jr., Brian W. Lindberg
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.
The Alternatives To Guardianship, Andrew P. Brusky
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.
Legal Research Tools: In Search Of The Best Format, Robin C. Schard
Legal Research Tools: In Search Of The Best Format, Robin C. Schard
Marquette Elder's Advisor
As newer technologies are available for legal research, deciding which research aid will be most effective has grown more complex. Items to consider are cost, updating, mechanical requirements, and finding aids. Schard suggests testing a new system before making a final commitment.
Cognition: The Basis For Competency, Richard E. Finlayson
Cognition: The Basis For Competency, Richard E. Finlayson
Marquette Elder's Advisor
This column investigates different levels and types of cognitive impairment in later life and explains causes and reversibility/irreversibility of different types of dementia, and whether clinical conditions are likely to be recognized by the law as indications of competence.
Naming A Trust As The Beneficiary Of A Qualified Retirement Plan Or Ira, Barbara Freedman Wand
Naming A Trust As The Beneficiary Of A Qualified Retirement Plan Or Ira, Barbara Freedman Wand
Marquette Elder's Advisor
In this column Wand explores the advantages and disadvantages of naming a trust as a retirement plan beneficiary. Reasons such as investment management, spendthrift concerns, and second marriages are discussed, as well as the possible loss of tax advantages that might occur. Particular strategies for overcoming obstacles and fulfilling a multitude of requirements are explored.
An Ethics Problem Involving Financial Abuse, Michael K. Mcchrystal
An Ethics Problem Involving Financial Abuse, Michael K. Mcchrystal
Marquette Elder's Advisor
This column, which analyzes a particular guardianship situation, illustrates the legal pitfalls created when an attorney, at the outset of establishing a guardianship, does not identify who is the client. When an adult child consults an attorney to establish a guardianship for an elderly parent, what obligations, both positive and negative, are imposed on the attorney to prevent harm to a former client.
Use Joint Tenancy Only With Extreme Caution, Sandra Sickler
Use Joint Tenancy Only With Extreme Caution, Sandra Sickler
Marquette Elder's Advisor
While joint tenancy can provide significant advantages, it can also have unintended consequences. Assets can be exposed to the joint owner's creditors, estate taxes may increase, and income tax advantages might be lost. Other forms of joint ownership, such as tenants in common or community property, may be more appropriate in specific situations.
The Adea At The Top Of The Food Chain: Who's Protecting The Higher-Salaried Employees?, Grant T. Moher
The Adea At The Top Of The Food Chain: Who's Protecting The Higher-Salaried Employees?, Grant T. Moher
Marquette Elder's Advisor
After the ruling in Hazen Paper, older workers who are terminated will have a more difficult burden proving their termination was based on age. Previously used disparate impact and disparate treatment theories will be more difficult to utilize, and employers may be allowed wider use of factors other that age as reasons for termination, without the fear that these factors will be considered age proxies.
Guardianship Mediation, Janice Grant
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
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
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
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.
From The Editor, Barnes
Book Review: Representing The Elderly Client: Law And Practice, Jane M.R. Mulcahy
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
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
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
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
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.