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Articles 1 - 30 of 360

Full-Text Articles in Law

The Americans With Disabilities Act, Mental Illness,And Medication: A Historical Perspective And Hope For The Future, Jennifer M. Jackson Oct 2012

The Americans With Disabilities Act, Mental Illness,And Medication: A Historical Perspective And Hope For The Future, Jennifer M. Jackson

Marquette Elder's Advisor

No abstract provided.


Obstacles Faced By The Elderly Veteran, Craig M. Kabatchnick Oct 2012

Obstacles Faced By The Elderly Veteran, Craig M. Kabatchnick

Marquette Elder's Advisor

No abstract provided.


The Responsible Patient: The Senior's Obligation To Conserve Medical Resources, Jeffrey B. Hammond Oct 2012

The Responsible Patient: The Senior's Obligation To Conserve Medical Resources, Jeffrey B. Hammond

Marquette Elder's Advisor

No abstract provided.


Overutilization And Underutilization Of Preventive Services In Elderly Populations, A Conundrum , Freeman L. Farrow Md, Jd Oct 2012

Overutilization And Underutilization Of Preventive Services In Elderly Populations, A Conundrum , Freeman L. Farrow Md, Jd

Marquette Elder's Advisor

No abstract provided.


Variables Of Health Reform And Their Impacts On The Elderly, John D. Blum Oct 2012

Variables Of Health Reform And Their Impacts On The Elderly, John D. Blum

Marquette Elder's Advisor

No abstract provided.


The Economics Of Prevention And Medicare: The Challenge, Potential Solutions And Current Results, Adam Atherly Ph.D., Zhou Yang Oct 2012

The Economics Of Prevention And Medicare: The Challenge, Potential Solutions And Current Results, Adam Atherly Ph.D., Zhou Yang

Marquette Elder's Advisor

No abstract provided.


Chronic Care And Prevention: Evolution In Practice And Finance, John V. Jacobi Oct 2012

Chronic Care And Prevention: Evolution In Practice And Finance, John V. Jacobi

Marquette Elder's Advisor

No abstract provided.


Prevention Paradigms, Over-Diagnosis And Treatment, And Mad Men, Alison Barnes Oct 2012

Prevention Paradigms, Over-Diagnosis And Treatment, And Mad Men, Alison Barnes

Marquette Elder's Advisor

No abstract provided.


Table Of Contents Oct 2012

Table Of Contents

Marquette Elder's Advisor

No abstract provided.


Negligence Liability's Role In Changing Pharmacotherapy Responsibilities, Andrew F. Spillane Oct 2012

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 Oct 2012

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 Oct 2012

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 Oct 2012

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 Oct 2012

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.


Table Of Contents Oct 2012

Table Of Contents

Marquette Elder's Advisor

No abstract provided.


Book Review: Senior Living Communities, Jane Mulcahy Aug 2012

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 Aug 2012

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 Aug 2012

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 Aug 2012

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 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.


Legal Research Tools: In Search Of The Best Format, Robin C. Schard Aug 2012

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 Aug 2012

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 Aug 2012

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 Aug 2012

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 Aug 2012

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 Aug 2012

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 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.