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Full-Text Articles in Law
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.
Realizing The Right To Counsel In Guardianship: Dispelling Guardianship Myths, Patricia M. Cavey
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
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
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
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
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
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
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
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
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