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2012

Marquette Elder's Advisor

Elder Law

Legislation

Articles 1 - 7 of 7

Full-Text Articles in Law

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.


When A Person Wants To Die: Legal Considerations, Charles F. Mckhann Aug 2012

When A Person Wants To Die: Legal Considerations, Charles F. Mckhann

Marquette Elder's Advisor

Individuals throughout the nation are examining their personal options to determine end-of-life decisions. This article examines the medical reasons why people may want to die, the legal background and current status of existing laws, the various options open to the terminally ill person (voluntary dehydration, suicide, assisted dying, euthanasia, and the double effect), and the role of the legal counselor.


Naela Advocacy Seeks To Influence Public Policy, Emily Starr, Ron Fatoullah Aug 2012

Naela Advocacy Seeks To Influence Public Policy, Emily Starr, Ron Fatoullah

Marquette Elder's Advisor

The National Academy of Elder Law Attorneys is an organization with an agenda. This advocacy group works to improve legislation affecting its professionals and their clients.


Legislating Access To Adult Wards: Examining The Need To Narrow An Adult Ward's World, Melanie S. Mcneil Aug 2012

Legislating Access To Adult Wards: Examining The Need To Narrow An Adult Ward's World, Melanie S. Mcneil

Marquette Elder's Advisor

This article looks at recent legislation that has addressed access to adult wards.


Grandparent Visitation Legislation: The Controversy Didn't Begin Or End With Troxel V. Granville, Randall E. Doyle Aug 2012

Grandparent Visitation Legislation: The Controversy Didn't Begin Or End With Troxel V. Granville, Randall E. Doyle

Marquette Elder's Advisor

The Supreme Court case Troxel v. Granville assured the states the definitive say in grandparents' visitation rights. It also endorsed the traditional right of the parent or parents to decide who their children visit. What paths will the state courts take? This article reviews state statues and decisions for the winning arguments that might influence courts in the future.


Defined Contribution Health Plans: Ready Or Not, Here They Come, Caryn Cucuta Aug 2012

Defined Contribution Health Plans: Ready Or Not, Here They Come, Caryn Cucuta

Marquette Elder's Advisor

Defined contribution health coverage has been discussed for a number of years no response from the market. Now however, it looks as though employers may be ready to make the move to such plans. This article discusses the market and legislative influences that are making this switch more attractive to employers, and outlines various defined contribution plan models.


Grandparents' Visitation Rights: A Survey Of Reciprocal Kinship-Ties Based In Historical Common Law And Legislative Policies, Jane E. Atkinson Aug 2012

Grandparents' Visitation Rights: A Survey Of Reciprocal Kinship-Ties Based In Historical Common Law And Legislative Policies, Jane E. Atkinson

Marquette Elder's Advisor

This article presents an in-depth exploration of the view that family ties and relationships should play an important role in determining grandparent-grandchild visitation rights, based on the important role of the extended family throughout recorded history. Atkinson postulates that post-Troxel visitation decisions should include increased consideration of the value to the child of grandparent visitation.