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Full-Text Articles in Law
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.
Growth And Development Of The Assisted Industry, William F. Lasky
Growth And Development Of The Assisted Industry, William F. Lasky
Marquette Elder's Advisor
The U.S. General Accounting Office issued a report on quality of care and consumer protection issues in assisted living residences. This article presents an excerpt of William F. Lasky's testimony, on behalf of the Assisted Living Federation of America, at the Senate Special Committee on Aging hearing that addressed this report.
The One-Stop Shop: Beyond Estate Planning, Ann M. Devine
The One-Stop Shop: Beyond Estate Planning, Ann M. Devine
Marquette Elder's Advisor
An investigation of the special needs of the elderly looks to expand the current practice of conventional estate planning beyond the creation of trusts and wills into an innovative business providing holistic life plans and services to address all the needs of aging.
Physical Restraint Use In Acute Care Hospitals: Legal Liability Issues, Marshall B. Kapp
Physical Restraint Use In Acute Care Hospitals: Legal Liability Issues, Marshall B. Kapp
Marquette Elder's Advisor
This article begins by explaining what physical restraints are. The author then explains that the elderly are the most likely group to be restrained in hospitals. He goes on to discuss the evolution of regulations controlling the use of such restraints. Changes in standards of care, customary practice, informed consent, and assumption of risk dynamics are explained. The article concludes by explaining that health care providers and facilities can limit their tort liability exposure through creative processes that include regulatory compliance, voluntary accreditation, and individualized assessment and care.
Assuring Quality Long-Term Care In America, Thomas D. Begley Jr., Jo-Anne Herina Jeffreys
Assuring Quality Long-Term Care In America, Thomas D. Begley Jr., Jo-Anne Herina Jeffreys
Marquette Elder's Advisor
Ninety percent of the 76 million baby boomers will be retired by the year 2030, and many will eventually need a continuum of care. The authors suggest that financing such care is primarily a middle-class problem, and suggest that making long-term care coverage both mandatory and universal, such as through a government program, may be the best way to spread the risk.
The Changing Face Of Seniors: Ethnic Diversity In The Aging Baby Boom Population, Clayton Fong
The Changing Face Of Seniors: Ethnic Diversity In The Aging Baby Boom Population, Clayton Fong
Marquette Elder's Advisor
Asian/Pacific elders present unique issues in professional services, including language barriers, family loyalties and diversity of cultural backgrounds. This article sketches a profile of this growing population
The Positive Impact Of Caregiver Support Groups On Adult Children Of Aging Parents, Susan Beerman
The Positive Impact Of Caregiver Support Groups On Adult Children Of Aging Parents, Susan Beerman
Marquette Elder's Advisor
Adult children of aging parents often suffer from a multitude of problems, which they endure quietly and alone. This article describes how five such caregivers formed a support group and derived invaluable help in coping
Affordability: What It Means For Aging People And Some Ways To Achieve It, Jim Moore
Affordability: What It Means For Aging People And Some Ways To Achieve It, Jim Moore
Marquette Elder's Advisor
Assisted living is an attractive model for many who suffer the frailties of aging. Why? Because services and their costs are limited to those that are actually needed. Yet few communities exists to provide assisted living to elders who are not affluent. Is affordability possible without substantial subsidies? This author says yes - with care and planning.
The Emerging Nexus Of Aging And Diversity: Implications For Public Policy And Entitlement Reform, Fernando Torres-Gil, Karra Bikson Moga
The Emerging Nexus Of Aging And Diversity: Implications For Public Policy And Entitlement Reform, Fernando Torres-Gil, Karra Bikson Moga
Marquette Elder's Advisor
This article examines the impending nexus of population aging and diversity in the United States. With the dramatic increase of older persons and minority and ethnic groups- particularly Hispanics- the intersection of these trends will have important consequences for all aspects of U.S. society, including public policy, legislation, retirement planning, and economics.
Childhood Obesity, Baby Boomers And The Echo Boom, Elizabeth Conradson Cleary
Childhood Obesity, Baby Boomers And The Echo Boom, Elizabeth Conradson Cleary
Marquette Elder's Advisor
This insightful article joins the problems of increasing childhood obesity with the increase projected in senior citizens of the echo boom generation, and goes on to posit an increased burden on the then sandwich generation. Cleary discusses the increased future need for caregivers, recognizes the role and value of adult children caregivers (especially women), and suggests approaches to address the situation.
Responding To Domestic Abuse In Later Life, Bonnie Brandl, Julie Rozwadowski
Responding To Domestic Abuse In Later Life, Bonnie Brandl, Julie Rozwadowski
Marquette Elder's Advisor
Some forms of elder abuse are really a continuation or increase of earlier abuse and reflect a pattern of coercive tactics to maintain control. The authors go into great detail in recommending the L.A.B.O.R. model. Look for signs, Ask questions, Believe the victim, Offer support, and Refer. Many signs and signals of abuse are given to aid in evaluating seemingly abusive situations.
Continuing Care Retirement Communities Versus The Fair Housing Act: Independent Living And Involuntary Transfer , D. Trey Jordan
Continuing Care Retirement Communities Versus The Fair Housing Act: Independent Living And Involuntary Transfer , D. Trey Jordan
Marquette Elder's Advisor
America's population is aging. The Baby Boomers are beginning to reach retirement age. The number and percentage of seniors is dramatically increasing, and the numbers will explode in 2011, as the Baby Boomers begin to reach age sixty-five. With an aging population, issues including Social Security, health care, Medicaid, and housing must be addressed. This article focuses on the issue of senior citizen housing and the Fair Housing Act (FHA). In particular, this article explores the applications of independent living requirements or active senior clauses in assisted living development housing contracts under the Fair Housing Act.
Fillial Responsibility: A Survey Across Time And Oceans , Andrea Rickles-Jordan
Fillial Responsibility: A Survey Across Time And Oceans , Andrea Rickles-Jordan
Marquette Elder's Advisor
In the United States, Medicare and Medicaid are helping fund the cost of caring for the elderly. However, long before these programs existed, several states enacted statutes requiring children to care for their elderly parents. These filial responsibility statutes still exist in many states today, although their effectiveness and use has been called into question by opponents. To understand the current need for these statutes, this article first looks at the reasons the statutes were created. The article then follows their growth throughout the history of the world and the United States. As further means of comparison, the article examines …
The Role Of Private Responsibility In Closing The Gap Between Knowledge And Practice In Long-Term Care, Marshall B. Kapp
The Role Of Private Responsibility In Closing The Gap Between Knowledge And Practice In Long-Term Care, Marshall B. Kapp
Marquette Elder's Advisor
Kapp discusses the expanding need for long-term care services by looking at the goal put forward by aging policy analyst Dr. Larry Polivak of closing the gap between knowledge and practice in the United States long-term care financing and delivery system. The article first discusses points of agreement between Kapp and Polivak's viewpoints. Kapp then discusses how their viewpoints diverge and puts forth his own policy views about public versus private responsibility as it applies to long-term care.
Old Lawyers, Blue Eyes, And The Medicalization Of Aging, Michael J. Myers
Old Lawyers, Blue Eyes, And The Medicalization Of Aging, Michael J. Myers
Marquette Elder's Advisor
The article examines the "medicalization" of the aging process and the pitfalls of the increased medical care and myths about what constitutes "healthy" later in life. Financial reward and fear of death drive the increasing amount and extensiveness of care for chronic disease encountered in older adults, sometimes to an unnecessary end. The author puts forth the theory that older adults are now part of a weakened generation, rooted in a refusal to "suffer their reality" and ignore the fact that aging is not a disease, that is, not until it is placed under a doctor's care.
Disability And Aging: Historical And Contemporary Challenges, William N. Myhill, Peter Blanck
Disability And Aging: Historical And Contemporary Challenges, William N. Myhill, Peter Blanck
Marquette Elder's Advisor
This article discusses the challenges that elderly with disabilities face in the work place. The article explores the theme historically and today as they impact qualify of life for persons with and aging into disability.