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Full-Text Articles in Law
Innocence, Negligence, And Common Sense: Tort Liability Of Mentally Impaired Persons, William P. Donaldson
Innocence, Negligence, And Common Sense: Tort Liability Of Mentally Impaired Persons, William P. Donaldson
Marquette Elder's Advisor
Recent case law has dictated changes in the treatment of tort cases involving mentally impaired citizens. This study illuminates the developing exceptions to liability with regard to properly trained professional caregivers.
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.
Unraveling The Uncertainties Of Alzheimer's Disease: Internet Resources For Attorneys And Clients, Kathryn Henisak
Unraveling The Uncertainties Of Alzheimer's Disease: Internet Resources For Attorneys And Clients, Kathryn Henisak
Marquette Elder's Advisor
Alzheimer's is a deadly mysterious disease that affects millions of people. At this time, there is no known cure. This article discusses some helpful Internet resources for information on Alzheimer's symptoms and possible treatments.
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
Elder-Caregiver: An Alarming Past, An Uncertain Future, Judith B. Rappaport
Elder-Caregiver: An Alarming Past, An Uncertain Future, Judith B. Rappaport
Marquette Elder's Advisor
Increased life expectancy is exacerbating the financial, physical, and emotional pressures on family members struggling to care for elderly parents. Elder law professional have a unique opportunity to positively impact this situation by educating themselves and their staffs to the family caregiver's needs. This article identifies those needs and recommends expanded services to help meet them.
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.
Grandparent Kinship Caregivers, Anna Leonard
Grandparent Kinship Caregivers, Anna Leonard
Marquette Elder's Advisor
With more children having grandparents as their primary caregivers, the informal nature of this relationship in the past is being transformed into a more formalized structure as public financial aid is needed by either the children or their grandparents or both. Leonard explores the difficulties grandparents encounter and the financial ramifications and legal options, including kinship foster care, which must be considered.
Reality Check: The Dra's Impact On Seniors With Disabilities And Their Caregivers , Kim Dayton
Reality Check: The Dra's Impact On Seniors With Disabilities And Their Caregivers , Kim Dayton
Marquette Elder's Advisor
This article discusses the hardships on seniors with disabilities who are unable to qualify for Medicaid under the Deficit Reduction Act of 2005. The author argues for the repeal of the DRA and calls for policymakers and politicians to work towards a long-term care financing scheme that fairly distributes the costs of long term care across the broader population. The author begins by laying out the arguments that the nation cannot afford the cost of long-term care for the elderly and disabled, their entitlement to such care should be minimized, and individuals should plan for their own healthcare. The author …