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Full-Text Articles in Law
Editorial Views: Choosing And Death, Alison Mcchrystal Barnes
Editorial Views: Choosing And Death, Alison Mcchrystal Barnes
Marquette Elder's Advisor
This article examines whether death can be handled with dignity. By looking at various world views surrounding questions about ending one's life, the author discusses when the benefits may be diminished or futile.
Make Sure Your Estate Plan Includes The Finale!, Patricia A. Elder
Make Sure Your Estate Plan Includes The Finale!, Patricia A. Elder
Marquette Elder's Advisor
This article explores the need to plan and prepare for the costs and arrangements associated with a funeral. Preplanning and pre-funding a funeral relieves an individual's survivors of a number of responsibilities during a difficult time period. Preparing for one's own funeral can also relieve an individual's concerns by allowing the individual to feel that everything is taken care of
A Natural Right To Die: Twenty-Three Centuries Of Debate, Beth Eisendrath
A Natural Right To Die: Twenty-Three Centuries Of Debate, Beth Eisendrath
Marquette Elder's Advisor
No abstract provided.
Post-Mortem Ira Planning For The Surviving Spouse, Greg Reymann
Post-Mortem Ira Planning For The Surviving Spouse, Greg Reymann
Marquette Elder's Advisor
In 2002, the IRS issued simplified regulations governing required minimum distributions (RMDs) for IRAs. The new rules make elections at the time of one's required beginning date obsolete, and shift the deadline for many of the planning options to a specified date following the IRA owner's death. This article discusses those planning options faced by the surviving spouse.
Guardianship Actions Against Individuals Who Have Selected An Agent As Power Of Attorney: When Should The Court Say "No?", Linda S. Ershow-Levenberg
Guardianship Actions Against Individuals Who Have Selected An Agent As Power Of Attorney: When Should The Court Say "No?", Linda S. Ershow-Levenberg
Marquette Elder's Advisor
This article discusses the need for guardianship for presumably incapacitated individuals who already have designated someone to have their power of attorney or to be their healthcare representative. Noting that the privacy and liberty of an individual will be affected by appointing a guardian, the author proposes that guardians not be unnecessarily appointed when currently in-place representatives already fulfill needed services.
Basis In Inheritance After Egtrra, Sharon Kovacs Gruer
Basis In Inheritance After Egtrra, Sharon Kovacs Gruer
Marquette Elder's Advisor
This final section elaborates on establishing carryover basis in situations involving inheritances, focusing on changes established under EGTRRA (the Economic Growth and Tax Relief Reconciliation Act of 2001). Included are discussions of operating loss carryover, unused built-in losses, qualified spousal property, and property transferred prior to or after death. Marital planning, including QTIP trusts and allocation of basis issues, are explored.
St. Ritas And Lost Causes: Improving Nursing Home Emergency Preparedness , Robert A. Mead
St. Ritas And Lost Causes: Improving Nursing Home Emergency Preparedness , Robert A. Mead
Marquette Elder's Advisor
This timely article explores the legally required emergency preparedness (or lack of it) at St. Rita's Nursing Home in Louisiana during Hurricane Katrina in 2005 when residents were not evacuated as was mandated. The operators were charged with thirty-four counts of negligent homicide. Issues studied include the dangers of evacuating versus not evacuating, varying emergency preparedness regulations and their enforcement, and the failure of legislatures to strengthen such regulations
The Death Of The State Death Tax Credit: Can It Be Resuscitated?, Patrick R. Thiessen
The Death Of The State Death Tax Credit: Can It Be Resuscitated?, Patrick R. Thiessen
Marquette Elder's Advisor
This article provides an overview of the Economic Growth and Tax Relief Reconciliation Act of 2001's (EGTRRA's) estate tax reforms and how they have impacted the states. Additionally, this article examines the lessons that might be learned from the history of the state death tax credit, how the states developed their state estate taxation schemes based on the state death tax credit, the congressional decision to repeal the state death tax credit and the states' limited responses, two states' differing responses to EGTRRA, and the study of the possible impact of the evolving state estate taxation landscape on wealthy retirees …
"Death With Dignity": A Recipe For Elder Abuse And Homicide (Albeit Not By Name), Margaret K. Dore
"Death With Dignity": A Recipe For Elder Abuse And Homicide (Albeit Not By Name), Margaret K. Dore
Marquette Elder's Advisor
Death with Dignity Acts in Oregon and Washington authorize physicians to write life-ending prescriptions for their patients. This article addresses various problems with the Acts, including the wording about who may administer the lethal drug and the fact that both Acts lack a consent requirement when the lethal dose is administered. This article also addresses counter arguments offered by proponents of the Acts.