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Full-Text Articles in Law
Guardianship Mediation, Janice Grant
Guardianship Mediation, Janice Grant
Marquette Elder's Advisor
Court guardianship proceedings are designed to determine the need for a guardian. Mediation may be used to rather substitute voluntary services by allowing interested parties to offer suggestions for appropriate care. Grant discusses which cases may be appropriate or inappropriate for mediation and outlines a suggested mediation process. The advantages of maintaining greater autonomy and independence for the elderly are elaborated.
Defects, Due Process, And Protective Proceedings, Susan G. Haines, John J. Campbell
Defects, Due Process, And Protective Proceedings, Susan G. Haines, John J. Campbell
Marquette Elder's Advisor
This article discusses whether the requirements of due process in protective proceedings be any lower that those in criminal, juvenile, or civil commitment cases. The authors argue that the requirements should not be lower. The article discusses the application of Mathews v. Eldridge to due process analysis in guardianship and conservatorship proceedings.
Guardians And Wills: "Substituted Judgment" In Estate Planning Deserves Another Look, Edward A. Shipe
Guardians And Wills: "Substituted Judgment" In Estate Planning Deserves Another Look, Edward A. Shipe
Marquette Elder's Advisor
In some circumstances, a guardian is faced with estate planning documents that may not reflect the ward's true intentions. In many states, the guardian has no option to alter or change those documents. The author asserts that in some circumstances, a guardian should have the authority to change a ward's estate plan.
Rights, Rights And Rights: A Ward's Right To A Hearing, A Guardian's Right To A Standard, And A Heir's Right To Inheritance, Edward A. Shipe
Rights, Rights And Rights: A Ward's Right To A Hearing, A Guardian's Right To A Standard, And A Heir's Right To Inheritance, Edward A. Shipe
Marquette Elder's Advisor
This article discusses a recent guardianship decision from a Florida appellate court that bore close scrutiny regarding due process rights and the right to "Medical Planning."
Court Approval Of Medicaid Spend-Down Planning By Guardians, Linda S. Ershow-Levenberg
Court Approval Of Medicaid Spend-Down Planning By Guardians, Linda S. Ershow-Levenberg
Marquette Elder's Advisor
This article discusses In re Keri, which was decided by the New Jersey Supreme Court in 2004. The topics explored include that a P.O.A. in itself may not be sufficient to allow gifting; a guardianship may be required. The difference between gifting for retirement planning or enhancing Medicaid eligibility is discussed, as well as court cases from several jurisdictions.
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.
The Schiavo Odyssey: A Tale Of Two Legislative Reprieves , Miriam Rosenblatt-Hoffman
The Schiavo Odyssey: A Tale Of Two Legislative Reprieves , Miriam Rosenblatt-Hoffman
Marquette Elder's Advisor
Between the time that Terri Schiavo's husband received court approval to discontinue her life support systems and her ultimate demise more than five years later, contentious legal battles were waged and specific state and federal laws were enacted to prolong Terri's life. The author postulates and explains why both laws were unconstitutional, and decries the legislative interference in patient autonomy.