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2012

Marquette Elder's Advisor

Law

Articles 1 - 8 of 8

Full-Text Articles in Law

Issues In Interstate Guardianship, William P. Donaldson Aug 2012

Issues In Interstate Guardianship, William P. Donaldson

Marquette Elder's Advisor

This article focuses on In the Matter of the Guardianship and Protective Placement of Jimmie L. v. Sauk County. The guardian in the case was appointed in one state, but the guardian desired to relocate to another state. The article also explores the use of the Uniform Enforcement of Foreign Judgments Act where issues arise in interstate guardianship.


Social Values And Older Persons: The Role Of The Law, Marshall B. Knapp Aug 2012

Social Values And Older Persons: The Role Of The Law, Marshall B. Knapp

Marquette Elder's Advisor

Kapp discusses the relationship of law to social values, and how laws can permit, require, or restrain certain activities. Further discussion involves how laws, such as the Age Discrimination Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the Fair Housing Act impact the elderly, and then asks whether the law alone is enough to protect the elderly.


The Legal Status Of Gambling In America's Senior Communities , Marc J. Randazza, Daniel Russell Aug 2012

The Legal Status Of Gambling In America's Senior Communities , Marc J. Randazza, Daniel Russell

Marquette Elder's Advisor

More seniors are gambling than ever before, and many may not know whether what they are doing is legal or illegal in their particular jurisdiction. Regulations involving penny-ante games, regular gambling, bingo, and amusement gambling are explored in five jurisdictions: Florida, Arizona, California, Wisconsin (the most restrictive), and Nevada (the least restrictive). Both association and personal liability are discussed.


The Schiavo Odyssey: A Tale Of Two Legislative Reprieves , Miriam Rosenblatt-Hoffman Aug 2012

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.


Bankruptcy To Thwart Responsibility For Financial Abuse Of The Elderly, Richard Aaron Aug 2012

Bankruptcy To Thwart Responsibility For Financial Abuse Of The Elderly, Richard Aaron

Marquette Elder's Advisor

In cases of financial abuse of the elderly, bankruptcy action has been pursued to thwart responsibility. This article is a brief map to the terra incognita of bankruptcy and suggests directions to consider and pits to avoid. The specific message is to plan for bankruptcy at the onset, step one. Whatever palliative path is chosen, it circles back to the beginning, alerting the representative of the victim to evasion efforts that might be headed off. Waiting to react with defensive steps when and if a bankruptcy out is threatened can destroy hopes of recovery.


Ensure Your Pet's Future: Estate Planning For Owners And Their Animal Companions , Rachel Hirschfeld Aug 2012

Ensure Your Pet's Future: Estate Planning For Owners And Their Animal Companions , Rachel Hirschfeld

Marquette Elder's Advisor

Pets are a central and vital part of their owners' lives, and it is statistically well-documented that seniors and people with health issues derive substantial benefits from their pets. However, pet owners often do not consider what will happen to their pets if they die or become disabled. Many older people do not have pets because they are concerned about who will care for their pets if they become disabled or die and their pet survives them. Often, older people would like to have a pet companion and would benefit from acquiring one or keeping the one they already have. …


International Human Rights And The Elderly, Jaclynn M. Miller Aug 2012

International Human Rights And The Elderly, Jaclynn M. Miller

Marquette Elder's Advisor

This article argues that despite the international instruments that make reference to the rights of the elderly, steps still need to be taken to ensure that both laws and enforcement policies are being created internationally and nationally to protect the elderly, especially those who need institutionalized care. For this to occur, better enforcement mechanisms must be created, primarily an international treaty specifically designed to protect the rights of the elderly. In the course of this argument, the article discusses the definition of old age, the existing international legal framework for the protection of the elderly, and examples of elder abuse. …


New Standards For The Involuntary Commitment Of The Mentally Ill: "Danger" Redefined, Elizabeth A. Mcguan Aug 2012

New Standards For The Involuntary Commitment Of The Mentally Ill: "Danger" Redefined, Elizabeth A. Mcguan

Marquette Elder's Advisor

McGuan's article examines the way legislatures have amended their involuntary commitment statutes to allow for the more aggressive commitment of the mentally ill. The article discusses whether the definition of dangerous conduct in an Illinois amendment deprives a mentally ill person of a fundamental liberty interest guaranteed by the Constitution. The article begins with an overview of mental health law in the United States since World War II, followed by an analysis of the constitutionality of the Illinois amendment.