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Articles 31 - 60 of 360
Full-Text Articles in Law
From The Editor, Barnes
Book Review: Representing The Elderly Client: Law And Practice, Jane M.R. Mulcahy
Book Review: Representing The Elderly Client: Law And Practice, Jane M.R. Mulcahy
Marquette Elder's Advisor
This book provides a thorough outline of every aspect of the elder law practice, including forms and checklists. The book is a comprehensive, practice-based manual for elder law attorneys. The book is useful for new attorneys, elder law attorneys looking to expand services, and attorneys breaking into the elder law field.
Alcoholism In Late Life: Some Issues, Richard E. Finlayson
Alcoholism In Late Life: Some Issues, Richard E. Finlayson
Marquette Elder's Advisor
Alcoholism is a significant problem among the elderly. An undiagnosed, untreated older person may be mistaken as suffering from dementia. This article discusses problems in diagnosing elderly alcoholism, society's response to treatment of elderly alcoholics, and a comparison of early and late onset alcoholism in the elderly.
Assisted Living Resources On The Web, Robin C. Schard
Assisted Living Resources On The Web, Robin C. Schard
Marquette Elder's Advisor
This article focuses on locating online resources for information about assisted living. The article provides website addresses for legal, industry, and consumer information.
First Bipartisan Medicare Reform Bill, John Breaux
First Bipartisan Medicare Reform Bill, John Breaux
Marquette Elder's Advisor
The proposed Breaux-Frist plan will establish a Competitive Premium System that offers integrated health care benefits and prescription drug coverage while maintaining Medicare entitlement. This article provides an overview of the proposed legislation.
Nursing Facility Coverage Under Medicare, Edward Dale, Cheryldiane Feuerman
Nursing Facility Coverage Under Medicare, Edward Dale, Cheryldiane Feuerman
Marquette Elder's Advisor
Many beneficiaries believe that Medicare provides substantial coverage for nursing home care. The coverage actually available is of short duration, incomplete, and riddled with limitations. This article discusses the various requirements to receive Medicare benefits for skilled nursing facility admissions, and it also discusses the appeals process for denied benefit claims.
Transferring Wealth With The Grantor Retained Annuity Trust: Gratifying Results At Low Cost, Barbara Freedman Wand
Transferring Wealth With The Grantor Retained Annuity Trust: Gratifying Results At Low Cost, Barbara Freedman Wand
Marquette Elder's Advisor
By using a Grantor Retained Annuity Trust (GRAT), a client can transfer significantly appreciating assets to family members at a reduced transfer tax cost. This article discusses strategies for maximizing the effectiveness of a GRAT.
Senior Housing Advertising: Sending The Right Message Under The Fhaa, Victoria M. De Lisle, Robert W. Mouton
Senior Housing Advertising: Sending The Right Message Under The Fhaa, Victoria M. De Lisle, Robert W. Mouton
Marquette Elder's Advisor
The Fair Housing Amendments Act prohibits discrimination in housing advertisements. This article suggests some strategies to avoid potential violations of the FHAA. The article concludes that it is relatively easy to comply with the FHAA, and it suggests internal procedures to reduce the risk of an advertising discrimination claim.
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.
Cognitive Dysfunction, Medications, And Legal Issues, Antoinette Harrison
Cognitive Dysfunction, Medications, And Legal Issues, Antoinette Harrison
Marquette Elder's Advisor
Clients having difficulty reading or understanding legal documents may be experiencing the side effects of medications. The author argues that the most common causes of reversible dementia are medications, often resulting from self-medication by the older individual with over-the-counter medicines. This article discusses some common drugs and their side effects on cognitive functions.
Realizing The Right To Counsel In Guardianship: Dispelling Guardianship Myths, Patricia M. Cavey
Realizing The Right To Counsel In Guardianship: Dispelling Guardianship Myths, Patricia M. Cavey
Marquette Elder's Advisor
Criminal defendants have basic rights and proper defense counsel, but guardianship defendants often are denied these same rights. The author discusses five myths commonly held by attorneys and judges who deal with guardianship cases. The article offers suggestions to potential guardianship defendants for preserving their rights and protecting their interests.
Elder Law Incapacity Planning, Cynthia L. Barrett
Elder Law Incapacity Planning, Cynthia L. Barrett
Marquette Elder's Advisor
As part of any complete estate-planning practice, attorneys should draft language that covers the ramifications of client's incapacity. This article offers practice tip to assist elder law attorneys to develop sophisticated incapacity planning language. The article covers topics including durable powers of attorney, guardianship anticipation documents, testamentary trusts for disabled children, and incapacity determination methods.
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.
Retirees Can Benefit From Roth Iras, Sara Buscher
Retirees Can Benefit From Roth Iras, Sara Buscher
Marquette Elder's Advisor
Contrary to past beliefs, Roth IRAs can benefit retirees. This article discusses retirement planning for individuals of retirement age. This article also discusses how Roth IRA conversions can optimize retirement income, strengthen estates, and reducing tax liabilities.
From The Editor, Alison Mcchrystal Barnes
From The Editor, Alison Mcchrystal Barnes
Marquette Elder's Advisor
No abstract provided.
E-Ethics, Michael K. Mcchrystal
E-Ethics, Michael K. Mcchrystal
Marquette Elder's Advisor
The fit between laws regulating professional ethics and the means of conducting business, particularly telecommunications and computer technology, has become tenuous. Here, McChrystal examines recent legal decisions concerning electronic transmission of information and discusses the impact of Internet messages and e-mail on attorney-client privilege.
Book Review: Public And Private Responsibilities In Long-Term Care: Finding The Balance, Jane Rupprecht Mulcahy
Book Review: Public And Private Responsibilities In Long-Term Care: Finding The Balance, Jane Rupprecht Mulcahy
Marquette Elder's Advisor
This book is a collection of perspectives that can assist the elder law attorney in making informed decisions about the financing of long-term care. The book frames the issue in the context of the symbiotic relationship between social theory and policy and the existing long-term care construct, and it argues that the boundaries between public and private financial responsibility have blurred.
Guardianship Reform Revisited After 10 Years, Andrew P. Brusky
Guardianship Reform Revisited After 10 Years, Andrew P. Brusky
Marquette Elder's Advisor
Over the past ten years, many states have revised their guardianship laws to address such problems as due process inadequacies, ineffective monitoring of guardians, and reliance on medical conclusions to determine legal findings. Brusky discusses the changes in guardianship law and legislative changes accommodating durable powers of attorney, living wills, and other medical declarations that provide an alternative to traditional guardianships.
Hospital Coverage Under Medicare, Edward Dale, Cheryldiane Feuerman, Tina Georgiades
Hospital Coverage Under Medicare, Edward Dale, Cheryldiane Feuerman, Tina Georgiades
Marquette Elder's Advisor
While Medicare appears to afford generous coverage for hospital care, statutory limitations and changes in medical practice often make access to coverage problematic. The difficulties that Medicare beneficiaries face when receiving coverage for inpatient hospital care are discussed in this article.
Elder Law-Related Organizations On The Internet, Robin C. Schard
Elder Law-Related Organizations On The Internet, Robin C. Schard
Marquette Elder's Advisor
Almost all organizations now maintain Web sites, which enable them to increase their membership and provide current information about the groups to members, prospective members, and the public. This article explores how to navigate these sites and introduces some of the best sites related to elder law information.
Informed Consent For Electroconvulsive Therapy, Richard E. Finlayson
Informed Consent For Electroconvulsive Therapy, Richard E. Finlayson
Marquette Elder's Advisor
Despite the controversy surrounding the procedure, electroconvulsive therapy (ECT) remains an effective treatment for certain mental disorders among the elderly. This article introduces certain issues that physicians should consider and deal with effectively to ensure proper treatment and optimal results for patients.
The Qualified Personal Residence Trust: Passing Wealth To The Next Generation At A Reduced Transfer Tax Cost, Barbara Freedman Wand
The Qualified Personal Residence Trust: Passing Wealth To The Next Generation At A Reduced Transfer Tax Cost, Barbara Freedman Wand
Marquette Elder's Advisor
Although the qualified personal residence trust can be effective for transferring substantial wealth to the next generation at a significantly reduced transfer tax cost, the transfer of a personal residence to family members can raise complex family issues. This article examines both the non-tax and tax issues related to the qualified personal residence trust, including qualification requirements under Section 2702 of the Internal Revenue Code.
Protecting The Disabled Individual Through The Use Of A Medicare Set-Aside Trust, Susan G. Haines, John J. Campbell
Protecting The Disabled Individual Through The Use Of A Medicare Set-Aside Trust, Susan G. Haines, John J. Campbell
Marquette Elder's Advisor
In America, plaintiffs in tort settlements receive more benefits, including Medicare benefits, than plaintiffs in worker's compensation cases. A properly established Medicare set-aside trust can guarantee that a disabled worker's Medicare benefits will be available after a worker's compensation settlement. This article discusses the theory behind a Medicare set-aside trust and tips for properly using it.
Disclaimer And Elective Share In The Medicaid Context, Cynthia L. Barrett
Disclaimer And Elective Share In The Medicaid Context, Cynthia L. Barrett
Marquette Elder's Advisor
Disclaimers of inheritance must be handled with care to ensure that they do not harm the long-term benefits provided by the federal Medicaid program. This article explores recent developments in Medicaid law, some disclaimer situations in practice, and effects of forced elective shares on Medicaid benefits. This article also discusses various means to plan for Medicaid, including the use of a Special-Needs Right-of-Election Trust.
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.
Ticking Time Bombs In Ira Planning For Professionals, Jack E. Stephens
Ticking Time Bombs In Ira Planning For Professionals, Jack E. Stephens
Marquette Elder's Advisor
Individual retirement accounts (IRAs) are generally a significant part of any client's estate these days. Professional estate planners must familiarize themselves with the multifarious rules that affect IRAs and take into account basic planning requirements to avoid potential catastrophic tax traps for the client and liability for the advisor. This article highlights twenty-two significant issues with IRAs that estate planners must address.
Paying For Terminal Illness
Marquette Elder's Advisor
The need for public assistance for terminal care has moved death itself from a private family matter to the public professional sphere. Congress intended Medicare hospice coverage to be comprehensive, but its eligibility rules and per diem limits deprive some patients of needed care. This article examines these limits and the alternative models for care of the dying.