Marquette University Law School
Addressing The Ethical, Legal, And Social Issues Raised By Voting By Persons With Dementia,
2016
University of Pennsylvania
Addressing The Ethical, Legal, And Social Issues Raised By Voting By Persons With Dementia, Jason H. Karlawish, Richard J. Bonnie, Paul S. Appelbaum, Constantine Lyketsos, Bryan James, David Knopman, Christopher Patusky, Rosalie A. Kane, Pamela S. Karlan
Bryan G Kane MD
This article addresses an emerging policy problem in the United States participation in the electoral process by citizens with dementia. At present, health care professionals, family caregivers, and long-term care staff lack adequate guidance to decide whether individuals with dementia should be precluded from or assisted in casting a ballot. Voting by persons with dementia raises a series of important questions about the autonomy of individuals with dementia, the integrity of the electoral process, and the prevention of fraud. Three subsidiary issues warrant special attention: development of a method to assess capacity to vote; identification of appropriate kinds of assistance ...
Criminal And Adult Protection Financial Exploitation Laws In The United States: How Do The Statutes Measure Up To Existing Research?,
2016
Mitchell Hamline School of Law
Criminal And Adult Protection Financial Exploitation Laws In The United States: How Do The Statutes Measure Up To Existing Research?, Kevin E. Hansen, Jonathan Hampel, Sandra L. Reynolds, Iris C. Freeman
Mitchell Hamline Law Review
No abstract provided.
Able Act Accounts: Achieving A Better Life Experience For Individuals With Disabilities With Tax-Preferred Savings (And The Old Reliable Special And Supplemental Needs Trusts),
2016
Mitchell Hamline School of Law
Able Act Accounts: Achieving A Better Life Experience For Individuals With Disabilities With Tax-Preferred Savings (And The Old Reliable Special And Supplemental Needs Trusts), David A. Rephan, Joelle Groshek
Mitchell Hamline Law Review
No abstract provided.
The Practice Of Elder Law,
2016
Mitchell Hamline School of Law
The Practice Of Elder Law, Stuart C. Bear
Mitchell Hamline Law Review
No abstract provided.
Person-Centered Guardianship: How The Rise Of Supported Decision-Making And Person-Centered Services Can Help Olmstead's Promise Get Here Faster,
2016
Mitchell Hamline School of Law
Person-Centered Guardianship: How The Rise Of Supported Decision-Making And Person-Centered Services Can Help Olmstead's Promise Get Here Faster, Sean Burke
Mitchell Hamline Law Review
No abstract provided.
The New Minnesota Trust Code: Out With (Most Of) The Old And In With (Most Of) The Utc,
2016
Mitchell Hamline School of Law
The New Minnesota Trust Code: Out With (Most Of) The Old And In With (Most Of) The Utc, Jennifer A. Maas
Mitchell Hamline Law Review
No abstract provided.
Practical Islamic Estate Planning: A Short Primer,
2016
Mitchell Hamline School of Law
Practical Islamic Estate Planning: A Short Primer, Imani Jaafar
Mitchell Hamline Law Review
No abstract provided.
Sending The Wrong Message: The Current State Of Minnesota Law Raises Multiple Barriers To Meaningful Resolution For Our Elder Population When Bringing Medical Malpractice Claims,
2016
Mitchell Hamline School of Law
Sending The Wrong Message: The Current State Of Minnesota Law Raises Multiple Barriers To Meaningful Resolution For Our Elder Population When Bringing Medical Malpractice Claims, Suzanne M. Scheller
Mitchell Hamline Law Review
No abstract provided.
Lawyers And The Secret Welfare State,
2016
Texas A&M University School of Law
Lawyers And The Secret Welfare State, Milan Markovic
Milan Markovic
This Article suggests that the United States maintains a secret welfare state. The secret welfare state exists because of lawyers’ ubiquitous use of questionable practices in representing clients before benefit-granting government agencies, which enable thousands of individual to collect public benefits who may not qualify for them. This Article focuses in particular on lawyers’ handling of evidence of nondisability in Social Security Disability Insurance (SSDI) proceedings and participation in Medicaid planning. It may be possible that the legal profession’s central role in the distribution of public benefits is an obstacle to a fairer and more transparent social safety net.
Financial Elder Abuse: New York State Prevalence, Interventions, & Future Directions,
2016
The College at Brockport
Financial Elder Abuse: New York State Prevalence, Interventions, & Future Directions, Danen Danielak
Senior Honors Theses
Millions of older adults living in the United States are victims of elder abuse and financial exploitation is the most common form of abuse. Additionally, the adult population age 65 and older is projected to more than double by 2060 (Colby & Ortman, 2015) which will increase the likelihood of elder abuse. New York State has a substantial older adult population, was the focus of largest and most comprehensive elder abuse prevalence study, and utilizes multiple forms of financial abuse interventions including the widely supported use of multidisciplinary teams. Thus, the purpose of this thesis is to describe the prevalence and ...
Productivity And Affinity In The Age Of Dignity,
2016
University of California, Irvine School of Law
Productivity And Affinity In The Age Of Dignity, Stephen Lee
Michigan Law Review
This Review proceeds as follows. Part I summarizes The Age of Dignity. Part II explains how this segment of immigrant workers challenges the productivity/affinity binary that dominates immigration law’s formal migration rules. Part III shows how this binary sets up dual migration streams, both of which could account for future flows of care workers. As Part III shows, the example of the eldercare industry nicely illustrates how the employment based and family-based migration systems simply represent two different ways of filling labor needs. I then conclude.
Judge Halts End-Of-Life Decision-Making For Nursing Home Patients,
2016
SFGate.com
Judge Halts End-Of-Life Decision-Making For Nursing Home Patients, Bob Egelko
Interviews
An Alameda County judge has ordered state health officials to stop allowing doctors at nursing homes to administer psychiatric drugs or make end-of-life decisions for patients the doctors consider mentally incompetent. An interview with Professor Mort Cohen
Selective Issues In Effective Medicaid Estate Recovery Statutes,
2016
The Catholic University of America, Columbus School of Law
Selective Issues In Effective Medicaid Estate Recovery Statutes, Raymond C. O'Brien
Catholic University Law Review
Medicaid is a joint federal-state partnership program that provides medical care to the elderly, blind, and disabled poor. Unlike Medicare, Medicaid will pay for long-term care, leading millions of persons in need of such care to “spend-down” income or assets to qualify as sufficiently needy or poor. However, the state can eventually seek recovery of expenditures made through estate recovery programs following the death of both spouses. As it currently stands, states have no choice but to become increasingly vigilant in pursuing private funds in order to pay for Medicaid expenditures. As a result, elderly citizens and their families will ...
Measuring Older Adult Confidence In The Courts And Law Enforcement,
2016
University of Nebraska-Lincoln
Measuring Older Adult Confidence In The Courts And Law Enforcement, Joseph A. Hamm, Lindsey E. Wylie, Eve Brank
Lindsey Wylie
Selective Issues In Effective Medicaid Estate Recovery Statutes,
2016
The Catholic University of America, Columbus School of Law
Selective Issues In Effective Medicaid Estate Recovery Statutes, Raymond C. O'Brien
Scholarly Articles and Other Contributions
Medicaid is a joint federal-state partnership program that provides medical care to the elderly, blind, and disabled poor. Unlike Medicare, Medicaid will pay for long-term care, leading millions of persons in need of such care to “spend-down” income or assets to qualify as sufficiently needy or poor. However, the state can eventually seek recovery of expenditures made through estate recovery programs following the death of both spouses. As it currently stands, states have no choice but to become increasingly vigilant in pursuing private funds in order to pay for Medicaid expenditures. As a result, elderly citizens and their families will ...
Wage Theft As Public Larceny,
2016
Brooklyn Law School
Wage Theft As Public Larceny, Elizabeth J. Kennedy
Brooklyn Law Review
Home care for the elderly and disabled is a rapidly expanding industry in which structural and regulatory factors contribute to worker vulnerability and exploitation. Systemic exclusion from core federal employment and labor laws, as well as many state and local regulations, results in minimal consequences for employers who violate standards. Despite recent movement at the federal level to create a “new mindset” of rights and regulations, home care workers must be equipped with creative ways to enforce these new rights and to challenge existing gaps in enforcement. With the understanding that two-thirds of the home care industry is financed by ...
Give Them A Reason They Can Understand: An Examination Of Rhode Island's Medicaid Ineligibility Notices To The State's Most Vulnerable Populations,
2016
J.D.Candidate, Roger Williams University School of Law, 2017
Give Them A Reason They Can Understand: An Examination Of Rhode Island's Medicaid Ineligibility Notices To The State's Most Vulnerable Populations, Laura Pickering
Roger Williams University Law Review
No abstract provided.
From Idiots And Lunatics To Incapacitated Persons And Respondents: The Evolution Of Guardianship Law In Rhode Island,
2016
Roger Williams University School of Law
From Idiots And Lunatics To Incapacitated Persons And Respondents: The Evolution Of Guardianship Law In Rhode Island, Mark B. Heffner
Roger Williams University Law Review
No abstract provided.
Measuring Older Adult Confidence
In The Courts And Law Enforcement,
2016
Michigan State University
Measuring Older Adult Confidence In The Courts And Law Enforcement, Joseph A. Hamm, Lindsey E. Wylie, Eve M. Brank
Faculty Publications, Department of Psychology
Older adults are an increasingly relevant subpopulation for criminal justice policy but, as yet, are largely neglected in the relevant research. The current research addresses this by reporting on a psychometric evaluation of a measure of older adults’ Confidence in Legal Institutions (CLI). Confirmatory factor analysis (CFA) provided support for the unidimensionality and reliability of the measures. In addition, participants’ CLI was related to cynicism, trust in government, dispositional trust, age, and education, but not income or gender. The results provide support for the measures of confidence in the courts and law enforcement, so we present the scale as a ...
Table Of Contents,
2016
Touro College Jacob D. Fuchsberg Law Center
