Open Access. Powered by Scholars. Published by Universities.®

Elder Law Commons

Open Access. Powered by Scholars. Published by Universities.®

868 Full-Text Articles 701 Authors 568539 Downloads 71 Institutions

All Articles in Elder Law

Faceted Search

868 full-text articles. Page 1 of 33.

Expanding The Slayer Rule In Florida: Why Elder Abuse Should Trigger Disinheritance, Natasa Glisic 2017 Barry University School of Law

Expanding The Slayer Rule In Florida: Why Elder Abuse Should Trigger Disinheritance, Natasa Glisic

Barry Law Review

No abstract provided.


Zoning For The Elderly And Family Rights, Ralph J. Libsohn 2017 St. John's University School of Law

Zoning For The Elderly And Family Rights, Ralph J. Libsohn

The Catholic Lawyer

No abstract provided.


Video: Elder Law For Beginners, Arlene Lakin, Gail Fisher 2017 Nova Southeastern University

Video: Elder Law For Beginners, Arlene Lakin, Gail Fisher

Law Center Plus Seminar Series

This particular seminar is designed to educate attorneys about how to be an elder law attorney. Practitioners will learn the various skill sets involved: estate and incapacity planning as well as protection of assets in order to qualify for, or remain qualified for, public benefits such as Medicaid and veteran’s pension with aid and attendance.

1. How to work with senior citizens and their families in a clinical as well as legal format
2. How to determine capacity of elderly clients to execute legal documents
3. How to analyze family relationships
4. How to design an estate and incapacity ...


P15. Family Status Discrimination: The Never-Ending Story, Christina Iannozzi 2017 Western Law

P15. Family Status Discrimination: The Never-Ending Story, Christina Iannozzi

Western Research Forum

The idea of work-life balance has received increasing attention from media, government, unions, and academics in recent years. This is due to the significant changes in the nature of the family and of roles within family. An interdisciplinary approach can explain the societal context that has prompted a rise in family status accommodation claims. Most notably, women have entered the paid workforce in unprecedented numbers and demographic shifts have created a growing need for eldercare.

Over the past two decades, divergent approaches to family status discrimination in the employment context have developed in Canada. The central dispute appears to be ...


Elder Law & Feminism: Moving Toward Equity In Aging, Emily M. Flesch 2017 Mitchell Hamline School of Law

Elder Law & Feminism: Moving Toward Equity In Aging, Emily M. Flesch

Student Scholarship

No abstract provided.


The Perplexities Of Age And Power, Sharona Hoffman 2017 Case Western University School of Law

The Perplexities Of Age And Power, Sharona Hoffman

Faculty Publications

The elderly population in the United States is growing dramatically and is expected to reach over seventy-two million, or twenty percent of the citizenry, by 2030. But serious legislative and regulatory gaps leave the surging population of older adults with many unmet needs. Many Americans are aware of the Social Security and Medicare funds’ financial woes. This Article emphasizes that these challenges are only the tip of the iceberg. In addition, the elderly face under-funded Older Americans Act programs, unaffordable long-term care, inadequate driving regulations that fail to identify and protect at-risk drivers, and a significant shortage of geriatricians, among ...


Doctor's Orders: The Third Circuit Approves Short-Term Annuities As A Viable Planning Tool In Zahner V. Secretary Pennsylvania Department Of Human Services, Jennifer A. Ward 2016 Villanova University Charles Widger School of Law

Doctor's Orders: The Third Circuit Approves Short-Term Annuities As A Viable Planning Tool In Zahner V. Secretary Pennsylvania Department Of Human Services, Jennifer A. Ward

Villanova Law Review

No abstract provided.


Aging America, Thomas L. Shaffer 2016 Notre Dame Law School

Aging America, Thomas L. Shaffer

Thomas L. Shaffer

Professor Sarah Harper's assessment of the legal, political,

medical, and economic issues associated with old age in the

United States heralded the theme for this Symposium, "Aging

America." Her analysis turns, as she puts it, on "a fundamental

shift in the demographic structure of society. No longer will it be

the norm to have large numbers of young and small numbers of

old,"1 as it was when I was a boy (age 11 on V.J. Day, 1945).

"Rather, we are entering a world where age groups will be distributed

more or less equally across society-an age-symmetric society ...


Grow Up Virginia: Time To Change Our Filial Responsibility Law, Sylvia Macon 2016 University of Richmond

Grow Up Virginia: Time To Change Our Filial Responsibility Law, Sylvia Macon

Law Student Publications

This comment discusses the background and development of filial responsibility laws in England, the United States, and Virginia in Part I. Part II explains the purpose behind implementation of such laws while Part III discusses the problems enforcing the filial responsibility law may cause. Lastly, Part IV explains why past reasons for keeping the law are no longer valid.


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 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 ...


Practical Islamic Estate Planning: A Short Primer, Imani Jaafar 2016 Mitchell Hamline School of Law

Practical Islamic Estate Planning: A Short Primer, Imani Jaafar

Mitchell Hamline Law Review

No abstract provided.


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 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.


The New Minnesota Trust Code: Out With (Most Of) The Old And In With (Most Of) The Utc, Jennifer A. Maas 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.


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 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.


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 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.


The Practice Of Elder Law, Stuart C. Bear 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, Sean Burke 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.


One Fund Solution And The Pension Crisis, Gordon Butler 2016 St. Thomas University School of Law

One Fund Solution And The Pension Crisis, Gordon Butler

Cleveland State Law Review

The next forty years of economic life will be dominated by one underlying theme: dealing with the retirement income security of a growing, aging and longer-lived global population. This is a "can’t run, can’t hide" problem that will affect the lives of almost every human being on the planet . . . Whether you are light in your pension account, whether you have more money than Croesus, whether you live in the well-funded Netherlands, or whether you are a put-upon unambitious young male in Japan who sees no future for himself, you cannot escape this problem.

Before you read very far ...


Lawyers And The Secret Welfare State, Milan Markovic 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, Danen Danielak 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 ...


Digital Commons powered by bepress