End Of Life Care For The Incarcerated, 2017 Abilene Christian University
End Of Life Care For The Incarcerated, Codie Robinson
Dialogue & Nexus
As the prison population ages, a new need has come to light – caring for those who are in the final stage of life. This paper will examine the current end of life services provided to those in prison throughout the United States. After a general awareness of the system is presented, a more complete discussion of end of life care for prisoners will be considered, in light of ethics, social justice, and the Christian perspective. The two care options presented, hospice care and compassionate release, are observed through these lenses. In order to make a decision on how to care ...
Modernizing Financial Legislation To Protect Older Americans From Financial Abuse, 2017 University of Miami Law School
Modernizing Financial Legislation To Protect Older Americans From Financial Abuse, Joshua F. Bautz
University of Miami Business Law Review
The United States of America is entering into a period of time that is marked by an increasingly aging population, and a corresponding growth in its susceptibility to financial abuse. While financial abuse can take on various forms, our older Americans continuously bear the bulk of its adverse effects. In recent years, financial representatives have notably suffered from a decline in investor confidence; however, this trend has failed to address the true culprits that commit the majority of financial abuse. This Comment will help to illuminate the increasing impact that family members, friends and caregivers have on the totality of ...
Understaffed And Overworked: Poor Working Conditions And Quality Of Care In Residential Care Facilities For The Elderly, 2017 Golden Gate University School of Law
Understaffed And Overworked: Poor Working Conditions And Quality Of Care In Residential Care Facilities For The Elderly, Hina B. Shah
The United States is experiencing unprecedented growth in its elderly population. As Americans live longer and cope with chronic health conditions, the need for long term services and support (LTSS) has increased. The vast majority of elderly persons need assistance with activities of daily living (ADL) and instrumental activities of daily living (IADL) due to physical and mental impairments. LTSS are provided in a continuum of care from the individual’s home to institutional settings. There is a range of options from highly regulated skilled nursing facilities, also called nursing homes to residential care facilities for the elderly (RCFE), also ...
Expanding The Slayer Rule In Florida: Why Elder Abuse Should Trigger Disinheritance, 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.
On Hastening Death Without Violating Legal Or Moral Prohibitions, 2017 Rutgers U. School of Law, Newark
On Hastening Death Without Violating Legal Or Moral Prohibitions, Norman L. Cantor
While the vast majority of fatally afflicted persons have a powerful wish to remain alive, some stricken persons may, for any of a host of reasons, desire to hasten death. Some persons are afflicted with chronic degenerative diseases that take a grievous toll. Chronic pain may be severe and intractable, anxiety about a future treatment regimen may be distressing, and helplessness may erode personal dignity and soil the image that the afflicted person wants to leave behind.
A dying patient’s interest in hastening death is often said to be in tension with a bedrock social principle that respect for ...
On Kamisar, Killing, And The Future Of Physician-Assisted Death, 2017 Rutgers U. School of Law, Newark
On Kamisar, Killing, And The Future Of Physician-Assisted Death, Norman L. Cantor
In a famous 1958 article, Yale Kamisar brilliantly examined the hazards of abuse and of slippery slope extensions that subsequently, for 46 years, served to thwart legalization of physician-assisted death (PAD). This paper shows that during the same period law and culture have effectively accepted a variety of ways for stricken people to hasten death, with physicians involved in diverse roles. Those ways include rejection of nutrition and hydration, terminal sedation, administration of risky analgesics, and withholding or withdrawal of medical life support. If these existing lawful modes of hastening death were widely acknowledged, the pressure to legalize voluntary active ...
The Relation Between Autonomy-Based Rights And Profoundly Disabled Persons, 2017 Rutgers U. School of Law, Newark
The Relation Between Autonomy-Based Rights And Profoundly Disabled Persons, Norman L. Cantor
“The Relation Between Autonomy-based Rights and Profoundly Mentally Disabled Persons” Competent persons have fundamental rights to decide about abortion, methods of contraception, and rejection of life-sustaining medical treatment. Profoundly disabled persons are so cognitively impaired that they cannot make their own serious medical decisions. Yet some courts suggest that the mentally impaired are entitled to “the same right” to choice regarding critical medical decisions as competent persons. This article discusses the puzzling question of how to relate autonomy-based rights to never-competent persons. It argues that while profoundly disabled persons cannot be entitled to make their own medical decisions, they have ...
Changing The Paradigm Of Advance Directives To Avoid Prolonged Dementia, 2017 Rutgers Law School - Newark
Changing The Paradigm Of Advance Directives To Avoid Prolonged Dementia, Norman L. Cantor
Zoning For The Elderly And Family Rights, 2017 St. John's University School of Law
Zoning For The Elderly And Family Rights, Ralph J. Libsohn
The Catholic Lawyer
No abstract provided.
“Johnny Pushed Me And I Can’T Get Up . . . And I Can’T Get Help!”: The Intersection Of Elder Abuse And Domestic Violence In South Carolina And Its Effect On Older Battered Women, 2017 College of William & Mary Law School
“Johnny Pushed Me And I Can’T Get Up . . . And I Can’T Get Help!”: The Intersection Of Elder Abuse And Domestic Violence In South Carolina And Its Effect On Older Battered Women, Mary D. Antley
William & Mary Journal of Women and the Law
No abstract provided.
My Company Is Freezing The Pension Plan: What Does This Mean?, 2017 University of Massachusetts Boston
My Company Is Freezing The Pension Plan: What Does This Mean?, Pension Action Center, Gerontology Institute, University Of Massachusetts Boston
Pension Action Center Publications
As employers move away from traditional defined benefit pension plans in favor of defined contribution 401(k) plans, the number of frozen pension plans is rapidly increasing. While most companies would like to rid themselves of their pension plan liabilities, more often than not, employers deem it too costly to terminate their existing plans and pay out all accrued benefits to participants and beneficiaries. As a result, instead of terminating their existing pension plans, many employers are electing to “freeze” their plans. Pension plans may be frozen using a “hard freeze” or a “soft freeze”. While both types of plan ...
Lump Sum Vs Annuity Payments: Which Is Right For Me?, 2017 University of Massachusetts Boston
Lump Sum Vs Annuity Payments: Which Is Right For Me?, Pension Action Center, Gerontology Institute, University Of Massachusetts Boston
Pension Action Center Publications
As employers are looking to reduce pension plan liabilities, more and more participants are being given the option to receive a one-time lump sum payment from their pension plan in lieu of receiving monthly annuity payments for life. Deciding on which form of pension benefit to take is a very important decision that requires careful consideration. Unfortunately, there is no one-size-fits-all answer. While a lump sum may make sense for one person, it may be a serious mistake for another. And it is a decision that you will have to live with for the rest of your life. Anyone who ...
Video: Elder Law For Beginners, 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, 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, 2017 Mitchell Hamline School of Law
Elder Law & Feminism: Moving Toward Equity In Aging, Emily M. Flesch
No abstract provided.
The Perplexities Of Age And Power, 2017 Case Western University School of Law
The Perplexities Of Age And Power, Sharona Hoffman
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, 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, 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, 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, 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 ...