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Exploitation And Abuse Of The Elderly During The Great Recession: A Maine Practitioner's Perspective, Denis T. Culley, Hannah Sanders University of Maine School of Law 2017 University of Maine School of Law

Exploitation And Abuse Of The Elderly During The Great Recession: A Maine Practitioner's Perspective, Denis T. Culley, Hannah Sanders University Of Maine School Of Law

Maine Law Review

The practitioner often cringes on first exposure to elder abuse. Beating, cheating, or cynically misusing a parent or other beloved elder not only shocks and disheartens those who stumble upon it, but often leaves the practitioner, like the poet, with “a tighter breathing and Zero at the bone.” Nothing in our culture prepares us to behold the abused elder. The elder herself is often similarly shocked and ashamed. Many times, an abused elder is in denial and may feel that she has somehow allowed the abuse to occur. Or the elder may feel that the abuser—oftentimes a family member ...


A Principled Approach To Separating The Fusion Between Nursing Homes And Prisons, Mirko Bagaric, Marissa Florio, Brienna Bagaric 2017 Pepperdine University

A Principled Approach To Separating The Fusion Between Nursing Homes And Prisons, Mirko Bagaric, Marissa Florio, Brienna Bagaric

Pepperdine Law Review

Elderly people are a far lower risk to community safety than other individuals. Despite this, elderly prisoners are filling prisons at an increasing rate. The number of elderly prisoners in the United States has increased more than fifteen-fold over the past three decades—far more than the general imprisonment rate. This trend is empirically and normatively flawed. Older offenders should be treated differently from other offenders. The key reason for this is that elderly offenders reoffend at about half the rate of other released prisoners, but the cost of incarcerating the elderly—due to their more pressing health needs—is ...


Distinctive Factors Affecting The Legal Context Of End-Of-Life Medical Care For Older Persons, Marshall B. Kapp 2017 Florida State University

Distinctive Factors Affecting The Legal Context Of End-Of-Life Medical Care For Older Persons, Marshall B. Kapp

Georgia State University Law Review

Current legal regulation of medical care for individuals approaching the end of life in the United States is predicated essentially on a factual model emanating from a series of high-profile judicial opinions concerning the rights of adults who become either permanently unconscious or are clearly going to die soon with or without aggressive attempts of curative therapy.

The need for a flexible, adaptable approach to medically treating people approaching the end of their lives, and a similar openness to possible modification of the legal framework within which treatment choices are made and implemented, are particularly important when older individuals are ...


Unbefriended And Unrepresented: Better Medical Decision Making For Incapacitated Patients Without Healthcare Surrogates, Thaddeus Mason Pope 2017 Mitchell Hamline School of Law

Unbefriended And Unrepresented: Better Medical Decision Making For Incapacitated Patients Without Healthcare Surrogates, Thaddeus Mason Pope

Georgia State University Law Review

The purpose of this Article is to help improve the quality of healthcare decision making for the unbefriended. I hope that this comprehensive and systematic explanation of both the problem and the available solutions will empower both public and clinical policymakers to develop more informed and more circumspect policies and procedures


2016-2017 Georgia State University Law Review Symposium: Exploring The Right To Die In The U.S., Margaret Pabst Battin 2017 University of Utah

2016-2017 Georgia State University Law Review Symposium: Exploring The Right To Die In The U.S., Margaret Pabst Battin

Georgia State University Law Review

This transcript is a reproduction of the Keynote Presentation at the 2016–2017 Georgia State University Law Review Symposium on November 11, 2016. Margaret Battin, is a Distinguished Professor of Philosophy and Adjunct Professor of Internal Medicine at the University of Utah.


The Pro Bono Collaborative Project Spotlight, Roger Williams University School of Law 2017 Roger Williams University

The Pro Bono Collaborative Project Spotlight, Roger Williams University School Of Law

Pro Bono Collaborative Staff Publications

No abstract provided.


End Of Life Care For The Incarcerated, Codie Robinson 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 ...


Understaffed And Overworked: Poor Working Conditions And Quality Of Care In Residential Care Facilities For The Elderly, Hina B. Shah 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

Publications

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 ...


Modernizing Financial Legislation To Protect Older Americans From Financial Abuse, Joshua F. Bautz 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 ...


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.


On Hastening Death Without Violating Legal Or Moral Prohibitions, Norman L. Cantor 2017 Rutgers U. School of Law, Newark

On Hastening Death Without Violating Legal Or Moral Prohibitions, Norman L. Cantor

Norman 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, Norman L. Cantor 2017 Rutgers U. School of Law, Newark

On Kamisar, Killing, And The Future Of Physician-Assisted Death, Norman L. Cantor

Norman 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, Norman L. Cantor 2017 Rutgers U. School of Law, Newark

The Relation Between Autonomy-Based Rights And Profoundly Disabled Persons, Norman L. Cantor

Norman 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, Norman L. Cantor 2017 Rutgers Law School - Newark

Changing The Paradigm Of Advance Directives To Avoid Prolonged Dementia, Norman L. Cantor

Norman Cantor

For some people, the specter of being mired in progressively degenerative dementia is an intolerably degrading prospect. One avoidance tactic is to take steps to end one's existence while still competent. That risks a premature demise while still enjoying a tolerable lifestyle. The question arises whether an alternative tactic -- an advance directive declining all life-sustaining intervention once a certain point of debilitation is reached -- might be preferable. This article describes the legal and moral foundation for an advance directive declining even simplistic interventions at a relatively early stage of decline. My own model directive is included.


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.


“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 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?, Pension Action Center, Gerontology Institute, University of Massachusetts Boston 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?, Pension Action Center, Gerontology Institute, University of Massachusetts Boston 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, 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 2018 "Controversy: Challenging The Boundaries in Research"

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 ...


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