Book Review: Representing The Elderly Client: Law And Practice,
2012
Marquette University Law School
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,
2012
Mayo Medical School
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,
2012
University of Miami Law School
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,
2012
Marquette University Law School
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,
2012
Marquette University Law School
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,
2012
Marquette University Law School
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,
2012
Marquette University Law School
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,
2012
Marquette University Law School
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,
2012
Marquette University Law School
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,
2012
Marquette University Law School
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,
2012
Marquette University Law School
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,
2012
Marquette University Law School
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,
2012
Marquette University Law School
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,
2012
Marquette University Law School
From The Editor, Alison Mcchrystal Barnes
Marquette Elder's Advisor
No abstract provided.
Table Of Contents,
2012
Marquette University Law School
E-Ethics,
2012
Marquette University Law School
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,
2012
Marquette University Law School
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,
2012
Marquette University Law School
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,
2012
Marquette University Law School
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,
2012
University of Miami Law School
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.
