Failing To Care: How Effective Compliance Prevents Institutional Elder Neglect,
2012
Marquette University Law School
Failing To Care: How Effective Compliance Prevents Institutional Elder Neglect, David R. Hoffman
Marquette Elder's Advisor
Hoffman discusses how criminal and civil action by way of state criminal statutes and the False Claims Act should be utilized against institutions that receive governmental funding to motivate them to provide residents with adequate services. The article outlines how elder care institutions can provide effective care for their residents through appropriate employment screening and on-boarding, reporting and monitoring and thorough investigative procedures
From The Editor: Introduction To The Kindness Of Strangers,
2012
Marquette University Law School
From The Editor: Introduction To The Kindness Of Strangers, Alison Barnes
Marquette Elder's Advisor
No abstract provided.
Table Of Contents,
2012
Marquette University Law School
"Death With Dignity": A Recipe For Elder Abuse And Homicide (Albeit Not By Name),
2012
Marquette University Law School
"Death With Dignity": A Recipe For Elder Abuse And Homicide (Albeit Not By Name), Margaret K. Dore
Marquette Elder's Advisor
Death with Dignity Acts in Oregon and Washington authorize physicians to write life-ending prescriptions for their patients. This article addresses various problems with the Acts, including the wording about who may administer the lethal drug and the fact that both Acts lack a consent requirement when the lethal dose is administered. This article also addresses counter arguments offered by proponents of the Acts.
International Rights Of Older Persons: What Difference Would A New Convention Make To Lives Of Older People?,
2012
Marquette University Law School
International Rights Of Older Persons: What Difference Would A New Convention Make To Lives Of Older People?, Israel Doron, Itai Apter
Marquette Elder's Advisor
This article tries to answer the following question: What difference, if any, would a new convention on the rights of older persons make to the lives of older people in light of the previous experiences with the Convention on the Eliminations of All Forms of Discrimination Against Women (CEDAW) and the Convention on the Rights of the Child (CRC)? In order to answer this question, the authors focus on the existing legal literature on international human rights law, with a particular focus on international human rights treaties. To better understand international human rights treaties, the article also discusses the CRC …
Power Of Attorney: Convenient Contract Or Dangerous Document?,
2012
Marquette University Law School
Power Of Attorney: Convenient Contract Or Dangerous Document?, Catherine Seal
Marquette Elder's Advisor
This article addresses the durable general power of attorney, tracing its evolution from general principles of agency law to the new Uniform Power of Attorney Act. The author also discusses the utility of the power of attorney as a tool to assist a senior who wishes to avail themselves of the services of an agent. From this perspective, the author addresses fiduciary duty and fiduciary liability, common problems with the power of attorney, and proposed methods of dealing with such problems.
International Human Rights And The Elderly,
2012
Marquette University Law School
International Human Rights And The Elderly, Jaclynn M. Miller
Marquette Elder's Advisor
This article argues that despite the international instruments that make reference to the rights of the elderly, steps still need to be taken to ensure that both laws and enforcement policies are being created internationally and nationally to protect the elderly, especially those who need institutionalized care. For this to occur, better enforcement mechanisms must be created, primarily an international treaty specifically designed to protect the rights of the elderly. In the course of this argument, the article discusses the definition of old age, the existing international legal framework for the protection of the elderly, and examples of elder abuse. …
Policy And Custodial Grandparents,
2012
Fordham University
Policy And Custodial Grandparents, Carole B. Cox
Marquette Elder's Advisor
In recent years there has been a rapid increase in a new type of American family, one in which grandparents have become the sole custodians of their grandchildren, raising them without any parent present. Government, through its policies, can play a major role in addressing the challenges that custodial grandparents face. This article discusses many of the key policies that impact the lives of custodial grandparents.
"Gray Touch": Professional Issues In The Uncertain Zone Between "Good Touch" And "Bad Touch",
2012
Hamline University School of Law
"Gray Touch": Professional Issues In The Uncertain Zone Between "Good Touch" And "Bad Touch", Joseph L. Daly, Michael S. Maza, Colleen M. Daly
Marquette Elder's Advisor
This article explores “good touch,” “bad touch,” and the uncertain area of “gray touch.” First, this article examines the concept of “good touch.” Then, this article moves to the concept of “bad touch” and examines the role of the law in regulating touch. Finally, this article introduces the concept of “gray touch” and explores ways for professionals to approach the often misunderstood and troublesome issue of “touch” in our current murky and litigious environment.
Table Of Contents,
2012
Marquette University Law School
New Standards For The Involuntary Commitment Of The Mentally Ill: "Danger" Redefined,
2012
Northern Illinois University College of Law
New Standards For The Involuntary Commitment Of The Mentally Ill: "Danger" Redefined, Elizabeth A. Mcguan
Marquette Elder's Advisor
McGuan's article examines the way legislatures have amended their involuntary commitment statutes to allow for the more aggressive commitment of the mentally ill. The article discusses whether the definition of dangerous conduct in an Illinois amendment deprives a mentally ill person of a fundamental liberty interest guaranteed by the Constitution. The article begins with an overview of mental health law in the United States since World War II, followed by an analysis of the constitutionality of the Illinois amendment.
Life, Liberty, And The Pursuit Of Death Of The Inconvenient Other ,
2012
Marquette University Law School
Life, Liberty, And The Pursuit Of Death Of The Inconvenient Other , Jonathan Penn
Marquette Elder's Advisor
This article looks at end-of-life issues, focusing on physician-assisted suicide, whether the United States government's numerous responsibilities created by the Older Americans Act and other similar acts, such as the government's financial limitations, and a growing elderly population will lead to a deterioration of society's view of elders and a legitimization and acceptance of assisted suicide.
Bringing Age Discrimination And Disability Discrimination Together: Too Few Intersections, Too Many Interstices,
2012
Emery Professor of Law
Bringing Age Discrimination And Disability Discrimination Together: Too Few Intersections, Too Many Interstices, Leslie Pickering Francis, Anita Silvers
Marquette Elder's Advisor
Old age and disability would seem to have adverse features in common. Membership in either group suggests depleted capability, decreased social contribution, significant fragility, and heightened susceptibility to maltreatment by other people. Yet some have argued that no wrong occurs when advanced age is made disadvantageous, for the elderly have had a fair chance at the goods of life. By contract, this argument goes, there is never a fair chance for people with disabilities. This article challenges the view that takes discrimination based on disability and discrimination based on age as so discrepant that they do not deserve similar efforts …
The Elderly With A Disability: Social Security And Representative Payment,
2012
University of Texas School of Law
The Elderly With A Disability: Social Security And Representative Payment, Michael J. Churgin
Marquette Elder's Advisor
This article looks at the elderly with disability and how the intersection of social security.
Old Lawyers, Blue Eyes, And The Medicalization Of Aging,
2012
University of South Dakota School of Law
Old Lawyers, Blue Eyes, And The Medicalization Of Aging, Michael J. Myers
Marquette Elder's Advisor
The article examines the "medicalization" of the aging process and the pitfalls of the increased medical care and myths about what constitutes "healthy" later in life. Financial reward and fear of death drive the increasing amount and extensiveness of care for chronic disease encountered in older adults, sometimes to an unnecessary end. The author puts forth the theory that older adults are now part of a weakened generation, rooted in a refusal to "suffer their reality" and ignore the fact that aging is not a disease, that is, not until it is placed under a doctor's care.
The Tbi Impact: The Truth About Traumatic Brain Injuries And Their Indeterminate Effects On Elderly, Minority, And Female Veterans Of All Wars,
2012
Marquette University Law School
The Tbi Impact: The Truth About Traumatic Brain Injuries And Their Indeterminate Effects On Elderly, Minority, And Female Veterans Of All Wars, Craig M. Kabatchnick
Marquette Elder's Advisor
Traumatic Brain Injury (TBI) is the signature injury of Operation Enduring Freedom (OEF) and Operation Iraq Freedom (OIF). This article examines the reasons for increased TBI injuries, calculates the costs associated with those injuries, and evaluates TBI at the Department of Veterans Affairs. This article discusses the current diagnosis challenges, and addresses the subsequent impact of TBI on special populations including military veterans, racial minorities, women, and the elderly.
Disability And Aging: Historical And Contemporary Challenges,
2012
Marquette University Law School
Disability And Aging: Historical And Contemporary Challenges, William N. Myhill, Peter Blanck
Marquette Elder's Advisor
This article discusses the challenges that elderly with disabilities face in the work place. The article explores the theme historically and today as they impact qualify of life for persons with and aging into disability.
Age Discrimination In The Delivery Of Health Care Services To Our Elders,
2012
Marquette University Law School
Age Discrimination In The Delivery Of Health Care Services To Our Elders, Phoebe Weaver Williams
Marquette Elder's Advisor
This article examaines age discrimination by health care providers. The author provides suggestions and recommendations to remedy this type of discrimination
Table Of Contents,
2012
Marquette University Law School
Unsung Survivors: Va Advocacy For The Spouses, Widows, And Children Of Elderly Veterans,
2012
North Carolina Central University School of Law
Unsung Survivors: Va Advocacy For The Spouses, Widows, And Children Of Elderly Veterans, Craig M. Kabatchnick, Jonathan B. Kelly
Marquette Elder's Advisor
No abstract provided.
