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Articles 361 - 390 of 832
Full-Text Articles in Entire DC Network
The Emerging Nexus Of Aging And Diversity: Implications For Public Policy And Entitlement Reform, Fernando Torres-Gil, Karra Bikson Moga
The Emerging Nexus Of Aging And Diversity: Implications For Public Policy And Entitlement Reform, Fernando Torres-Gil, Karra Bikson Moga
Marquette Elder's Advisor
This article examines the impending nexus of population aging and diversity in the United States. With the dramatic increase of older persons and minority and ethnic groups- particularly Hispanics- the intersection of these trends will have important consequences for all aspects of U.S. society, including public policy, legislation, retirement planning, and economics.
Book Review: Elders On Trial: Age And Ageism In The American Legal System, Olivia M. Wong
Book Review: Elders On Trial: Age And Ageism In The American Legal System, Olivia M. Wong
Marquette Elder's Advisor
In the first part of the book Howard Eglit discusses ageism and the changing of attitudes toward citizens as they age. The second part explores aging as it relates to the legal system, including issues of particular importance to seniors, increasing litigation involving the elderly, lawyer/elderly client issues, possible discrimination in jury selection, and the issues of competence of elderly judges.
Essay: The Re-Tooling And Re-Telling Of The Social Security, Medicare, And Medicaid Programs: Will We Retain The Sixty-Year-Old Values Of A "National Community" Or Begin With A "Clean Slate?", Stephanie Sue Stein
Marquette Elder's Advisor
This essay focuses on the change taking place in America's attitude towards major social programs that benefit the elderly. Stein suggests that reforming these programs reverses the concept of the national community providing for the needs of the elderly to letting people decide how best to provide for themselves in retirement, to the detriment of many of our most needy and vulnerable elderly.
From The Margins To Pacesetting: The Place Of The Elderly In U.S. Legal History From A Historian's Perspective, W. Andrew Achenbaum
From The Margins To Pacesetting: The Place Of The Elderly In U.S. Legal History From A Historian's Perspective, W. Andrew Achenbaum
Marquette Elder's Advisor
Prior to the Civil War, the small percentage of Americans who were elderly lived on the margins of society. Uncared-for poor elderly persons could be placed in poor-houses. Achenbaum discusses the evolution, through veteran's benefits, Social Security, corporate and union pension plans, and Medicare to a society where the care and well-being of the elderly are among the most important legal issues of the day.
Social Values And Older Persons: The Role Of The Law, Marshall B. Knapp
Social Values And Older Persons: The Role Of The Law, Marshall B. Knapp
Marquette Elder's Advisor
Kapp discusses the relationship of law to social values, and how laws can permit, require, or restrain certain activities. Further discussion involves how laws, such as the Age Discrimination Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the Fair Housing Act impact the elderly, and then asks whether the law alone is enough to protect the elderly.
Protecting The Gold In The Golden Years: Practical Guidance For Professionals On Financial Exploitation, Julie A. Lemke, Seymour Moskowitz
Protecting The Gold In The Golden Years: Practical Guidance For Professionals On Financial Exploitation, Julie A. Lemke, Seymour Moskowitz
Marquette Elder's Advisor
The authors discuss financial exploitation of the elderly from multi-disciplinary viewpoints. The role of attorneys, including conflicts of interest, is explored along with practical prevention tools and remedies. Ways that financial institutions can protect their customers, including bank reporting projects, are investigated. Roles that the clergy, adult protective services, legislatures, and the police can play are discussed and an appendix of elder abuse hotlines is included.
Book Review: The Law And The Older Persons: Is Geriatric Jurisprudence Therapeutic?, Jennifer Jedrzejewski
Book Review: The Law And The Older Persons: Is Geriatric Jurisprudence Therapeutic?, Jennifer Jedrzejewski
Marquette Elder's Advisor
Marshall Kapp discusses Therapeutic Jurisprudence, the study of law's healing potential and the actual impact of laws. He states that laws designed to help the elderly often focus on enforcement rather than assisting beneficiaries. Kapp suggests that TJ inquiries should include the effects on seniors, including discussions about regulatory control, increased costs, guardianship, long-term care, mental health, and research projects involving the elderly.
Serving Our Elders- Advocates And Adversaries, Stephanie Sue Stein
Serving Our Elders- Advocates And Adversaries, Stephanie Sue Stein
Marquette Elder's Advisor
While the Older Americans Act creates a remarkable structure under which various advocates can work together for the benefit of the elderly, situations can arise in which different viewpoints or interpretations of law can pit advocates against each other. Three case study examples are given. Stein acknowledges that different perspectives are inevitable and recommends working together instead of letting disputes escalate.
The Disjunction Between Prevention And Compensation Of Hip Fractures Among Elderly Citizens: The Law's Role In Creating Ex Ante Incentives, Janis Sarra
Marquette Elder's Advisor
This article examines the relationship between the compensation for and the prevention of hip fractures among the growing population of seniors in Canada. Sarra postulates that the current system expends funds on liability protection that would be better spent on prevention. Options explored are no-fault compensation, redirecting legal resources, negotiated risk, and adjust[ing] the tax base to ensure that there are sufficient resources to support elderly individuals.
Book Review: Elder Mistreatment: Abuse, Neglect, And Exploitation In An Aging America, Marshall B. Kapp
Book Review: Elder Mistreatment: Abuse, Neglect, And Exploitation In An Aging America, Marshall B. Kapp
Marquette Elder's Advisor
While congress considers (and passes) legislation to fight elder mistreatment, most legal action occurs at the state level through state Adult Protection Service laws, often imposing criminal liability on elder mistreatment. Mandatory or voluntary reporting laws apply in many states. The National Research Council Report recommends enhanced research on the effectiveness of various interventions, and recommends that researchers be exempt from reporting requirements.
Life Care Agreements: A Contractual Jekyll And Hyde?, Donna S. Harkness
Life Care Agreements: A Contractual Jekyll And Hyde?, Donna S. Harkness
Marquette Elder's Advisor
Many seniors who plan to surrender title to their home, often their only major asset, in exchange for the promise of life-long care often fail to seriously consider possible pitfalls and take the necessary steps to prevent them, being overly trustful of close family members or friends. Several options are suggested, along with ways to make such a transaction more equitable to all parties.
Guardianship As A Cultural System: Reflections On The Illinois Guardianship Reform Project, Morris A. Fred
Guardianship As A Cultural System: Reflections On The Illinois Guardianship Reform Project, Morris A. Fred
Marquette Elder's Advisor
This article discusses the reasons for and the problems encountered in setting up the Illinois Guardianship Reform Project. Investigative newspaper articles detailing widespread abuses aroused public demand for reforms. Fred postulates that a change in attitudes and behaviors in regard to the disabled and aging is necessary to balance the widely differing points of view of the various care-givers and court systems in order to both protect the rights of self-determination and provide necessary care
Older Adults And Addiction: Why We Should Care, Carol Colleran
Older Adults And Addiction: Why We Should Care, Carol Colleran
Marquette Elder's Advisor
Colleran explains some of the causes of alcohol and medication dependence in older adults, such as voluntary or involuntary retirement, death of a loved one, a change of residence, or health problems such as pain or insomnia. Warning signs are detailed, and suggestions for approaching seniors with these problems, including intervention, are given. A list of additional resources is included.
Consumer-Driven Long Term Care: Shaping He Government's Role, Marshall B. Kapp
Consumer-Driven Long Term Care: Shaping He Government's Role, Marshall B. Kapp
Marquette Elder's Advisor
This article explores the movement of government and insurance-paid long-term care programs which tend to delineate which services are provided toward a more consumer-driven model. Kapp discusses the necessity of informing consumers of the options available, regulations needed to assure that autonomous consumers have alternative options available, and the criteria needed to assure that clients with inadequate decisional capacity have their interests represented.
Elder Mediation: Optimizing Major Family Transitions, Rikk Larsen, Crystal Thorpe
Elder Mediation: Optimizing Major Family Transitions, Rikk Larsen, Crystal Thorpe
Marquette Elder's Advisor
This article postulates that mediation may be an effective way for families to make difficult decisions on how to best care and provide for an elderly family member with declining abilities. Bringing all involved family members together and allowing all to be involved in the decision-making process invests each with a responsibility for decisions made from all the options available.
What Is Wrong With The Long-Term Care Reforms In The Defecit Reduction Act Of 2005? , Ellen O'Brien
What Is Wrong With The Long-Term Care Reforms In The Defecit Reduction Act Of 2005? , Ellen O'Brien
Marquette Elder's Advisor
Cutting Medicaid is unlikely to substantially increase private sources of long-term care financing, and future financing reform needs to focus on the actual flaws in the current means-tested system of long-term care financing. In order to make this argument, this article briefly describes the goals of the DRA and the policy reforms that seek to limit eligibility for the middle-class elderly. Next, the article draws on a wide range of empirical studies conduct over the past two decades to demonstrate that the impact of Medicaid planning is not quantitatively significant, and that by and large, the elderly assume substantial personal …
Closing The Gap Between Knowledge And Practice In The U.S. Long-Term Care System, Larry Polivka
Closing The Gap Between Knowledge And Practice In The U.S. Long-Term Care System, Larry Polivka
Marquette Elder's Advisor
The push for Medicaid reform is evident in the Deficit Reduction Act (DRA), which was crafted, in part, as a response to state-level dissatisfaction with existing waiver options. The DRA spells significant changes for Medicaid, as it institutes deep revisions of some of the program's core elements. The most significant components of the DRA's reforms include the expansion of state options and the simplification of the option approval process. This article examines the newly available options that will most notably affect Medicaid services to the elderly, especially long-term care, and it summarizes program revisions under consideration or active development.
Negotiating For Resident-Centered Care, Eric M. Carlson
Negotiating For Resident-Centered Care, Eric M. Carlson
Marquette Elder's Advisor
This article examines how lack of consumer knowledge contributes to the current disparities in residential care. Carlson explains how consumers can negotiate for better service and get their care tailored to their specific needs through managing interactions with the healthcare professionals and facility staff. The article also acknowledges that there is currently a gradual change occurring in residential care.
International Rights Of Older Persons: What Difference Would A New Convention Make To Lives Of Older People?, Israel Doron, Itai Apter
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 …
Policy And Custodial Grandparents, Carole B. Cox
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.
The Elderly With A Disability: Social Security And Representative Payment, Michael J. Churgin
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.
Disability And Aging: Historical And Contemporary Challenges, William N. Myhill, Peter Blanck
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, Phoebe Weaver Williams
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
Due Process And The Guardian Ad Litem In Elder Law Disputes: Which Hat Will She Don With Her Cloak Of Neutrality?, Roger A. Eddleman, John A. Dinucci
Due Process And The Guardian Ad Litem In Elder Law Disputes: Which Hat Will She Don With Her Cloak Of Neutrality?, Roger A. Eddleman, John A. Dinucci
Marquette Elder's Advisor
No abstract provided.
A Group Home Exclusively For Married Couples With Developmental Disabilities: A Natural Next-Step, Marissa Debellis
A Group Home Exclusively For Married Couples With Developmental Disabilities: A Natural Next-Step, Marissa Debellis
Touro Law Review
No abstract provided.
Letter Regarding Irs Form 8955-Ssa Participant Notice Requirement, Mia Midenjak, Ellen A. Bruce
Letter Regarding Irs Form 8955-Ssa Participant Notice Requirement, Mia Midenjak, Ellen A. Bruce
Pension Action Center Publications
On April 27, 2012, the Pension Action Center wrote to the Internal Revenue Service to advocate for the pension rights of American workers and retirees. The Pension Action Center’s letter was prompted by a request from the American Society of Pension Professionals and Actuaries (ASPPA) that plans be relieved of their legal obligation to notify departing workers of their right to a pension.
Long-Term Services And Supports (Ltss): Arlington County's Integrated Approach, Carol O'Shaughnessy, Lisa Sprague
Long-Term Services And Supports (Ltss): Arlington County's Integrated Approach, Carol O'Shaughnessy, Lisa Sprague
National Health Policy Forum
The National Health Policy Forum sponsored a local site visit looking at community-based aging programs and long-term services and supports (LTSS) in Arlington County, Virginia. Arlington County human services are integrated under an umbrella agency in the Department of Human Services (DHS) which administers multiple programs for the elderly and people with disabilities. These include the Older Americans Act services, Medicaid LTSS, transportation services, a nursing case management program, and mental health services for those living in nursing homes and assisted living facilities. Arlington County integrates its aging and disability programs under the auspices of an Administration on Aging-funded Aging …
Protect Your Pension: Important Documents You Should Keep, Mia Midenjak
Protect Your Pension: Important Documents You Should Keep, Mia Midenjak
Pension Action Center Publications
No matter what kind of pension or retirement plan your employer offers, you should keep certain documents indefinitely to ensure that your retirement benefit is paid correctly. Based on our experience with finding lost retirement income and assisting workers and retirees to get the benefits they have earned, we recommend that you save the following information.
Evaluating Economic Security For Massachusetts Seniors, Jan Mutchler, Ellen A. Bruce, Alison Gottlieb, Jiyoung Lyu, Yao‐Chi Shih, Gerontology Institute, University Of Massachusetts Boston
Evaluating Economic Security For Massachusetts Seniors, Jan Mutchler, Ellen A. Bruce, Alison Gottlieb, Jiyoung Lyu, Yao‐Chi Shih, Gerontology Institute, University Of Massachusetts Boston
Office of Community Partnerships Posters
The Elder Economic Security Standard Index measures the income that Massachusetts’ seniors need to maintain independence and meet basic living expenses. The sizable gap between Social Security benefits and living expenses occurs throughout Massachusetts, but is more substantial for singles than for couples. Those who are older, single, female or a member of a racial or ethnic minority group are exposed to especially high risk of falling short of Index values. The Elder Index estimates the living costs for seniors in every locality in the country and serves as a valuable tool for community members, policy makers, and those working …