Digital Commons Network^™

Planning For Alzheimer's Disease With Mental Health Advance Directives, Lisa Ellen Brodoff

Faculty Articles

Mental Health Advance Directives (MHAD) have long been used for life planning in the context of debilitating mental conditions such as dementia and schizophrenia. As early detection and diagnosis of Alzheimer's disease has become increasingly more possible, Professor Brodoff argues in this Article that MHADs can be an extremely effective tool for planning for a future with Alzheimer's disease. Professor Brodoff suggests that all attorneys who assist clients with estate planning create a MHAD, particularly those clients who have been diagnosed with Alzheimer's disease and those with the disease in their families. The MHAD is designed to aid caregivers and …

The Lesson Of The Irish Family Pub: The Elder Clinic Path To A More Thoughtful Practice, Katherine C. Pearson

Faculty Scholarship

In this article, the Director of the Elder Law Clinic at Pennsylvania State University provides insight into the development of Elder Law as a unique discipline by tracking the history and challenges faced by her program as it approaches ten years of operation. A core focus of the Elder Law clinic, beyond practical experience, is to expose its students to the ethical issues confronted in Elder Law practice. Students in the clinic combine classroom discussions with practical experience representing clients, thereby becoming better prepared for their professional futures, while also gaining appreciation for the special concerns of the elderly client. …

The Elder Economic Security Initiative™ Program: The Elder Economic Security Standard™ Index For West Virginia, Gerontology Institute, University Of Massachusetts Boston, Wider Opportunities For Women

Gerontology Institute Publications

This report addresses income adequacy for West Virginia’s older adults using the WOW-GI national Elder Economic Security Standard Index (Elder Index) methodology. The Elder Index benchmarks basic costs of living for elder households and illustrates how costs of living vary geographically and are based on the characteristics of elder households, including household size, home ownership or renter status, and health status. The costs are based on market costs for basic needs of elder households and do not assume any public or private supports.

The Elder Economic Security Initiative™ Program: The Elder Economic Security Standard™ Index For New Mexico, Gerontology Institute, University Of Massachusetts Boston, Wider Opportunities For Women

Gerontology Institute Publications

This report addresses income adequacy for New Mexico’s older adults using the WOW-GI National Elder Economic Security Standard Index (Elder Index) methodology. The Elder Index benchmarks basic costs of living for elder households and illustrates how costs of living vary geographically and are based on the characteristics of elder households, including household size, home ownership or renter status and health status. The costs are based on market costs for basic needs of elder households and do not assume any public or private supports.

Enhancing The Effectiveness Of Mediation In Korean-American Family Disputes: Cultural Sensitivity Training For Mediators And Co-Mediation Teams, Giyang An

Cardozo Journal of Conflict Resolution

This Note focuses primarily on first generation KoreanAmerican women who remain loyal to community values that follow traditional Korean norms, especially when it comes to gender and family roles. To demonstrate the effects of these social values, this Note will analyze conflicts stemming from the various roles and identities (e.g., as a wife or mother) of Korean-American women. In addition, this Note will discuss the different ways Koreans and Americans view the legal systems in their respective countries, and how Koreans generally have a more favorable view of mediation than the confrontational model of litigation. This Note will focus on …

Rethinking Guardianship (Again): Substituted Decision Making As A Violation Of The Integration Mandated Of Title Ii Of The Americans With Disabilities Act, Leslie Salzman

Articles

In every state, when an adult has a diminished capacity to make decisions about personal affairs or property management, a court may transfer the individual’s right to make decisions to a guardian. This Article argues that, in most cases, it would be preferable to support decision making rather than supplant it through guardianship, and then seeks to locate a right to receive such support as a less restrictive alternative to the substituted decision making that characterizes guardianship.

Building on the reasoning in Olmstead v. L.C. and subsequent decisions interpreting the Americans with Disabilities Act’s integration mandate, this Article argues that …

Physician-Assisted Suicide And Dementia: The Impossibility Of A Workable Regulatory Regime, John B. Mitchell

Faculty Articles

Currently, four-and-a-half million Americans are afflicted with Alzheimer’s Disease, accounting for roughly half the cases of adult dementia, and fourteen million cases are projected by mid-century. With the coalescence of the baby boomers, managed health care, and increasingly scarce health care resources, our society must brace to face a social and legal policy challenge of enormous importance and complexity. In this circumstance, the inevitable call for access to physician-assisted suicide, likely triggered through some form of living will, will need to be considered within a context far different than the current focus of the assisted-suicide debate on terminal illness. Asserting …

African Americans Can't Win, Break Even, Or Get Out Of The System: The Persistence Of “Unequal Treatment ” In Nursing Home Care, Ruqaiijah A. Yearby

All Faculty Scholarship

Empirical data show that racial disparities in the quality of care provided by nursing homes are a common occurrence, not isolated to Illinois. Nine years after the publication of the groundbreaking Institute of Medicine Study (“IOM study”) Unequal Treatment: Confronting Racial and Ethnic Disparities in Healthcare, which acknowledged continued racial disparities in health care and provided suggestions for the elimination of these disparities, racial disparities still remain. One chief example of the continuation of racial disparities in health care is in the provision of nursing home care.

Decades of empirical research studies have shown that racial disparities in accessing quality …

The Role Of Ombudsmen In Assuring Quality For Residents Of Long-Term Care Facilities: Straining To Make Ends Meet, Carol O'Shaughnessy

National Health Policy Forum

Assuring quality of care for residents in long-term care facilities has been a serious and continuing concern of policymakers for decades. The Older Americans Act’s long-term care ombudsman program is a consumer advocacy model intended to improve quality of care by helping the 2.5 million residents of almost 67,000 nursing and other residential care facilities resolve complaints about their care and protect their rights. Despite broad recognition of its value in assisting residents and its efforts to complement federal and state oversight of long-term care facilities, some observers are concerned about the program’s ability to meet its legislative mandates. Limited …

Assuming Elder Care Responsibility: Am I A Caregiver?, Lindsey E. Wylie, Eve M. Brank

Department of Psychology: Faculty Publications

Caregivers of the elderly face conflicting legal demands; they must make certain the elder’s needs are being met while not forcing undesired care on an adult capable of informed decisions. This dichotomy may be a reason a large volume of reported elder abuse derives from unintentional neglect on behalf of informal familial caregivers. The current research examines this possibility with exploratory interviews and an experiment. The interviews between elders and their family (30 dyads) revealed that many did not intend for the living arrangements to become permanent, and the nonelders were largely unprepared for the magnitude of changes and responsibilities …

Deporting Grandma: Why Grandparent Deportation May Be The Next Big Immigration Crisis And How To Solve It, Marcia A. Yablon-Zug

Faculty Publications

This Article explores the issue of grandparent caregiver deportation. The phenomenon of grandparents raising grandchildren is not new, but the number of children being raised by grandparents is at an all-time high and growing. Numerous circumstances can lead to a grandparent's assumption of caregiving responsibilities, but in most cases, grandparents assume this role because there is no one else. For thousands of children, grandparents are the only family they have, and without them these children would be placed in foster care and subject to the serious problems that plague children in foster care. The importance of grandparent caregivers cannot be …

Patient Neglect In Nursing Homes And Long-Term Care Facilities In New York State: The Need For New York To Implement Programs And Procedures To Combat Elder Neglect, Amanda Bassen

Cardozo Public Law, Policy & Ethics Journal

The article argues that New York State must enhance its legal framework and programs to address the prevalent issue of patient neglect in nursing homes and long-term care facilities. It emphasizes the need for stricter staffing requirements, improved training for caregivers, and more stringent penalties for neglect, drawing on successful models from other states and international efforts to raise awareness and implement effective solutions.

The Pension Factor: Assessing The Role Of Defined Benefit Plans In Reducing Elder Hardships, Frank Porell, Beth Almeida

Gerontology Institute Publications

Traditional defined benefit (DB) pension plans have long been an important source of income for elder households seeking to maintain a middle-class standard of living after a lifetime of work. Under traditional DB plans, retirees receive a guaranteed, regular stream of income after retirement that continues until death.

The monthly pension benefit is typically based on years of service to the employer, age, and salary history. Retirees also have the option to elect a joint-and-survivor benefit, to ensure that pension payments continue to a surviving spouse. DB plan participation rates among private sector American workers have sharply decreased from about …

Finding A Lost Pension, Pension Action Center, Gerontology Institute, University Of Massachusetts Boston, Pension Benefit Guaranty Corporation

Pension Action Center Publications

Workers may be tempted to shrug their shoulders and write off the pensions as “lost.” Indeed, some pensions may in fact be gone forever. In many cases, though, the pension money is sitting safely in a fund, waiting only for the worker (or a surviving spouse or beneficiary) to come forward to collect it. If you think you may be entitled to money in a pension fund, either as a participant or as a spouse or beneficiary of a participant, it makes sense to try to track it down. This booklet, which is based on the experience of pension counselors, …

Evidence And Ideology In Assessing The Effectiveness Of Financial Literacy Education, Lauren E. Willis

San Diego Law Review

Financial literacy education has long been promoted as key to consumer financial well-being. It is widely embraced as an effective alternative to substantive legal regulation. Yet its effectiveness has never had more than negligible empirical support. This review (1) sets forth the model of financial literacy education subscribed to by policymakers today, (2) identifies pervasive and serious limitations in existing empirical research used by policymakers as evidence of the effectiveness of this education, and (3) recommends a number of alternative public policies suggested by the existing research. Researchers should be particularly cautious in the presentation of their findings, so that …

Coordinating Care For People With Multiple Chronic Conditions: The Guided Care Model And Other Innovative Approaches, Judith D. Moore, Carol O'Shaughnessy

National Health Policy Forum

The Forum sponsored two site visits to explore the Johns Hopkins University's research and demonstration program on Guided Care, in April and August 2009. Guided Care is a patient-centered medical home model that uses an interdisciplinary approach to coordinating health care for older people with multiple chronic conditions. Guided Care nurses located in primary care practices work with Medicare patients on a long-term basis, coordinate their care among various providers, provide transitional care, and assist patients with self-management skills. Site visit participants learned about the complexities of caring for frail Medicare patients, some of whom see multiple physicians and other …

Defining Family: Naming, Orientation, And Redemption In The Case Of Terri Schiavo, M. Chad Mcbride, Karen L. Taas, Paige W. Toller

Communication Faculty Publications

This paper undertakes a detailed analysis of the Terri Schiavo case as it was covered in popular media. Drawing on Burkean theory, we argue a critical issue in the case was a struggle between Terri's parents and husband to be seen as the more legitimate family in order to determine the duration and extent of Terri 's medical care. We discuss how the private debate over Terri's health and the decision to remove her feeding tube entered into the public scenes of legal and political action. This shift to the public scene represented problems for the parties directly involved in …

Journals' Policies On Compliance With The Nih Public Access Policy, Carolina Population Center, Unc

Copyright, Fair Use, Scholarly Communication, etc.

This resource provides information about select journals' policies related to the NIH Public Access Policy. Many of these journals are based in the social sciences and publish population research articles. Authors who publish in a journal listed below can quickly determine whether the publisher has a policy, who must submit the manuscript and which version to submit to PubMed Central, as well as the embargo period. Journal titles were gathered from the ISI Journals Citation Reports in the subject categories of Demography, Sociology, Economics, and Gerontology. Additional titles were supplied by members of the Association for Population/Family Planning Libraries and …

North America's Native Peoples: A Social Justice And Trauma Counseling Approach, Sherri Turner, Mark Pope

Education Sciences and Professional Programs Faculty Works

This article understands North America's indigenous peoples in the context of social justice. The authors discuss the role of legislation in shaping cultural contexts of indigenous people and influencing mental health issues in Native American communities. Trauma counseling with Native Americans is explored.Este artículo entiende a los habitantes indígenas de norteamérica en el contexto de la justicia social. Los autores discuten el papel que juega la legislación en la formación de los contextos culturales de los pueblos indígenas y la influencia que ejerce en los problemas de salud mental en las comunidades de Americanos Nativos. Se explora la terapia de …

Irreconcilable Differences? The Troubled Marriage Of Science And Law, Susan Haack

Articles

No abstract provided.

Vebas To The Rescue: Evaluating One Alternative For Public Sector Retiree Health Benefits, 42 J. Marshall L. Rev. 879 (2009), Susan E. Cancelosi

UIC Law Review

No abstract provided.

Age Discrimination In The Delivery Of Health Care Services To Our Elders, Phoebe Weaver Williams

Faculty Publications

The problem of health care providers making age biased decisions when treating elderly patients has received considerable attention and condemnation from both medical and social science researchers. When health care providers offer inappropriate or less care to patients because of their advanced chronological age, they potentially violate the Age Act of 1975. However, a review of the cases litigated under the Age Act suggests that advocates, regulators, and elders have not used the Age Act to address even the most blatant ageist practices in health care. Using methods developed to identify unlawful discrimination under employment and civil rights laws, this …

The Curious Case Of Disparate Impact Under The Adea: Reversing The Theory's Development Into Obsolescence, R. Henry Pfutzenreuter Iv

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Securities Law And Antitrust Law: Two Legal Titans Clash Before The United States Supreme Court In Credit Suisse Securities V. Billing, Stacey Sheely Chubbuck

Oklahoma Law Review

No abstract provided.

Elder Economic Security Initiative™ Program: The Elder Economic Security Standard™ Index For Minnesota, Gerontology Institute, University Of Massachusetts Boston, Wider Opportunities For Women

Gerontology Institute Publications

This report addresses income adequacy for Minnesota’s older adults using the national WOW-GI National Elder Economic Security Standard Index (“the Elder Index”) methodology. The Elder Index benchmarks basic costs of living for elder households and illustrates how costs of living vary geographically and are based on the characteristics of elder households, including household size, home ownership or renter status, and health status. The costs are based on market costs for basic needs of elder households and do not assume any public or private supports.

The Elder Economic Security Initiative™: The Elder Economic Security Standard™ Index For Michigan, Gerontology Institute, University Of Massachusetts Boston, Wider Opportunities For Women

Gerontology Institute Publications

This report addresses income adequacy for Michigan’s older adults using the national WOW-GI National Elder Economic Security Standard Index (Elder Index) methodology. The Elder Index benchmarks basic costs of living for elder households and illustrates how costs of living vary geographically and are based on the characteristics of elder households, including household size, home ownership or renter status, and health status. The costs are based on market costs for basic needs of elder households and do not assume any public or private supports.

The Elder Economic Security Initiative™ Program: The Elder Economic Security Standard™ Index For New Jersey, Gerontology Institute, University Of Massachusetts Boston, Wider Opportunities For Women

Gerontology Institute Publications

This report addresses income adequacy for New Jersey’s older adults using the national WOW-GI National Elder Economic Security Standard Index (Elder Index) methodology. The Elder Index benchmarks basic costs of living for elder households and illustrates how costs of living vary geographically and are based on the characteristics of elder households, including household size, home ownership or renter status, and health status. The costs are based on market costs for basic needs of elder households and do not assume any public or private supports.

The Elder Economic Security Initiative™ Program: The Elder Economic Security Standard™ Index For Connecticut, Gerontology Institute, University Of Massachusetts Boston, Wider Opportunities For Women

Gerontology Institute Publications

This report addresses income adequacy for Connecticut’s older adults using the national WOW-GI National Elder Economic Security Standard Index (Elder Index) methodology. The Index benchmarks basic costs of living for elder households and illustrates how costs of living vary geographically and are based on the characteristics of elder households, including household size, home ownership or renter status, and health status. The costs are based on market costs for basic needs of elder households and do not assume any public or private supports.

The Massachusetts Elder Economic Security Initiative, Gerontology Institute, University Of Massachusetts Boston, Wider Opportunities For Women

Gerontology Institute Publications

The Massachusetts Elder Econamic Security Initiative offers concrete tools to shape public policies and programs to promote the economic well-being of elders. The Initiative uses the Elder Economic Security Standard Index (Elder Index) to reveal the economic vulnerability of older adults on a county-by-county basis. The Elder Index will change the way we address the economic needs of Massachusetts' older adults.

Lifelines For Elders Living On The Edge: How Elder Support Programs Compare To Living Costs. The Elder Economic Standard Index™ For Massachusetts, Laura Henze Russell

Gerontology Institute Publications

This report examines the array of federal and state support programs for elders in Massachusetts. It asks how well the lifelines - the support programs that have been set up to help low- and modest-income elders meet basic needs when costs exceed incomes – work in today’s economy. Which programs are serving elders well? Have they kept pace with inflation? Which lifelines are frayed, or about to rupture? Do seniors know about the programs, and use them when needed?