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First Bipartisan Medicare Reform Bill, John Breaux Aug 2012

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.

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Nursing Facility Coverage Under Medicare, Edward Dale, Cheryldiane Feuerman Aug 2012

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.

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Transferring Wealth With The Grantor Retained Annuity Trust: Gratifying Results At Low Cost, Barbara Freedman Wand Aug 2012

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.

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Senior Housing Advertising: Sending The Right Message Under The Fhaa, Victoria M. De Lisle, Robert W. Mouton Aug 2012

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.

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Growth And Development Of The Assisted Industry, William F. Lasky Aug 2012

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.

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Cognitive Dysfunction, Medications, And Legal Issues, Antoinette Harrison Aug 2012

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.

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Realizing The Right To Counsel In Guardianship: Dispelling Guardianship Myths, Patricia M. Cavey Aug 2012

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.

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Elder Law Incapacity Planning, Cynthia L. Barrett Aug 2012

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.

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Defects, Due Process, And Protective Proceedings, Susan G. Haines, John J. Campbell Aug 2012

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.

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Retirees Can Benefit From Roth Iras, Sara Buscher Aug 2012

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.

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From The Editor, Alison Mcchrystal Barnes Aug 2012

From The Editor, Alison Mcchrystal Barnes

Marquette Elder's Advisor

No abstract provided.

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Table Of Contents Aug 2012

Table Of Contents

Marquette Elder's Advisor

No abstract provided.

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E-Ethics, Michael K. Mcchrystal Aug 2012

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.

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Book Review: Public And Private Responsibilities In Long-Term Care: Finding The Balance, Jane Rupprecht Mulcahy Aug 2012

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.

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Guardianship Reform Revisited After 10 Years, Andrew P. Brusky Aug 2012

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.

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Hospital Coverage Under Medicare, Edward Dale, Cheryldiane Feuerman, Tina Georgiades Aug 2012

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.

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Elder Law-Related Organizations On The Internet, Robin C. Schard Aug 2012

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.

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Informed Consent For Electroconvulsive Therapy, Richard E. Finlayson Aug 2012

Informed Consent For Electroconvulsive Therapy, Richard E. Finlayson

Marquette Elder's Advisor

Despite the controversy surrounding the procedure, electroconvulsive therapy (ECT) remains an effective treatment for certain mental disorders among the elderly. This article introduces certain issues that physicians should consider and deal with effectively to ensure proper treatment and optimal results for patients.

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The Qualified Personal Residence Trust: Passing Wealth To The Next Generation At A Reduced Transfer Tax Cost, Barbara Freedman Wand Aug 2012

The Qualified Personal Residence Trust: Passing Wealth To The Next Generation At A Reduced Transfer Tax Cost, Barbara Freedman Wand

Marquette Elder's Advisor

Although the qualified personal residence trust can be effective for transferring substantial wealth to the next generation at a significantly reduced transfer tax cost, the transfer of a personal residence to family members can raise complex family issues. This article examines both the non-tax and tax issues related to the qualified personal residence trust, including qualification requirements under Section 2702 of the Internal Revenue Code.

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Protecting The Disabled Individual Through The Use Of A Medicare Set-Aside Trust, Susan G. Haines, John J. Campbell Aug 2012

Protecting The Disabled Individual Through The Use Of A Medicare Set-Aside Trust, Susan G. Haines, John J. Campbell

Marquette Elder's Advisor

In America, plaintiffs in tort settlements receive more benefits, including Medicare benefits, than plaintiffs in worker's compensation cases. A properly established Medicare set-aside trust can guarantee that a disabled worker's Medicare benefits will be available after a worker's compensation settlement. This article discusses the theory behind a Medicare set-aside trust and tips for properly using it.

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Disclaimer And Elective Share In The Medicaid Context, Cynthia L. Barrett Aug 2012

Disclaimer And Elective Share In The Medicaid Context, Cynthia L. Barrett

Marquette Elder's Advisor

Disclaimers of inheritance must be handled with care to ensure that they do not harm the long-term benefits provided by the federal Medicaid program. This article explores recent developments in Medicaid law, some disclaimer situations in practice, and effects of forced elective shares on Medicaid benefits. This article also discusses various means to plan for Medicaid, including the use of a Special-Needs Right-of-Election Trust.

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Editorial Views: Choosing And Death, Alison Mcchrystal Barnes Aug 2012

Editorial Views: Choosing And Death, Alison Mcchrystal Barnes

Marquette Elder's Advisor

This article examines whether death can be handled with dignity. By looking at various world views surrounding questions about ending one's life, the author discusses when the benefits may be diminished or futile.

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Ticking Time Bombs In Ira Planning For Professionals, Jack E. Stephens Aug 2012

Ticking Time Bombs In Ira Planning For Professionals, Jack E. Stephens

Marquette Elder's Advisor

Individual retirement accounts (IRAs) are generally a significant part of any client's estate these days. Professional estate planners must familiarize themselves with the multifarious rules that affect IRAs and take into account basic planning requirements to avoid potential catastrophic tax traps for the client and liability for the advisor. This article highlights twenty-two significant issues with IRAs that estate planners must address.

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Paying For Terminal Illness Aug 2012

Paying For Terminal Illness

Marquette Elder's Advisor

The need for public assistance for terminal care has moved death itself from a private family matter to the public professional sphere. Congress intended Medicare hospice coverage to be comprehensive, but its eligibility rules and per diem limits deprive some patients of needed care. This article examines these limits and the alternative models for care of the dying.

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When A Person Wants To Die: Legal Considerations, Charles F. Mckhann Aug 2012

When A Person Wants To Die: Legal Considerations, Charles F. Mckhann

Marquette Elder's Advisor

Individuals throughout the nation are examining their personal options to determine end-of-life decisions. This article examines the medical reasons why people may want to die, the legal background and current status of existing laws, the various options open to the terminally ill person (voluntary dehydration, suicide, assisted dying, euthanasia, and the double effect), and the role of the legal counselor.

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The Bright Misplaced Line: Persistent Vegetative State And Withdrawal Of Artificial Sustenance, James A. Jaeger Aug 2012

The Bright Misplaced Line: Persistent Vegetative State And Withdrawal Of Artificial Sustenance, James A. Jaeger

Marquette Elder's Advisor

One of the most troublesome issues with end-of-life decision making is the withdrawal of tube feeding, which became more problematic following the Wisconsin decision in the Edna M.F. case. This article examines case law on this issue, reviews some of the medical literature on the effects of withdrawing a feeding tube, reviews case law developments in other states, and articulates what would be a workable approach to this issue.

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Board Of Advisors Aug 2012

Board Of Advisors

Marquette Elder's Advisor

No abstract provided.

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From The Editor, Alison Mcchrystal Barnes Aug 2012

From The Editor, Alison Mcchrystal Barnes

Marquette Elder's Advisor

No abstract provided.

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Table Of Contents Aug 2012

Table Of Contents

Marquette Elder's Advisor

No abstract provided.

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The Assessment Of Mental Competence: Factors Affecting The Process, Richard E. Finlayson Aug 2012

The Assessment Of Mental Competence: Factors Affecting The Process, Richard E. Finlayson

Marquette Elder's Advisor

In this column, the author examines factors that can complicate the assessment of determining a patient's mental competence.

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