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The Secondary Market For Life Insurance Policies: Uncovering Life Insurance's "Hidden" Value, Neil A. Doherty, Brian A. O'Dea, Hal J. Singer Aug 2012

The Secondary Market For Life Insurance Policies: Uncovering Life Insurance's "Hidden" Value, Neil A. Doherty, Brian A. O'Dea, Hal J. Singer

Marquette Elder's Advisor

Increasingly common usage of the secondary market for life insurance policies is discussed in this article which explains the secondary market and describes the benefits of viatical and life settlement firms as well as accelerated death benefits. Changing regulations of the secondary market and suggested ways for counselors to assist clients in specific circumstances are included.

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Elder Law And Estate Planning For Gay And Lesbian Individuals And Couples, Ralph Randazzo Aug 2012

Elder Law And Estate Planning For Gay And Lesbian Individuals And Couples, Ralph Randazzo

Marquette Elder's Advisor

This comprehensive article discusses the unique problems in estate planning encountered by gays and lesbians. Among the items explored are joint representation, advance directives, guardianship, long-term care planning and insurance, Medicare and Medicaid planning, nursing home care, exempt transfers, wills, revocable trusts, gift taxation, and the unique problems encountered which counselors must consider when representing gay and lesbian clients.

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Grandparents' Visitation Rights: A Survey Of Reciprocal Kinship-Ties Based In Historical Common Law And Legislative Policies, Jane E. Atkinson Aug 2012

Grandparents' Visitation Rights: A Survey Of Reciprocal Kinship-Ties Based In Historical Common Law And Legislative Policies, Jane E. Atkinson

Marquette Elder's Advisor

This article presents an in-depth exploration of the view that family ties and relationships should play an important role in determining grandparent-grandchild visitation rights, based on the important role of the extended family throughout recorded history. Atkinson postulates that post-Troxel visitation decisions should include increased consideration of the value to the child of grandparent visitation.

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Table Of Contents Aug 2012

Table Of Contents

Marquette Elder's Advisor

No abstract provided.

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Medicare Advantage Private Fee-For-Service Plans: What Privatization Means For Today's Beneficiaries, Melissa M. Ostrowski Aug 2012

Medicare Advantage Private Fee-For-Service Plans: What Privatization Means For Today's Beneficiaries, Melissa M. Ostrowski

Marquette Elder's Advisor

Originally solely a government-administered program, Medicare is now offering options involving private insurers. Private fee-for-service plans may offer additional benefits and lower out-of-pocket costs. These plans are expected to have lower administrative costs, but currently require a government subsidy. Advantages and disadvantages of such plans are discussed, and examples showing detailed cost comparisons of two plans, SmartValue Classic and Humana Gold Choice, are given.

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The Legal Status Of Gambling In America's Senior Communities , Marc J. Randazza, Daniel Russell Aug 2012

The Legal Status Of Gambling In America's Senior Communities , Marc J. Randazza, Daniel Russell

Marquette Elder's Advisor

More seniors are gambling than ever before, and many may not know whether what they are doing is legal or illegal in their particular jurisdiction. Regulations involving penny-ante games, regular gambling, bingo, and amusement gambling are explored in five jurisdictions: Florida, Arizona, California, Wisconsin (the most restrictive), and Nevada (the least restrictive). Both association and personal liability are discussed.

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Book Review: Final Exam: A Surgeon's Reflection On Mortality By Pauline Chen , Kenney F. Hegland Aug 2012

Book Review: Final Exam: A Surgeon's Reflection On Mortality By Pauline Chen , Kenney F. Hegland

Marquette Elder's Advisor

Chen describes modern-day medical practice as a series of situations where something must be done - doing nothing is not an option, almost in defiance of patients' desires. She describes her journey through medical school (and make some comparisons with law school) and tells how patients become representative cases. She speculates that modern cures may spell the demise of bedside manner.

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Family Harmony: An All Too Frequent Causality Of The Estate Planning Process , Timothy P. O'Sullivan Aug 2012

Family Harmony: An All Too Frequent Causality Of The Estate Planning Process , Timothy P. O'Sullivan

Marquette Elder's Advisor

In this in-depth article O'Sullivan explores reasons for naming a non-family member as fiduciary, while maintaining family input. Bequests involving family businesses or farms are investigated. Also discussed are issues involving loans to children, compensation for parent care, blended families, and the advisability of discussion of will provisions with adult children, especially if bequests are unequal. In all instances, steps to maintain family harmony are urged.

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What's So Special About Medicare Advantage Special Needs Plans? Assessing Medicare Special Needs Plans For "Dual Eligibles", Alissa Halperin, Patricia Nemore, Vicki Gottlich Aug 2012

What's So Special About Medicare Advantage Special Needs Plans? Assessing Medicare Special Needs Plans For "Dual Eligibles", Alissa Halperin, Patricia Nemore, Vicki Gottlich

Marquette Elder's Advisor

In 2003 Medicare Part C became Medicare Advantage, which included provisions for Special Needs Plans (SNP's), which have significant implications for dual eligibles, persons eligible for both Medicare and Medicaid. The authors explore why SNP's are needed, their advantages to beneficiaries if properly set up, why many plans do not meet beneficiaries' needs as well as they might, and draw conclusions for improvement.

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Table Of Contents Aug 2012

Table Of Contents

Marquette Elder's Advisor

No abstract provided.

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Consumer-Driven Long Term Care: Shaping He Government's Role, Marshall B. Kapp Aug 2012

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.

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Grandparent Molesting: Sexual Abuse Of Elderly Nursing Home Residents And Its Prevention , Robert A. Hawks Aug 2012

Grandparent Molesting: Sexual Abuse Of Elderly Nursing Home Residents And Its Prevention , Robert A. Hawks

Marquette Elder's Advisor

Nursing home residents, especially those with diminished capacity and/or no close relatives nearby, are probably at much greater risk of abuse (especially sexual abuse) than available statistics would indicate. Hawks explains why abuse is underreported, how reporting requirements vary, and describes the effects of elder sexual abuse and its treatment. Legal actions that abused victims and government agencies can or should take and possible legislative changes are also explored.

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The Medicare Part D Prescription Drug Benefit: Who Wins And Who Loses? , Enrich Andreas Drotleff Aug 2012

The Medicare Part D Prescription Drug Benefit: Who Wins And Who Loses? , Enrich Andreas Drotleff

Marquette Elder's Advisor

The author examines the new Medicare Part D Program, discusses first the background history which led to its enactment, and then explains how enrollment decisions affect different classes of beneficiaries. The politics involved in the passage of this legislation are explored. Transitioning dual eligibles (those covered by both Medicare and Medicaid) into the new drug program has often resulted in reduced benefits.

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Adult Adoption And The Elder Population , Angela Chaput Foy Aug 2012

Adult Adoption And The Elder Population , Angela Chaput Foy

Marquette Elder's Advisor

The author explains how adult adoption differs from the adoption of minors, tells how different states establish varying requirements, and shows that the protections for adopted minors may not always be available to adopted adults. The reasons for and the ramifications of adult adoption (such as inheritance rights) and the resulting effects on the extended families of both parties are examined in detail.

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Wal-Mart, Shopko Cart Gathering: A Case For Smith V. City Of Jackson Adea Disparate Impact? , Michael J. Myers Aug 2012

Wal-Mart, Shopko Cart Gathering: A Case For Smith V. City Of Jackson Adea Disparate Impact? , Michael J. Myers

Marquette Elder's Advisor

This article explores the effects on older workers and job applicants caused by proposed and existing policies of big-box retailers to require physical activities in job descriptions for the purpose of lowering health-care costs. The effects of ADEA decisions and the concepts of disparate treatment, disparate impact, and business necessity frame the discussion of how older workers will be affected.

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Keeping Peace In The Family While You Are Resting In Peace: Making Sense Of And Preventing Will Contests , Judith G. Mcmullen Aug 2012

Keeping Peace In The Family While You Are Resting In Peace: Making Sense Of And Preventing Will Contests , Judith G. Mcmullen

Marquette Elder's Advisor

Even the best intended wills may be challenged if beneficiaries feel slighted. McMullen discusses various challenges to wills which may be based on grounds of public policy, lack of formalities, undue influence, or lack of testamentary capacity. Reasons for disputes are explored and methods, both technical and non-technical, for avoiding challenges are suggested to help provide for the legacy of a peaceful family.

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Tax Planning For Retirement , Vada Waters Lindsey Aug 2012

Tax Planning For Retirement , Vada Waters Lindsey

Marquette Elder's Advisor

As increasing life expectancy and inflation diminish the purchasing power of retirement savings, careful tax planning to maximize funds available to seniors is necessary. Lindsey discusses the taxation of various types of retirement income including traditional and Roth IRAs and Social Security benefits, and explains how careful planning can reduce income and estate taxes. The disparate effects of state income and estate taxes are also explored.

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Table Of Contents Aug 2012

Table Of Contents

Marquette Elder's Advisor

No abstract provided.

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"Whenever Justice Requires": Examining The Elusive Role Of Guardian Ad Litem For Adults With Diminished Capacity, Donna S. Harkness Aug 2012

"Whenever Justice Requires": Examining The Elusive Role Of Guardian Ad Litem For Adults With Diminished Capacity, Donna S. Harkness

Marquette Elder's Advisor

Using several case studies, the author describes the possible difficulties in representing adult clients with diminished capacity, either as an attorney or as a guardian ad litem. Varying qualifications for a GAL, determination of when an appointment is proper, and guidelines for performance are discussed along with the different standards that may be employed for the decisions that are made.

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The Schiavo Odyssey: A Tale Of Two Legislative Reprieves , Miriam Rosenblatt-Hoffman Aug 2012

The Schiavo Odyssey: A Tale Of Two Legislative Reprieves , Miriam Rosenblatt-Hoffman

Marquette Elder's Advisor

Between the time that Terri Schiavo's husband received court approval to discontinue her life support systems and her ultimate demise more than five years later, contentious legal battles were waged and specific state and federal laws were enacted to prolong Terri's life. The author postulates and explains why both laws were unconstitutional, and decries the legislative interference in patient autonomy.

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To Be Or Not To Be, Should Doctors Decide? Ethical N Legal Aspects Of Medical Futility Policies , Maureen Kwiecinski Aug 2012

To Be Or Not To Be, Should Doctors Decide? Ethical N Legal Aspects Of Medical Futility Policies , Maureen Kwiecinski

Marquette Elder's Advisor

Who should decide when to discontinue life support when such treatment appears to be hopeless? This article explores withdrawal or withholding life-sustaining medical treatment when health-care providers and family members disagree on a course of action which is likely to be futile or inappropriate. Ethical, moral, and legal implications are raised, and the lack of and need for guidelines is discussed.

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Elder Mediation: Optimizing Major Family Transitions, Rikk Larsen, Crystal Thorpe Aug 2012

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.

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Elders And End-Of-Life Medical Decisions: Legal Context, Psychological Issues, And Recommendations To Attorneys Serving Seniors , Ed De St. Aubin, Sheila Baer, Joan Ravenelli Miller Aug 2012

Elders And End-Of-Life Medical Decisions: Legal Context, Psychological Issues, And Recommendations To Attorneys Serving Seniors , Ed De St. Aubin, Sheila Baer, Joan Ravenelli Miller

Marquette Elder's Advisor

Much more than the disposition of worldly goods must be considered when preparing legal documents for end-of-life situations. This article stresses the necessity of client autonomy in preparing dispositional gifts as well as decision planning for medical care and treatment for senior citizens, and also explains the concept of Generatively: the desire to contribute to the well-being of . . . future generations.

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Aging Offenders In The Criminal Justice System , Ronald H. Aday, Jennifer J. Krabill Aug 2012

Aging Offenders In The Criminal Justice System , Ronald H. Aday, Jennifer J. Krabill

Marquette Elder's Advisor

As America is graying, so is the prison population. This article discusses the variable ways police treat elderly offenders, often depending on the nature of their infractions. Courts also vary in their treatment of elderly offenders. The greatest future challenges may be in the area of providing (and paying for) adequate health care programs for elderly inmates, especially those with mental health problems.

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Maximizing The Benefits Of Estate Planning Bet-To-Die Strategies: Clats And Private Annuities , Peter Melcher, Matthew Zuengler Aug 2012

Maximizing The Benefits Of Estate Planning Bet-To-Die Strategies: Clats And Private Annuities , Peter Melcher, Matthew Zuengler

Marquette Elder's Advisor

Because the IRS must normally use actuarial tables to determine life expectancy, particular persons whose life expectancy may be much shorter than projected may be able to preserve a much larger than usual portion of family assets through the use of Charitable Lead Annuity Trusts (CLATS) or private annuity sales. The advantages, disadvantages, and basic tax considerations of each are shown through several detailed examples.

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Table Of Contents Aug 2012

Table Of Contents

Marquette Elder's Advisor

No abstract provided.

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St. Ritas And Lost Causes: Improving Nursing Home Emergency Preparedness , Robert A. Mead Aug 2012

St. Ritas And Lost Causes: Improving Nursing Home Emergency Preparedness , Robert A. Mead

Marquette Elder's Advisor

This timely article explores the legally required emergency preparedness (or lack of it) at St. Rita's Nursing Home in Louisiana during Hurricane Katrina in 2005 when residents were not evacuated as was mandated. The operators were charged with thirty-four counts of negligent homicide. Issues studied include the dangers of evacuating versus not evacuating, varying emergency preparedness regulations and their enforcement, and the failure of legislatures to strengthen such regulations

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Unconscionable: Financial Exploitation Of Elderly Persons With Dementia, Matthew A. Christiansen Aug 2012

Unconscionable: Financial Exploitation Of Elderly Persons With Dementia, Matthew A. Christiansen

Marquette Elder's Advisor

Millions of people deal with the effects of dementia on an elderly family member. Individuals suffering from the effects of dementia are susceptible to financial abuse. This article chronicles the financial abuse of Gladys Smith, an elderly widow suffering from dementia, and the litigation that ensued. The article analyzes what had been done to protect Gladys's estate, what could have been done better, and provides suggestions for estate planning for vulnerable elderly to best prevent financial exploitation by 1) expecting the worst-case scenarios; 2) advanced planning; 3) periodic communication; 4) creating layers of protection to guard against the worst-case scenarios.

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Drivers' Licenses And Age Limits: Imposition Of Driving Restrictions On Elderly Drivers, Katherine Mikel Aug 2012

Drivers' Licenses And Age Limits: Imposition Of Driving Restrictions On Elderly Drivers, Katherine Mikel

Marquette Elder's Advisor

In today's world, most people perceive the ability to drive as a necessity for daily existence, and the elderly population is no exception. However, driving is a privilege and not a skill, not a fundamental right. Research indicates that there is a positive correlation between increased age and decreased physical and mental capacity to drive. Driving requires expeditious reflexes and acute awareness. Considering the research and skills required the question becomes at what age are people too old to continue driving and should age caps on licensing be instituted?

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Union-Negotiated Lifetime Retiree Health Benefits: Promise Or Illusion, William T. Payne, Pamina Ewing Aug 2012

Union-Negotiated Lifetime Retiree Health Benefits: Promise Or Illusion, William T. Payne, Pamina Ewing

Marquette Elder's Advisor

This article discusses the legal theories and causes of action that are commonly associated with claims for benefits of retirees. The authors begin by discussing the way contractual benefits are analyzed by the courts, including the determination of a governing document, the Yard-Man Inference, and the use of extrinsic evidence when governing documents are ambiguous. The authors then discuss several potential claims employees may raise in an attempt to secure benefits, such as promissory estoppel, equitable estoppel, and breach of fiduciary duty. The authors conclude by stating that although they have attempted to lay out the claims associated with retiree …

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