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What Is A Certified Elder Law Attorney?, Andrew H. Hook Aug 2012

What Is A Certified Elder Law Attorney?, Andrew H. Hook

Marquette Elder's Advisor

Hook gives an overview of the inception and development of the Certified Elder Law Attorney (CELA) certification program. The article includes discussions on required education, the application process, cost, the application of legal malpractice standards of care, review classes, and the actual examination. (Samples of previous exam questions are included.) Court decisions on communications of specialty certification and modification of pertinent Model Rules (and state adaptations) are included.

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Book Review: The Last Childhood, Judith L. Dusell Aug 2012

Book Review: The Last Childhood, Judith L. Dusell

Marquette Elder's Advisor

No abstract provided.

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Jury Selection In Aging America: The New Discrimination?, Max B. Rothman, Burton D. Dunlop, Gretchen M. Hirt Aug 2012

Jury Selection In Aging America: The New Discrimination?, Max B. Rothman, Burton D. Dunlop, Gretchen M. Hirt

Marquette Elder's Advisor

This article examines the effects on the judicial system of entrenched stereotypes of the elderly. These stereotypes may be working to drive discriminatory laws, policies, and practices that serve to disenfranchise them of their right to participate in the judicial system by serving as jurors. The article also discusses the implications of this discrimination on the judicial system.

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Legal Resources On Elder Abuse In The Institutional Setting, Robin C. Schard Aug 2012

Legal Resources On Elder Abuse In The Institutional Setting, Robin C. Schard

Marquette Elder's Advisor

This article focuses on locating online resources related to institutional elder abuse. The article provides website addresses for the most comprehensive organizations and governmental agencies, along with reviews of their most useful pages.

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Special Needs Estate Planning-A Family Perspective, Terry L. Toske Aug 2012

Special Needs Estate Planning-A Family Perspective, Terry L. Toske

Marquette Elder's Advisor

Toske illustrates the need for early estate planning involving the entire family when a developmental disability affects a family member. The importance of maintaining eligibility for government programs is stressed, as well as the benefits of the planning to all concerned. Two case studies are used for illustration. A what do I do now? list is included.

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Internet Resources For Retirement Planning, Robin Schard Aug 2012

Internet Resources For Retirement Planning, Robin Schard

Marquette Elder's Advisor

The Internet is an outstanding source of ifnromation on how to prepare for retirement. The author believes it is important to make the best use of it.

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Handling Tort Recoveries For Persons Over And Under Age 65, Cheryl C. Mitchell, Ferd H. Mitchell Aug 2012

Handling Tort Recoveries For Persons Over And Under Age 65, Cheryl C. Mitchell, Ferd H. Mitchell

Marquette Elder's Advisor

Winning the case is only the first step in creating a satisfactory outcome for an injured elderly or disabled individual. Myriad rules pertain to the distribution of the award and distribution arrangements may affect current and future eligibility for programs such as Medicaid and SSI.

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Spousal Refusal: Preserving Family Savings By "Just Saying No" To Long-Term Care Impoverishment, Scott M. Solkoff Aug 2012

Spousal Refusal: Preserving Family Savings By "Just Saying No" To Long-Term Care Impoverishment, Scott M. Solkoff

Marquette Elder's Advisor

This is a case study of an elderly couple who executed a pre-nuptial agreement to keep their assets separated. When the husband required long-term care, the state required the assets of both to be considered in determining Medicaid eligibility. This article explores the effect and applicability of the Just Say No rule and the difficulty of preserving the assets of the non-institutionalized spouse.

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The Communitarian Approach In The Elder Law Construct, A. Frank Johns Aug 2012

The Communitarian Approach In The Elder Law Construct, A. Frank Johns

Marquette Elder's Advisor

Johns suggests that the proposed revisions to the Model Rules do not go far enough in their approach to multiple party representations in elder law issues. He discusses initial client contact, formation of the client-lawyer relationship, client confidences in multiple representation, and intergenerational conflicts. Three interesting case studies are included to highlight the problems that can arise.

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Special Needs Trusts To Safeguard Disability Benefits In Personal Injury And Divorce Settlements And Estate Planning, Lawrence A. Friedman Aug 2012

Special Needs Trusts To Safeguard Disability Benefits In Personal Injury And Divorce Settlements And Estate Planning, Lawrence A. Friedman

Marquette Elder's Advisor

To avoid disqualifying a disabled person from government aid, amounts should not be paid outright to the person or to a trusts for his support. Instead, the author suggests it is best to use a Special Needs Trust.

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Sexual Abuse In Nursing Homes, Elizabeth A. Capezuti, Deborah J. Swedlow Aug 2012

Sexual Abuse In Nursing Homes, Elizabeth A. Capezuti, Deborah J. Swedlow

Marquette Elder's Advisor

This article describes the common characteristics of sexually abused nursing home residents and details the many physical and psychological consequences of sexual abuse. The article considers the victim's ability to report the abuse and how to compassionately conduct the victim interview and collect evidence. The article discusses relevant federal and state law and analyzes various theories of liability.

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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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Guardians And Wills: "Substituted Judgment" In Estate Planning Deserves Another Look, Edward A. Shipe Aug 2012

Guardians And Wills: "Substituted Judgment" In Estate Planning Deserves Another Look, Edward A. Shipe

Marquette Elder's Advisor

In some circumstances, a guardian is faced with estate planning documents that may not reflect the ward's true intentions. In many states, the guardian has no option to alter or change those documents. The author asserts that in some circumstances, a guardian should have the authority to change a ward's estate plan.

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Friendly Peruasion, Good Salesmanship, Or Undue Influence, Mary Joy Quinn Aug 2012

Friendly Peruasion, Good Salesmanship, Or Undue Influence, Mary Joy Quinn

Marquette Elder's Advisor

Undue influence is the substituion of one person's will for the true desires of another. Unlike common persuasion and sale techniques, fraud, duress, threats, or other deceits are often features of undue influence.

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The Pressure Sore Case: A Medical Perspective, Jeffrey M. Levine Aug 2012

The Pressure Sore Case: A Medical Perspective, Jeffrey M. Levine

Marquette Elder's Advisor

Although bedsores sometimes result from inadequate care, not all cases involving pressure ulcers merit a lawsuit. This article adopts a medical perspective in its consideration of the pressure sore case, particularly when evaluating deviation from the standard of care. It also provides practice tips for caregivers wishing to avoid pressure sore litigation.

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Role Of Legal Nurse Consultant In Gathering And Analyzing The Nursing Home Record, Deborah D. D'Andrea Aug 2012

Role Of Legal Nurse Consultant In Gathering And Analyzing The Nursing Home Record, Deborah D. D'Andrea

Marquette Elder's Advisor

The legal nurse consultant (LNC) can be a powerful asset in litigation involving nursing home care. This article discusses how the medical expertise of the nurse is useful in the gathering, organizing, and analyzing of the voluminous records that accompany such cases. It also discusses which information prepared by the LNC is work product and which is discoverable.

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Table Of Contents Aug 2012

Table Of Contents

Marquette Elder's Advisor

No abstract provided.

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Remedying Financial Abuse By Agents Under A Power Of Attorney For Finances, Michele M. Hughes Aug 2012

Remedying Financial Abuse By Agents Under A Power Of Attorney For Finances, Michele M. Hughes

Marquette Elder's Advisor

Although financial elder abuse is often viewed as involving vulnerable victims, most victims are competent.

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Legal Aspects Of Chemical Restraint Use In Nursing Homes, Julie A. Braun, Lawrence A. Frolik Aug 2012

Legal Aspects Of Chemical Restraint Use In Nursing Homes, Julie A. Braun, Lawrence A. Frolik

Marquette Elder's Advisor

Chemical restraint, which is the excessive control of behavior through the use of medication, is just one of the many risks faced by nursing home residents. This article explores the definition of chemical restraint, its adverse effects, relevant federal and state laws and regulation, customary industry practice, and practice tips for correcting discovered abuse.

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Multidisciplinary Practice Fails As Lawyers Declare The Legal Profession Is Not For Sale!, A, Frank Johns Aug 2012

Multidisciplinary Practice Fails As Lawyers Declare The Legal Profession Is Not For Sale!, A, Frank Johns

Marquette Elder's Advisor

During the past decade, there has been a call by lawyers and nonlawyers for multi-disciplinary practice. The ABA has issued its ruling and the ramifications are discussed in this article.

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Litigation Nursing Home Wandering Cases, Steven M. Levin, Janice F. Mulligan Aug 2012

Litigation Nursing Home Wandering Cases, Steven M. Levin, Janice F. Mulligan

Marquette Elder's Advisor

This article defines the term wandering and provides prevalence estimates of wanderers within nursing homes nationwide. It addresses the standard of care applicable to wandering cases and reviews court opinions that consider whether the nursing home was on notice of a resident's known tendency to wander. It also discusses discovery in wander cases and concludes with practice tips.

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The Privacy Of Elders, Michael K. Mcchrystal Aug 2012

The Privacy Of Elders, Michael K. Mcchrystal

Marquette Elder's Advisor

Thr right to privacy does not diminish with age. As the author suggests in the article, it becomes important and vulnerable.

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From The Guest Editors: Nursing Home Litigation: An Overview, Julie A. Braun, Jane M.R. Mulcahy Aug 2012

From The Guest Editors: Nursing Home Litigation: An Overview, Julie A. Braun, Jane M.R. Mulcahy

Marquette Elder's Advisor

This article provides an overview of the most common fact patterns involved in the litigation of neglect or abuse of the elderly. The common fact patterns include: choking and feeding tube, wandering, falls and related injuries, physical and chemical restraints, scalding, burns, malnutrition and dehydration, pressure sores, medication errors, and sexual abuse.

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Assuring Quality Long-Term Care In America, Thomas D. Begley Jr., Jo-Anne Herina Jeffreys Aug 2012

Assuring Quality Long-Term Care In America, Thomas D. Begley Jr., Jo-Anne Herina Jeffreys

Marquette Elder's Advisor

Ninety percent of the 76 million baby boomers will be retired by the year 2030, and many will eventually need a continuum of care. The authors suggest that financing such care is primarily a middle-class problem, and suggest that making long-term care coverage both mandatory and universal, such as through a government program, may be the best way to spread the risk.

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Naela White Paper On Long-Term Care Reform Aug 2012

Naela White Paper On Long-Term Care Reform

Marquette Elder's Advisor

The current system for addressing long-term care is a non-system. It is a hodgepodge of services that fail to meet its intended needs and is economically inefficient. This White Paper analyzes the problems and proposes recommendations to serve as policy solutions for citizens and government

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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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Table Of Contents Aug 2012

Table Of Contents

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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Book Reviews, Criticism Editors Aug 2012

Book Reviews, Criticism Editors

Criticism

Imagination (Mary Warnock) (Reviewed by Lilian R. Furst, University of Texas at Dallas)

Language Truth and Poetry: Notes towards a Philosophy of Literature (Graham Durstan Martin) (Reviewed by Michael McCanles, Marquette University)

Adventure, Mystery, and Romance: Formula Stories as Art and Popular Culture (John G. Cawelti) (Reviewed by Albert D. Hutter, University of California, Los Angeles)

George Crabble's Poetry (Peter New) (Reviewed by R. L. Chamberlain, Grand Valley State College)

The Romantic Sublime: Studies in the Structure and Psychology of Transcendence (Thomas Weiskel) (Reviewed by Daniel Hughes, Wayne State University)

F. O. Matthiessen: The Critical Achievement (Giles Gunn) (Reviewed by …

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