Law Commons^™

The Pro Bono Collaborative Project Spotlight: Rwu Law Alums Providing Pro Bono Through The Pbc (September 20, 2018), Roger Williams University School Of Law

Pro Bono Collaborative Staff Publications

No abstract provided.

The Pro Bono Collaborative Project Spotlight, Roger Williams University School Of Law

Pro Bono Collaborative Staff Publications

No abstract provided.

The Financial Exploitation And Abuse Of The Elderly, Christopher Hodges

Mahurin Honors College Capstone Experience/Thesis Projects

The criminal industry of elder financial fraud and exploitation (EFFE) is a growing concern among policy makers as well as researchers. This is due to the growing financial impact exploiters are having on their victims. EFFE is defined by the National Center on Elder Abuse as “the illegal or improper use of an elder’s funds, property, or assets (NCEA, 2017).” Following this definition, the quantity of wealth determined to have been lost due to EFFE is staggering. As the tangible capital loss has grown so has the need for more research into this topic. The research in this paper seeks …

Video: Elder Law For Beginners, Arlene Lakin, Gail Fisher

NSU Law Seminar Series

This particular seminar is designed to educate attorneys about how to be an elder law attorney. Practitioners will learn the various skill sets involved: estate and incapacity planning as well as protection of assets in order to qualify for, or remain qualified for, public benefits such as Medicaid and veteran’s pension with aid and attendance.

1. How to work with senior citizens and their families in a clinical as well as legal format
2. How to determine capacity of elderly clients to execute legal documents
3. How to analyze family relationships
4. How to design an estate and incapacity plan …

Filial Support Laws In The Modern Era: Domestic And International Comparison Of Enforcement Practices For Laws Requiring Adult Children To Support Indigent Parents, Katherine C. Pearson

Journal Articles

Family responsibility and support laws have a long but mixed history. When first enacted, policy makers used such laws to declare an official policy that family members should support each other, rather than draw upon public resources. This article tracks modern developments with filial support laws that purport to obligate adult children to financially assist their parents, if indigent or needy. The author diagrams filial support laws that have survived in the 21st Century and compares core components in the United States (including Puerto Rico) and post-Soviet Union Ukraine. While the laws are often similar in wording and declared intent, …

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

Faculty 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 …