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Articles 1111 - 1140 of 6614
Full-Text Articles in Law
The Bright Misplaced Line: Persistent Vegetative State And Withdrawal Of Artificial Sustenance, James A. Jaeger
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.
From The Editor, Alison Mcchrystal Barnes
From The Editor, Alison Mcchrystal Barnes
Marquette Elder's Advisor
No abstract provided.
The Assessment Of Mental Competence: Factors Affecting The Process, Richard E. Finlayson
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.
Building Relationships That Work, Michael K. Mcchrystal
Building Relationships That Work, Michael K. Mcchrystal
Marquette Elder's Advisor
This column examines two misconceptions that are frequently associated with the lawyer-client relationship. The column looks at the law of legal ethics which can shed light on the unique complexities of the lawyer-client relationship.
Search Tools: Skills And Strategies, Robin C. Schard
Search Tools: Skills And Strategies, Robin C. Schard
Marquette Elder's Advisor
This column is a guide that helps readers understand how search tools work and how readers can use these tools more efficiently.
An Introduction To Medicare, Cheryldiane Feuerman, Edward Dale
An Introduction To Medicare, Cheryldiane Feuerman, Edward Dale
Marquette Elder's Advisor
This column details the nuts and bolds of Medicare, noting that it Medicare is not always as familiar as it should be to beneficiaries, their advisors, or their doctors. This column presents an overview of Medicare's eligibility requirements, coverage, and appeals process.
Ethical Issues In Medicaid Planning, C. Michael Shallowy
Ethical Issues In Medicaid Planning, C. Michael Shallowy
Marquette Elder's Advisor
This article presents the importance of understanding the fairness exceptions to Medicaid. The elderly appear to have a general discomfort with getting something for free. Medicaid is a government program that almost all elderly individuals have contributed to over their life times. This article argues that Medicaid can reduce the psychological harm associated with the need for long-term nursing care.
Marital Deduction Planning: Naming A Trust As Beneficiary Of Retirement Plan Benefits, Barbara Freedman Wand
Marital Deduction Planning: Naming A Trust As Beneficiary Of Retirement Plan Benefits, Barbara Freedman Wand
Marquette Elder's Advisor
This article discusses marital deduction planning for retirement plan assets when a trust will be named a beneficiary. The author discusses the necessity for careful planning and numerous issues that must be considered
Make Sure Your Estate Plan Includes The Finale!, Patricia A. Elder
Make Sure Your Estate Plan Includes The Finale!, Patricia A. Elder
Marquette Elder's Advisor
This article explores the need to plan and prepare for the costs and arrangements associated with a funeral. Preplanning and pre-funding a funeral relieves an individual's survivors of a number of responsibilities during a difficult time period. Preparing for one's own funeral can also relieve an individual's concerns by allowing the individual to feel that everything is taken care of
Reconfiguring Social Security For The 21st Century, Susan A. Channick
Reconfiguring Social Security For The 21st Century, Susan A. Channick
Marquette Elder's Advisor
This article focuses on In the Matter of the Guardianship and Protective Placement of Jimmie L. v. Sauk County. The guardian in the case was appointed in one state, but the guardian desired to relocate to another state. The article also explores the use of the Uniform Enforcement of Foreign Judgments Act where issues arise in interstate guardianship.
Elder Law: General Practice With A Niche, Jane Rupprecht Mulcahy
Elder Law: General Practice With A Niche, Jane Rupprecht Mulcahy
Marquette Elder's Advisor
This article provides an overview of elder law practice and the importance of a client centered practice. Developing an elder law practice requires specialized marketing to the growing aging population. The elder law attorney must be knowledgeable in broad areas of law included in that practice. Expertise in property law and health care law are two of the most common areas of law practiced by elder law attorneys.
Issues In Interstate Guardianship, William P. Donaldson
Issues In Interstate Guardianship, William P. Donaldson
Marquette Elder's Advisor
This article focuses on In the Matter of the Guardianship and Protective Placement of Jimmie L. v. Sauk County. The guardian in the case was appointed in one state, but the guardian desired to relocate to another state. The article also explores the use of the Uniform Enforcement of Foreign Judgments Act where issues arise in interstate guardianship.
Petitioning For Grandparent Visitation, State By State, Julie A. Braun
Petitioning For Grandparent Visitation, State By State, Julie A. Braun
Marquette Elder's Advisor
This article discusses varying legislation enacted by all fifty states that allow grandparents to petition for visitation with their grandchildren. While some states allow a grandparent to petition for visitation at any time, the majority of states require a disruption of an intact nuclear family before a grandparent may petition for visitation. The article identifies practice tips and discusses conditions or restrictions a court may impose on the visitation.
From The Editor, Alison Mcchrystal Barnes
From The Editor, Alison Mcchrystal Barnes
Marquette Elder's Advisor
No abstract provided.
Interstate And International Recognition Of Health Care Advance Directives, Russell E. Carlisle
Interstate And International Recognition Of Health Care Advance Directives, Russell E. Carlisle
Marquette Elder's Advisor
This article addresses the issue of interstate recognition of health care advance directives. Conflicts have developed in this area since America is an increasingly mobile society and advance directives are governed by state law. The article investigates the problems associated with varied state laws and the implementation of those laws in other states.
Naela Advocacy Seeks To Influence Public Policy, Emily Starr, Ron Fatoullah
Naela Advocacy Seeks To Influence Public Policy, Emily Starr, Ron Fatoullah
Marquette Elder's Advisor
The National Academy of Elder Law Attorneys is an organization with an agenda. This advocacy group works to improve legislation affecting its professionals and their clients.
Finding Internet Sites On Elder Issues: Health And Human Services, Robin C. Schard
Finding Internet Sites On Elder Issues: Health And Human Services, Robin C. Schard
Marquette Elder's Advisor
Have you ever heard the term information over load? Do you feel it every time you try to find an exact piece of information on the Internet? Here's the place to start.
The One-Stop Shop: Beyond Estate Planning, Ann M. Devine
The One-Stop Shop: Beyond Estate Planning, Ann M. Devine
Marquette Elder's Advisor
An investigation of the special needs of the elderly looks to expand the current practice of conventional estate planning beyond the creation of trusts and wills into an innovative business providing holistic life plans and services to address all the needs of aging.
Client Choice, Wise Counsel, And Economic Realities: The Forces That Shape The Representation Of Elders, Michael K. Mcchrystal
Client Choice, Wise Counsel, And Economic Realities: The Forces That Shape The Representation Of Elders, Michael K. Mcchrystal
Marquette Elder's Advisor
The relationship between a client and attorney, while always complex, may become even more complicated when the client is elderly. This column explores three aspects of particular importance in such cases.
Advising Clients Regarding Lifetime Distributions From Qualified Retirement Plans, Barbara Freedman Wand
Advising Clients Regarding Lifetime Distributions From Qualified Retirement Plans, Barbara Freedman Wand
Marquette Elder's Advisor
This column reviews various requirements of qualified retirement plans, their myriad rules and requirements, and how uninformed decision-making can negatively impact a client's overall program. Wand's column is intended to aid an attorney in advising clients as to the appropriate choices.
The Medicare Managed Care Choice
The Medicare Managed Care Choice
Marquette Elder's Advisor
Medicare managed care still has problems and careful evaluation is critical when choosing a program. Government attempts at providing information have created further confusion and drawn criticism from the professionals. This overview highlights some of the most important issues.
Geriatric Psychiatry And Elder Law: Speaking A Common Language, Richard E. Finlayson
Geriatric Psychiatry And Elder Law: Speaking A Common Language, Richard E. Finlayson
Marquette Elder's Advisor
In his introductory column, Dr. Finlayson discusses issues of competency and informed consent involving the elderly. Dr. Finlayson discusses these issues from a medical perspective demonstrating how the legal and medical issues relating to the elderly and mental health often intersect.
Grandparents' Right To Visitation, Victoria Roth
Grandparents' Right To Visitation, Victoria Roth
Marquette Elder's Advisor
Many lawyers, it seems steer clear of "grandparents' rights" by declining cases in which a court orders parents or stepparents to let a grandparent visit their grandchild. Is it because of lack of familiarity with such action, or are they uneasy with the concept of rights of grandparents?
The Use Of Special Needs Trusts In The Settlement Of Personal Injury Cases, Roger M. Bernstein, Margrit S. Bernstein
The Use Of Special Needs Trusts In The Settlement Of Personal Injury Cases, Roger M. Bernstein, Margrit S. Bernstein
Marquette Elder's Advisor
This article explores the ins and outs of special needs trusts, which can offer your client improved protection against the loss of public benefits. These narrowly defined, specific trusts can help to avoid disqualification from Medicaid.
Income Tax Planning For Long-Term Care, David M. English
Income Tax Planning For Long-Term Care, David M. English
Marquette Elder's Advisor
Dealing with taxes is one of the details that can fall through the cracks during the trying times of sorting out long-term care for an elder. As this article demonstrates, there are many advantages to be gained from keeping up with this aspect of daily affairs. However, the regulations are many and complex and require study and forethought.
Pending Hague Convention On Protection Of Incapacitated Adults, Russell E. Carlisle
Pending Hague Convention On Protection Of Incapacitated Adults, Russell E. Carlisle
Marquette Elder's Advisor
The adoption and ratification of the proposed Hague Convention on the Protection of Incapacitated Adults will provide an expeditious and certain means of solving international problems involving the disabled and the elderly. This article looks at some of the issues addressed by the convention and at the complex process involved in its creation and execution.