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Articles 1141 - 1170 of 6614
Full-Text Articles in Law
Innocence, Negligence, And Common Sense: Tort Liability Of Mentally Impaired Persons, William P. Donaldson
Innocence, Negligence, And Common Sense: Tort Liability Of Mentally Impaired Persons, William P. Donaldson
Marquette Elder's Advisor
Recent case law has dictated changes in the treatment of tort cases involving mentally impaired citizens. This study illuminates the developing exceptions to liability with regard to properly trained professional caregivers.
Crafting A Better Power Of Attorney, Penny L. Davis
Crafting A Better Power Of Attorney, Penny L. Davis
Marquette Elder's Advisor
This article deals with crafting effective powers of attorney that carry out an elder's wishes while simultaneously protecting the elder from potential abuses requires care and diligence. This review of some of the more critical issues, along with examples of how to address them, can help elder law attorneys to better serve their clients
Financial Abuses Of Elderly Clients, Alison Barnes
Financial Abuses Of Elderly Clients, Alison Barnes
Marquette Elder's Advisor
This article identifies what is meant by financial abuse of the elderly, discusses who are the abusers and victims, and illustrates how to identify instances of financial abuse. The author then discusses the possible responses to identified financial abuse, including responses by attorneys, state agencies, and federally mandated programs and acts. She concludes that where an older person is dependent for care on a family member, financial abuse may be best controlled through oversight of the interaction between the caregiver and care receiver, as well as modification of financial arrangements to limit the exposure of the care receiver's assets.
A Tale Of Two Women, Ann J. Pinciss
A Tale Of Two Women, Ann J. Pinciss
Marquette Elder's Advisor
This article is a tale of two women, one living her life to its fullest according to her own wishes, the other dependent upon the substituted judgment of another. This tale is a cautionary tale, highlighting the challenges of balancing substituted judgment against the best interests of someone who, because of incapacity, cannot decide what is best for her
The Role Of The Attorney As Nursing Home Advocate, Andrew P. Brusky
The Role Of The Attorney As Nursing Home Advocate, Andrew P. Brusky
Marquette Elder's Advisor
This article explains the need for attorneys to keep informed about current standards and regulations related to nursing home care. The author identifies the areas of concern to clients and their attorneys such as determining the appropriate placement, or investigate financial and payment options. Surrogate decision-making options may need to be considered. Patients in nursing homes may need attorney assistance in patient rights or quality of care issues, or in disputes concerning patient abuse.
From The Editor, Alison Mcchrystal Barnes
From The Editor, Alison Mcchrystal Barnes
Marquette Elder's Advisor
The Editor has utilized this space to identify for the reader the current state of elder law and its continuing evolution. She then introduces the Elder's Advisor and its goals. Professor Barnes then explains the interactive nature of the Elder's Advisor and invites readers to participate.
Physical Restraint Use In Acute Care Hospitals: Legal Liability Issues, Marshall B. Kapp
Physical Restraint Use In Acute Care Hospitals: Legal Liability Issues, Marshall B. Kapp
Marquette Elder's Advisor
This article begins by explaining what physical restraints are. The author then explains that the elderly are the most likely group to be restrained in hospitals. He goes on to discuss the evolution of regulations controlling the use of such restraints. Changes in standards of care, customary practice, informed consent, and assumption of risk dynamics are explained. The article concludes by explaining that health care providers and facilities can limit their tort liability exposure through creative processes that include regulatory compliance, voluntary accreditation, and individualized assessment and care.
Book Review: Aging, Autonomy, And Architecture: Advances In Assisted Living, Jane M.R. Mulcahy
Book Review: Aging, Autonomy, And Architecture: Advances In Assisted Living, Jane M.R. Mulcahy
Marquette Elder's Advisor
This book focuses on the assisted-living environment and is divided into four parts. The first concerns ideal and realistic models; the second discusses physical attributes and environmental designs; the third investigates the perspectives of providers and consumers; and the fourth addresses architectural concerns and characteristics.
Internet Resources Related To Nursing Care Facilities, Robin C. Schard
Internet Resources Related To Nursing Care Facilities, Robin C. Schard
Marquette Elder's Advisor
Schard uses this column to list a number of internet sources available to assist in evaluating various nursing care facilities, and gives a brief overview of what these sites provide. A few of the numerous sites described are the Joint Commission on Accreditation of Healthcare Organizations, the American Health Care Association, and the AARP.
Home-Health Care Coverage Under Medicare, Edward M. Dale, Cheryl Diane Feuerman
Home-Health Care Coverage Under Medicare, Edward M. Dale, Cheryl Diane Feuerman
Marquette Elder's Advisor
This column describes the criteria prerequisites for Medicare coverage of home care, including definitions of homebound status, the requirements for physician certification, and the availability of Medicare managed care programs. As the national cost of home care increased, regulations to rein in costs were enacted. The effects of these changes are discussed in detail.
Pathological Gambling And The Senior Citizen, Richard E. Finlayson
Pathological Gambling And The Senior Citizen, Richard E. Finlayson
Marquette Elder's Advisor
In this column Finlayson reviews information on how pathological gambling can affect senior citizens. In one report sudden cardiac death represented 82% of casino-related fatalities. Gamblers also have higher than average suicide rates. Relationships, substance abuse, and impulse control disorders are examined, as are theories of brain-chemical disorders.
Gift Tax Returns As A Planning Strategy, Daniel J. Walsh
Gift Tax Returns As A Planning Strategy, Daniel J. Walsh
Marquette Elder's Advisor
Timely filing of a properly prepared gift tax return will begin the statute of limitations period for revaluing the gift for gift tax purposes, but not necessarily for estate tax purposes. Walsh describes how the Taxpayer Relief Act of 1997 (TRA'97) can provide a taxpayer with potential solutions and describes how the final regulations provide planning opportunities for attorneys to assist their clients.
Promises And Problems In Alternative Dispute Resolution For The Elderly, Kevin Gibson
Promises And Problems In Alternative Dispute Resolution For The Elderly, Kevin Gibson
Marquette Elder's Advisor
Gibson describes several different practices which fall under the umbrella of alternative dispute resolution (ADR), including arbitration, mediation, and the role of an ombudsman. A comprehensive discussion of the mediation process describes the techniques a mediator may employ to assist parties in resolving their disputes, and uses examples of applying such techniques in situations involving senior citizens or nursing home disputes.
Alternative Medicine In The Elderly: Use And Abuse, Piero Antuono, Jennifer Jones, Jan Beyer
Alternative Medicine In The Elderly: Use And Abuse, Piero Antuono, Jennifer Jones, Jan Beyer
Marquette Elder's Advisor
Written by health care professionals, this article investigates the use and usefulness of complementary and alternative medicines (CAMs) by senior citizens. These entities, classified by the FDA as dietary supplements, are among the most widely prescribed drugs in Europe. CAMs discussed include gingko biloba for vascular disease and dementia, glucosamine and chondroitin for arthritis, saw palmetto for benign prostate hypertrophy, St. John's Wort for depression, and valerian for insomnia.
Pain Management In Long-Term Care: Update On Guidelines And Jcaho Standards, Jayne E. Pawasauskas, Andrea F. Luisi
Pain Management In Long-Term Care: Update On Guidelines And Jcaho Standards, Jayne E. Pawasauskas, Andrea F. Luisi
Marquette Elder's Advisor
The authors, both Doctors of Pharmacy, discuss the different levels of pain management in the elderly population. The dangers of side effects of both prescription and non-prescription medications must be considered when evaluating dosing for pain relief or pain prevention. Updated guidelines for patient involvement in pain management protocols in long-term care facilities are examined.
Index: Summer 1999-Spring 2001
Book Review: Nursing Home Litigation: Investigation And Case Preparation, Jane M.R. Mulcahy
Book Review: Nursing Home Litigation: Investigation And Case Preparation, Jane M.R. Mulcahy
Marquette Elder's Advisor
This book presents an introduction to nursing home litigation, which results when the nursing home regulatory system fails. The book contains essays authored by physicians and clinicians, which provide the reader with inside information about nursing home liability. The book also includes information about case preparation and the importance of using a legal nurse consultant.
Tough Love: Making Residential Decisions For The Incapacitated, Vicki J. Bowers
Tough Love: Making Residential Decisions For The Incapacitated, Vicki J. Bowers
Marquette Elder's Advisor
When adult children have to make decisions about their parents' living arrangements, difficult choices make have to be made. Bowers considers independent living at home, home sharing, assisted living, continuing care retirement communities (CCRCs), and nursing homes. Consideration of financial ramifications might include private payment, long-term care insurance, reverse mortgages, veteran's benefits, and medical assistance programs.
Ethical Issues In Representing Husbands And Wives In Estate Planning, Barbara Freedman Wand
Ethical Issues In Representing Husbands And Wives In Estate Planning, Barbara Freedman Wand
Marquette Elder's Advisor
The article discusses the ethical considerations for attorneys representing husbands and wives with potential conflicts of interest. It discusses several common situations that by their very nature raise potential conflicts of interest between the spouses when they consider estate planning. These situations include prenuptial agreements, blended families, and inherited wealth.
Late-State Dementia Care, Christine R. Kovach
Late-State Dementia Care, Christine R. Kovach
Marquette Elder's Advisor
Dementia can be said to progress from early to mid to late stages. The rate of progression is variable, and the needs of the patients and the interventions required do evolve. Specific discussions include nutrition and hydration, behavioral aspects, care options, the use of the Medicare hospice benefit, and care units specially designed for late-stage dementia.
Book Review: Speaking Our Minds, Beth Ellingson
Book Review: Speaking Our Minds, Beth Ellingson
Marquette Elder's Advisor
No abstract provided.
Prescription Drug Use By The Elderly, Richard E. Finlayson
Prescription Drug Use By The Elderly, Richard E. Finlayson
Marquette Elder's Advisor
This article discusses how coexisting medical illnesses interact with aging to complicate the body's ability to safely process drugs. The article also discusses prescription drug misuse, abuse, and dependency by the elderly.
What Is A Certified Elder Law Attorney?, Andrew H. Hook
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.
Book Review: The Last Childhood, Judith L. Dusell
Book Review: The Last Childhood, Judith L. Dusell
Marquette Elder's Advisor
No abstract provided.
Jury Selection In Aging America: The New Discrimination?, Max B. Rothman, Burton D. Dunlop, Gretchen M. Hirt
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.
Legal Resources On Elder Abuse In The Institutional Setting, Robin C. Schard
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.
Special Needs Estate Planning-A Family Perspective, Terry L. Toske
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.