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Articles 1291 - 1320 of 6614
Full-Text Articles in Law
Childhood Obesity, Baby Boomers And The Echo Boom, Elizabeth Conradson Cleary
Childhood Obesity, Baby Boomers And The Echo Boom, Elizabeth Conradson Cleary
Marquette Elder's Advisor
This insightful article joins the problems of increasing childhood obesity with the increase projected in senior citizens of the echo boom generation, and goes on to posit an increased burden on the then sandwich generation. Cleary discusses the increased future need for caregivers, recognizes the role and value of adult children caregivers (especially women), and suggests approaches to address the situation.
Essay: The Re-Tooling And Re-Telling Of The Social Security, Medicare, And Medicaid Programs: Will We Retain The Sixty-Year-Old Values Of A "National Community" Or Begin With A "Clean Slate?", Stephanie Sue Stein
Marquette Elder's Advisor
This essay focuses on the change taking place in America's attitude towards major social programs that benefit the elderly. Stein suggests that reforming these programs reverses the concept of the national community providing for the needs of the elderly to letting people decide how best to provide for themselves in retirement, to the detriment of many of our most needy and vulnerable elderly.
Denial And Codependence In Domestic Violence By Adult Children On Their Elderly Parents , Preston Mighdoll
Denial And Codependence In Domestic Violence By Adult Children On Their Elderly Parents , Preston Mighdoll
Marquette Elder's Advisor
This case study of an adult son who physically abused his parents and the cycle of the case through the legal system is an eye-opener of how difficult it is to protect vulnerable elderly parents from dysfunctional and abusive adult children. Mighdoll discusses the results of enabling, parent denial, ineffective no contact orders, lack of evidence, and the need for an elderly hearsay exception.
From The Margins To Pacesetting: The Place Of The Elderly In U.S. Legal History From A Historian's Perspective, W. Andrew Achenbaum
From The Margins To Pacesetting: The Place Of The Elderly In U.S. Legal History From A Historian's Perspective, W. Andrew Achenbaum
Marquette Elder's Advisor
Prior to the Civil War, the small percentage of Americans who were elderly lived on the margins of society. Uncared-for poor elderly persons could be placed in poor-houses. Achenbaum discusses the evolution, through veteran's benefits, Social Security, corporate and union pension plans, and Medicare to a society where the care and well-being of the elderly are among the most important legal issues of the day.
Guardianship Actions Against Individuals Who Have Selected An Agent As Power Of Attorney: When Should The Court Say "No?", Linda S. Ershow-Levenberg
Guardianship Actions Against Individuals Who Have Selected An Agent As Power Of Attorney: When Should The Court Say "No?", Linda S. Ershow-Levenberg
Marquette Elder's Advisor
This article discusses the need for guardianship for presumably incapacitated individuals who already have designated someone to have their power of attorney or to be their healthcare representative. Noting that the privacy and liberty of an individual will be affected by appointing a guardian, the author proposes that guardians not be unnecessarily appointed when currently in-place representatives already fulfill needed services.
Social Values And Older Persons: The Role Of The Law, Marshall B. Knapp
Social Values And Older Persons: The Role Of The Law, Marshall B. Knapp
Marquette Elder's Advisor
Kapp discusses the relationship of law to social values, and how laws can permit, require, or restrain certain activities. Further discussion involves how laws, such as the Age Discrimination Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the Fair Housing Act impact the elderly, and then asks whether the law alone is enough to protect the elderly.
Reconciling Definitions Of "Disability:" Six Years Later, Has Cleveland V. Policy Management Systems Lived Up To Its Initial Reviews As A Boost For Workers' Rights?, Daniel Korhman, Kimberly Berg
Reconciling Definitions Of "Disability:" Six Years Later, Has Cleveland V. Policy Management Systems Lived Up To Its Initial Reviews As A Boost For Workers' Rights?, Daniel Korhman, Kimberly Berg
Marquette Elder's Advisor
This extensive article identifies many of the difficulties in bringing an action under the Americans with Disabilities Act (ADA) while receiving SSDI benefits. The conflicts of claiming disabilities while also claiming the ability to work with accommodations are explored. The decision in Cleveland v. Policy Management Systems was supposed to set guidelines for evaluation these situations, but interpretation of these guidelines still varies
Protecting The Gold In The Golden Years: Practical Guidance For Professionals On Financial Exploitation, Julie A. Lemke, Seymour Moskowitz
Protecting The Gold In The Golden Years: Practical Guidance For Professionals On Financial Exploitation, Julie A. Lemke, Seymour Moskowitz
Marquette Elder's Advisor
The authors discuss financial exploitation of the elderly from multi-disciplinary viewpoints. The role of attorneys, including conflicts of interest, is explored along with practical prevention tools and remedies. Ways that financial institutions can protect their customers, including bank reporting projects, are investigated. Roles that the clergy, adult protective services, legislatures, and the police can play are discussed and an appendix of elder abuse hotlines is included.
Book Review: The Law And The Older Persons: Is Geriatric Jurisprudence Therapeutic?, Jennifer Jedrzejewski
Book Review: The Law And The Older Persons: Is Geriatric Jurisprudence Therapeutic?, Jennifer Jedrzejewski
Marquette Elder's Advisor
Marshall Kapp discusses Therapeutic Jurisprudence, the study of law's healing potential and the actual impact of laws. He states that laws designed to help the elderly often focus on enforcement rather than assisting beneficiaries. Kapp suggests that TJ inquiries should include the effects on seniors, including discussions about regulatory control, increased costs, guardianship, long-term care, mental health, and research projects involving the elderly.
Have State Judiciaries Become Legislatures When Grandma Comes To Court?: State Court Decisions In The Post-Troxel Era, Paula A. Lorfeld
Have State Judiciaries Become Legislatures When Grandma Comes To Court?: State Court Decisions In The Post-Troxel Era, Paula A. Lorfeld
Marquette Elder's Advisor
Although Troxel v. Granville mandated presumptive consideration of parents' rights in non-parent visitation statutes, states have interpreted Troxel in different ways. Lorfeld cites cases in several states. Some states have ruled non-complying statutes unconstitutional, while other states have ruled such statutes to be constitutional if they are applied with a presumption of unstated parents' rights. Are these courts usurping legislative functions?
Protective Assistance For Elders: Maine Experience And Comparisons, Alison Barnes
Protective Assistance For Elders: Maine Experience And Comparisons, Alison Barnes
Marquette Elder's Advisor
This thoughtful analysis of Maine's Adult Protective Services for the elderly encompasses statutes involved, services provided, those who can be served, required reporting, emergency interventions, and possible sources of funding. Methods for preventing abuse and exploitation are examined. Barnes discusses legal remedies concerning misappropriated funds as well as civil and criminal actions against abusers. The reasons for self neglect and refusal of care are also explored.
Essay: Housing Trends For The 21st Century, Ellen Hirsch De Haan
Essay: Housing Trends For The 21st Century, Ellen Hirsch De Haan
Marquette Elder's Advisor
This essay describes the changes in housing availability over the last two centuries and offers projections of what this century might bring, and how possible changes will affect the elderly. Discussion includes condominiums, cooperatives, and planned communities, and how these types of ownership can relate to retirees. The return to higher density housing along with mixed land usage is discussed in detail.
Using Family Limited Partnerships For Estate Planning, Milton Childs
Using Family Limited Partnerships For Estate Planning, Milton Childs
Marquette Elder's Advisor
By using a family limited partnership, parents can keep control of a family enterprise while providing limited ownership rights to their children. Estate planners can use this device to protect assets and reduce income taxes. Childs suggests and explains different methods of reducing or eliminating estate taxes, discussing the need to differentiate between safe and dangerous assets.
Dealing With Hipaa: Powers Of Attorney, Record Releases, Court Orders, And Subpoenas, Thomas J. Murphy
Dealing With Hipaa: Powers Of Attorney, Record Releases, Court Orders, And Subpoenas, Thomas J. Murphy
Marquette Elder's Advisor
Although the Health Insurance Portability and Accounting Act (HIPAA) enhanced the privacy of individual's health records, the Act reduced the accessibility of medical information to caring loved ones. Murphy gives thoughtful advice on counseling clients about health care powers of attorney, record releases, springing powers of attorney, stand alone medical record releases, and the special status of psychotherapy notes.
Serving Our Elders- Advocates And Adversaries, Stephanie Sue Stein
Serving Our Elders- Advocates And Adversaries, Stephanie Sue Stein
Marquette Elder's Advisor
While the Older Americans Act creates a remarkable structure under which various advocates can work together for the benefit of the elderly, situations can arise in which different viewpoints or interpretations of law can pit advocates against each other. Three case study examples are given. Stein acknowledges that different perspectives are inevitable and recommends working together instead of letting disputes escalate.
The Disjunction Between Prevention And Compensation Of Hip Fractures Among Elderly Citizens: The Law's Role In Creating Ex Ante Incentives, Janis Sarra
Marquette Elder's Advisor
This article examines the relationship between the compensation for and the prevention of hip fractures among the growing population of seniors in Canada. Sarra postulates that the current system expends funds on liability protection that would be better spent on prevention. Options explored are no-fault compensation, redirecting legal resources, negotiated risk, and adjust[ing] the tax base to ensure that there are sufficient resources to support elderly individuals.
Using The Web For Free Legal Research: A Comparison Of Findlaw, Lexisone, And The Legal Information Institute Websites, Kathryn Hensiak
Using The Web For Free Legal Research: A Comparison Of Findlaw, Lexisone, And The Legal Information Institute Websites, Kathryn Hensiak
Marquette Elder's Advisor
Free legal research can be conducted on these three websites. While these sites do not research as far back as Westlaw and LexisNexis, all provide links to federal and state case law, but each has some advantages and disadvantages which are discussed in detail. LesixONE has the option to jump to LexisNexis (with a credit card) for further detail.
Veteran's "Pension": Non-Service Connected Veteran's Benefits For The Elderly And Disabled, Alice Reiter Feld
Veteran's "Pension": Non-Service Connected Veteran's Benefits For The Elderly And Disabled, Alice Reiter Feld
Marquette Elder's Advisor
Veteran's benefits can be service connected or non-service connected. A non-service connected benefit available to certain war-time veterans or their dependents is an improved pension for those disabled and in financial need. This article delves into service requirements, disability requirements, net worth requirements, and income requirements, and gives several examples to determine if funding would be available for non-covered expenses, such as long-term care.
Prosecuting Crimes Against The Elderly While Addressing The Victim's Loss Of Autonomy, Preston Mighdoll
Prosecuting Crimes Against The Elderly While Addressing The Victim's Loss Of Autonomy, Preston Mighdoll
Marquette Elder's Advisor
Using three case studies as examples, Mighdoll illustrates the emotional problems encountered by victims after their abusers are removed from the situation. Often the victim has become so dependent on the abuser that independent living is no longer possible and relocation is necessary. The team efforts of the task force in Palm Beach County to work with these problems are described in detail.
Book Review: Elder Mistreatment: Abuse, Neglect, And Exploitation In An Aging America, Marshall B. Kapp
Book Review: Elder Mistreatment: Abuse, Neglect, And Exploitation In An Aging America, Marshall B. Kapp
Marquette Elder's Advisor
While congress considers (and passes) legislation to fight elder mistreatment, most legal action occurs at the state level through state Adult Protection Service laws, often imposing criminal liability on elder mistreatment. Mandatory or voluntary reporting laws apply in many states. The National Research Council Report recommends enhanced research on the effectiveness of various interventions, and recommends that researchers be exempt from reporting requirements.
Responding To Domestic Abuse In Later Life, Bonnie Brandl, Julie Rozwadowski
Responding To Domestic Abuse In Later Life, Bonnie Brandl, Julie Rozwadowski
Marquette Elder's Advisor
Some forms of elder abuse are really a continuation or increase of earlier abuse and reflect a pattern of coercive tactics to maintain control. The authors go into great detail in recommending the L.A.B.O.R. model. Look for signs, Ask questions, Believe the victim, Offer support, and Refer. Many signs and signals of abuse are given to aid in evaluating seemingly abusive situations.
Elder Abuse: Indicators And Examples, Susan Beerman
Elder Abuse: Indicators And Examples, Susan Beerman
Marquette Elder's Advisor
Elder abuse can occur in many ways and involve people from all walks of life. This article lists some of the more obvious and observable signs of abuse and also many of the more subtle signals that may indicate the possibility of abuse and bear further investigation. The effects of self neglect and caregiver stress and their relationship to elder abuse are also discussed.
Essay- Passing It On: The Inheritance, Ownership And Use Of Summer Houses, Ken Huggins
Essay- Passing It On: The Inheritance, Ownership And Use Of Summer Houses, Ken Huggins
Marquette Elder's Advisor
This essay discusses the many problems encountered when a summer vacation home is passed along to the next generations, such as assigning time slots and sharing responsibilities among various generations. Ways to make such situations work are explored. The suggested option is a formal operating agreement. Developing such an agreement and a comprehensive list of what might be included are discussed.
Basis In Inheritance After Egtrra, Sharon Kovacs Gruer
Basis In Inheritance After Egtrra, Sharon Kovacs Gruer
Marquette Elder's Advisor
This final section elaborates on establishing carryover basis in situations involving inheritances, focusing on changes established under EGTRRA (the Economic Growth and Tax Relief Reconciliation Act of 2001). Included are discussions of operating loss carryover, unused built-in losses, qualified spousal property, and property transferred prior to or after death. Marital planning, including QTIP trusts and allocation of basis issues, are explored.
Carryover Basis For Gifts & Joint Tenancies, Nell Graham Sale
Carryover Basis For Gifts & Joint Tenancies, Nell Graham Sale
Marquette Elder's Advisor
This section discusses how carryover basis is established and adjusted when property, including real property and financial instruments, is gifted (including gift tax adjustments). Implications of revocable and irrevocable trusts are explored, and issues involving the use of joint tenancy, especially those that might apply to today's elderly, are examined.
Calculating And Adjusting Basis, Bradley J. Frigon
Calculating And Adjusting Basis, Bradley J. Frigon
Marquette Elder's Advisor
This section illustrates the various ways property may be acquired, and how the resulting basis may be established. Included are discussions of cost basis, exchange basis, exchange for service basis, and how basis may be adjusted, as well as the effects of improvements, depreciation, and allocation. Special rules for stocks, mutual funds, and home offices are explained. Rules for establishing basis at disposition are also included.
Life Care Agreements: A Contractual Jekyll And Hyde?, Donna S. Harkness
Life Care Agreements: A Contractual Jekyll And Hyde?, Donna S. Harkness
Marquette Elder's Advisor
Many seniors who plan to surrender title to their home, often their only major asset, in exchange for the promise of life-long care often fail to seriously consider possible pitfalls and take the necessary steps to prevent them, being overly trustful of close family members or friends. Several options are suggested, along with ways to make such a transaction more equitable to all parties.