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Articles 1321 - 1350 of 6614
Full-Text Articles in Law
Guardianship As A Cultural System: Reflections On The Illinois Guardianship Reform Project, Morris A. Fred
Guardianship As A Cultural System: Reflections On The Illinois Guardianship Reform Project, Morris A. Fred
Marquette Elder's Advisor
This article discusses the reasons for and the problems encountered in setting up the Illinois Guardianship Reform Project. Investigative newspaper articles detailing widespread abuses aroused public demand for reforms. Fred postulates that a change in attitudes and behaviors in regard to the disabled and aging is necessary to balance the widely differing points of view of the various care-givers and court systems in order to both protect the rights of self-determination and provide necessary care
Book Review: Disentitlement? The Threats Facing Our Public Health Care Programs And A Rights-Based Response, Elizabeth A. Conradson Cleary
Book Review: Disentitlement? The Threats Facing Our Public Health Care Programs And A Rights-Based Response, Elizabeth A. Conradson Cleary
Marquette Elder's Advisor
Timothy Jost suggests that, based on the uniqueness of health care, an entitlement-based health-care system would be more efficient than the current market-based system. He explores the increase in entitlements in the current system, and the threats faced due to current political trends. The entitlement to health care in other countries is discussed. Jost postulates that universal access to health care will require legal entitlements.
Counseling Clients About Long-Term Care Expense: What Are The Alternatives?, Richard W. Knueppel
Counseling Clients About Long-Term Care Expense: What Are The Alternatives?, Richard W. Knueppel
Marquette Elder's Advisor
Although many Americans have purchased insurance for long-term care, other options may be available. This article explores nursing home costs, sources of payment, and insurance coverage available. Other options which might be investigated include Health Savings Accounts, Veteran's Administration benefits, adding a long-term care rider to an existing policy, selling a currently held life insurance policy, and a reverse mortgage on a home.
Grandparent Kinship Caregivers, Anna Leonard
Grandparent Kinship Caregivers, Anna Leonard
Marquette Elder's Advisor
With more children having grandparents as their primary caregivers, the informal nature of this relationship in the past is being transformed into a more formalized structure as public financial aid is needed by either the children or their grandparents or both. Leonard explores the difficulties grandparents encounter and the financial ramifications and legal options, including kinship foster care, which must be considered.
Driving And Dementia: A Physician's Perspective, Megan C. Harney, Piero G. Antuono
Driving And Dementia: A Physician's Perspective, Megan C. Harney, Piero G. Antuono
Marquette Elder's Advisor
As one-tenth of adults over sixty-five and one-half of adults over eighty-five are diagnosed with Alzheimer's disease, the need to address the driving ability of such individuals grows as life expectancy increases. Different diagnoses of dementia are discussed, as are various tests which may help determine driving capability. Physicians and family members are urged to recommend re-testing when appropriate.
Older Adults And Addiction: Why We Should Care, Carol Colleran
Older Adults And Addiction: Why We Should Care, Carol Colleran
Marquette Elder's Advisor
Colleran explains some of the causes of alcohol and medication dependence in older adults, such as voluntary or involuntary retirement, death of a loved one, a change of residence, or health problems such as pain or insomnia. Warning signs are detailed, and suggestions for approaching seniors with these problems, including intervention, are given. A list of additional resources is included.
The Secondary Market For Life Insurance Policies: Uncovering Life Insurance's "Hidden" Value, Neil A. Doherty, Brian A. O'Dea, Hal J. Singer
The Secondary Market For Life Insurance Policies: Uncovering Life Insurance's "Hidden" Value, Neil A. Doherty, Brian A. O'Dea, Hal J. Singer
Marquette Elder's Advisor
Increasingly common usage of the secondary market for life insurance policies is discussed in this article which explains the secondary market and describes the benefits of viatical and life settlement firms as well as accelerated death benefits. Changing regulations of the secondary market and suggested ways for counselors to assist clients in specific circumstances are included.
Elder Law And Estate Planning For Gay And Lesbian Individuals And Couples, Ralph Randazzo
Elder Law And Estate Planning For Gay And Lesbian Individuals And Couples, Ralph Randazzo
Marquette Elder's Advisor
This comprehensive article discusses the unique problems in estate planning encountered by gays and lesbians. Among the items explored are joint representation, advance directives, guardianship, long-term care planning and insurance, Medicare and Medicaid planning, nursing home care, exempt transfers, wills, revocable trusts, gift taxation, and the unique problems encountered which counselors must consider when representing gay and lesbian clients.
Grandparents' Visitation Rights: A Survey Of Reciprocal Kinship-Ties Based In Historical Common Law And Legislative Policies, Jane E. Atkinson
Grandparents' Visitation Rights: A Survey Of Reciprocal Kinship-Ties Based In Historical Common Law And Legislative Policies, Jane E. Atkinson
Marquette Elder's Advisor
This article presents an in-depth exploration of the view that family ties and relationships should play an important role in determining grandparent-grandchild visitation rights, based on the important role of the extended family throughout recorded history. Atkinson postulates that post-Troxel visitation decisions should include increased consideration of the value to the child of grandparent visitation.
Medicare Advantage Private Fee-For-Service Plans: What Privatization Means For Today's Beneficiaries, Melissa M. Ostrowski
Medicare Advantage Private Fee-For-Service Plans: What Privatization Means For Today's Beneficiaries, Melissa M. Ostrowski
Marquette Elder's Advisor
Originally solely a government-administered program, Medicare is now offering options involving private insurers. Private fee-for-service plans may offer additional benefits and lower out-of-pocket costs. These plans are expected to have lower administrative costs, but currently require a government subsidy. Advantages and disadvantages of such plans are discussed, and examples showing detailed cost comparisons of two plans, SmartValue Classic and Humana Gold Choice, are given.
The Legal Status Of Gambling In America's Senior Communities , Marc J. Randazza, Daniel Russell
The Legal Status Of Gambling In America's Senior Communities , Marc J. Randazza, Daniel Russell
Marquette Elder's Advisor
More seniors are gambling than ever before, and many may not know whether what they are doing is legal or illegal in their particular jurisdiction. Regulations involving penny-ante games, regular gambling, bingo, and amusement gambling are explored in five jurisdictions: Florida, Arizona, California, Wisconsin (the most restrictive), and Nevada (the least restrictive). Both association and personal liability are discussed.
Book Review: Final Exam: A Surgeon's Reflection On Mortality By Pauline Chen , Kenney F. Hegland
Book Review: Final Exam: A Surgeon's Reflection On Mortality By Pauline Chen , Kenney F. Hegland
Marquette Elder's Advisor
Chen describes modern-day medical practice as a series of situations where something must be done - doing nothing is not an option, almost in defiance of patients' desires. She describes her journey through medical school (and make some comparisons with law school) and tells how patients become representative cases. She speculates that modern cures may spell the demise of bedside manner.
Family Harmony: An All Too Frequent Causality Of The Estate Planning Process , Timothy P. O'Sullivan
Family Harmony: An All Too Frequent Causality Of The Estate Planning Process , Timothy P. O'Sullivan
Marquette Elder's Advisor
In this in-depth article O'Sullivan explores reasons for naming a non-family member as fiduciary, while maintaining family input. Bequests involving family businesses or farms are investigated. Also discussed are issues involving loans to children, compensation for parent care, blended families, and the advisability of discussion of will provisions with adult children, especially if bequests are unequal. In all instances, steps to maintain family harmony are urged.
What's So Special About Medicare Advantage Special Needs Plans? Assessing Medicare Special Needs Plans For "Dual Eligibles", Alissa Halperin, Patricia Nemore, Vicki Gottlich
What's So Special About Medicare Advantage Special Needs Plans? Assessing Medicare Special Needs Plans For "Dual Eligibles", Alissa Halperin, Patricia Nemore, Vicki Gottlich
Marquette Elder's Advisor
In 2003 Medicare Part C became Medicare Advantage, which included provisions for Special Needs Plans (SNP's), which have significant implications for dual eligibles, persons eligible for both Medicare and Medicaid. The authors explore why SNP's are needed, their advantages to beneficiaries if properly set up, why many plans do not meet beneficiaries' needs as well as they might, and draw conclusions for improvement.
Consumer-Driven Long Term Care: Shaping He Government's Role, Marshall B. Kapp
Consumer-Driven Long Term Care: Shaping He Government's Role, Marshall B. Kapp
Marquette Elder's Advisor
This article explores the movement of government and insurance-paid long-term care programs which tend to delineate which services are provided toward a more consumer-driven model. Kapp discusses the necessity of informing consumers of the options available, regulations needed to assure that autonomous consumers have alternative options available, and the criteria needed to assure that clients with inadequate decisional capacity have their interests represented.
Grandparent Molesting: Sexual Abuse Of Elderly Nursing Home Residents And Its Prevention , Robert A. Hawks
Grandparent Molesting: Sexual Abuse Of Elderly Nursing Home Residents And Its Prevention , Robert A. Hawks
Marquette Elder's Advisor
Nursing home residents, especially those with diminished capacity and/or no close relatives nearby, are probably at much greater risk of abuse (especially sexual abuse) than available statistics would indicate. Hawks explains why abuse is underreported, how reporting requirements vary, and describes the effects of elder sexual abuse and its treatment. Legal actions that abused victims and government agencies can or should take and possible legislative changes are also explored.
The Medicare Part D Prescription Drug Benefit: Who Wins And Who Loses? , Enrich Andreas Drotleff
The Medicare Part D Prescription Drug Benefit: Who Wins And Who Loses? , Enrich Andreas Drotleff
Marquette Elder's Advisor
The author examines the new Medicare Part D Program, discusses first the background history which led to its enactment, and then explains how enrollment decisions affect different classes of beneficiaries. The politics involved in the passage of this legislation are explored. Transitioning dual eligibles (those covered by both Medicare and Medicaid) into the new drug program has often resulted in reduced benefits.
Adult Adoption And The Elder Population , Angela Chaput Foy
Adult Adoption And The Elder Population , Angela Chaput Foy
Marquette Elder's Advisor
The author explains how adult adoption differs from the adoption of minors, tells how different states establish varying requirements, and shows that the protections for adopted minors may not always be available to adopted adults. The reasons for and the ramifications of adult adoption (such as inheritance rights) and the resulting effects on the extended families of both parties are examined in detail.
Wal-Mart, Shopko Cart Gathering: A Case For Smith V. City Of Jackson Adea Disparate Impact? , Michael J. Myers
Wal-Mart, Shopko Cart Gathering: A Case For Smith V. City Of Jackson Adea Disparate Impact? , Michael J. Myers
Marquette Elder's Advisor
This article explores the effects on older workers and job applicants caused by proposed and existing policies of big-box retailers to require physical activities in job descriptions for the purpose of lowering health-care costs. The effects of ADEA decisions and the concepts of disparate treatment, disparate impact, and business necessity frame the discussion of how older workers will be affected.
Keeping Peace In The Family While You Are Resting In Peace: Making Sense Of And Preventing Will Contests , Judith G. Mcmullen
Keeping Peace In The Family While You Are Resting In Peace: Making Sense Of And Preventing Will Contests , Judith G. Mcmullen
Marquette Elder's Advisor
Even the best intended wills may be challenged if beneficiaries feel slighted. McMullen discusses various challenges to wills which may be based on grounds of public policy, lack of formalities, undue influence, or lack of testamentary capacity. Reasons for disputes are explored and methods, both technical and non-technical, for avoiding challenges are suggested to help provide for the legacy of a peaceful family.
Tax Planning For Retirement , Vada Waters Lindsey
Tax Planning For Retirement , Vada Waters Lindsey
Marquette Elder's Advisor
As increasing life expectancy and inflation diminish the purchasing power of retirement savings, careful tax planning to maximize funds available to seniors is necessary. Lindsey discusses the taxation of various types of retirement income including traditional and Roth IRAs and Social Security benefits, and explains how careful planning can reduce income and estate taxes. The disparate effects of state income and estate taxes are also explored.
"Whenever Justice Requires": Examining The Elusive Role Of Guardian Ad Litem For Adults With Diminished Capacity, Donna S. Harkness
"Whenever Justice Requires": Examining The Elusive Role Of Guardian Ad Litem For Adults With Diminished Capacity, Donna S. Harkness
Marquette Elder's Advisor
Using several case studies, the author describes the possible difficulties in representing adult clients with diminished capacity, either as an attorney or as a guardian ad litem. Varying qualifications for a GAL, determination of when an appointment is proper, and guidelines for performance are discussed along with the different standards that may be employed for the decisions that are made.
The Schiavo Odyssey: A Tale Of Two Legislative Reprieves , Miriam Rosenblatt-Hoffman
The Schiavo Odyssey: A Tale Of Two Legislative Reprieves , Miriam Rosenblatt-Hoffman
Marquette Elder's Advisor
Between the time that Terri Schiavo's husband received court approval to discontinue her life support systems and her ultimate demise more than five years later, contentious legal battles were waged and specific state and federal laws were enacted to prolong Terri's life. The author postulates and explains why both laws were unconstitutional, and decries the legislative interference in patient autonomy.
To Be Or Not To Be, Should Doctors Decide? Ethical N Legal Aspects Of Medical Futility Policies , Maureen Kwiecinski
To Be Or Not To Be, Should Doctors Decide? Ethical N Legal Aspects Of Medical Futility Policies , Maureen Kwiecinski
Marquette Elder's Advisor
Who should decide when to discontinue life support when such treatment appears to be hopeless? This article explores withdrawal or withholding life-sustaining medical treatment when health-care providers and family members disagree on a course of action which is likely to be futile or inappropriate. Ethical, moral, and legal implications are raised, and the lack of and need for guidelines is discussed.
Elder Mediation: Optimizing Major Family Transitions, Rikk Larsen, Crystal Thorpe
Elder Mediation: Optimizing Major Family Transitions, Rikk Larsen, Crystal Thorpe
Marquette Elder's Advisor
This article postulates that mediation may be an effective way for families to make difficult decisions on how to best care and provide for an elderly family member with declining abilities. Bringing all involved family members together and allowing all to be involved in the decision-making process invests each with a responsibility for decisions made from all the options available.
Elders And End-Of-Life Medical Decisions: Legal Context, Psychological Issues, And Recommendations To Attorneys Serving Seniors , Ed De St. Aubin, Sheila Baer, Joan Ravenelli Miller
Elders And End-Of-Life Medical Decisions: Legal Context, Psychological Issues, And Recommendations To Attorneys Serving Seniors , Ed De St. Aubin, Sheila Baer, Joan Ravenelli Miller
Marquette Elder's Advisor
Much more than the disposition of worldly goods must be considered when preparing legal documents for end-of-life situations. This article stresses the necessity of client autonomy in preparing dispositional gifts as well as decision planning for medical care and treatment for senior citizens, and also explains the concept of Generatively: the desire to contribute to the well-being of . . . future generations.