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An Essay On The Need For Subsidized, Mandatory Long-Term Care Insurance, Lawrence A. Frolik
An Essay On The Need For Subsidized, Mandatory Long-Term Care Insurance, Lawrence A. Frolik
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Imagine yourself in a room with 100 persons, all age sixty. Of the group, fifty-three are women and forty-seven are men. Racially and ethnically they mirror the population of Americans age sixty. Now answer the question: "Before the 100 die, how many will require long-term care and, on the average, for how many days and at what cost?" Give up? So do I. While it is common knowledge that many of us will need long-term care, no one seems to know how many will need such care or for how long. And some of you will ask, 'What do you …
Promoting Judicial Acceptance And Use Of Limited Guardianship, Lawrence A. Frolik
Promoting Judicial Acceptance And Use Of Limited Guardianship, Lawrence A. Frolik
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Guardianship comes within the special province of judges. In the great majority of guardianship hearings, there is no jury. The presiding judge is the sole arbiter of whether the alleged incapacitated person meets the legal standard of mental incapacity and whether that person would benefit from the appointment of a guardian. If a guardian is appointed, the judge determines the type and extent of the powers granted to the guardian. Of course, the judge is not simply free to follow his or her own instincts or desires, for the judge is bound to determine the facts carefully and apply the …