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Full-Text Articles in Law

Long Term Care Coverage: The Role Of Advocacy, Anthony H. Szczygiel Jun 1996

Long Term Care Coverage: The Role Of Advocacy, Anthony H. Szczygiel

Journal Articles

No abstract provided.


Mandatory Reporting Of Suspected Elder Abuse And Neglect: A Practical And Ethical Evaluation Stephen G. Coughlan, Barbara Downe-Wamboldt, Robert G. Elgie, Joan Harbison, Pat Melanson, Marina Morrow Apr 1996

Mandatory Reporting Of Suspected Elder Abuse And Neglect: A Practical And Ethical Evaluation Stephen G. Coughlan, Barbara Downe-Wamboldt, Robert G. Elgie, Joan Harbison, Pat Melanson, Marina Morrow

Dalhousie Law Journal

The Province of Nova Scotia, in keeping with a growing North American trend, has enacted the Adult Protection Act, a law which makes the reporting of elder abuse mandatory in certain instances. This article examines the practical and ethical justifications for such a law and discusses whether scarce public funding and resources might be better allocated in a different manner to combat this serious, but somewhat misconceived, problem. The authors conclude that the legislation may be inappropriate, since from a practical perspective it is unlikely to alter current behaviour and from an ethical perspective, it is unclear that all ethical …


Acting As Agent Under A Financial Durable Power Of Attorney: An Unscripted Role, Carolyn L. Dessin Jan 1996

Acting As Agent Under A Financial Durable Power Of Attorney: An Unscripted Role, Carolyn L. Dessin

Akron Law Faculty Publications

The financial durable power of attorney, also known as a durable power of attorney for property management, is a creature of fairly recent origin. The estate planning bar created it to provide an effective alternative to guardianship or conservatorship proceedings when people become incompetent or incapacitated. Additionally, there was a sentiment that the wealthy had an effective way of dealing with potential disability by creating a funded inter vivos trust, and that such a device was not available to most individuals because of the prohibitive cost. Since its creation, the financial durable power of attorney has become an extremely popular …


Acting As Agent Under A Financial Durable Power Of Attorney: An Unscripted Role, Carolyn L. Dessin Jan 1996

Acting As Agent Under A Financial Durable Power Of Attorney: An Unscripted Role, Carolyn L. Dessin

Carolyn L. Dessin

The financial durable power of attorney, also known as a durable power of attorney for property management, is a creature of fairly recent origin. The estate planning bar created it to provide an effective alternative to guardianship or conservatorship proceedings when people become incompetent or incapacitated. Additionally, there was a sentiment that the wealthy had an effective way of dealing with potential disability by creating a funded inter vivos trust, and that such a device was not available to most individuals because of the prohibitive cost. Since its creation, the financial durable power of attorney has become an extremely popular …


Essay: The Challenge Of Providing Adequate Housing For The Elderly...Along With Everyone Else, Alan C. Weinstein Jan 1996

Essay: The Challenge Of Providing Adequate Housing For The Elderly...Along With Everyone Else, Alan C. Weinstein

Journal of Law and Health

Finally, it seems fittingly ironic that a culture as youth-obsessed as ours faces a demographic future in which those over sixty-five will outnumber those under fourteen for the first time in our history. Irony aside, we are ill-prepared to deal with this new reality on several counts, not the least of which is the failure of our patterns of land use and development to accommodate the changed housing needs of an aging population. Primary among these needs is the stated desire of the elderly to be able to "age in place." To meet this need, America's suburban communities in particular …