Law Commons^™

The Hidden Struggle: Challenges Older Women Face In Nevada, Annie Vong

Student Research

In 2020, almost one in five Nevadans was over the age of 65.[1] However, within this age group, women outnumber men due to longer life expectancies[2] and migration patterns. Women over 65 years of age make up an estimated 18.1% of the female population in Nevada.[3] Of the male population in Nevada, 15.1% are over 65 years of age.[4] Older women are less likely to be married, are less likely to have completed a bachelor’s degree, are more likely to drop out of the labor force, and are more likely to be living in poverty in …

Peer-Mediated Family Support Project: Evaluation Of Changes In Family Quality Of Life, Preethy S. Samuel, Elizabeth Janks, Nia S. Anderson, Michael Bray, Christina Topolewski, Sharon Milberger

Developmental Disabilities Network Journal

The Family Quality of Life (FQOL) approach represents a paradigm shift from fixing to supporting people with intellectual/developmental disabilities (I/DD) by changing the focus from the individual to the family and highlighting strengths rather than deficiencies. Aging family caregivers of individuals with I/DD often encounter obstacles, including accessibility, acceptability, and affordability of services. Little is known about best practices to support aging families of adults with I/DD. Understanding how a state-wide peer-mediated family support project implemented in this study helped improve the FQOL of aging caregivers is important in broadening participation of other caregivers in these types of programs. To …

Improving Outcomes For Youth Aging Out Of Foster Care By Increasing The Age And Quality Of Care, Louisa Maria Portnoy

Hofstra Law Review

The article addresses the challenges faced by youth aging out of foster care, particularly in New York. It highlights the difficulties they encounter when they are suddenly expected to live independently without proper support. It suggests restructuring existing programs to better equip these youth with life skills and external resources.

Encounters Between The Elderly And Law Enforcement

Contemporary Southern Psychology

The elderly population is growing dramatically throughout the world. Out of this growth comes an increase in the number of encounters between the aged and law enforcement. These encounters occur because of a variety of factors including mental illnesses and addictions. Furthermore, older adults may be victims as evidenced in different forms of abuse such as physical, emotional, or financial abuse. Sadly, some documentation exists that older adults are committing more crimes. Multiple reasons have been postulated for these crimes including poverty, jealousy, and boredom. All of these different situations with the aged have created an increase in the number …

Aging, Health, Equity, And The Law: Foreword, Joan C. Foley

Touro Law Review

No abstract provided.

The Coronavirus And The Risks To The Elderly In Long-Term Care, William Gardner, David States, Nicholas Bagley

Articles

The elderly in long-term care (LTC) and their caregiving staff are at elevated risk from COVID-19. Outbreaks in LTC facilities can threaten the health care system. COVID-19 suppression should focus on testing and infection control at LTC facilities. Policies should also be developed to ensure that LTC facilities remain adequately staffed and that infection control protocols are closely followed. Family will not be able to visit LTC facilities, increasing isolation and vulnerability to abuse and neglect. To protect residents and staff, supervision of LTC facilities should remain a priority during the pandemic.

Silver And Old: How Emtala's Outdated Appropriate Medical Screening Standard Impacts The Aging Population, Madisyn Uekawa

Seattle University Law Review

With the U.S. elder population on the brink of booming, attention to the ramifications of legal standards that affect them is a must. In 2018, the Sixth Circuit split from its sister circuits and solidified an interpretation of the Emergency Medical Treatment and Labor Act’s (EMTALA) “appropriate medical screening” standard that will adversely affect aging individuals. Since older adults are the most likely demographic to use emergency care services, laws that impact emergency care will inevitably trickle down to this group of people. To protect already vulnerable older adults, EMTALA should be modified in such a way that (1) it …

Digital Health Privacy In Active-Aging Settings: Will The Law Let You Age Well?, Tara Sklar, Richard Carmona, Kathie Insel, Christopher Robertson

Faculty Scholarship

What is privacy and how are our interpretations of it changing with advances in technology? This question, and concerns around potentially violating a person’s right to privacy, have been emerging across industries around the world. Senior living providers have increased their exposure to privacy risks with the shift to implementing sensors throughout their communities. Typically located in digital health devices that can be worn on the body or placed in the environment, these sensors are capable of collecting and tracking data relevant to a person’s health and well-being on a continuous monitoring basis.

There are privacy laws and a growing …

An Analysis Of The Universal Home Care Program: Considerations For Implementation With The Context Of Maine's Existing Ltss Programs, Eileen J. Griffin Jd, Elizabeth C. Gattine Jd, Louise Olsen, Stuart Bratesman Mpp

Disability & Aging

A citizen initiative on the November 2018 ballot (Question 1, An Act to Establish Universal Home Care for Seniors and Persons with Disabilities) would establish a "Universal Home Care Program" (UHC Program) to serve older adults and persons with a disability living in Maine. This report does not constitute either support for or opposition to the referendum but is intended as an independent assessment of how the UHC Program could be implemented if it were to be approved by Maine voters. This analysis focuses on the implications of the UHC Program within the context of the Medicaid and …

Using Human-Centered Design Leadership To Improve The Care Of Older Adults With Disabilities, Daniel Eadens, Danielle Eadens

EGS Content

As the population of individuals with disabilities is rapidly aging, organizations face new challenges inperson-centered care, especially in residential facilities where their caregivers are not family members butindividuals with diverse cultural backgrounds and limited understanding of American culture. There aremany organizations which offer a range of services to individuals with disabilities, including communitybasedresidential settings where caregivers work with adults to increase independence in daily living skilldevelopment, behavior management, personal care, medication administration, and other services andactivities. Complications arise when caregivers lack the knowledge, training, cultural understanding, andcommunication skills necessary to provide quality care. Much more skill acquisition is needed than …

The Future Of The Life Cycle | Designing The Future, Jennifer Dixon

Staff Publications

No abstract provided.

The Ethics Of Health Care Rationing: An Introduction, By Greg Bognar And Iwao Hirose, Alanna Mcgovern

Journal of Aging, Longevity, Law, and Policy

No abstract provided.

Introduction, Howard S. Krooks , Guest Editor

Journal of Aging, Longevity, Law, and Policy

No abstract provided.

Foreword, Patricia E. Salkin

Journal of Aging, Longevity, Law, and Policy

No abstract provided.

Aging In Comparative Perspective: Processes And Policies, By Ian Gillespie Cook And Jamie Halsall, Jenna M. Cohn

Journal of Aging, Longevity, Law, and Policy

No abstract provided.

Being Mortal: Medicine And What Matters In The End, By Atul Gwande, Tara Darling

Journal of Aging, Longevity, Law, and Policy

No abstract provided.

The Silver Tsunami: Aging Prisoners, Early Release, Guardianship And Prisoner Advocate Initiatives For Long Term Care Beyond The Prison Walls, Martina E. Cartwright

Journal of Aging, Longevity, Law, and Policy

No abstract provided.

Advance Directives: A Case Of Changing Social Norms And Their Legal Implications, Ira Bedzow

Journal of Aging, Longevity, Law, and Policy

No abstract provided.

Recharging Adult Guardianship Reform: Six Current Paths Forward, Erica Wood

Journal of Aging, Longevity, Law, and Policy

No abstract provided.

Mor[T]Ality And Identity: Wills, Narratives, And Cherished Possessions, Deborah S. Gordon

Deborah S Gordon

Sexuality And Incapacity, Alexander Boni-Saenz

All Faculty Scholarship

No abstract provided.

Pension Action Center: Protecting Your Retirement, Louise Cataldo, Michele Tolson

Office of Community Partnerships Posters

The Pension Action Center (PAC) is a one-of-a-kind organization serving New England and Illinois that touches the lives of thousands of low- moderate income people, who often have nowhere else to turn when they need help understanding and obtaining their retirement benefits.

The Future Is Now: Legal Planning For Elders, Jennifer Eastman

Maine Policy Review

Legal planning for elders focuses on protecting retirement income and finding ways to pay for long-term health care. Jennifer Eastman discusses estate and tax planning and planning for retirement income, Social Security issues, and asset preservation. She notes that protecting elder adults requires planning and advocating for (or against) policy changes that could adversely affect elders.

Perspectives - Kimse Yok Mu: An Organization’S Effort For The Advancement Of Life, James Hagy, Shaan Lodi

Rooftops Project

The Rooftops Project’s Shaan Lodi talks with Turkish relief organization Kimse Yok Mu about its approach to the real estate needed to support disaster response and other work in often challenging settings in 96 countries.

The Vexations Of Aging From The Imagination (A Lot) And Life (A Little) Of Bill Miller, James J. White

Reviews

Bill Miller has done something quite uncommon, possibly singular: he has become a prominent law professor by writing books that have nothing to do with the law. His books do not even have the remote relation to law that books by philosophers or historians can claim. Having studied medieval history before law school and achieved law school tenure by teetering on the edge of law in his work on Icelandic sagas, Miller jumped the fence completely in his books The Mystery of Courage, The Anatomy of Disgust, and Faking It. He has never returned. Presumably, this Review earned a place …

Retiree Out-Of-Pocket Healthcare Spending: A Study Of Consumer Expectations And Policy Implications, Allison K. Hoffman, Howell E. Jackson

All Faculty Scholarship

Even though most American retirees benefit from Medicare coverage, a mounting body of research predicts that many will face large and increasing out-of-pocket expenditures for healthcare costs in retirement and that many already struggle to finance these costs. It is unclear, however, whether the general population understands the likely magnitude of these out-of-pocket expenditures well enough to plan for them effectively. This study is the first comprehensive examination of Americans’ expectations regarding their out-of-pocket spending on healthcare in retirement. We surveyed over 1700 near retirees and retirees to assess their expectations regarding their own spending and then compared their responses …

Legal Guadians' Authority To Consent To Do-Not-Resuscitate Orders, Robert J. Best

Marquette Elder's Advisor

Cardiopulmonary resuscitation (CPR) has saved and prolonged the lives of many, but is it appropriate for elderly and incapacitated individuals? This article examines the role of surrogate decision making in withholding treatment of incapacitated individuals, and provides a list of twelve criteria to assist a guardian to determine what would be in the best interests of the patient.

Growth And Development Of The Assisted Industry, William F. Lasky

Marquette Elder's Advisor

The U.S. General Accounting Office issued a report on quality of care and consumer protection issues in assisted living residences. This article presents an excerpt of William F. Lasky's testimony, on behalf of the Assisted Living Federation of America, at the Senate Special Committee on Aging hearing that addressed this report.

The One-Stop Shop: Beyond Estate Planning, Ann M. Devine

Marquette Elder's Advisor

An investigation of the special needs of the elderly looks to expand the current practice of conventional estate planning beyond the creation of trusts and wills into an innovative business providing holistic life plans and services to address all the needs of aging.

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.