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Articles 241 - 260 of 260
Full-Text Articles in Elder Law
Proposing An Amendment To Article 81 To Allow Invalidation Of Wills As Part Of, Or Subsequent To, A Proceeding For Appointment Of A Guardian, Jody Saltzman
Cardozo Journal of Equal Rights & Social Justice
The note examines the legal challenges surrounding the revocation of Wills and Powers of Attorney, particularly in cases involving individuals with dementia. It argues that current legal frameworks, such as New York's postmortem probate system, often fail to address issues of testamentary capacity and undue influence effectively. The analysis highlights the significance of the In re Ruby Slater case, which demonstrates the potential benefits of allowing Will revocations under Article 81 guardianship proceedings. The note advocates for legal reforms to improve the handling of such cases, ensuring greater certainty for testators and protecting vulnerable individuals from exploitation.
The Uniform Health-Care Decisions Act And Its Progress In The States, David M. English
The Uniform Health-Care Decisions Act And Its Progress In The States, David M. English
Faculty Publications
Over the past decade, planning for health care decision making through the making of an advance directive has become a routine part of personal counseling. Public interest in the subject has been fueled by well-publicized cases such as Cruzan v. Director, Missouri Department of Health, 497 U.S. 261 (1990). In response to this interest, most states authorize their citizens to make at least one form of advance directive: all states statutorily authorize powers of attorney for health care, and all but Massachusetts, Michigan and New York authorize living wills. State legislation has been a mixed blessing. Although intended to facilitate …
Dead Hands And State Actors: Theracially Discriminatory Charitable Trustin Hermitage Methodist Homes, Dean Barclay
Dead Hands And State Actors: Theracially Discriminatory Charitable Trustin Hermitage Methodist Homes, Dean Barclay
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Lawyers' Ethical Dilemmas: A "Normal" Relationship When Representing Demented Clients And Their Families, Robert B. Fleming, Rebecca C. Morgan
Lawyers' Ethical Dilemmas: A "Normal" Relationship When Representing Demented Clients And Their Families, Robert B. Fleming, Rebecca C. Morgan
Georgia Law Review
The Anglo-American legal system, based as it is on an adversary system of justice, assumes that two or more legal combatants, capably arguing their respective positions, can best ensure that the correct answer will become apparent to a neutral decisionmaker, the judge. The system assumes competent parties with adept legal representation, presenting their respective sides of the case with little involvement by the judge. This ideal can be difficult, even impossible, to reach when one party is demented.' Indeed, in such a case the problem with this traditional legal model is even deeper-there may be no clear adversarial distinction between …
Recommendations Of The Joint Conference
Recommendations Of The Joint Conference
Georgia Law Review
Health-care and financial planning for the client with diminished capacity requires a holistic approach that includes consideration of the realities of dementia progression, cultural and linguistic diversity, capacity that may vary over time, issues of surrogate decision making, and recognition of the client's vulnerability to abuse, neglect, exploitation and undue influence. A goal of legal planning should be to limit the use of guardianship to the greatest extent possible.
Living Trusts In The Unauthorized Practice Of Law: A Good Thing Gone Bad, Angela M. Vallario
Living Trusts In The Unauthorized Practice Of Law: A Good Thing Gone Bad, Angela M. Vallario
All Faculty Scholarship
An elderly man recently lost his wife and visits the lawyer's office for assistance in the administration of her estate. After the attorney expresses her condolences, she asks if his wife had a will. The client reaches into a brown shopping bag and retrieves a two-and-a-half inch black binder containing several trusts. The elderly gentleman and his deceased wife were told this would eliminate the expensive legal nightmare of probate. Unfortunately, like many others, this couple was victimized by a trust mill.
Boggs V. Boggs: Creating Real-Life Cinderellas, 33 J. Marshall L. Rev. 271 (1999), Heather J. Rose
Boggs V. Boggs: Creating Real-Life Cinderellas, 33 J. Marshall L. Rev. 271 (1999), Heather J. Rose
UIC Law Review
No abstract provided.
Probate From The Ground Up, Oregon Law Institute, Shirley A. Bass, Stephen E. Kantor, Ron D. Bailey, Dean T. Sandow, Mark M. Williams, James R. Cartwright, Carolyn W. Miller, Richard A. Pagnano
Probate From The Ground Up, Oregon Law Institute, Shirley A. Bass, Stephen E. Kantor, Ron D. Bailey, Dean T. Sandow, Mark M. Williams, James R. Cartwright, Carolyn W. Miller, Richard A. Pagnano
Oregon Law Institute, 1998
Course Materials from the May 15, 1998 Program in Portland
Handling Claims For Minor And Disabled Plaintiffs: Coordinating All Aspects Of The Case, Oregon Law Institute, Elizabeth Welch, Robert P. Jones, Doug M. Fellows, Elden M. Rosenthal, Donna R. Meyer, Jack Meligan, Jane Paulson, Cynthia L. Barrett, Beth Gafur, Jude Mollgaard, Richard H. Mills, David Rollins
Handling Claims For Minor And Disabled Plaintiffs: Coordinating All Aspects Of The Case, Oregon Law Institute, Elizabeth Welch, Robert P. Jones, Doug M. Fellows, Elden M. Rosenthal, Donna R. Meyer, Jack Meligan, Jane Paulson, Cynthia L. Barrett, Beth Gafur, Jude Mollgaard, Richard H. Mills, David Rollins
Oregon Law Institute, 1998
Course Materials from the April 10, 1998 Program in Portland
Guardianships And Conservatorships, Oregon Law Institute, S. Jane Patterson, Mark M. Williams, Maggie Biondi, Carol J. Kyle, Jennifer L. Wright, Elizabeth Welch
Guardianships And Conservatorships, Oregon Law Institute, S. Jane Patterson, Mark M. Williams, Maggie Biondi, Carol J. Kyle, Jennifer L. Wright, Elizabeth Welch
Oregon Law Institute, 1997
Course Materials from the October 10, 1997 Program in Portland
Distributions From Qualified Plans And Ira' S, Oregon Law Institute, Everett R. Moreland, Bruce J. Temkin, Deborah L. Thomas
Distributions From Qualified Plans And Ira' S, Oregon Law Institute, Everett R. Moreland, Bruce J. Temkin, Deborah L. Thomas
Oregon Law Institute, 1997
Course Materials from the June 13, 1997 Program in Portland
Advanced Issues For Elderlaw Practitioners, Oregon Law Institute, Michael E. Haglund, Penny L. Davis, Richard A. Pagnano, Donna R. Meyer, Tim Nay, Sam Friedenberg
Advanced Issues For Elderlaw Practitioners, Oregon Law Institute, Michael E. Haglund, Penny L. Davis, Richard A. Pagnano, Donna R. Meyer, Tim Nay, Sam Friedenberg
Oregon Law Institute, 1997
Course Materials from the April 18, 1997 Program in Portland
Foundations Of Elderlaw, Oregon Law Institute, Mark M. Williams, Dady K. Blake, Maggie Biondi, J. Geoffrey Bernhardt, Kristianne Cox, S. Jane Patterson, Cinda M. Conroyd, Wesley D. Fitzwater, Elizabeth A. Mckinney
Foundations Of Elderlaw, Oregon Law Institute, Mark M. Williams, Dady K. Blake, Maggie Biondi, J. Geoffrey Bernhardt, Kristianne Cox, S. Jane Patterson, Cinda M. Conroyd, Wesley D. Fitzwater, Elizabeth A. Mckinney
Oregon Law Institute, 1997
Course Materials from the April 18, 1997 Program in Portland
Beyond The Basics: New Developments In Probate Practice, Oregon Law Institute, Mark M. Williams, Heather O. Gilmore, Elizabeth Welch, Rita Batz Cobb, Robert R. Selander, Jennifer B. Todd
Beyond The Basics: New Developments In Probate Practice, Oregon Law Institute, Mark M. Williams, Heather O. Gilmore, Elizabeth Welch, Rita Batz Cobb, Robert R. Selander, Jennifer B. Todd
Oregon Law Institute, 1996
Course Materials from the May 31, 1996 Program in Portland
Acting As Agent Under A Financial Durable Power Of Attorney: An Unscripted Role, Carolyn L. Dessin
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 …
Protective Proceedings - New Realities: Changes To Guardianship And Conservatorship Law, Oregon Law Institute, Mark M. Williams, Jennifer L. Wright, Wesley D. Fitzwater, Carol J. Kyle, Penny L. Davis
Protective Proceedings - New Realities: Changes To Guardianship And Conservatorship Law, Oregon Law Institute, Mark M. Williams, Jennifer L. Wright, Wesley D. Fitzwater, Carol J. Kyle, Penny L. Davis
Oregon Law Institute, 1995
Course Materials from the September 22, 1995 Program in Portland
Planning For Moderate Estates, Oregon Law Institute, Heather O. Gilmore, Richard A. Pagnano, Wesley D. Fitzwater, Shirley A. Bass, S. Jane Patterson, Mark M. Williams
Planning For Moderate Estates, Oregon Law Institute, Heather O. Gilmore, Richard A. Pagnano, Wesley D. Fitzwater, Shirley A. Bass, S. Jane Patterson, Mark M. Williams
Oregon Law Institute, 1995
Course Materials from the May 12, 1995 Program in Portland
Elder Law In The Nineties, Peter J. Strauss
Elder Law In The Nineties, Peter J. Strauss
Articles & Chapters
The need to reconsider estate planning, placing a greater emphasis on life planning, is the theme of Peter J Strauss's essay. He provides an overview of the status of the elderly in the United States and reminds the reader that the legal profession has not yet adequately addressed the needs of this segment of the population. The life planning components are discussed and corporations are urged to attend to such employee planning needs so as to enhance productivity at work and to improve the quality of their employees' lives.
Before Guardianship: Abuse Of Patient Rights Behind Closed Doors, Peter J. Strauss
Before Guardianship: Abuse Of Patient Rights Behind Closed Doors, Peter J. Strauss
Articles & Chapters
No abstract provided.
Your Money Or Your Wife's?: Social Security Changes Considered, Neal Devins
Your Money Or Your Wife's?: Social Security Changes Considered, Neal Devins
Faculty Publications
No abstract provided.