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Articles 121 - 150 of 410
Full-Text Articles in Elder Law
Petitioning For Grandparent Visitation, State By State, Julie A. Braun
Petitioning For Grandparent Visitation, State By State, Julie A. Braun
Marquette Elder's Advisor
This article discusses varying legislation enacted by all fifty states that allow grandparents to petition for visitation with their grandchildren. While some states allow a grandparent to petition for visitation at any time, the majority of states require a disruption of an intact nuclear family before a grandparent may petition for visitation. The article identifies practice tips and discusses conditions or restrictions a court may impose on the visitation.
From The Editor, Alison Mcchrystal Barnes
From The Editor, Alison Mcchrystal Barnes
Marquette Elder's Advisor
No abstract provided.
Interstate And International Recognition Of Health Care Advance Directives, Russell E. Carlisle
Interstate And International Recognition Of Health Care Advance Directives, Russell E. Carlisle
Marquette Elder's Advisor
This article addresses the issue of interstate recognition of health care advance directives. Conflicts have developed in this area since America is an increasingly mobile society and advance directives are governed by state law. The article investigates the problems associated with varied state laws and the implementation of those laws in other states.
Naela Advocacy Seeks To Influence Public Policy, Emily Starr, Ron Fatoullah
Naela Advocacy Seeks To Influence Public Policy, Emily Starr, Ron Fatoullah
Marquette Elder's Advisor
The National Academy of Elder Law Attorneys is an organization with an agenda. This advocacy group works to improve legislation affecting its professionals and their clients.
Finding Internet Sites On Elder Issues: Health And Human Services, Robin C. Schard
Finding Internet Sites On Elder Issues: Health And Human Services, Robin C. Schard
Marquette Elder's Advisor
Have you ever heard the term information over load? Do you feel it every time you try to find an exact piece of information on the Internet? Here's the place to start.
The One-Stop Shop: Beyond Estate Planning, Ann M. Devine
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.
Client Choice, Wise Counsel, And Economic Realities: The Forces That Shape The Representation Of Elders, Michael K. Mcchrystal
Client Choice, Wise Counsel, And Economic Realities: The Forces That Shape The Representation Of Elders, Michael K. Mcchrystal
Marquette Elder's Advisor
The relationship between a client and attorney, while always complex, may become even more complicated when the client is elderly. This column explores three aspects of particular importance in such cases.
Advising Clients Regarding Lifetime Distributions From Qualified Retirement Plans, Barbara Freedman Wand
Advising Clients Regarding Lifetime Distributions From Qualified Retirement Plans, Barbara Freedman Wand
Marquette Elder's Advisor
This column reviews various requirements of qualified retirement plans, their myriad rules and requirements, and how uninformed decision-making can negatively impact a client's overall program. Wand's column is intended to aid an attorney in advising clients as to the appropriate choices.
The Medicare Managed Care Choice
The Medicare Managed Care Choice
Marquette Elder's Advisor
Medicare managed care still has problems and careful evaluation is critical when choosing a program. Government attempts at providing information have created further confusion and drawn criticism from the professionals. This overview highlights some of the most important issues.
Geriatric Psychiatry And Elder Law: Speaking A Common Language, Richard E. Finlayson
Geriatric Psychiatry And Elder Law: Speaking A Common Language, Richard E. Finlayson
Marquette Elder's Advisor
In his introductory column, Dr. Finlayson discusses issues of competency and informed consent involving the elderly. Dr. Finlayson discusses these issues from a medical perspective demonstrating how the legal and medical issues relating to the elderly and mental health often intersect.
Grandparents' Right To Visitation, Victoria Roth
Grandparents' Right To Visitation, Victoria Roth
Marquette Elder's Advisor
Many lawyers, it seems steer clear of "grandparents' rights" by declining cases in which a court orders parents or stepparents to let a grandparent visit their grandchild. Is it because of lack of familiarity with such action, or are they uneasy with the concept of rights of grandparents?
The Use Of Special Needs Trusts In The Settlement Of Personal Injury Cases, Roger M. Bernstein, Margrit S. Bernstein
The Use Of Special Needs Trusts In The Settlement Of Personal Injury Cases, Roger M. Bernstein, Margrit S. Bernstein
Marquette Elder's Advisor
This article explores the ins and outs of special needs trusts, which can offer your client improved protection against the loss of public benefits. These narrowly defined, specific trusts can help to avoid disqualification from Medicaid.
Income Tax Planning For Long-Term Care, David M. English
Income Tax Planning For Long-Term Care, David M. English
Marquette Elder's Advisor
Dealing with taxes is one of the details that can fall through the cracks during the trying times of sorting out long-term care for an elder. As this article demonstrates, there are many advantages to be gained from keeping up with this aspect of daily affairs. However, the regulations are many and complex and require study and forethought.
Pending Hague Convention On Protection Of Incapacitated Adults, Russell E. Carlisle
Pending Hague Convention On Protection Of Incapacitated Adults, Russell E. Carlisle
Marquette Elder's Advisor
The adoption and ratification of the proposed Hague Convention on the Protection of Incapacitated Adults will provide an expeditious and certain means of solving international problems involving the disabled and the elderly. This article looks at some of the issues addressed by the convention and at the complex process involved in its creation and execution.
Innocence, Negligence, And Common Sense: Tort Liability Of Mentally Impaired Persons, William P. Donaldson
Innocence, Negligence, And Common Sense: Tort Liability Of Mentally Impaired Persons, William P. Donaldson
Marquette Elder's Advisor
Recent case law has dictated changes in the treatment of tort cases involving mentally impaired citizens. This study illuminates the developing exceptions to liability with regard to properly trained professional caregivers.
Crafting A Better Power Of Attorney, Penny L. Davis
Crafting A Better Power Of Attorney, Penny L. Davis
Marquette Elder's Advisor
This article deals with crafting effective powers of attorney that carry out an elder's wishes while simultaneously protecting the elder from potential abuses requires care and diligence. This review of some of the more critical issues, along with examples of how to address them, can help elder law attorneys to better serve their clients
Financial Abuses Of Elderly Clients, Alison Barnes
Financial Abuses Of Elderly Clients, Alison Barnes
Marquette Elder's Advisor
This article identifies what is meant by financial abuse of the elderly, discusses who are the abusers and victims, and illustrates how to identify instances of financial abuse. The author then discusses the possible responses to identified financial abuse, including responses by attorneys, state agencies, and federally mandated programs and acts. She concludes that where an older person is dependent for care on a family member, financial abuse may be best controlled through oversight of the interaction between the caregiver and care receiver, as well as modification of financial arrangements to limit the exposure of the care receiver's assets.
A Tale Of Two Women, Ann J. Pinciss
A Tale Of Two Women, Ann J. Pinciss
Marquette Elder's Advisor
This article is a tale of two women, one living her life to its fullest according to her own wishes, the other dependent upon the substituted judgment of another. This tale is a cautionary tale, highlighting the challenges of balancing substituted judgment against the best interests of someone who, because of incapacity, cannot decide what is best for her
The Role Of The Attorney As Nursing Home Advocate, Andrew P. Brusky
The Role Of The Attorney As Nursing Home Advocate, Andrew P. Brusky
Marquette Elder's Advisor
This article explains the need for attorneys to keep informed about current standards and regulations related to nursing home care. The author identifies the areas of concern to clients and their attorneys such as determining the appropriate placement, or investigate financial and payment options. Surrogate decision-making options may need to be considered. Patients in nursing homes may need attorney assistance in patient rights or quality of care issues, or in disputes concerning patient abuse.
From The Editor, Alison Mcchrystal Barnes
From The Editor, Alison Mcchrystal Barnes
Marquette Elder's Advisor
The Editor has utilized this space to identify for the reader the current state of elder law and its continuing evolution. She then introduces the Elder's Advisor and its goals. Professor Barnes then explains the interactive nature of the Elder's Advisor and invites readers to participate.
Physical Restraint Use In Acute Care Hospitals: Legal Liability Issues, Marshall B. Kapp
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.
Book Review: Aging, Autonomy, And Architecture: Advances In Assisted Living, Jane M.R. Mulcahy
Book Review: Aging, Autonomy, And Architecture: Advances In Assisted Living, Jane M.R. Mulcahy
Marquette Elder's Advisor
This book focuses on the assisted-living environment and is divided into four parts. The first concerns ideal and realistic models; the second discusses physical attributes and environmental designs; the third investigates the perspectives of providers and consumers; and the fourth addresses architectural concerns and characteristics.
Internet Resources Related To Nursing Care Facilities, Robin C. Schard
Internet Resources Related To Nursing Care Facilities, Robin C. Schard
Marquette Elder's Advisor
Schard uses this column to list a number of internet sources available to assist in evaluating various nursing care facilities, and gives a brief overview of what these sites provide. A few of the numerous sites described are the Joint Commission on Accreditation of Healthcare Organizations, the American Health Care Association, and the AARP.
Home-Health Care Coverage Under Medicare, Edward M. Dale, Cheryl Diane Feuerman
Home-Health Care Coverage Under Medicare, Edward M. Dale, Cheryl Diane Feuerman
Marquette Elder's Advisor
This column describes the criteria prerequisites for Medicare coverage of home care, including definitions of homebound status, the requirements for physician certification, and the availability of Medicare managed care programs. As the national cost of home care increased, regulations to rein in costs were enacted. The effects of these changes are discussed in detail.
Pathological Gambling And The Senior Citizen, Richard E. Finlayson
Pathological Gambling And The Senior Citizen, Richard E. Finlayson
Marquette Elder's Advisor
In this column Finlayson reviews information on how pathological gambling can affect senior citizens. In one report sudden cardiac death represented 82% of casino-related fatalities. Gamblers also have higher than average suicide rates. Relationships, substance abuse, and impulse control disorders are examined, as are theories of brain-chemical disorders.
Gift Tax Returns As A Planning Strategy, Daniel J. Walsh
Gift Tax Returns As A Planning Strategy, Daniel J. Walsh
Marquette Elder's Advisor
Timely filing of a properly prepared gift tax return will begin the statute of limitations period for revaluing the gift for gift tax purposes, but not necessarily for estate tax purposes. Walsh describes how the Taxpayer Relief Act of 1997 (TRA'97) can provide a taxpayer with potential solutions and describes how the final regulations provide planning opportunities for attorneys to assist their clients.