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Articles 151 - 180 of 410
Full-Text Articles in Elder Law
Promises And Problems In Alternative Dispute Resolution For The Elderly, Kevin Gibson
Promises And Problems In Alternative Dispute Resolution For The Elderly, Kevin Gibson
Marquette Elder's Advisor
Gibson describes several different practices which fall under the umbrella of alternative dispute resolution (ADR), including arbitration, mediation, and the role of an ombudsman. A comprehensive discussion of the mediation process describes the techniques a mediator may employ to assist parties in resolving their disputes, and uses examples of applying such techniques in situations involving senior citizens or nursing home disputes.
Alternative Medicine In The Elderly: Use And Abuse, Piero Antuono, Jennifer Jones, Jan Beyer
Alternative Medicine In The Elderly: Use And Abuse, Piero Antuono, Jennifer Jones, Jan Beyer
Marquette Elder's Advisor
Written by health care professionals, this article investigates the use and usefulness of complementary and alternative medicines (CAMs) by senior citizens. These entities, classified by the FDA as dietary supplements, are among the most widely prescribed drugs in Europe. CAMs discussed include gingko biloba for vascular disease and dementia, glucosamine and chondroitin for arthritis, saw palmetto for benign prostate hypertrophy, St. John's Wort for depression, and valerian for insomnia.
Pain Management In Long-Term Care: Update On Guidelines And Jcaho Standards, Jayne E. Pawasauskas, Andrea F. Luisi
Pain Management In Long-Term Care: Update On Guidelines And Jcaho Standards, Jayne E. Pawasauskas, Andrea F. Luisi
Marquette Elder's Advisor
The authors, both Doctors of Pharmacy, discuss the different levels of pain management in the elderly population. The dangers of side effects of both prescription and non-prescription medications must be considered when evaluating dosing for pain relief or pain prevention. Updated guidelines for patient involvement in pain management protocols in long-term care facilities are examined.
Index: Summer 1999-Spring 2001
Book Review: Nursing Home Litigation: Investigation And Case Preparation, Jane M.R. Mulcahy
Book Review: Nursing Home Litigation: Investigation And Case Preparation, Jane M.R. Mulcahy
Marquette Elder's Advisor
This book presents an introduction to nursing home litigation, which results when the nursing home regulatory system fails. The book contains essays authored by physicians and clinicians, which provide the reader with inside information about nursing home liability. The book also includes information about case preparation and the importance of using a legal nurse consultant.
Tough Love: Making Residential Decisions For The Incapacitated, Vicki J. Bowers
Tough Love: Making Residential Decisions For The Incapacitated, Vicki J. Bowers
Marquette Elder's Advisor
When adult children have to make decisions about their parents' living arrangements, difficult choices make have to be made. Bowers considers independent living at home, home sharing, assisted living, continuing care retirement communities (CCRCs), and nursing homes. Consideration of financial ramifications might include private payment, long-term care insurance, reverse mortgages, veteran's benefits, and medical assistance programs.
Ethical Issues In Representing Husbands And Wives In Estate Planning, Barbara Freedman Wand
Ethical Issues In Representing Husbands And Wives In Estate Planning, Barbara Freedman Wand
Marquette Elder's Advisor
The article discusses the ethical considerations for attorneys representing husbands and wives with potential conflicts of interest. It discusses several common situations that by their very nature raise potential conflicts of interest between the spouses when they consider estate planning. These situations include prenuptial agreements, blended families, and inherited wealth.
Late-State Dementia Care, Christine R. Kovach
Late-State Dementia Care, Christine R. Kovach
Marquette Elder's Advisor
Dementia can be said to progress from early to mid to late stages. The rate of progression is variable, and the needs of the patients and the interventions required do evolve. Specific discussions include nutrition and hydration, behavioral aspects, care options, the use of the Medicare hospice benefit, and care units specially designed for late-stage dementia.
Book Review: Speaking Our Minds, Beth Ellingson
Book Review: Speaking Our Minds, Beth Ellingson
Marquette Elder's Advisor
No abstract provided.
Prescription Drug Use By The Elderly, Richard E. Finlayson
Prescription Drug Use By The Elderly, Richard E. Finlayson
Marquette Elder's Advisor
This article discusses how coexisting medical illnesses interact with aging to complicate the body's ability to safely process drugs. The article also discusses prescription drug misuse, abuse, and dependency by the elderly.
What Is A Certified Elder Law Attorney?, Andrew H. Hook
What Is A Certified Elder Law Attorney?, Andrew H. Hook
Marquette Elder's Advisor
Hook gives an overview of the inception and development of the Certified Elder Law Attorney (CELA) certification program. The article includes discussions on required education, the application process, cost, the application of legal malpractice standards of care, review classes, and the actual examination. (Samples of previous exam questions are included.) Court decisions on communications of specialty certification and modification of pertinent Model Rules (and state adaptations) are included.
Book Review: The Last Childhood, Judith L. Dusell
Book Review: The Last Childhood, Judith L. Dusell
Marquette Elder's Advisor
No abstract provided.
Jury Selection In Aging America: The New Discrimination?, Max B. Rothman, Burton D. Dunlop, Gretchen M. Hirt
Jury Selection In Aging America: The New Discrimination?, Max B. Rothman, Burton D. Dunlop, Gretchen M. Hirt
Marquette Elder's Advisor
This article examines the effects on the judicial system of entrenched stereotypes of the elderly. These stereotypes may be working to drive discriminatory laws, policies, and practices that serve to disenfranchise them of their right to participate in the judicial system by serving as jurors. The article also discusses the implications of this discrimination on the judicial system.
Legal Resources On Elder Abuse In The Institutional Setting, Robin C. Schard
Legal Resources On Elder Abuse In The Institutional Setting, Robin C. Schard
Marquette Elder's Advisor
This article focuses on locating online resources related to institutional elder abuse. The article provides website addresses for the most comprehensive organizations and governmental agencies, along with reviews of their most useful pages.
Special Needs Estate Planning-A Family Perspective, Terry L. Toske
Special Needs Estate Planning-A Family Perspective, Terry L. Toske
Marquette Elder's Advisor
Toske illustrates the need for early estate planning involving the entire family when a developmental disability affects a family member. The importance of maintaining eligibility for government programs is stressed, as well as the benefits of the planning to all concerned. Two case studies are used for illustration. A what do I do now? list is included.
Internet Resources For Retirement Planning, Robin Schard
Internet Resources For Retirement Planning, Robin Schard
Marquette Elder's Advisor
The Internet is an outstanding source of ifnromation on how to prepare for retirement. The author believes it is important to make the best use of it.
Handling Tort Recoveries For Persons Over And Under Age 65, Cheryl C. Mitchell, Ferd H. Mitchell
Handling Tort Recoveries For Persons Over And Under Age 65, Cheryl C. Mitchell, Ferd H. Mitchell
Marquette Elder's Advisor
Winning the case is only the first step in creating a satisfactory outcome for an injured elderly or disabled individual. Myriad rules pertain to the distribution of the award and distribution arrangements may affect current and future eligibility for programs such as Medicaid and SSI.
Spousal Refusal: Preserving Family Savings By "Just Saying No" To Long-Term Care Impoverishment, Scott M. Solkoff
Spousal Refusal: Preserving Family Savings By "Just Saying No" To Long-Term Care Impoverishment, Scott M. Solkoff
Marquette Elder's Advisor
This is a case study of an elderly couple who executed a pre-nuptial agreement to keep their assets separated. When the husband required long-term care, the state required the assets of both to be considered in determining Medicaid eligibility. This article explores the effect and applicability of the Just Say No rule and the difficulty of preserving the assets of the non-institutionalized spouse.
The Communitarian Approach In The Elder Law Construct, A. Frank Johns
The Communitarian Approach In The Elder Law Construct, A. Frank Johns
Marquette Elder's Advisor
Johns suggests that the proposed revisions to the Model Rules do not go far enough in their approach to multiple party representations in elder law issues. He discusses initial client contact, formation of the client-lawyer relationship, client confidences in multiple representation, and intergenerational conflicts. Three interesting case studies are included to highlight the problems that can arise.
Special Needs Trusts To Safeguard Disability Benefits In Personal Injury And Divorce Settlements And Estate Planning, Lawrence A. Friedman
Special Needs Trusts To Safeguard Disability Benefits In Personal Injury And Divorce Settlements And Estate Planning, Lawrence A. Friedman
Marquette Elder's Advisor
To avoid disqualifying a disabled person from government aid, amounts should not be paid outright to the person or to a trusts for his support. Instead, the author suggests it is best to use a Special Needs Trust.
Sexual Abuse In Nursing Homes, Elizabeth A. Capezuti, Deborah J. Swedlow
Sexual Abuse In Nursing Homes, Elizabeth A. Capezuti, Deborah J. Swedlow
Marquette Elder's Advisor
This article describes the common characteristics of sexually abused nursing home residents and details the many physical and psychological consequences of sexual abuse. The article considers the victim's ability to report the abuse and how to compassionately conduct the victim interview and collect evidence. The article discusses relevant federal and state law and analyzes various theories of liability.
From The Editor, Alison Mcchrystal Barnes
From The Editor, Alison Mcchrystal Barnes
Marquette Elder's Advisor
No abstract provided.
Guardians And Wills: "Substituted Judgment" In Estate Planning Deserves Another Look, Edward A. Shipe
Guardians And Wills: "Substituted Judgment" In Estate Planning Deserves Another Look, Edward A. Shipe
Marquette Elder's Advisor
In some circumstances, a guardian is faced with estate planning documents that may not reflect the ward's true intentions. In many states, the guardian has no option to alter or change those documents. The author asserts that in some circumstances, a guardian should have the authority to change a ward's estate plan.
Friendly Peruasion, Good Salesmanship, Or Undue Influence, Mary Joy Quinn
Friendly Peruasion, Good Salesmanship, Or Undue Influence, Mary Joy Quinn
Marquette Elder's Advisor
Undue influence is the substituion of one person's will for the true desires of another. Unlike common persuasion and sale techniques, fraud, duress, threats, or other deceits are often features of undue influence.
The Pressure Sore Case: A Medical Perspective, Jeffrey M. Levine
The Pressure Sore Case: A Medical Perspective, Jeffrey M. Levine
Marquette Elder's Advisor
Although bedsores sometimes result from inadequate care, not all cases involving pressure ulcers merit a lawsuit. This article adopts a medical perspective in its consideration of the pressure sore case, particularly when evaluating deviation from the standard of care. It also provides practice tips for caregivers wishing to avoid pressure sore litigation.
Role Of Legal Nurse Consultant In Gathering And Analyzing The Nursing Home Record, Deborah D. D'Andrea
Role Of Legal Nurse Consultant In Gathering And Analyzing The Nursing Home Record, Deborah D. D'Andrea
Marquette Elder's Advisor
The legal nurse consultant (LNC) can be a powerful asset in litigation involving nursing home care. This article discusses how the medical expertise of the nurse is useful in the gathering, organizing, and analyzing of the voluminous records that accompany such cases. It also discusses which information prepared by the LNC is work product and which is discoverable.
Remedying Financial Abuse By Agents Under A Power Of Attorney For Finances, Michele M. Hughes
Remedying Financial Abuse By Agents Under A Power Of Attorney For Finances, Michele M. Hughes
Marquette Elder's Advisor
Although financial elder abuse is often viewed as involving vulnerable victims, most victims are competent.
Legal Aspects Of Chemical Restraint Use In Nursing Homes, Julie A. Braun, Lawrence A. Frolik
Legal Aspects Of Chemical Restraint Use In Nursing Homes, Julie A. Braun, Lawrence A. Frolik
Marquette Elder's Advisor
Chemical restraint, which is the excessive control of behavior through the use of medication, is just one of the many risks faced by nursing home residents. This article explores the definition of chemical restraint, its adverse effects, relevant federal and state laws and regulation, customary industry practice, and practice tips for correcting discovered abuse.