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Elder Law Commons™

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New York Law School

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Articles 1 - 23 of 23

Full-Text Articles in Elder Law

Elder Law And Special Needs Planning (2019), Bernard A. Krooks, Elizabeth Valentin Dec 2019

Elder Law And Special Needs Planning (2019), Bernard A. Krooks, Elizabeth Valentin

Books

Part One, written by Bernard A. Krooks, Esq., examines the scope and practice of elder law in New York State, covering areas such as Medicaid, long-term care insurance, powers of attorney and health care proxies. Part Two, written by Jessica R. Amelar, Esq., gives the attorney a step-by-step overview of the drafting of a will, from the initial client interview to the will execution.

This practice guide provides an extensive overview to the practice of elder law, special needs planning and will drafting for attorneys entering this field. Health care proxies and related documents, conflicts of interest and ethical considerations, …


10th Annual Pegalis Law Group Health Law Colloquium, New York Law School Oct 2019

10th Annual Pegalis Law Group Health Law Colloquium, New York Law School

Health Law Society Publications

Federalism, ERISA, and State Single-Payer Health Care. How to Make Sense of Future Legislation and the Impact on Population Health

(CLE Presentation on Oct. 24th 2019)

Moderator:

Adam S. Herbst, Esq., Senior Vice President, Chief Legal and Strategic Planning Officer of Blythedale’s Children Hospital; Adjunct Professor at New York Law School teaching Health Law and Policy; Co-director of the NYLS Health Law and Patient Safety Project; Lecturer, Mailman School of Public Health at Columbia University

Panelists:

Honorable Richard N. Gottfried, New York State Assembly (District 75) & Chairman of the Assembly's Committee on Health and Sponsor of …


Texas Leads In Penalized Nursing Homes, Joanne Doroshow Jan 2018

Texas Leads In Penalized Nursing Homes, Joanne Doroshow

Other Publications

No abstract provided.


Forced Arbitration’S Lethal Consequence, Joanne Doroshow Jan 2017

Forced Arbitration’S Lethal Consequence, Joanne Doroshow

Other Publications

No abstract provided.


Said I, But You Have No Choice: Why A Lawyer Must Ethically Honor A Client's Decision About Mental Health Treatment Even If It Is Not What S/He Would Have Chosen, Michael L. Perlin, Naomi Weinstein Jan 2016

Said I, But You Have No Choice: Why A Lawyer Must Ethically Honor A Client's Decision About Mental Health Treatment Even If It Is Not What S/He Would Have Chosen, Michael L. Perlin, Naomi Weinstein

Articles & Chapters

This paper addresses a remarkably under-considered topic: the ethical standards for lawyers representing persons with mental disabilities. Although there is an extensive body of literature endorsing “zealous advocacy” as the standard for the criminal defense lawyer in “ordinary” cases, there is virtually no literature (or case law) on this question in this context.

Our thesis is simple. We reject the model of “paternalism/best interests” that is regularly substituted for a traditional legal advocacy position, and a substitution that is rarely questioned. We believe this presumption flies in the face of statutory law, constitutional law, and international human rights law, and …


Elder Abuse And The Court System: Oil And Vinegar, Bernard A. Krooks, Elizabeth Valentin Jul 2015

Elder Abuse And The Court System: Oil And Vinegar, Bernard A. Krooks, Elizabeth Valentin

Articles & Chapters

No abstract provided.


Context Matters: Disability, The End Of Life, And Why The Conversation Is Still So Difficult, Alicia Ouellette Jan 2014

Context Matters: Disability, The End Of Life, And Why The Conversation Is Still So Difficult, Alicia Ouellette

NYLS Law Review

No abstract provided.


Dispute Resolution Mechanisms For Intractable Medical Futility Disputes, Thaddeus Mason Pope Jan 2014

Dispute Resolution Mechanisms For Intractable Medical Futility Disputes, Thaddeus Mason Pope

NYLS Law Review

No abstract provided.


From Schiavo To Death Panels: How Media Coverage Of End-Of-Life Issues Affects Public Opinion, Sherrie Dulworth Jan 2014

From Schiavo To Death Panels: How Media Coverage Of End-Of-Life Issues Affects Public Opinion, Sherrie Dulworth

NYLS Law Review

No abstract provided.


Advance Directives, Dementia, And Eligibility For Physician-Assisted Death, Paul T. Menzel Jan 2014

Advance Directives, Dementia, And Eligibility For Physician-Assisted Death, Paul T. Menzel

NYLS Law Review

No abstract provided.


Right-To-Die Cases: A New York Historical Perspective, Sol Wachtler Jan 2014

Right-To-Die Cases: A New York Historical Perspective, Sol Wachtler

NYLS Law Review

No abstract provided.


Health Justice Denied Or Delayed At The End Of Life: A Crisis Needing Remedial Action, David C. Leven Jan 2014

Health Justice Denied Or Delayed At The End Of Life: A Crisis Needing Remedial Action, David C. Leven

NYLS Law Review

No abstract provided.


Give Me Liberty At My Death: Expanding End-Of-Life Choice In Massachusetts, Kathryn L. Tucker Jan 2014

Give Me Liberty At My Death: Expanding End-Of-Life Choice In Massachusetts, Kathryn L. Tucker

NYLS Law Review

No abstract provided.


A New Life For Wrongful Living, Nadia N. Sawicki Jan 2014

A New Life For Wrongful Living, Nadia N. Sawicki

NYLS Law Review

No abstract provided.


The Limits Of Autonomy: Force-Feedings In Catholic Hospitals And In Prisons, Ann Neumann Jan 2014

The Limits Of Autonomy: Force-Feedings In Catholic Hospitals And In Prisons, Ann Neumann

NYLS Law Review

No abstract provided.


Introduction, Peter J. Strauss Jan 2013

Introduction, Peter J. Strauss

NYLS Law Review

No abstract provided.


Happy 65th Birthday: What Now?, Peter J. Strauss Jan 2011

Happy 65th Birthday: What Now?, Peter J. Strauss

Articles & Chapters

No abstract provided.


Insurance Coverage For Long Term Care Expenses, Peter J. Strauss Jan 1993

Insurance Coverage For Long Term Care Expenses, Peter J. Strauss

Articles & Chapters

No abstract provided.


Elder Law In The Nineties, Peter J. Strauss Jan 1993

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 Jan 1992

Before Guardianship: Abuse Of Patient Rights Behind Closed Doors, Peter J. Strauss

Articles & Chapters

No abstract provided.


Aging: A New Human Rights Concern--A Policy-Oriented Perspective, Lung-Chu Chen Jan 1987

Aging: A New Human Rights Concern--A Policy-Oriented Perspective, Lung-Chu Chen

Other Publications

No abstract provided.


Ethical Issues In Decision Making, Peter J. Strauss, Nancy Neveloff Dubler Jan 1986

Ethical Issues In Decision Making, Peter J. Strauss, Nancy Neveloff Dubler

Articles & Chapters

No abstract provided.


The Human Rights Of The Aged: An Application Of The General Norm Of Nondiscrimination, Myers Mcdougal, Harold D. Lasswell, Lung-Chu Chen Jan 1976

The Human Rights Of The Aged: An Application Of The General Norm Of Nondiscrimination, Myers Mcdougal, Harold D. Lasswell, Lung-Chu Chen

Articles & Chapters

No abstract provided.