Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Elder law (4)
- Guardianship (2)
- Probate Law (2)
- Abandonment (1)
- Advocates (1)
-
- Agent (1)
- Companion animal (1)
- Disabilities (1)
- Disability law (1)
- Divorce (1)
- ERISA (1)
- Elder abuse (1)
- Elder care (1)
- Elderly (1)
- Emotional Abuse (1)
- Exploitation (1)
- Financial Abuse (1)
- Financial Durable Power of Attorney (1)
- Financial abuse (1)
- Guardianship Reform Bill (1)
- Guardianship abuse (1)
- Interdisciplinary guardianship (1)
- Model Rules of Professional Conduct (1)
- Neglect (1)
- Nursing home (1)
- Pension plans (1)
- Physical Abuse (1)
- Probate law (1)
- QDRO (1)
- UCC (1)
- Publication
- Publication Type
Articles 1 - 9 of 9
Full-Text Articles in Elder Law
Understanding And Adressing Elder Abuse In Contemporary Society, Olivia Nash
Understanding And Adressing Elder Abuse In Contemporary Society, Olivia Nash
Williams Honors College, Honors Research Projects
The purpose of this paper is to spread awareness of what Elder Abuse is. Although we have all heard of it, do we truly know what it is. This piece explains what elder abuse is, focusing on the different types of abuse, why it is a growing problem today, and what we can look for to prevent these issues.
An Evaluation Of Regulatory Standards And Enforcement Devices In The Nursing Home Industry, James L. Miller
An Evaluation Of Regulatory Standards And Enforcement Devices In The Nursing Home Industry, James L. Miller
Akron Law Review
This comment will encompass three areas. First, the economic structure of the nursing home industry and existing problems will be described. Second, current regulatory standards and enforcement devices which have been developed by federal agencies to deal with these problems will be explored. Third, the recent enactment of Ohio legislation which not only confers various rights upon nursing home residents but also seeks to eliminate institutional abuse through the implementation of adaptive enforcement devices, will be examined. In addition, the Ohio nursing home "bill of rights" will be looked at in conjunction with similar legislation passed in New York.
1990 Guardianship Law Safeguards Personal Rights Yet Protects Vulnerable Elderly, Barbara Venesy
1990 Guardianship Law Safeguards Personal Rights Yet Protects Vulnerable Elderly, Barbara Venesy
Akron Law Review
Therefore, this Comment will review the historical underpinnings of guardianship law, briefly examine nationwide excesses, and outline reform measures advanced by advocates for.the elderly and mentally disabled. Then the Comment will analyze key elements of Ohio's Guardianship Reform Bill including the court investigator's role, expanded powers provisions, reporting and revalidation measures, and the Indigent Guardianship Fund. Finally, this Comment will address areas of potential concern as Ohio's Probate Courts throughout the state implement the law
Unconscionability As A Contract Policing Device For The Elder Client: How Useful Is It?, Robyn L. Meadows
Unconscionability As A Contract Policing Device For The Elder Client: How Useful Is It?, Robyn L. Meadows
Akron Law Review
An elder law symposium provides an opportunity to consider ways that the various areas of the law provide protection for the older client. This raises the question of whether the Uniform Commercial Code (hereafter U.C.C. or the Code) protects the unique interests of the older consumer. Such consideration naturally leads to the contract policing device specifically included in the Code—unconscionability. The doctrine of unconscionability provides a way for courts to police grossly unfair contracts and contract provisions. It is found not only in the U.C.C. but also in the tenets of general contract law. However, its application is not limited …
Should Attorneys Have A Duty To Report Financial Abuse Of The Elderly?, Carolyn L. Dessin
Should Attorneys Have A Duty To Report Financial Abuse Of The Elderly?, Carolyn L. Dessin
Akron Law Review
This Article will therefore put the efficacy issue aside and focus on whether an attorney can and should report suspected abuse under a mandatory reporting statute. Part Two of this article will examine the various states’ approaches to mandatory reporting of abuse. Part Three will explore the various states’ rules governing attorney conduct. Part Four will analyze the interaction of the mandatory reporting provisions with the rules governing attorney conduct. Finally, Part Five will discuss whether requiring attorneys to report suspected elder abuse is desirable.
Wilson V. Wilson: The Effect Of Qdros On Appealing Divorce Decrees, Joshua A. Dean
Wilson V. Wilson: The Effect Of Qdros On Appealing Divorce Decrees, Joshua A. Dean
Akron Law Review
In most divorces today, the largest asset held by the divorcing couple is a retirement fund belonging to one of the spouses. Courts invery state must decide how to divide a married couple’s property in order to provide each spouse his or her proper share. But when there are no assets large enough to offset the value of the retirement pension, divorce courts must find a way to “equitably distribute” the proceeds of the plan. Dealing with this large asset presented problems in the past as Congress sought to limit the ability to assign proceeds of retirement plans to anyone …
Re-Evaluating The Role Of Companion Animals In The Era Of The Aging Boomer, Rebecca J. Huss
Re-Evaluating The Role Of Companion Animals In The Era Of The Aging Boomer, Rebecca J. Huss
Akron Law Review
This Article is divided into four substantive parts. Part II considers the role of pets in the United States and the impact of companion animals in the lives of seniors. Part III analyzes issues that the elderly may face in keeping or interacting with companion animals in their residences. Part IV analyzes federal laws that ensure that persons with disabilities using service and assistance animals will have access to public accommodations and housing. Part V of this Article considers risks and ethical issues involved with having animals in the lives of the elderly.
Creating And Sustaining Interdisciplinary Guardianship Committees, Carolyn L. Dessin, Julia R. Nack, Judge Thomas Swift
Creating And Sustaining Interdisciplinary Guardianship Committees, Carolyn L. Dessin, Julia R. Nack, Judge Thomas Swift
Akron Law Faculty Publications
Over the past two decades, guardians, advocates, and the judiciary have been working at the national level to improve guardianship law and practice. This work was set in motion by a series of more than 200 Associated Press Wire Stories about guardianship abuses that were published in the mid-1980s. Over the next decade, guardians and other interested parties built relationships and established an association dedicated to improving guardianship. In the year 2000, members of the National Guardianship Association (“NGA”) wrote and formally adopted “Standards of Practice” for guardians. In 2001, at the Wingspan Conference held at Stetson University, other national …
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 …