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Articles 241 - 270 of 380
Full-Text Articles in Elder Law
Advice On Organizing And Automating Your Elder Law Office, Andrea Giltner
Advice On Organizing And Automating Your Elder Law Office, Andrea Giltner
Marquette Elder's Advisor
With the proper organizational tools, you can increase efficiency and productivity in your elder law office, save money, and decrease the stress level. Here's a look at some effective strategies and software options for law office automation.
Medicare Reasonable And Medically Necessary Care: Skirmishes At The Front
Medicare Reasonable And Medically Necessary Care: Skirmishes At The Front
Marquette Elder's Advisor
Medicare covers costs for health care deemed "reasonable and necessary" and excludes care classified as "experimental, investigative, or unproven." This article discusses coverage limits and the exceptions for which Medicare will authorize payment.
Elder-Caregiver: An Alarming Past, An Uncertain Future, Judith B. Rappaport
Elder-Caregiver: An Alarming Past, An Uncertain Future, Judith B. Rappaport
Marquette Elder's Advisor
Increased life expectancy is exacerbating the financial, physical, and emotional pressures on family members struggling to care for elderly parents. Elder law professional have a unique opportunity to positively impact this situation by educating themselves and their staffs to the family caregiver's needs. This article identifies those needs and recommends expanded services to help meet them.
Defined Contribution Health Plans: Ready Or Not, Here They Come, Caryn Cucuta
Defined Contribution Health Plans: Ready Or Not, Here They Come, Caryn Cucuta
Marquette Elder's Advisor
Defined contribution health coverage has been discussed for a number of years no response from the market. Now however, it looks as though employers may be ready to make the move to such plans. This article discusses the market and legislative influences that are making this switch more attractive to employers, and outlines various defined contribution plan models.
Electroconvulsive Therapy (Ect): An Introduction For Elder Law Professionals, Deirdre Johnston, Doug Eitel, W. Vaughn Mccall
Electroconvulsive Therapy (Ect): An Introduction For Elder Law Professionals, Deirdre Johnston, Doug Eitel, W. Vaughn Mccall
Marquette Elder's Advisor
Electroconvulsive therapy (ECT), colloquially called "shock therapy," is often denounced as barbaric by members of the lay population. However, it is actually a highly efficacious treatment for depression, which can be particularly common and severe in the elderly. This discussion illuminates the potential benefits and risks of this controversial treatment.
The Emerging Nexus Of Aging And Diversity: Implications For Public Policy And Entitlement Reform, Fernando Torres-Gil, Karra Bikson Moga
The Emerging Nexus Of Aging And Diversity: Implications For Public Policy And Entitlement Reform, Fernando Torres-Gil, Karra Bikson Moga
Marquette Elder's Advisor
This article examines the impending nexus of population aging and diversity in the United States. With the dramatic increase of older persons and minority and ethnic groups- particularly Hispanics- the intersection of these trends will have important consequences for all aspects of U.S. society, including public policy, legislation, retirement planning, and economics.
Grandparent Involvement In Child Welfare Intervention With Grandchildren, James W. Gladstone, Ralph A. Brown
Grandparent Involvement In Child Welfare Intervention With Grandchildren, James W. Gladstone, Ralph A. Brown
Marquette Elder's Advisor
This article discusses the increasing role grandparents are playing in kinship care, or foster care of their grandchildren. It examines the support grandparents provide to grandchildren who are receiving services from child welfare agencies, the circumstances surrounding grandparents' involvement with these agencies, and the relationships between grandparents and social workers.
The Property Tax Relief For The Elderly: A Survey Of The Nation, Katie Babe
The Property Tax Relief For The Elderly: A Survey Of The Nation, Katie Babe
Marquette Elder's Advisor
This article investigates various methods that states have employed to provide property tax relief to their senior citizens and evaluates their effectiveness. The pros and cons of homestead exemptions, different credit and rebate programs, deferral programs, property tax freezes, reverse mortgages, and other programs are explored. Twenty-two pages of comparative charts are included for comparison purposes.
Book Review: Elders On Trial: Age And Ageism In The American Legal System, Olivia M. Wong
Book Review: Elders On Trial: Age And Ageism In The American Legal System, Olivia M. Wong
Marquette Elder's Advisor
In the first part of the book Howard Eglit discusses ageism and the changing of attitudes toward citizens as they age. The second part explores aging as it relates to the legal system, including issues of particular importance to seniors, increasing litigation involving the elderly, lawyer/elderly client issues, possible discrimination in jury selection, and the issues of competence of elderly judges.
Employment Tax Issues In Home Health Care Contracts, Ben A. Neiburger
Employment Tax Issues In Home Health Care Contracts, Ben A. Neiburger
Marquette Elder's Advisor
Seniors may receive care for which they pay the provider without realizing the tax implications if they are deemed the employer of the provider. Neiburger discusses the sometimes confusing differences between and independent contractor and an employee, and the various taxes and penalties, both federal and state (Illinois as an example) for which employers are responsible.
The Economic Growth And Tax Relief Reconciliation Act Of 2001 And Its Effect On Estate Planning, Jennifer Jedrzejewski
The Economic Growth And Tax Relief Reconciliation Act Of 2001 And Its Effect On Estate Planning, Jennifer Jedrzejewski
Marquette Elder's Advisor
Because of the sunset provision of EGTRRA, estate planning through 2010 and beyond has become even more complicated. EGTRRA phases down the maximum estate, gift, and generation skipping rate of tax at intervals. Applicable state tax rates have in many states been modified to adjust for the EGTRRA effect. This article discusses the use of AB and Qualified Terminable Interest Property trusts using several hypothetical situations.
Introduction To Medicare For People With Multiple Sclerosis, Judith Stein
Introduction To Medicare For People With Multiple Sclerosis, Judith Stein
Marquette Elder's Advisor
Stein explains what criteria are necessary for Medicare parts A, B, C, and D coverage, and why eligible recipients with Multiple Sclerosis are often erroneously denied coverage. Recent changes in applicable Medicare regulations are explored, as are some of the differences between Medicare and Medicaid. Various ways attorneys can help their clients through the application maze are discussed.
Disabled Adult Children, Thomas E. Bush
Disabled Adult Children, Thomas E. Bush
Marquette Elder's Advisor
This article discusses under what circumstances a disabled adult child can collect Social Security benefits, the applicable Social Security regulations, the complex rules for re-entitlement, and the relationship between Medicare and Medicaid benefits. Bush gives advice on how an attorney can navigate this system. A lengthy chart summarizes standards and requirements, and gives citations for a variety of relationships.
Court Approval Of Medicaid Spend-Down Planning By Guardians, Linda S. Ershow-Levenberg
Court Approval Of Medicaid Spend-Down Planning By Guardians, Linda S. Ershow-Levenberg
Marquette Elder's Advisor
This article discusses In re Keri, which was decided by the New Jersey Supreme Court in 2004. The topics explored include that a P.O.A. in itself may not be sufficient to allow gifting; a guardianship may be required. The difference between gifting for retirement planning or enhancing Medicaid eligibility is discussed, as well as court cases from several jurisdictions.
Treated With Respect: Enforcing Patient Autonomy By Defending Advance Directives, Carol J. Wessels
Treated With Respect: Enforcing Patient Autonomy By Defending Advance Directives, Carol J. Wessels
Marquette Elder's Advisor
Wessels discusses the right of competent individuals to direct their own health care and the obstacles encountered in enforcing these rights under a power of attorney for health care or an advance directive. The rights to make such decisions are explored, as well as the barriers to enforcement, both statutory and provider related. Several causes of action against non-compliant actors are discussed.
Childhood Obesity, Baby Boomers And The Echo Boom, Elizabeth Conradson Cleary
Childhood Obesity, Baby Boomers And The Echo Boom, Elizabeth Conradson Cleary
Marquette Elder's Advisor
This insightful article joins the problems of increasing childhood obesity with the increase projected in senior citizens of the echo boom generation, and goes on to posit an increased burden on the then sandwich generation. Cleary discusses the increased future need for caregivers, recognizes the role and value of adult children caregivers (especially women), and suggests approaches to address the situation.
Essay: The Re-Tooling And Re-Telling Of The Social Security, Medicare, And Medicaid Programs: Will We Retain The Sixty-Year-Old Values Of A "National Community" Or Begin With A "Clean Slate?", Stephanie Sue Stein
Marquette Elder's Advisor
This essay focuses on the change taking place in America's attitude towards major social programs that benefit the elderly. Stein suggests that reforming these programs reverses the concept of the national community providing for the needs of the elderly to letting people decide how best to provide for themselves in retirement, to the detriment of many of our most needy and vulnerable elderly.
Denial And Codependence In Domestic Violence By Adult Children On Their Elderly Parents , Preston Mighdoll
Denial And Codependence In Domestic Violence By Adult Children On Their Elderly Parents , Preston Mighdoll
Marquette Elder's Advisor
This case study of an adult son who physically abused his parents and the cycle of the case through the legal system is an eye-opener of how difficult it is to protect vulnerable elderly parents from dysfunctional and abusive adult children. Mighdoll discusses the results of enabling, parent denial, ineffective no contact orders, lack of evidence, and the need for an elderly hearsay exception.
From The Margins To Pacesetting: The Place Of The Elderly In U.S. Legal History From A Historian's Perspective, W. Andrew Achenbaum
From The Margins To Pacesetting: The Place Of The Elderly In U.S. Legal History From A Historian's Perspective, W. Andrew Achenbaum
Marquette Elder's Advisor
Prior to the Civil War, the small percentage of Americans who were elderly lived on the margins of society. Uncared-for poor elderly persons could be placed in poor-houses. Achenbaum discusses the evolution, through veteran's benefits, Social Security, corporate and union pension plans, and Medicare to a society where the care and well-being of the elderly are among the most important legal issues of the day.
Guardianship Actions Against Individuals Who Have Selected An Agent As Power Of Attorney: When Should The Court Say "No?", Linda S. Ershow-Levenberg
Guardianship Actions Against Individuals Who Have Selected An Agent As Power Of Attorney: When Should The Court Say "No?", Linda S. Ershow-Levenberg
Marquette Elder's Advisor
This article discusses the need for guardianship for presumably incapacitated individuals who already have designated someone to have their power of attorney or to be their healthcare representative. Noting that the privacy and liberty of an individual will be affected by appointing a guardian, the author proposes that guardians not be unnecessarily appointed when currently in-place representatives already fulfill needed services.
Social Values And Older Persons: The Role Of The Law, Marshall B. Knapp
Social Values And Older Persons: The Role Of The Law, Marshall B. Knapp
Marquette Elder's Advisor
Kapp discusses the relationship of law to social values, and how laws can permit, require, or restrain certain activities. Further discussion involves how laws, such as the Age Discrimination Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the Fair Housing Act impact the elderly, and then asks whether the law alone is enough to protect the elderly.
Reconciling Definitions Of "Disability:" Six Years Later, Has Cleveland V. Policy Management Systems Lived Up To Its Initial Reviews As A Boost For Workers' Rights?, Daniel Korhman, Kimberly Berg
Reconciling Definitions Of "Disability:" Six Years Later, Has Cleveland V. Policy Management Systems Lived Up To Its Initial Reviews As A Boost For Workers' Rights?, Daniel Korhman, Kimberly Berg
Marquette Elder's Advisor
This extensive article identifies many of the difficulties in bringing an action under the Americans with Disabilities Act (ADA) while receiving SSDI benefits. The conflicts of claiming disabilities while also claiming the ability to work with accommodations are explored. The decision in Cleveland v. Policy Management Systems was supposed to set guidelines for evaluation these situations, but interpretation of these guidelines still varies
Protecting The Gold In The Golden Years: Practical Guidance For Professionals On Financial Exploitation, Julie A. Lemke, Seymour Moskowitz
Protecting The Gold In The Golden Years: Practical Guidance For Professionals On Financial Exploitation, Julie A. Lemke, Seymour Moskowitz
Marquette Elder's Advisor
The authors discuss financial exploitation of the elderly from multi-disciplinary viewpoints. The role of attorneys, including conflicts of interest, is explored along with practical prevention tools and remedies. Ways that financial institutions can protect their customers, including bank reporting projects, are investigated. Roles that the clergy, adult protective services, legislatures, and the police can play are discussed and an appendix of elder abuse hotlines is included.
Book Review: The Law And The Older Persons: Is Geriatric Jurisprudence Therapeutic?, Jennifer Jedrzejewski
Book Review: The Law And The Older Persons: Is Geriatric Jurisprudence Therapeutic?, Jennifer Jedrzejewski
Marquette Elder's Advisor
Marshall Kapp discusses Therapeutic Jurisprudence, the study of law's healing potential and the actual impact of laws. He states that laws designed to help the elderly often focus on enforcement rather than assisting beneficiaries. Kapp suggests that TJ inquiries should include the effects on seniors, including discussions about regulatory control, increased costs, guardianship, long-term care, mental health, and research projects involving the elderly.
Have State Judiciaries Become Legislatures When Grandma Comes To Court?: State Court Decisions In The Post-Troxel Era, Paula A. Lorfeld
Have State Judiciaries Become Legislatures When Grandma Comes To Court?: State Court Decisions In The Post-Troxel Era, Paula A. Lorfeld
Marquette Elder's Advisor
Although Troxel v. Granville mandated presumptive consideration of parents' rights in non-parent visitation statutes, states have interpreted Troxel in different ways. Lorfeld cites cases in several states. Some states have ruled non-complying statutes unconstitutional, while other states have ruled such statutes to be constitutional if they are applied with a presumption of unstated parents' rights. Are these courts usurping legislative functions?
Protective Assistance For Elders: Maine Experience And Comparisons, Alison Barnes
Protective Assistance For Elders: Maine Experience And Comparisons, Alison Barnes
Marquette Elder's Advisor
This thoughtful analysis of Maine's Adult Protective Services for the elderly encompasses statutes involved, services provided, those who can be served, required reporting, emergency interventions, and possible sources of funding. Methods for preventing abuse and exploitation are examined. Barnes discusses legal remedies concerning misappropriated funds as well as civil and criminal actions against abusers. The reasons for self neglect and refusal of care are also explored.
Essay: Housing Trends For The 21st Century, Ellen Hirsch De Haan
Essay: Housing Trends For The 21st Century, Ellen Hirsch De Haan
Marquette Elder's Advisor
This essay describes the changes in housing availability over the last two centuries and offers projections of what this century might bring, and how possible changes will affect the elderly. Discussion includes condominiums, cooperatives, and planned communities, and how these types of ownership can relate to retirees. The return to higher density housing along with mixed land usage is discussed in detail.