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Articles 271 - 300 of 380
Full-Text Articles in Elder Law
Using Family Limited Partnerships For Estate Planning, Milton Childs
Using Family Limited Partnerships For Estate Planning, Milton Childs
Marquette Elder's Advisor
By using a family limited partnership, parents can keep control of a family enterprise while providing limited ownership rights to their children. Estate planners can use this device to protect assets and reduce income taxes. Childs suggests and explains different methods of reducing or eliminating estate taxes, discussing the need to differentiate between safe and dangerous assets.
Dealing With Hipaa: Powers Of Attorney, Record Releases, Court Orders, And Subpoenas, Thomas J. Murphy
Dealing With Hipaa: Powers Of Attorney, Record Releases, Court Orders, And Subpoenas, Thomas J. Murphy
Marquette Elder's Advisor
Although the Health Insurance Portability and Accounting Act (HIPAA) enhanced the privacy of individual's health records, the Act reduced the accessibility of medical information to caring loved ones. Murphy gives thoughtful advice on counseling clients about health care powers of attorney, record releases, springing powers of attorney, stand alone medical record releases, and the special status of psychotherapy notes.
Serving Our Elders- Advocates And Adversaries, Stephanie Sue Stein
Serving Our Elders- Advocates And Adversaries, Stephanie Sue Stein
Marquette Elder's Advisor
While the Older Americans Act creates a remarkable structure under which various advocates can work together for the benefit of the elderly, situations can arise in which different viewpoints or interpretations of law can pit advocates against each other. Three case study examples are given. Stein acknowledges that different perspectives are inevitable and recommends working together instead of letting disputes escalate.
The Disjunction Between Prevention And Compensation Of Hip Fractures Among Elderly Citizens: The Law's Role In Creating Ex Ante Incentives, Janis Sarra
Marquette Elder's Advisor
This article examines the relationship between the compensation for and the prevention of hip fractures among the growing population of seniors in Canada. Sarra postulates that the current system expends funds on liability protection that would be better spent on prevention. Options explored are no-fault compensation, redirecting legal resources, negotiated risk, and adjust[ing] the tax base to ensure that there are sufficient resources to support elderly individuals.
Using The Web For Free Legal Research: A Comparison Of Findlaw, Lexisone, And The Legal Information Institute Websites, Kathryn Hensiak
Using The Web For Free Legal Research: A Comparison Of Findlaw, Lexisone, And The Legal Information Institute Websites, Kathryn Hensiak
Marquette Elder's Advisor
Free legal research can be conducted on these three websites. While these sites do not research as far back as Westlaw and LexisNexis, all provide links to federal and state case law, but each has some advantages and disadvantages which are discussed in detail. LesixONE has the option to jump to LexisNexis (with a credit card) for further detail.
Veteran's "Pension": Non-Service Connected Veteran's Benefits For The Elderly And Disabled, Alice Reiter Feld
Veteran's "Pension": Non-Service Connected Veteran's Benefits For The Elderly And Disabled, Alice Reiter Feld
Marquette Elder's Advisor
Veteran's benefits can be service connected or non-service connected. A non-service connected benefit available to certain war-time veterans or their dependents is an improved pension for those disabled and in financial need. This article delves into service requirements, disability requirements, net worth requirements, and income requirements, and gives several examples to determine if funding would be available for non-covered expenses, such as long-term care.
Prosecuting Crimes Against The Elderly While Addressing The Victim's Loss Of Autonomy, Preston Mighdoll
Prosecuting Crimes Against The Elderly While Addressing The Victim's Loss Of Autonomy, Preston Mighdoll
Marquette Elder's Advisor
Using three case studies as examples, Mighdoll illustrates the emotional problems encountered by victims after their abusers are removed from the situation. Often the victim has become so dependent on the abuser that independent living is no longer possible and relocation is necessary. The team efforts of the task force in Palm Beach County to work with these problems are described in detail.
Book Review: Elder Mistreatment: Abuse, Neglect, And Exploitation In An Aging America, Marshall B. Kapp
Book Review: Elder Mistreatment: Abuse, Neglect, And Exploitation In An Aging America, Marshall B. Kapp
Marquette Elder's Advisor
While congress considers (and passes) legislation to fight elder mistreatment, most legal action occurs at the state level through state Adult Protection Service laws, often imposing criminal liability on elder mistreatment. Mandatory or voluntary reporting laws apply in many states. The National Research Council Report recommends enhanced research on the effectiveness of various interventions, and recommends that researchers be exempt from reporting requirements.
Responding To Domestic Abuse In Later Life, Bonnie Brandl, Julie Rozwadowski
Responding To Domestic Abuse In Later Life, Bonnie Brandl, Julie Rozwadowski
Marquette Elder's Advisor
Some forms of elder abuse are really a continuation or increase of earlier abuse and reflect a pattern of coercive tactics to maintain control. The authors go into great detail in recommending the L.A.B.O.R. model. Look for signs, Ask questions, Believe the victim, Offer support, and Refer. Many signs and signals of abuse are given to aid in evaluating seemingly abusive situations.
Elder Abuse: Indicators And Examples, Susan Beerman
Elder Abuse: Indicators And Examples, Susan Beerman
Marquette Elder's Advisor
Elder abuse can occur in many ways and involve people from all walks of life. This article lists some of the more obvious and observable signs of abuse and also many of the more subtle signals that may indicate the possibility of abuse and bear further investigation. The effects of self neglect and caregiver stress and their relationship to elder abuse are also discussed.
Essay- Passing It On: The Inheritance, Ownership And Use Of Summer Houses, Ken Huggins
Essay- Passing It On: The Inheritance, Ownership And Use Of Summer Houses, Ken Huggins
Marquette Elder's Advisor
This essay discusses the many problems encountered when a summer vacation home is passed along to the next generations, such as assigning time slots and sharing responsibilities among various generations. Ways to make such situations work are explored. The suggested option is a formal operating agreement. Developing such an agreement and a comprehensive list of what might be included are discussed.
Basis In Inheritance After Egtrra, Sharon Kovacs Gruer
Basis In Inheritance After Egtrra, Sharon Kovacs Gruer
Marquette Elder's Advisor
This final section elaborates on establishing carryover basis in situations involving inheritances, focusing on changes established under EGTRRA (the Economic Growth and Tax Relief Reconciliation Act of 2001). Included are discussions of operating loss carryover, unused built-in losses, qualified spousal property, and property transferred prior to or after death. Marital planning, including QTIP trusts and allocation of basis issues, are explored.
Carryover Basis For Gifts & Joint Tenancies, Nell Graham Sale
Carryover Basis For Gifts & Joint Tenancies, Nell Graham Sale
Marquette Elder's Advisor
This section discusses how carryover basis is established and adjusted when property, including real property and financial instruments, is gifted (including gift tax adjustments). Implications of revocable and irrevocable trusts are explored, and issues involving the use of joint tenancy, especially those that might apply to today's elderly, are examined.
Calculating And Adjusting Basis, Bradley J. Frigon
Calculating And Adjusting Basis, Bradley J. Frigon
Marquette Elder's Advisor
This section illustrates the various ways property may be acquired, and how the resulting basis may be established. Included are discussions of cost basis, exchange basis, exchange for service basis, and how basis may be adjusted, as well as the effects of improvements, depreciation, and allocation. Special rules for stocks, mutual funds, and home offices are explained. Rules for establishing basis at disposition are also included.
Life Care Agreements: A Contractual Jekyll And Hyde?, Donna S. Harkness
Life Care Agreements: A Contractual Jekyll And Hyde?, Donna S. Harkness
Marquette Elder's Advisor
Many seniors who plan to surrender title to their home, often their only major asset, in exchange for the promise of life-long care often fail to seriously consider possible pitfalls and take the necessary steps to prevent them, being overly trustful of close family members or friends. Several options are suggested, along with ways to make such a transaction more equitable to all parties.
Guardianship As A Cultural System: Reflections On The Illinois Guardianship Reform Project, Morris A. Fred
Guardianship As A Cultural System: Reflections On The Illinois Guardianship Reform Project, Morris A. Fred
Marquette Elder's Advisor
This article discusses the reasons for and the problems encountered in setting up the Illinois Guardianship Reform Project. Investigative newspaper articles detailing widespread abuses aroused public demand for reforms. Fred postulates that a change in attitudes and behaviors in regard to the disabled and aging is necessary to balance the widely differing points of view of the various care-givers and court systems in order to both protect the rights of self-determination and provide necessary care
Book Review: Disentitlement? The Threats Facing Our Public Health Care Programs And A Rights-Based Response, Elizabeth A. Conradson Cleary
Book Review: Disentitlement? The Threats Facing Our Public Health Care Programs And A Rights-Based Response, Elizabeth A. Conradson Cleary
Marquette Elder's Advisor
Timothy Jost suggests that, based on the uniqueness of health care, an entitlement-based health-care system would be more efficient than the current market-based system. He explores the increase in entitlements in the current system, and the threats faced due to current political trends. The entitlement to health care in other countries is discussed. Jost postulates that universal access to health care will require legal entitlements.
Counseling Clients About Long-Term Care Expense: What Are The Alternatives?, Richard W. Knueppel
Counseling Clients About Long-Term Care Expense: What Are The Alternatives?, Richard W. Knueppel
Marquette Elder's Advisor
Although many Americans have purchased insurance for long-term care, other options may be available. This article explores nursing home costs, sources of payment, and insurance coverage available. Other options which might be investigated include Health Savings Accounts, Veteran's Administration benefits, adding a long-term care rider to an existing policy, selling a currently held life insurance policy, and a reverse mortgage on a home.
Grandparent Kinship Caregivers, Anna Leonard
Grandparent Kinship Caregivers, Anna Leonard
Marquette Elder's Advisor
With more children having grandparents as their primary caregivers, the informal nature of this relationship in the past is being transformed into a more formalized structure as public financial aid is needed by either the children or their grandparents or both. Leonard explores the difficulties grandparents encounter and the financial ramifications and legal options, including kinship foster care, which must be considered.
Driving And Dementia: A Physician's Perspective, Megan C. Harney, Piero G. Antuono
Driving And Dementia: A Physician's Perspective, Megan C. Harney, Piero G. Antuono
Marquette Elder's Advisor
As one-tenth of adults over sixty-five and one-half of adults over eighty-five are diagnosed with Alzheimer's disease, the need to address the driving ability of such individuals grows as life expectancy increases. Different diagnoses of dementia are discussed, as are various tests which may help determine driving capability. Physicians and family members are urged to recommend re-testing when appropriate.
Older Adults And Addiction: Why We Should Care, Carol Colleran
Older Adults And Addiction: Why We Should Care, Carol Colleran
Marquette Elder's Advisor
Colleran explains some of the causes of alcohol and medication dependence in older adults, such as voluntary or involuntary retirement, death of a loved one, a change of residence, or health problems such as pain or insomnia. Warning signs are detailed, and suggestions for approaching seniors with these problems, including intervention, are given. A list of additional resources is included.
The Secondary Market For Life Insurance Policies: Uncovering Life Insurance's "Hidden" Value, Neil A. Doherty, Brian A. O'Dea, Hal J. Singer
The Secondary Market For Life Insurance Policies: Uncovering Life Insurance's "Hidden" Value, Neil A. Doherty, Brian A. O'Dea, Hal J. Singer
Marquette Elder's Advisor
Increasingly common usage of the secondary market for life insurance policies is discussed in this article which explains the secondary market and describes the benefits of viatical and life settlement firms as well as accelerated death benefits. Changing regulations of the secondary market and suggested ways for counselors to assist clients in specific circumstances are included.
Elder Law And Estate Planning For Gay And Lesbian Individuals And Couples, Ralph Randazzo
Elder Law And Estate Planning For Gay And Lesbian Individuals And Couples, Ralph Randazzo
Marquette Elder's Advisor
This comprehensive article discusses the unique problems in estate planning encountered by gays and lesbians. Among the items explored are joint representation, advance directives, guardianship, long-term care planning and insurance, Medicare and Medicaid planning, nursing home care, exempt transfers, wills, revocable trusts, gift taxation, and the unique problems encountered which counselors must consider when representing gay and lesbian clients.
Grandparents' Visitation Rights: A Survey Of Reciprocal Kinship-Ties Based In Historical Common Law And Legislative Policies, Jane E. Atkinson
Grandparents' Visitation Rights: A Survey Of Reciprocal Kinship-Ties Based In Historical Common Law And Legislative Policies, Jane E. Atkinson
Marquette Elder's Advisor
This article presents an in-depth exploration of the view that family ties and relationships should play an important role in determining grandparent-grandchild visitation rights, based on the important role of the extended family throughout recorded history. Atkinson postulates that post-Troxel visitation decisions should include increased consideration of the value to the child of grandparent visitation.
Medicare Advantage Private Fee-For-Service Plans: What Privatization Means For Today's Beneficiaries, Melissa M. Ostrowski
Medicare Advantage Private Fee-For-Service Plans: What Privatization Means For Today's Beneficiaries, Melissa M. Ostrowski
Marquette Elder's Advisor
Originally solely a government-administered program, Medicare is now offering options involving private insurers. Private fee-for-service plans may offer additional benefits and lower out-of-pocket costs. These plans are expected to have lower administrative costs, but currently require a government subsidy. Advantages and disadvantages of such plans are discussed, and examples showing detailed cost comparisons of two plans, SmartValue Classic and Humana Gold Choice, are given.
The Legal Status Of Gambling In America's Senior Communities , Marc J. Randazza, Daniel Russell
The Legal Status Of Gambling In America's Senior Communities , Marc J. Randazza, Daniel Russell
Marquette Elder's Advisor
More seniors are gambling than ever before, and many may not know whether what they are doing is legal or illegal in their particular jurisdiction. Regulations involving penny-ante games, regular gambling, bingo, and amusement gambling are explored in five jurisdictions: Florida, Arizona, California, Wisconsin (the most restrictive), and Nevada (the least restrictive). Both association and personal liability are discussed.
Book Review: Final Exam: A Surgeon's Reflection On Mortality By Pauline Chen , Kenney F. Hegland
Book Review: Final Exam: A Surgeon's Reflection On Mortality By Pauline Chen , Kenney F. Hegland
Marquette Elder's Advisor
Chen describes modern-day medical practice as a series of situations where something must be done - doing nothing is not an option, almost in defiance of patients' desires. She describes her journey through medical school (and make some comparisons with law school) and tells how patients become representative cases. She speculates that modern cures may spell the demise of bedside manner.