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Articles 301 - 330 of 380
Full-Text Articles in Elder Law
Family Harmony: An All Too Frequent Causality Of The Estate Planning Process , Timothy P. O'Sullivan
Family Harmony: An All Too Frequent Causality Of The Estate Planning Process , Timothy P. O'Sullivan
Marquette Elder's Advisor
In this in-depth article O'Sullivan explores reasons for naming a non-family member as fiduciary, while maintaining family input. Bequests involving family businesses or farms are investigated. Also discussed are issues involving loans to children, compensation for parent care, blended families, and the advisability of discussion of will provisions with adult children, especially if bequests are unequal. In all instances, steps to maintain family harmony are urged.
What's So Special About Medicare Advantage Special Needs Plans? Assessing Medicare Special Needs Plans For "Dual Eligibles", Alissa Halperin, Patricia Nemore, Vicki Gottlich
What's So Special About Medicare Advantage Special Needs Plans? Assessing Medicare Special Needs Plans For "Dual Eligibles", Alissa Halperin, Patricia Nemore, Vicki Gottlich
Marquette Elder's Advisor
In 2003 Medicare Part C became Medicare Advantage, which included provisions for Special Needs Plans (SNP's), which have significant implications for dual eligibles, persons eligible for both Medicare and Medicaid. The authors explore why SNP's are needed, their advantages to beneficiaries if properly set up, why many plans do not meet beneficiaries' needs as well as they might, and draw conclusions for improvement.
Consumer-Driven Long Term Care: Shaping He Government's Role, Marshall B. Kapp
Consumer-Driven Long Term Care: Shaping He Government's Role, Marshall B. Kapp
Marquette Elder's Advisor
This article explores the movement of government and insurance-paid long-term care programs which tend to delineate which services are provided toward a more consumer-driven model. Kapp discusses the necessity of informing consumers of the options available, regulations needed to assure that autonomous consumers have alternative options available, and the criteria needed to assure that clients with inadequate decisional capacity have their interests represented.
Grandparent Molesting: Sexual Abuse Of Elderly Nursing Home Residents And Its Prevention , Robert A. Hawks
Grandparent Molesting: Sexual Abuse Of Elderly Nursing Home Residents And Its Prevention , Robert A. Hawks
Marquette Elder's Advisor
Nursing home residents, especially those with diminished capacity and/or no close relatives nearby, are probably at much greater risk of abuse (especially sexual abuse) than available statistics would indicate. Hawks explains why abuse is underreported, how reporting requirements vary, and describes the effects of elder sexual abuse and its treatment. Legal actions that abused victims and government agencies can or should take and possible legislative changes are also explored.
The Medicare Part D Prescription Drug Benefit: Who Wins And Who Loses? , Enrich Andreas Drotleff
The Medicare Part D Prescription Drug Benefit: Who Wins And Who Loses? , Enrich Andreas Drotleff
Marquette Elder's Advisor
The author examines the new Medicare Part D Program, discusses first the background history which led to its enactment, and then explains how enrollment decisions affect different classes of beneficiaries. The politics involved in the passage of this legislation are explored. Transitioning dual eligibles (those covered by both Medicare and Medicaid) into the new drug program has often resulted in reduced benefits.
Adult Adoption And The Elder Population , Angela Chaput Foy
Adult Adoption And The Elder Population , Angela Chaput Foy
Marquette Elder's Advisor
The author explains how adult adoption differs from the adoption of minors, tells how different states establish varying requirements, and shows that the protections for adopted minors may not always be available to adopted adults. The reasons for and the ramifications of adult adoption (such as inheritance rights) and the resulting effects on the extended families of both parties are examined in detail.
Wal-Mart, Shopko Cart Gathering: A Case For Smith V. City Of Jackson Adea Disparate Impact? , Michael J. Myers
Wal-Mart, Shopko Cart Gathering: A Case For Smith V. City Of Jackson Adea Disparate Impact? , Michael J. Myers
Marquette Elder's Advisor
This article explores the effects on older workers and job applicants caused by proposed and existing policies of big-box retailers to require physical activities in job descriptions for the purpose of lowering health-care costs. The effects of ADEA decisions and the concepts of disparate treatment, disparate impact, and business necessity frame the discussion of how older workers will be affected.
Keeping Peace In The Family While You Are Resting In Peace: Making Sense Of And Preventing Will Contests , Judith G. Mcmullen
Keeping Peace In The Family While You Are Resting In Peace: Making Sense Of And Preventing Will Contests , Judith G. Mcmullen
Marquette Elder's Advisor
Even the best intended wills may be challenged if beneficiaries feel slighted. McMullen discusses various challenges to wills which may be based on grounds of public policy, lack of formalities, undue influence, or lack of testamentary capacity. Reasons for disputes are explored and methods, both technical and non-technical, for avoiding challenges are suggested to help provide for the legacy of a peaceful family.
Tax Planning For Retirement , Vada Waters Lindsey
Tax Planning For Retirement , Vada Waters Lindsey
Marquette Elder's Advisor
As increasing life expectancy and inflation diminish the purchasing power of retirement savings, careful tax planning to maximize funds available to seniors is necessary. Lindsey discusses the taxation of various types of retirement income including traditional and Roth IRAs and Social Security benefits, and explains how careful planning can reduce income and estate taxes. The disparate effects of state income and estate taxes are also explored.
"Whenever Justice Requires": Examining The Elusive Role Of Guardian Ad Litem For Adults With Diminished Capacity, Donna S. Harkness
"Whenever Justice Requires": Examining The Elusive Role Of Guardian Ad Litem For Adults With Diminished Capacity, Donna S. Harkness
Marquette Elder's Advisor
Using several case studies, the author describes the possible difficulties in representing adult clients with diminished capacity, either as an attorney or as a guardian ad litem. Varying qualifications for a GAL, determination of when an appointment is proper, and guidelines for performance are discussed along with the different standards that may be employed for the decisions that are made.
The Schiavo Odyssey: A Tale Of Two Legislative Reprieves , Miriam Rosenblatt-Hoffman
The Schiavo Odyssey: A Tale Of Two Legislative Reprieves , Miriam Rosenblatt-Hoffman
Marquette Elder's Advisor
Between the time that Terri Schiavo's husband received court approval to discontinue her life support systems and her ultimate demise more than five years later, contentious legal battles were waged and specific state and federal laws were enacted to prolong Terri's life. The author postulates and explains why both laws were unconstitutional, and decries the legislative interference in patient autonomy.
To Be Or Not To Be, Should Doctors Decide? Ethical N Legal Aspects Of Medical Futility Policies , Maureen Kwiecinski
To Be Or Not To Be, Should Doctors Decide? Ethical N Legal Aspects Of Medical Futility Policies , Maureen Kwiecinski
Marquette Elder's Advisor
Who should decide when to discontinue life support when such treatment appears to be hopeless? This article explores withdrawal or withholding life-sustaining medical treatment when health-care providers and family members disagree on a course of action which is likely to be futile or inappropriate. Ethical, moral, and legal implications are raised, and the lack of and need for guidelines is discussed.
Elder Mediation: Optimizing Major Family Transitions, Rikk Larsen, Crystal Thorpe
Elder Mediation: Optimizing Major Family Transitions, Rikk Larsen, Crystal Thorpe
Marquette Elder's Advisor
This article postulates that mediation may be an effective way for families to make difficult decisions on how to best care and provide for an elderly family member with declining abilities. Bringing all involved family members together and allowing all to be involved in the decision-making process invests each with a responsibility for decisions made from all the options available.
Elders And End-Of-Life Medical Decisions: Legal Context, Psychological Issues, And Recommendations To Attorneys Serving Seniors , Ed De St. Aubin, Sheila Baer, Joan Ravenelli Miller
Elders And End-Of-Life Medical Decisions: Legal Context, Psychological Issues, And Recommendations To Attorneys Serving Seniors , Ed De St. Aubin, Sheila Baer, Joan Ravenelli Miller
Marquette Elder's Advisor
Much more than the disposition of worldly goods must be considered when preparing legal documents for end-of-life situations. This article stresses the necessity of client autonomy in preparing dispositional gifts as well as decision planning for medical care and treatment for senior citizens, and also explains the concept of Generatively: the desire to contribute to the well-being of . . . future generations.
Aging Offenders In The Criminal Justice System , Ronald H. Aday, Jennifer J. Krabill
Aging Offenders In The Criminal Justice System , Ronald H. Aday, Jennifer J. Krabill
Marquette Elder's Advisor
As America is graying, so is the prison population. This article discusses the variable ways police treat elderly offenders, often depending on the nature of their infractions. Courts also vary in their treatment of elderly offenders. The greatest future challenges may be in the area of providing (and paying for) adequate health care programs for elderly inmates, especially those with mental health problems.
Maximizing The Benefits Of Estate Planning Bet-To-Die Strategies: Clats And Private Annuities , Peter Melcher, Matthew Zuengler
Maximizing The Benefits Of Estate Planning Bet-To-Die Strategies: Clats And Private Annuities , Peter Melcher, Matthew Zuengler
Marquette Elder's Advisor
Because the IRS must normally use actuarial tables to determine life expectancy, particular persons whose life expectancy may be much shorter than projected may be able to preserve a much larger than usual portion of family assets through the use of Charitable Lead Annuity Trusts (CLATS) or private annuity sales. The advantages, disadvantages, and basic tax considerations of each are shown through several detailed examples.
St. Ritas And Lost Causes: Improving Nursing Home Emergency Preparedness , Robert A. Mead
St. Ritas And Lost Causes: Improving Nursing Home Emergency Preparedness , Robert A. Mead
Marquette Elder's Advisor
This timely article explores the legally required emergency preparedness (or lack of it) at St. Rita's Nursing Home in Louisiana during Hurricane Katrina in 2005 when residents were not evacuated as was mandated. The operators were charged with thirty-four counts of negligent homicide. Issues studied include the dangers of evacuating versus not evacuating, varying emergency preparedness regulations and their enforcement, and the failure of legislatures to strengthen such regulations
Unconscionable: Financial Exploitation Of Elderly Persons With Dementia, Matthew A. Christiansen
Unconscionable: Financial Exploitation Of Elderly Persons With Dementia, Matthew A. Christiansen
Marquette Elder's Advisor
Millions of people deal with the effects of dementia on an elderly family member. Individuals suffering from the effects of dementia are susceptible to financial abuse. This article chronicles the financial abuse of Gladys Smith, an elderly widow suffering from dementia, and the litigation that ensued. The article analyzes what had been done to protect Gladys's estate, what could have been done better, and provides suggestions for estate planning for vulnerable elderly to best prevent financial exploitation by 1) expecting the worst-case scenarios; 2) advanced planning; 3) periodic communication; 4) creating layers of protection to guard against the worst-case scenarios.
Drivers' Licenses And Age Limits: Imposition Of Driving Restrictions On Elderly Drivers, Katherine Mikel
Drivers' Licenses And Age Limits: Imposition Of Driving Restrictions On Elderly Drivers, Katherine Mikel
Marquette Elder's Advisor
In today's world, most people perceive the ability to drive as a necessity for daily existence, and the elderly population is no exception. However, driving is a privilege and not a skill, not a fundamental right. Research indicates that there is a positive correlation between increased age and decreased physical and mental capacity to drive. Driving requires expeditious reflexes and acute awareness. Considering the research and skills required the question becomes at what age are people too old to continue driving and should age caps on licensing be instituted?
Union-Negotiated Lifetime Retiree Health Benefits: Promise Or Illusion, William T. Payne, Pamina Ewing
Union-Negotiated Lifetime Retiree Health Benefits: Promise Or Illusion, William T. Payne, Pamina Ewing
Marquette Elder's Advisor
This article discusses the legal theories and causes of action that are commonly associated with claims for benefits of retirees. The authors begin by discussing the way contractual benefits are analyzed by the courts, including the determination of a governing document, the Yard-Man Inference, and the use of extrinsic evidence when governing documents are ambiguous. The authors then discuss several potential claims employees may raise in an attempt to secure benefits, such as promissory estoppel, equitable estoppel, and breach of fiduciary duty. The authors conclude by stating that although they have attempted to lay out the claims associated with retiree …
Choices For Care: Consumer Choice And State Policymaking Courage Amid Medicaid's Shifting Entitlement To Long-Term Care, Tracy Bach
Marquette Elder's Advisor
This author addresses questions about the efficacy of Choices for Care (CFC), a Section 115 waiver program that allows Vermont to encourage Medicaid-eligible state residences to receive long-term care in their homes rather than nursing homes. The article addresses questions about CFC's impact on Medicaid recipients who need skilled nursing care. It also addresses questions concerning the program's cost effectiveness, and whether CFC has created additional costs. Finally, the article addresses the question of whether CFC will radically change long-term care and influence other states.
Bankruptcy To Thwart Responsibility For Financial Abuse Of The Elderly, Richard Aaron
Bankruptcy To Thwart Responsibility For Financial Abuse Of The Elderly, Richard Aaron
Marquette Elder's Advisor
In cases of financial abuse of the elderly, bankruptcy action has been pursued to thwart responsibility. This article is a brief map to the terra incognita of bankruptcy and suggests directions to consider and pits to avoid. The specific message is to plan for bankruptcy at the onset, step one. Whatever palliative path is chosen, it circles back to the beginning, alerting the representative of the victim to evasion efforts that might be headed off. Waiting to react with defensive steps when and if a bankruptcy out is threatened can destroy hopes of recovery.
Involuntary Passive Euthanasia In U.S. Courts: Reassessing The Judicial Treatment Of Medical Futility Cases, Thaddeus Mason Pope
Involuntary Passive Euthanasia In U.S. Courts: Reassessing The Judicial Treatment Of Medical Futility Cases, Thaddeus Mason Pope
Marquette Elder's Advisor
In three sections, this author explores a comprehensive overview of futility cases over the twenty five year period from 1983 to 2008. This article begins by describing a futility dispute and the informal manner in which such a dispute is usually resolved. Next, the author differentiates three types of ex ante cases regarding replacing the authorized surrogate decision-maker, obtaining declaratory relief, and the withdrawal of life-sustaining medical treatment (LSMT). The final section evaluates the cases brought by surrogates after LSMT is withdrawn. Ultimately, this author concludes with practical implications of the author's reassessment of the judicial treatment of futility cases.
Continuing Care Retirement Communities Versus The Fair Housing Act: Independent Living And Involuntary Transfer , D. Trey Jordan
Continuing Care Retirement Communities Versus The Fair Housing Act: Independent Living And Involuntary Transfer , D. Trey Jordan
Marquette Elder's Advisor
America's population is aging. The Baby Boomers are beginning to reach retirement age. The number and percentage of seniors is dramatically increasing, and the numbers will explode in 2011, as the Baby Boomers begin to reach age sixty-five. With an aging population, issues including Social Security, health care, Medicaid, and housing must be addressed. This article focuses on the issue of senior citizen housing and the Fair Housing Act (FHA). In particular, this article explores the applications of independent living requirements or active senior clauses in assisted living development housing contracts under the Fair Housing Act.
Ensure Your Pet's Future: Estate Planning For Owners And Their Animal Companions , Rachel Hirschfeld
Ensure Your Pet's Future: Estate Planning For Owners And Their Animal Companions , Rachel Hirschfeld
Marquette Elder's Advisor
Pets are a central and vital part of their owners' lives, and it is statistically well-documented that seniors and people with health issues derive substantial benefits from their pets. However, pet owners often do not consider what will happen to their pets if they die or become disabled. Many older people do not have pets because they are concerned about who will care for their pets if they become disabled or die and their pet survives them. Often, older people would like to have a pet companion and would benefit from acquiring one or keeping the one they already have. …
Fillial Responsibility: A Survey Across Time And Oceans , Andrea Rickles-Jordan
Fillial Responsibility: A Survey Across Time And Oceans , Andrea Rickles-Jordan
Marquette Elder's Advisor
In the United States, Medicare and Medicaid are helping fund the cost of caring for the elderly. However, long before these programs existed, several states enacted statutes requiring children to care for their elderly parents. These filial responsibility statutes still exist in many states today, although their effectiveness and use has been called into question by opponents. To understand the current need for these statutes, this article first looks at the reasons the statutes were created. The article then follows their growth throughout the history of the world and the United States. As further means of comparison, the article examines …