Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
- Keyword
-
- Long term care (7)
- Dementia (3)
- Nursing homes (3)
- Alzheimer's Disease (2)
- Nursing care (2)
-
- Abuse (1)
- Accounts (1)
- Advance directive (1)
- Alzheimer's (1)
- Assisted living resources. insurance (1)
- Australia. (1)
- Bankruptcy (1)
- Benefits (1)
- Best Interests (1)
- Boren amendment (1)
- Certified nursing assistant (1)
- Charitable trusts (1)
- Citizens for democratic elections (1)
- Constitutional claim (1)
- Cruzan v. Director (1)
- Decisionmaking (1)
- Demented Clients and Their Families (1)
- Demented Persons (1)
- Dementia Research (1)
- Department of justice (1)
- Disability Benefits (1)
- Dispute Resolution (1)
- Elder abuse (1)
- Elder law (1)
- Elder neglect (1)
- Publication
- Publication Type
Articles 1 - 23 of 23
Full-Text Articles in Elder Law
The Uniform Health-Care Decisions Act And Its Progress In The States, David M. English
The Uniform Health-Care Decisions Act And Its Progress In The States, David M. English
Faculty Publications
Over the past decade, planning for health care decision making through the making of an advance directive has become a routine part of personal counseling. Public interest in the subject has been fueled by well-publicized cases such as Cruzan v. Director, Missouri Department of Health, 497 U.S. 261 (1990). In response to this interest, most states authorize their citizens to make at least one form of advance directive: all states statutorily authorize powers of attorney for health care, and all but Massachusetts, Michigan and New York authorize living wills. State legislation has been a mixed blessing. Although intended to facilitate …
Dead Hands And State Actors: Theracially Discriminatory Charitable Trustin Hermitage Methodist Homes, Dean Barclay
Dead Hands And State Actors: Theracially Discriminatory Charitable Trustin Hermitage Methodist Homes, Dean Barclay
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Reflecting Reality: Adding Elder Abuse And Neglect To Legal Education, Seymour H. Moskowitz
Reflecting Reality: Adding Elder Abuse And Neglect To Legal Education, Seymour H. Moskowitz
Law Faculty Publications
No abstract provided.
Privatizing Social Security, Jerry W. Markham
Privatizing Social Security, Jerry W. Markham
Faculty Publications
The 2000 presidential election focused attention on an idea that has been surfacing for some time--the privatization of Social Security. Although opposition remains fierce, proposals for privatization have been gradually gaining acceptance as the inadequacy of benefits from the present system become more apparent, and bankruptcy becomes certain in the absence of additional onerous funding. Resistance to privatization largely centers on concerns that existing participants will lose their contributions and that private accounts may result in investment losses, which would leave future pensioners penniless. The disability and survivor benefits of the present Social Security system also raise concerns for the …
Internet Resources For Long-Term Care Insurance, Robin Schard
Internet Resources For Long-Term Care Insurance, Robin Schard
Articles
No abstract provided.
Be Careful What You Ask For: The Repeal Of The Boren Amendment And Continuing Federal Responsibility To Assure That State Medicaid Programs Pay For Cost Effective Quality Nursing Facility Care, Malcolm J. Harkins Iii
Be Careful What You Ask For: The Repeal Of The Boren Amendment And Continuing Federal Responsibility To Assure That State Medicaid Programs Pay For Cost Effective Quality Nursing Facility Care, Malcolm J. Harkins Iii
Journal of Health Care Law and Policy
No abstract provided.
Federal Law Enforcement In Long Term Care, Marie-Therese Connolly
Federal Law Enforcement In Long Term Care, Marie-Therese Connolly
Journal of Health Care Law and Policy
No abstract provided.
The Crisis In The Long-Term Care Workforce, Karl Pillemer, Mark S. Lachs
The Crisis In The Long-Term Care Workforce, Karl Pillemer, Mark S. Lachs
Journal of Health Care Law and Policy
No abstract provided.
The Nursing Home Crisis: Views From A Trustee In The Nonprofit Sector, Marshall B. Kapp
The Nursing Home Crisis: Views From A Trustee In The Nonprofit Sector, Marshall B. Kapp
Journal of Health Care Law and Policy
No abstract provided.
Voting And Nursing Home Residents: A Survey Of Practices And Policies, Joan L. O'Sullivan
Voting And Nursing Home Residents: A Survey Of Practices And Policies, Joan L. O'Sullivan
Journal of Health Care Law and Policy
No abstract provided.
Shalala V. Illinois Council On Long Term Care: The United States Supreme Court Confounds The Crisis In Nursing Home Care With An Unneeded Jurisdictional Channeling Requirement, Marko W. Kipa
Journal of Health Care Law and Policy
No abstract provided.
Statutory Limits On Punitive Damages In Nursing Home Negligence Tort Actions: Preventing The Collapse Of The Private Nursing Home, Terrance J. Shanahan
Statutory Limits On Punitive Damages In Nursing Home Negligence Tort Actions: Preventing The Collapse Of The Private Nursing Home, Terrance J. Shanahan
Journal of Health Care Law and Policy
No abstract provided.
Public Policy Implications Of Liability Regimes For Injuries Caused By Persons With Alzheimer's Disease, Edward P. Richards
Public Policy Implications Of Liability Regimes For Injuries Caused By Persons With Alzheimer's Disease, Edward P. Richards
Georgia Law Review
People in the United States and the developed world are living longer than ever before. While gains in the average life expectancy have been modest, these gains greatly underestimate the growth of the elderly population. Most of this elderly population is healthier and more active in everyday life than people of comparable age in decades past. The amelioration of many of the diseases of age has accentuated the problems of the chronic diseases for which there are no effective treatments. Perhaps the most devastating of these is Alzheimer's disease, a progressive dementia leading to incapacity and death. As discussed in …
Lawyers' Ethical Dilemmas: A "Normal" Relationship When Representing Demented Clients And Their Families, Robert B. Fleming, Rebecca C. Morgan
Lawyers' Ethical Dilemmas: A "Normal" Relationship When Representing Demented Clients And Their Families, Robert B. Fleming, Rebecca C. Morgan
Georgia Law Review
The Anglo-American legal system, based as it is on an adversary system of justice, assumes that two or more legal combatants, capably arguing their respective positions, can best ensure that the correct answer will become apparent to a neutral decisionmaker, the judge. The system assumes competent parties with adept legal representation, presenting their respective sides of the case with little involvement by the judge. This ideal can be difficult, even impossible, to reach when one party is demented.' Indeed, in such a case the problem with this traditional legal model is even deeper-there may be no clear adversarial distinction between …
Decisionmaking At The End Of Life: Patients With Alzheimer's Or Other Dementias, Leslie P. Francis
Decisionmaking At The End Of Life: Patients With Alzheimer's Or Other Dementias, Leslie P. Francis
Georgia Law Review
Patients with dementia present difficult issues for health-care decisionmaking. This article addresses the moral and legal issues posed by end of life decisionmaking for such patients. In general, the ethical goals of care are to assure that patients' choices are respected and that patients' best interests are protected. These goals may not always recommend the same decisions about care, however, and there is controversy about how they should be balanced when they conflict. In addition, the law may not always further these goals, nor be as helpful as it could be in resolving conflicts between them. In the bioethics literature, …
Freedom Fading: On Dementia, Best Interests, And Public Safety, Bruce Jennings
Freedom Fading: On Dementia, Best Interests, And Public Safety, Bruce Jennings
Georgia Law Review
Having Alzheimer's Disease does not make a person evil, but it does sometimes cause behavior that poses a danger to the person with dementia or to others. On what grounds can we justify overriding and restricting the liberty of a person with dementia? How far should such restrictions go? Who should authorize them and who should carry them out, and under what theory? Given that all behavior carries some degree of risk, what level of risk is acceptable? What should society tolerate as a part of the back- ground conditions within which most people conduct their lives? To what level …
Predictive Genetic Testing For Alzheimer's Disease In Long-Term Care Insurance, Mark A. Rothstein
Predictive Genetic Testing For Alzheimer's Disease In Long-Term Care Insurance, Mark A. Rothstein
Georgia Law Review
The promise of new genetic research is the ability to prevent, treat, and cure a wide range of physical and mental disorders-both monogenic and complex disorders. While astonishing progress has been made in gene discovery and the development of genetic tests, progress has been much slower in developing medicalinterventions. Consequently, there is likely to be a gap of varying and indetermi- nate time-lasting years or decades-between the ability to identify and predict genetic risk and the ability to prevent, treat, or cure the condition. The gap between the ability to predict genetic risk and the ability to ameliorate the risk …
Dispute Resolution And Dementia: Seeking Solutions, Erica F. Wood
Dispute Resolution And Dementia: Seeking Solutions, Erica F. Wood
Georgia Law Review
With the rise in dementia, 2nd and 3rd party disputes will be more frequent. The elderly population with cognitive impairments is growing rapidly. By 2030, the population aged 65 years and older is expected to reach 70 million, more than double the number in 1998.1 Moreover, the older population itself is getting older. While a decline in mental function is not an inevitable part of the normal aging process, the likelihood of dementia or related brain disorders increases with advancing age. The prevalence of dementia doubles every five years in the elderly, growing from a disorder that affects one percent …
Foreword, Edward D. Spurgeon, Charles P. Sabatino, Nancy M. Coleman, Stephen R. Mcconnell, Rebecca C. Morgan
Foreword, Edward D. Spurgeon, Charles P. Sabatino, Nancy M. Coleman, Stephen R. Mcconnell, Rebecca C. Morgan
Georgia Law Review
The Joint Conference on Legal/Ethical Issues in the Progression of Dementia grew out of the pressing need to address the very real legal and ethical dilemmas that arise in situations like the one of Marie McDonough Larson and her family. Five groups joined forces to sponsor the Conference: the Borchard Foundation Center on Law and Aging; the Alzheimer's Association; the American Bar Association's Commission on Legal Problems of the Elderly; the National Academy of Elder Law Attorneys; and the University of Georgia School of Law. Held at the Center for Continuing Education at the University of Georgia, the Conference spanned …
Recommendations Of The Joint Conference
Recommendations Of The Joint Conference
Georgia Law Review
Health-care and financial planning for the client with diminished capacity requires a holistic approach that includes consideration of the realities of dementia progression, cultural and linguistic diversity, capacity that may vary over time, issues of surrogate decision making, and recognition of the client's vulnerability to abuse, neglect, exploitation and undue influence. A goal of legal planning should be to limit the use of guardianship to the greatest extent possible.
Foreword: Joint Conference On Legal/Ethical Issues In The Progression Of Dementia, Edward D. Spurgeon
Foreword: Joint Conference On Legal/Ethical Issues In The Progression Of Dementia, Edward D. Spurgeon
Scholarly Works
The Joint Conference on Legal/Ethical Issues in the Progression of Dementia grew out of the pressing need to address the very real legal and ethical dilemmas that arise in situations like the one of Marie McDonough Larson and her family. Five groups joined forces to sponsor the Conference: the Borchard Foundation Center on Law and Aging; the Alzheimer's Association; the American Bar Association's Commission on Legal Problems of the Elderly; the National Academy of Elder Law Attorneys; and the University of Georgia School of Law. Held at the Center for Continuing Education at the University of Georgia, the Conference spanned …
Dementia Research: Ethics And Policy For The Twenty-First Century, Rebecca Dresser
Dementia Research: Ethics And Policy For The Twenty-First Century, Rebecca Dresser
Georgia Law Review
People in developed countries rank dementia among the most feared threats to human health and life. With an increasing portion of the U.S. population living into the seventh, eighth, and ninth decades, the incidence of dementia is on the rise. So is the incidence of dementia research. In an effort to lighten the burdens on future patients and caregivers, government agencies, pharmaceutical companies, and philanthropic organizations are devoting abundant resources to the study of dementia. Like most human endeavors, dementia research can yield both benefits and harms. On the positive side, research holds out the possibility of better medications and …
Thinking About Life-Sustaining Treatment Late In The Life Of A Demented Person, Thomas Finucane
Thinking About Life-Sustaining Treatment Late In The Life Of A Demented Person, Thomas Finucane
Georgia Law Review
This paper will consider a specific clinical situation: an elderly patient with dementia who becomes seriously ill, where treatment would likely be burdensome but might prolong life. Generic questions are described and the lawyerly Standard Paradigm is developed. Questions are raised about every step of the Standard Paradigm. Finally, there is a discussion of two treatment decisions that are commonly faced late in the course of advanced dementia: tube feeding and attempted cardiopulmonary resuscitation.