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Elder Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

2012

Discipline
Institution
Keyword
Publication
Publication Type

Articles 181 - 210 of 382

Full-Text Articles in Elder Law

Rights, Rights And Rights: A Ward's Right To A Hearing, A Guardian's Right To A Standard, And A Heir's Right To Inheritance, Edward A. Shipe Aug 2012

Rights, Rights And Rights: A Ward's Right To A Hearing, A Guardian's Right To A Standard, And A Heir's Right To Inheritance, Edward A. Shipe

Marquette Elder's Advisor

This article discusses a recent guardianship decision from a Florida appellate court that bore close scrutiny regarding due process rights and the right to "Medical Planning."


Comparative Analysis Of New Legislation In Florida, Illinois, And Wisconsin On Do-Not-Resuscitate Orders In Non-Hospital Settings, Susan U. Ladwig Aug 2012

Comparative Analysis Of New Legislation In Florida, Illinois, And Wisconsin On Do-Not-Resuscitate Orders In Non-Hospital Settings, Susan U. Ladwig

Marquette Elder's Advisor

This article focuses on the history and application of the newest type of end-of-life decision-making documents.


Terminal Sedation And Dehydration, Charles F. Mckhann Aug 2012

Terminal Sedation And Dehydration, Charles F. Mckhann

Marquette Elder's Advisor

This article examines the range of medical intervention at life's end can vary greatly, from sedation to euthanasia.


Planning And Experiencing The Move To A Continuing Care Retirement, Mary Anne Erickson, John A. Krout Aug 2012

Planning And Experiencing The Move To A Continuing Care Retirement, Mary Anne Erickson, John A. Krout

Marquette Elder's Advisor

This article suggest that continuing care retirement communities have become more common. While expensive, they offer many amenities as well as long term care


Texas' Nursing Home Enforcement System, Lowell A. Keig, Rande K. Herrell Aug 2012

Texas' Nursing Home Enforcement System, Lowell A. Keig, Rande K. Herrell

Marquette Elder's Advisor

This article examines Texas' nursing home regulation system, and suggest that it should be a national model.


From The Editor, Alison Mcchrystal Barnes Aug 2012

From The Editor, Alison Mcchrystal Barnes

Marquette Elder's Advisor

No abstract provided.


Retirement Account Distributions: A Journey Through The New Rules, Catherine M. Priebe Hertzberg Aug 2012

Retirement Account Distributions: A Journey Through The New Rules, Catherine M. Priebe Hertzberg

Marquette Elder's Advisor

This article examines new proposed regulations that make changes to minimum required distribution rules for IRAs and other retirement accounts


Table Of Contents Aug 2012

Table Of Contents

Marquette Elder's Advisor

No abstract provided.


A Quick Survey Of The Americans With Disabilities Act Aug 2012

A Quick Survey Of The Americans With Disabilities Act

Marquette Elder's Advisor

The Americans with Disabilities Act provides a wide range or protections from discrimination for elders who have physical and mental disabilities. The following article, the first of a series, provides an overview of the structure and principles of the ADA, concentrating on the protections provided for senior citizens seeking to remain on the job.


Internet Resources For Long-Term Care Insurance, Robin C. Schard Aug 2012

Internet Resources For Long-Term Care Insurance, Robin C. Schard

Marquette Elder's Advisor

This article looks at long-term care insurance on the Web. The various perspectives represented and information provided by insurance governance, organizations, consumer advocacy groups, and insurance companies create a solid basis for beginning the decision making process with regard to LTC insurance.


Medicare Handbook, Jane M.R. Mulcahy Aug 2012

Medicare Handbook, Jane M.R. Mulcahy

Marquette Elder's Advisor

No abstract provided.


Remarks Of Senator Charles Grassley To The Aarp's Board Of Directors, Charles Grassley Aug 2012

Remarks Of Senator Charles Grassley To The Aarp's Board Of Directors, Charles Grassley

Marquette Elder's Advisor

On February 14, 2001, Senator Grassley addressed the board of directors of the AARP. His remarks concerned matters of interest to all elderly Americans.


Suicide Late In Life, Richard E. Finlayson Aug 2012

Suicide Late In Life, Richard E. Finlayson

Marquette Elder's Advisor

There are few events that so deeply affect survivors as does suicide. This article examines the disbelief, anxiety, sadness, guilt and deep questioning of ones prior relationship with the departed.


Funding A Grandchild's College Education, Richard L. Kaplan Aug 2012

Funding A Grandchild's College Education, Richard L. Kaplan

Marquette Elder's Advisor

This article examines a number of college-funding mechanisms available to grandparents for their grandchildren. In light of the multifaceted considerations and often conflicting factors, the article shows which approaches are most appropriate given any set of circumstances


Funding Long-Term Care: Is There A Way To Ensure That Our Assets Will Last Longer Than We Will?, Nathalie D. Martin Aug 2012

Funding Long-Term Care: Is There A Way To Ensure That Our Assets Will Last Longer Than We Will?, Nathalie D. Martin

Marquette Elder's Advisor

Long-term care is subject of great concern to most elders. Stripping away the emotional hype and confusing lingo surrounding this topic is essential to making sound decisions. This article pares away all the extraneous complications and lays out the options that are currently available to elders, paying particular attention to the methods available to fund long-term care if or when it is needed


Is It Personal Autonomy Or A Personality Disorder?, Steve Fox Aug 2012

Is It Personal Autonomy Or A Personality Disorder?, Steve Fox

Marquette Elder's Advisor

In today's environment of mental health issues, protecting the rights of the elderly becomes even more challenging. Understanding the role of medical and psychiatric evaluations- and critical review of the quality of such reports- is crucial to providing adequate safeguards for clients.


Income-Only Trusts: A Win-Win-Win Option In Estate Planning, Billie M. Castle Aug 2012

Income-Only Trusts: A Win-Win-Win Option In Estate Planning, Billie M. Castle

Marquette Elder's Advisor

When appropriate, income-only trusts can achieve the multiple objectives of preserving assets while minimizing tax liability, protecting assets against the possibility of long-term care costs, and retaining control of the grantor. This article examines the important factors that need to be considered to use income-only trusts successfully.


The Invisible Elder: The Plight Of The Elder Native American, Lora A. Kaelber Aug 2012

The Invisible Elder: The Plight Of The Elder Native American, Lora A. Kaelber

Marquette Elder's Advisor

This article reveals the circumstances of many Native American elders. It reviews various causes and attempts at rectification and, in particular, one of the most recent efforts- high-stakes gaming. In keeping with a long history of failure of government intervention programs, this newest effort may be aggravating already difficult circumstances for the elderly


Isolated And Underserved: Reaching Lesbian, Gay, Bisexual, And Transgender Seniors, Nancy Flaxman Aug 2012

Isolated And Underserved: Reaching Lesbian, Gay, Bisexual, And Transgender Seniors, Nancy Flaxman

Marquette Elder's Advisor

This article examines how elders with diverse sexual orientations typically have spent a lifetime in the closet. Though many would benefit from professional advice that would assist with estate and financial planning and other issues raised by their nontraditional relationships, an attorney may never know unless the firm takes the first steps and lets the public know that LGBT elders are welcome and respected.


The Changing Face Of Seniors: Ethnic Diversity In The Aging Baby Boom Population, Clayton Fong Aug 2012

The Changing Face Of Seniors: Ethnic Diversity In The Aging Baby Boom Population, Clayton Fong

Marquette Elder's Advisor

Asian/Pacific elders present unique issues in professional services, including language barriers, family loyalties and diversity of cultural backgrounds. This article sketches a profile of this growing population


Consumer Preferences For A Consumer Directed Cash Option Versus Traditional Services, Sharon M. Desmond, Kevin J. Mahoney, Lori Simon-Rusinowitz, Dawn M. Shoop Aug 2012

Consumer Preferences For A Consumer Directed Cash Option Versus Traditional Services, Sharon M. Desmond, Kevin J. Mahoney, Lori Simon-Rusinowitz, Dawn M. Shoop

Marquette Elder's Advisor

This article examines the findings of a telephone survey inquiring into the preferences of Florida elders and adults with physical disabilities with regard to various options for receiving assistance and service.


Social Security Reform: Creating Transformative Opportunities For African Americans, Pheobe Weaver Williams Aug 2012

Social Security Reform: Creating Transformative Opportunities For African Americans, Pheobe Weaver Williams

Marquette Elder's Advisor

The Social Security retirement income program provides important security to nearly all workers in the U.S. Professor Williams reviews aspects of the Social Security system and proposes reforms in order to provide equitable protection.


Table Of Contents Aug 2012

Table Of Contents

Marquette Elder's Advisor

No abstract provided.


From The Editor, Alison Mcchrystal Barnes Aug 2012

From The Editor, Alison Mcchrystal Barnes

Marquette Elder's Advisor

No abstract provided.


A Medicaid Long-Term Care Eligibility Primer: Basic Eligibility Rules Aug 2012

A Medicaid Long-Term Care Eligibility Primer: Basic Eligibility Rules

Marquette Elder's Advisor

Determining Medicaid eligibility for elders who need nursing home care is central to the practice of elder law. The purpose of various Medicaid rules, which vary from state to state, can seem incomprehensible- even for those who provide excellent Medicaid planning services.


What Counsel For The Ward Can Learn From Will Contests, Alison Mcchrystal Barnes Aug 2012

What Counsel For The Ward Can Learn From Will Contests, Alison Mcchrystal Barnes

Marquette Elder's Advisor

When courts base their determinations of competency on a preference for family control of assets, the property rights of older people are diminished. For elder law advocates to protect their clients' interest in controlling their own property, it is necessary to move the recognition of the family paradigm in guardianship and will contests beyond mere anecdote


Unraveling The Uncertainties Of Alzheimer's Disease: Internet Resources For Attorneys And Clients, Kathryn Henisak Aug 2012

Unraveling The Uncertainties Of Alzheimer's Disease: Internet Resources For Attorneys And Clients, Kathryn Henisak

Marquette Elder's Advisor

Alzheimer's is a deadly mysterious disease that affects millions of people. At this time, there is no known cure. This article discusses some helpful Internet resources for information on Alzheimer's symptoms and possible treatments.


The Positive Impact Of Caregiver Support Groups On Adult Children Of Aging Parents, Susan Beerman Aug 2012

The Positive Impact Of Caregiver Support Groups On Adult Children Of Aging Parents, Susan Beerman

Marquette Elder's Advisor

Adult children of aging parents often suffer from a multitude of problems, which they endure quietly and alone. This article describes how five such caregivers formed a support group and derived invaluable help in coping


Special Care Units: History, Regulation, And Criticism, Mollie Grande Aug 2012

Special Care Units: History, Regulation, And Criticism, Mollie Grande

Marquette Elder's Advisor

Special care units are nursing home areas dedicated to providing care for patients with dementia. This article describes the characteristics of individuals with dementia who need long-term care, outlines the reasons special care units were created, and discusses issues regarding their regulation.


New Regulations Simplify Required Distributions From Iras And Certain Qualified Deferred Compensation Plans, Richard Mandel Aug 2012

New Regulations Simplify Required Distributions From Iras And Certain Qualified Deferred Compensation Plans, Richard Mandel

Marquette Elder's Advisor

In April 2002, the IRS released new regulations that greatly simplify the rules regarding required distributions from IRAs and certain qualified retirement plains. This articles summarizes these new rules by applying them to the two categories into which each retiree must fall and analyzing the effect of the four possible beneficiary designations available to retirees.