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Elder Law Commons™

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Elderly

Discipline
Institution
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Articles 31 - 60 of 128

Full-Text Articles in Elder Law

Handling Tort Recoveries For Persons Over And Under Age 65, Cheryl C. Mitchell, Ferd H. Mitchell Aug 2012

Handling Tort Recoveries For Persons Over And Under Age 65, Cheryl C. Mitchell, Ferd H. Mitchell

Marquette Elder's Advisor

Winning the case is only the first step in creating a satisfactory outcome for an injured elderly or disabled individual. Myriad rules pertain to the distribution of the award and distribution arrangements may affect current and future eligibility for programs such as Medicaid and SSI.


From The Guest Editors: Nursing Home Litigation: An Overview, Julie A. Braun, Jane M.R. Mulcahy Aug 2012

From The Guest Editors: Nursing Home Litigation: An Overview, Julie A. Braun, Jane M.R. Mulcahy

Marquette Elder's Advisor

This article provides an overview of the most common fact patterns involved in the litigation of neglect or abuse of the elderly. The common fact patterns include: choking and feeding tube, wandering, falls and related injuries, physical and chemical restraints, scalding, burns, malnutrition and dehydration, pressure sores, medication errors, and sexual abuse.


State Older-Driver Relicensing: Conflicts, Chaos, And The Search For Policy Consensus, Meridith J. Coley, Joseph F. Coughlin Aug 2012

State Older-Driver Relicensing: Conflicts, Chaos, And The Search For Policy Consensus, Meridith J. Coley, Joseph F. Coughlin

Marquette Elder's Advisor

No abstract provided.


Tax Rules Relating To The Sale Of A Principal Residence, Bradley Frigon Aug 2012

Tax Rules Relating To The Sale Of A Principal Residence, Bradley Frigon

Marquette Elder's Advisor

No abstract provided.


Education And Estate Planning, William Josh Ard Aug 2012

Education And Estate Planning, William Josh Ard

Marquette Elder's Advisor

No abstract provided.


The Elderly And September 11, 2001, Joseph A. Liberman Iii Aug 2012

The Elderly And September 11, 2001, Joseph A. Liberman Iii

Marquette Elder's Advisor

No abstract provided.


On The Way To Alzheimer's Disease, M. Saleem Ismail Aug 2012

On The Way To Alzheimer's Disease, M. Saleem Ismail

Marquette Elder's Advisor

Current research indicates that the onset of Alzheimer's disease is preceded by a stage termed "mild cognitive impairment." By recognizing the characteristics of this preclinical phase and administering the proper treatments, the author suggest that physicians may be able to stop the progression toward AD.


Joint Conference On Ethical/Legal Issues In The Progression Of Dementia, Carrie Mcadams Aug 2012

Joint Conference On Ethical/Legal Issues In The Progression Of Dementia, Carrie Mcadams

Marquette Elder's Advisor

No abstract provided.


Reimaging The Ombudsman: An Appraisal, Beth Eisendrath Aug 2012

Reimaging The Ombudsman: An Appraisal, Beth Eisendrath

Marquette Elder's Advisor

An ombudsman program can serve as a useful alternative to the court system for nursing-home residents. This article examines issues related to the ombudsman's role in long-term care facilities, including purpose, criticisms, and local and national recommendations


Preventative Medicine Guidelines For The Geriatric Population, Lisa Dockter, David A. Simpson Aug 2012

Preventative Medicine Guidelines For The Geriatric Population, Lisa Dockter, David A. Simpson

Marquette Elder's Advisor

To promote and maintain the health of elders, it is critical that physicians adopt preventative medicine practices. This article examines the geriatric health maintenance research, which provides comprehensive guidelines for healthcare providers


Early-Stage Dementia Diagnosis And Care, Victor G. Valcour, Patricia L. Blanchette Aug 2012

Early-Stage Dementia Diagnosis And Care, Victor G. Valcour, Patricia L. Blanchette

Marquette Elder's Advisor

Dementia caused by Alzheimer's disease and other factors is taking a tremendous toll on elders and their families. According to the author however, if the disease is diagnosed and treated early, many patients can avoid or delay secondary medical and social complications.


Tax-Efficient Wealth Transfer By An Elderly Couple, Allen F. Ross Aug 2012

Tax-Efficient Wealth Transfer By An Elderly Couple, Allen F. Ross

Marquette Elder's Advisor

A growing number of elders have amassed substantial assets as a result of adopting frugal lifestyles or making fortunate investments. This article proposes detailed plans for managing these individuals' taxes as their wealth is transferred.


A Guardianship Jury Trial Case Study, Steven C. Perlis Aug 2012

A Guardianship Jury Trial Case Study, Steven C. Perlis

Marquette Elder's Advisor

An attorney relates his recent experience with guardianship jury trials. Perils shares his insight gained and explains why the jury system can serve as an effective tool for advocating on behalf of elderly


Ethics Of The Attorney In Medical Malpractice Litigation, Marshall B. Kapp Aug 2012

Ethics Of The Attorney In Medical Malpractice Litigation, Marshall B. Kapp

Marquette Elder's Advisor

In medical malpractice litigation, providing legal representation to older patients or their healthcare providers carriers significant ethical implication. However, there has been little scholarly or practical discussion of legal ethics concerning circumstances in which the medical malpractice plaintiff is an older person. The author sets forth a tentative outline of key issues that should be included in an analysis of legal ethics in the medical malpractice context, particularly when an older patient is involved.


More Thoughts About Suicide In The Elderly, Richard E. Finlayson Aug 2012

More Thoughts About Suicide In The Elderly, Richard E. Finlayson

Marquette Elder's Advisor

No abstract provided.


Reverse Mortgage Information Online, Robin C. Schard Aug 2012

Reverse Mortgage Information Online, Robin C. Schard

Marquette Elder's Advisor

Reverse mortgages are a valuable tool that allow seniors to tap their home's equity. The author examines the traps for the unwary.


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.


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.


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.


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.


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.


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.