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Articles 61 - 90 of 128
Full-Text Articles in Elder Law
Affordability: What It Means For Aging People And Some Ways To Achieve It, Jim Moore
Affordability: What It Means For Aging People And Some Ways To Achieve It, Jim Moore
Marquette Elder's Advisor
Assisted living is an attractive model for many who suffer the frailties of aging. Why? Because services and their costs are limited to those that are actually needed. Yet few communities exists to provide assisted living to elders who are not affluent. Is affordability possible without substantial subsidies? This author says yes - with care and planning.
Comprehensive Geriatric Assessment: Assuring Appropriate Medical Treatment And Improving Quality Of Life, Judith B. Rappaport Musson
Comprehensive Geriatric Assessment: Assuring Appropriate Medical Treatment And Improving Quality Of Life, Judith B. Rappaport Musson
Marquette Elder's Advisor
The Comprehensive Geriatric Assessment (CGA) is an effort by an interdisciplinary team of professionals whose goal is to advocate for elder patients and help restore them to optimum health and functionality. This article presents an analytic look at this powerful and underused tool.
Abuse In Nursing Homes: Consumers Are Being Left In The Dark, Kathryn Hensiak
Abuse In Nursing Homes: Consumers Are Being Left In The Dark, Kathryn Hensiak
Marquette Elder's Advisor
Horrific reports of physical and sexual abuse plague our nation's nursing homes. A key information resource for consumers, the federal Nursing Home Compare website, is failing to provide adequate information. While government officials are making efforts to improve the site, consumers must be vigilant and protect family members in nursing home care.
"Super Charging" Your Clients' Retirement Portfolios, Robert P. Kreitler
"Super Charging" Your Clients' Retirement Portfolios, Robert P. Kreitler
Marquette Elder's Advisor
Most retirees' main objective is to maximize income and ensure that they do not run out of money. This is different from the preretirement years, when maximizing total return is typically the client's goal. The often neglected immediate fixed annuity is unique in its ability to "super charge" a portfolio. It can increase income and guarantee it for life.
Alcohol Abuse: A Hidden Epidemic Among Elders, M. Saleem Ismail
Alcohol Abuse: A Hidden Epidemic Among Elders, M. Saleem Ismail
Marquette Elder's Advisor
Among elders with physical or emotional disorders, even modest alcohol consumption can seriously impair their already fragile health. Successful treatment requires identifying the problem, understanding the medical and social complexities involved, and providing the necessary support
Elders In The Workforce: Advantage And Disadvantages Of Staying On The Job, Monica Pikoske
Elders In The Workforce: Advantage And Disadvantages Of Staying On The Job, Monica Pikoske
Marquette Elder's Advisor
Is it wise to encourage older employees to delay retirement? Some statistics say yes. While there are benefits to continuing to work, however, there are also financial consequences. This article discusses the advantages and drawbacks of staying in the workforce beyond the age of sixty-five.
Widow To Widow: Thoughtful, Practical Ideas For Rebuilding Your Life, Maureen A. Lokrantz
Widow To Widow: Thoughtful, Practical Ideas For Rebuilding Your Life, Maureen A. Lokrantz
Marquette Elder's Advisor
No abstract provided.
Medicare Reasonable And Medically Necessary Care: Skirmishes At The Front
Medicare Reasonable And Medically Necessary Care: Skirmishes At The Front
Marquette Elder's Advisor
Medicare covers costs for health care deemed "reasonable and necessary" and excludes care classified as "experimental, investigative, or unproven." This article discusses coverage limits and the exceptions for which Medicare will authorize payment.
Defined Contribution Health Plans: Ready Or Not, Here They Come, Caryn Cucuta
Defined Contribution Health Plans: Ready Or Not, Here They Come, Caryn Cucuta
Marquette Elder's Advisor
Defined contribution health coverage has been discussed for a number of years no response from the market. Now however, it looks as though employers may be ready to make the move to such plans. This article discusses the market and legislative influences that are making this switch more attractive to employers, and outlines various defined contribution plan models.
Electroconvulsive Therapy (Ect): An Introduction For Elder Law Professionals, Deirdre Johnston, Doug Eitel, W. Vaughn Mccall
Electroconvulsive Therapy (Ect): An Introduction For Elder Law Professionals, Deirdre Johnston, Doug Eitel, W. Vaughn Mccall
Marquette Elder's Advisor
Electroconvulsive therapy (ECT), colloquially called "shock therapy," is often denounced as barbaric by members of the lay population. However, it is actually a highly efficacious treatment for depression, which can be particularly common and severe in the elderly. This discussion illuminates the potential benefits and risks of this controversial treatment.
The Property Tax Relief For The Elderly: A Survey Of The Nation, Katie Babe
The Property Tax Relief For The Elderly: A Survey Of The Nation, Katie Babe
Marquette Elder's Advisor
This article investigates various methods that states have employed to provide property tax relief to their senior citizens and evaluates their effectiveness. The pros and cons of homestead exemptions, different credit and rebate programs, deferral programs, property tax freezes, reverse mortgages, and other programs are explored. Twenty-two pages of comparative charts are included for comparison purposes.
Denial And Codependence In Domestic Violence By Adult Children On Their Elderly Parents , Preston Mighdoll
Denial And Codependence In Domestic Violence By Adult Children On Their Elderly Parents , Preston Mighdoll
Marquette Elder's Advisor
This case study of an adult son who physically abused his parents and the cycle of the case through the legal system is an eye-opener of how difficult it is to protect vulnerable elderly parents from dysfunctional and abusive adult children. Mighdoll discusses the results of enabling, parent denial, ineffective no contact orders, lack of evidence, and the need for an elderly hearsay exception.
Protecting The Gold In The Golden Years: Practical Guidance For Professionals On Financial Exploitation, Julie A. Lemke, Seymour Moskowitz
Protecting The Gold In The Golden Years: Practical Guidance For Professionals On Financial Exploitation, Julie A. Lemke, Seymour Moskowitz
Marquette Elder's Advisor
The authors discuss financial exploitation of the elderly from multi-disciplinary viewpoints. The role of attorneys, including conflicts of interest, is explored along with practical prevention tools and remedies. Ways that financial institutions can protect their customers, including bank reporting projects, are investigated. Roles that the clergy, adult protective services, legislatures, and the police can play are discussed and an appendix of elder abuse hotlines is included.
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.
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.
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.
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.
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.
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.
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.
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.
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?
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.
What Is Wrong With The Long-Term Care Reforms In The Defecit Reduction Act Of 2005? , Ellen O'Brien
What Is Wrong With The Long-Term Care Reforms In The Defecit Reduction Act Of 2005? , Ellen O'Brien
Marquette Elder's Advisor
Cutting Medicaid is unlikely to substantially increase private sources of long-term care financing, and future financing reform needs to focus on the actual flaws in the current means-tested system of long-term care financing. In order to make this argument, this article briefly describes the goals of the DRA and the policy reforms that seek to limit eligibility for the middle-class elderly. Next, the article draws on a wide range of empirical studies conduct over the past two decades to demonstrate that the impact of Medicaid planning is not quantitatively significant, and that by and large, the elderly assume substantial personal …