Elder Law Commons^™

The Elderly Incompetent: The Right To Die With Dignity, Cary C. Homes

Campbell Law Review

This Comment will address the right to withdraw nutrition and hydration from the growing number of elderly incompetent patients who are dying, but who retain some minimal level of consciousness. Part I will discuss the legal bases for the right to refuse medical treatment. It will note the state interests that are contrary to this right, and will review important judicial decisions which have addressed an incompetent individual's right to have life-sustaining treatment withdrawn. Part II will discuss state legislatures' responses to this delicate issue. Part III will focus specifically on the withdrawal of feeding tubes from elderly incompetent, but …

A Moral Dilemma: The Role Of Judicial Intervention In Withholding Or Withdrawing Nutrition And Hydration, 23 J. Marshall L. Rev. 537 (1990), Anthony M. Peccarelli

UIC Law Review

No abstract provided.

Health Care Allocation For The Elderly: Age Discrimination By Another Name?, Howard C. Eglit

All Faculty Scholarship

No abstract provided.

The Gerontology Institute: The First Years, 1984-1987, Gerontology Institute, University Of Massachusetts Boston

Gerontology Institute Publications

During the first years of its existence, the Gerontology Institute has worked with older people to convert "retirement years" into opportunities for continuous growth and learning, while simultaneously seeking to re-examine social, political, and economic roles for elders in society. It is hoped that through such engagement of older individuals, the Institute has inspired a more positive attitude in society towards its aging population.

Medicaid And Medicaid Cost Containment In Massachusetts, Fredric A. Waldstein

New England Journal of Public Policy

The purpose of this article is to describe Medicaid's financial structure and examine cost containment efforts to limit future growth of the program, particularly pertaining to Massachusetts. The principal focus is the Massachusetts Department of Public Welfare and the Massachusetts Medicaid Fraud Control Unit, the two agencies most responsible for Medicaid cost containment in the commonwealth. Because elected officials are unwilling to face directly the troublesome issues surrounding Medicaid and its growth, the government agencies responsible for cost containment have been left to define the scope of the problem, design remedial strategies, and evaluate their success. This process is found …

Serving The Elderly: Need Versus Policy, Wornie L. Reed

William Monroe Trotter Institute Publications

Medicare was established in 1965 under Title XVIII of the Social Security Act. It was originally meant to eliminate the financial barriers to medical care for the aged. It has been called a form of national health insurance for persons age 65 and over. But it was deliberately designed in a manner to avoid modification of the fee-for-services system that is the basis of American Medical Care (Estes, 1979). As a result, inflation in the cost of care has seriously reduced financial benefits to the beneficiaries and in turn limited the access to medical care by the elderly.

A Necessary Compromise: The Right To Forego Artificial Nutrition And Hydration Under Maryland's Life-Sustaining Procedures Act, Wendy Ann Kronmiller

Maryland Law Review

No abstract provided.

Interviewing And Counseling Older Clients, J.P. "Sandy" Ogilvy

Scholarly Articles

No abstract provided.

Aging: A New Human Rights Concern--A Policy-Oriented Perspective, Lung-Chu Chen

Other Publications

No abstract provided.

The Age Discrimination In Employment Act's Forgotten Affirmative Defense: The Reasonable Factors Other Than Age Exception, Howard C. Eglit

All Faculty Scholarship

No abstract provided.

Mandatory Reporting Of Elder Abuse: A Cheap But Ineffective Solution To The Problem, Dyana Lee

Fordham Urban Law Journal

During the past decade physicians, social workers, and the media have sought to inform the American public that many elder adults are being maltreated by in-home caretakers. As a result of articles and reports identifying potentially large numbers of cases, society is slowly accepting the fact that this form of family violence exists. This growing awareness has caused a legislative response which has focused on increasing the reporting of potential abuses. Since 1977, thirty-nine states have enacted legislation providing for the reporting of in-home adult or elder abuse. Seldom has a specific kind of legislation received such popular support and …

Conservatorship: A Viable Alternative To Incompetency, Allen Federman

Fordham Urban Law Journal

The Article presents a general introduction to the concept of conservatorship, which is utilized to protect and care for the assets of impaired, but not adjudicated as incompetent, individuals. The Article gives an overview of the legislative history leading to the enactment of Article 77 of the New York Mental Hygiene Law and it explores some of the alternatives to conservatorship by discussing the benefits and disadvantages that the alternative processes provide to the impaired individual, the conservatee. The Article also discusses the role the conservator plays in the appointment and termination processes, how the conservator goes about marshaling the …

Ethical Issues In Decision Making, Peter J. Strauss, Nancy Neveloff Dubler

Articles & Chapters

No abstract provided.

The Right To Die: An Extension Of The Right To Privacy, 18 J. Marshall L. Rev. 895 (1985), Vincent T. Borst

UIC Law Review

No abstract provided.

Fighting City Hall With The Equality Rights Provisions Of The Canadian Charter Of Rights And Freedoms, Jonathan Baker

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Your Money Or Your Wife's?: Social Security Changes Considered, Neal Devins

Faculty Publications

No abstract provided.

"A Nursing Home ... Not For My Folks!": Families Caring For Their Elderly At Home, Scott A. Bass, Richard Rowland

Gerontology Faculty Publication Series

This booklet is the second in a series of reports about elderly issues. The first, entitled "The Elderly Have Spoken: Is Anybody Listening? The Impact of Fuel Costs on the Elderly," documented the impact of rising fuel costs on the elderly in Massachusetts. Each of the series reports seeks to capture the actual words, expressions, and feelings of elderly people and their loved ones. For the most part, the interviews were conducted by interviewers who are themselves 60 years old or older. We find that this age match provides greater insight and openness to the problems confronting the …

Condominium Conversion Lease Extensions For Elderly And Disabled Tenants: Is Virginia's New Law A Panacea?, Thomas A. Louthan

University of Richmond Law Review

Rental housing has been converted to condominiums at an increasingly rapid rate in recent years. Between 1970 and 1979, approximately 366,000 rental units were converted to condominiums or cooperatives nationwide. In Virginia, the City of Alexandria witnessed 7,173 conversions between 1973 and 1982; and Fairfax County experienced 5,113 conversions from 1974 to 1980. Arlington County experienced approximately 700 conversions per year from 1972 to 1978 and 1,400 per year since January, 1979.

The Law And The Elderly: Where Is The Legal Profession? A Challenge And A Response, Ira F. Ehrlich Dsw, Phyllis Ehrlich Mssa, Robert Dreher Jd

Journal of Legal Education

No abstract provided.

Four Visions Of The Law School: "Law And Aging" As A New Legal Field, Martin Levine

Journal of Legal Education

No abstract provided.

Of Age And The Constitution (Symposium), Howard C. Eglit

All Faculty Scholarship

No abstract provided.

The Age Discrimination Act Of 1975, As Amended: Genesis And Selected Problem Areas (Symposium), Howard C. Eglit

All Faculty Scholarship

No abstract provided.

The Elderly Have Spoken: Is Anybody Listening? The Impact Of Fuel Costs On The Elderly, Scott A. Bass, Richard Rowland

Gerontology Faculty Publication Series

This report contains the findings of a study carried out by the Gerontology Program at the University of Massachusetts Boston concerning the effects of the escalating fuel costs on the lives of the elderly who must pay for their own heat. Through the use of an interview format known as "modified critical incident" technique, a team of mostly elderly students spent several weeks during the winter of 1980 eliciting responses from more than 100 elderly individuals from throughout the greater Boston area. Not surprisingly , this study has revealed a number of profound impacts that the radical turn of economic …

Michigan's Nursing Home Reform Law, John D. Croll

University of Michigan Journal of Law Reform

This article examines Michigan's new nursing home reform law, which has been hailed as "landmark legislation" and as a model for the entire country. Part I examines the past failures of nursing home regulation and the need for reform. Part II analyzes the law's key provisions. Part III examines the weaknesses of certain enforcement measures. The article proposes the following improvements: (1) extension of the law's protection to residents of homes for the aged; (2) greater access to patients by approved organizations; (3) adoption of nurse-patient ratios; (4) improvement of inspection procedures; and (5) allowance for patients or their representatives …

Impact Of The Older Americans Act Of 1965 Upon The Elderly In Portland-Multnomah County, Oregon, From 1965 To 1977, Joil A. Southwell

Dissertations and Theses

This research sought to determine the impact of the Older Americans Act of 1965 and its subsequent amendments on the aged population in Portland-Multnomah County from 1965 to 1977. After a comparative analysis of aged services prior to the Act of 1965, and the elderly services subsequent to the Act, the conclusions revealed that there was a significant impact made upon the lives of seniors in Portland-Multnomah County area.

This study identifies the historical events that led to the Older Americans Act. This includes the evolution of aging consciousness in the local, state, and national communities. In addition, the major …

The Confinement Of Mabel Jones: Is There A Right To Jury Trial In Civil Commitment Proceedings?, Vicki Gordon Kaufman

Florida State University Law Review

No abstract provided.

Retirement Communities: The Nature And Enforceability Of Residential Segregation By Age, Mary Doyle

Michigan Law Review

Although age segregation in retirement communities can be established in a variety of ways, the Article focuses primarily on age-restrictive zoning ordinances, the method most directly involving governmental action. The Article first considers those persons adversely affected by age-restrictive retirement communities and suggests that potential plaintiffs may be divided into three classes-neighboring property owners whose land values are affected by the establishment of a retirement community, those excluded from such a community solely by virtue of ·their age, and those excluded or potentially excluded because of the age of persons with whom they choose to live. Next, the constitutional arguments …

Housing For The Elderly: Constitutional Limitations And Our Obligations, Ed Stafman

Florida State University Law Review

No abstract provided.

Case Note: Constitutional Law - Fair Hearing - A Provider Of Services Has A Right To Challenge A Determination Of Medicaid Benefits For Its Patients, Leonard J. Morreale, Jr.

Fordham Urban Law Journal

In this case note, Leonard J. Morreale, Jr. analyzes Peninsula General Nursing Home v. Sugarman, 57 App. Div. 2d 268, 394 N.Y.S.2d 644 (1st Dep't 1977). Jacob Stupler, an alleged indigent, was enrolled in the federal Medicare program which reimbursed the petitioner, Peninsula General Nursing Home, for the cost of medical care and services rendered to him. When federal benefits were terminated, petitioner promptly applied for Medicaid coverage on behalf of Mr. Stupler pursuant to the New York State Medical Assistance for Needy Persons Plan. The Social Services Department of the City of New York denied the application because Mr. …

New York's Revised Nursing Home Legislation, Michael G. Mcgee

University of Michigan Journal of Law Reform

This note undertakes an analysis of the extensive package of nursing home legislation recently enacted in New York. First, specific regulations will be examined in relation to problems they are designed to remedy. Next, the note critically appraises three key, innovative provisions, making recommendations for implementation or revision of each. Finally, the broad changes needed to bring about lasting improvement of nursing care are discussed and a summary of pending legislation is provided.