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Articles 601 - 630 of 1207
Full-Text Articles in Elder Law
Informed Consent For Electroconvulsive Therapy, Richard E. Finlayson
Informed Consent For Electroconvulsive Therapy, Richard E. Finlayson
Marquette Elder's Advisor
Despite the controversy surrounding the procedure, electroconvulsive therapy (ECT) remains an effective treatment for certain mental disorders among the elderly. This article introduces certain issues that physicians should consider and deal with effectively to ensure proper treatment and optimal results for patients.
The Qualified Personal Residence Trust: Passing Wealth To The Next Generation At A Reduced Transfer Tax Cost, Barbara Freedman Wand
The Qualified Personal Residence Trust: Passing Wealth To The Next Generation At A Reduced Transfer Tax Cost, Barbara Freedman Wand
Marquette Elder's Advisor
Although the qualified personal residence trust can be effective for transferring substantial wealth to the next generation at a significantly reduced transfer tax cost, the transfer of a personal residence to family members can raise complex family issues. This article examines both the non-tax and tax issues related to the qualified personal residence trust, including qualification requirements under Section 2702 of the Internal Revenue Code.
Protecting The Disabled Individual Through The Use Of A Medicare Set-Aside Trust, Susan G. Haines, John J. Campbell
Protecting The Disabled Individual Through The Use Of A Medicare Set-Aside Trust, Susan G. Haines, John J. Campbell
Marquette Elder's Advisor
In America, plaintiffs in tort settlements receive more benefits, including Medicare benefits, than plaintiffs in worker's compensation cases. A properly established Medicare set-aside trust can guarantee that a disabled worker's Medicare benefits will be available after a worker's compensation settlement. This article discusses the theory behind a Medicare set-aside trust and tips for properly using it.
Disclaimer And Elective Share In The Medicaid Context, Cynthia L. Barrett
Disclaimer And Elective Share In The Medicaid Context, Cynthia L. Barrett
Marquette Elder's Advisor
Disclaimers of inheritance must be handled with care to ensure that they do not harm the long-term benefits provided by the federal Medicaid program. This article explores recent developments in Medicaid law, some disclaimer situations in practice, and effects of forced elective shares on Medicaid benefits. This article also discusses various means to plan for Medicaid, including the use of a Special-Needs Right-of-Election Trust.
Editorial Views: Choosing And Death, Alison Mcchrystal Barnes
Editorial Views: Choosing And Death, Alison Mcchrystal Barnes
Marquette Elder's Advisor
This article examines whether death can be handled with dignity. By looking at various world views surrounding questions about ending one's life, the author discusses when the benefits may be diminished or futile.
Ticking Time Bombs In Ira Planning For Professionals, Jack E. Stephens
Ticking Time Bombs In Ira Planning For Professionals, Jack E. Stephens
Marquette Elder's Advisor
Individual retirement accounts (IRAs) are generally a significant part of any client's estate these days. Professional estate planners must familiarize themselves with the multifarious rules that affect IRAs and take into account basic planning requirements to avoid potential catastrophic tax traps for the client and liability for the advisor. This article highlights twenty-two significant issues with IRAs that estate planners must address.
Paying For Terminal Illness
Marquette Elder's Advisor
The need for public assistance for terminal care has moved death itself from a private family matter to the public professional sphere. Congress intended Medicare hospice coverage to be comprehensive, but its eligibility rules and per diem limits deprive some patients of needed care. This article examines these limits and the alternative models for care of the dying.
When A Person Wants To Die: Legal Considerations, Charles F. Mckhann
When A Person Wants To Die: Legal Considerations, Charles F. Mckhann
Marquette Elder's Advisor
Individuals throughout the nation are examining their personal options to determine end-of-life decisions. This article examines the medical reasons why people may want to die, the legal background and current status of existing laws, the various options open to the terminally ill person (voluntary dehydration, suicide, assisted dying, euthanasia, and the double effect), and the role of the legal counselor.
The Bright Misplaced Line: Persistent Vegetative State And Withdrawal Of Artificial Sustenance, James A. Jaeger
The Bright Misplaced Line: Persistent Vegetative State And Withdrawal Of Artificial Sustenance, James A. Jaeger
Marquette Elder's Advisor
One of the most troublesome issues with end-of-life decision making is the withdrawal of tube feeding, which became more problematic following the Wisconsin decision in the Edna M.F. case. This article examines case law on this issue, reviews some of the medical literature on the effects of withdrawing a feeding tube, reviews case law developments in other states, and articulates what would be a workable approach to this issue.
From The Editor, Alison Mcchrystal Barnes
From The Editor, Alison Mcchrystal Barnes
Marquette Elder's Advisor
No abstract provided.
The Assessment Of Mental Competence: Factors Affecting The Process, Richard E. Finlayson
The Assessment Of Mental Competence: Factors Affecting The Process, Richard E. Finlayson
Marquette Elder's Advisor
In this column, the author examines factors that can complicate the assessment of determining a patient's mental competence.
Building Relationships That Work, Michael K. Mcchrystal
Building Relationships That Work, Michael K. Mcchrystal
Marquette Elder's Advisor
This column examines two misconceptions that are frequently associated with the lawyer-client relationship. The column looks at the law of legal ethics which can shed light on the unique complexities of the lawyer-client relationship.
Search Tools: Skills And Strategies, Robin C. Schard
Search Tools: Skills And Strategies, Robin C. Schard
Marquette Elder's Advisor
This column is a guide that helps readers understand how search tools work and how readers can use these tools more efficiently.
An Introduction To Medicare, Cheryldiane Feuerman, Edward Dale
An Introduction To Medicare, Cheryldiane Feuerman, Edward Dale
Marquette Elder's Advisor
This column details the nuts and bolds of Medicare, noting that it Medicare is not always as familiar as it should be to beneficiaries, their advisors, or their doctors. This column presents an overview of Medicare's eligibility requirements, coverage, and appeals process.
Ethical Issues In Medicaid Planning, C. Michael Shallowy
Ethical Issues In Medicaid Planning, C. Michael Shallowy
Marquette Elder's Advisor
This article presents the importance of understanding the fairness exceptions to Medicaid. The elderly appear to have a general discomfort with getting something for free. Medicaid is a government program that almost all elderly individuals have contributed to over their life times. This article argues that Medicaid can reduce the psychological harm associated with the need for long-term nursing care.
Marital Deduction Planning: Naming A Trust As Beneficiary Of Retirement Plan Benefits, Barbara Freedman Wand
Marital Deduction Planning: Naming A Trust As Beneficiary Of Retirement Plan Benefits, Barbara Freedman Wand
Marquette Elder's Advisor
This article discusses marital deduction planning for retirement plan assets when a trust will be named a beneficiary. The author discusses the necessity for careful planning and numerous issues that must be considered
Make Sure Your Estate Plan Includes The Finale!, Patricia A. Elder
Make Sure Your Estate Plan Includes The Finale!, Patricia A. Elder
Marquette Elder's Advisor
This article explores the need to plan and prepare for the costs and arrangements associated with a funeral. Preplanning and pre-funding a funeral relieves an individual's survivors of a number of responsibilities during a difficult time period. Preparing for one's own funeral can also relieve an individual's concerns by allowing the individual to feel that everything is taken care of
Reconfiguring Social Security For The 21st Century, Susan A. Channick
Reconfiguring Social Security For The 21st Century, Susan A. Channick
Marquette Elder's Advisor
This article focuses on In the Matter of the Guardianship and Protective Placement of Jimmie L. v. Sauk County. The guardian in the case was appointed in one state, but the guardian desired to relocate to another state. The article also explores the use of the Uniform Enforcement of Foreign Judgments Act where issues arise in interstate guardianship.
Elder Law: General Practice With A Niche, Jane Rupprecht Mulcahy
Elder Law: General Practice With A Niche, Jane Rupprecht Mulcahy
Marquette Elder's Advisor
This article provides an overview of elder law practice and the importance of a client centered practice. Developing an elder law practice requires specialized marketing to the growing aging population. The elder law attorney must be knowledgeable in broad areas of law included in that practice. Expertise in property law and health care law are two of the most common areas of law practiced by elder law attorneys.
Issues In Interstate Guardianship, William P. Donaldson
Issues In Interstate Guardianship, William P. Donaldson
Marquette Elder's Advisor
This article focuses on In the Matter of the Guardianship and Protective Placement of Jimmie L. v. Sauk County. The guardian in the case was appointed in one state, but the guardian desired to relocate to another state. The article also explores the use of the Uniform Enforcement of Foreign Judgments Act where issues arise in interstate guardianship.
Petitioning For Grandparent Visitation, State By State, Julie A. Braun
Petitioning For Grandparent Visitation, State By State, Julie A. Braun
Marquette Elder's Advisor
This article discusses varying legislation enacted by all fifty states that allow grandparents to petition for visitation with their grandchildren. While some states allow a grandparent to petition for visitation at any time, the majority of states require a disruption of an intact nuclear family before a grandparent may petition for visitation. The article identifies practice tips and discusses conditions or restrictions a court may impose on the visitation.
From The Editor, Alison Mcchrystal Barnes
From The Editor, Alison Mcchrystal Barnes
Marquette Elder's Advisor
No abstract provided.
Interstate And International Recognition Of Health Care Advance Directives, Russell E. Carlisle
Interstate And International Recognition Of Health Care Advance Directives, Russell E. Carlisle
Marquette Elder's Advisor
This article addresses the issue of interstate recognition of health care advance directives. Conflicts have developed in this area since America is an increasingly mobile society and advance directives are governed by state law. The article investigates the problems associated with varied state laws and the implementation of those laws in other states.
Naela Advocacy Seeks To Influence Public Policy, Emily Starr, Ron Fatoullah
Naela Advocacy Seeks To Influence Public Policy, Emily Starr, Ron Fatoullah
Marquette Elder's Advisor
The National Academy of Elder Law Attorneys is an organization with an agenda. This advocacy group works to improve legislation affecting its professionals and their clients.
Finding Internet Sites On Elder Issues: Health And Human Services, Robin C. Schard
Finding Internet Sites On Elder Issues: Health And Human Services, Robin C. Schard
Marquette Elder's Advisor
Have you ever heard the term information over load? Do you feel it every time you try to find an exact piece of information on the Internet? Here's the place to start.
The One-Stop Shop: Beyond Estate Planning, Ann M. Devine
The One-Stop Shop: Beyond Estate Planning, Ann M. Devine
Marquette Elder's Advisor
An investigation of the special needs of the elderly looks to expand the current practice of conventional estate planning beyond the creation of trusts and wills into an innovative business providing holistic life plans and services to address all the needs of aging.