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Articles 781 - 810 of 1207

Full-Text Articles in Elder Law

The Property Tax Relief For The Elderly: A Survey Of The Nation, Katie Babe Aug 2012

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.

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Book Review: Elders On Trial: Age And Ageism In The American Legal System, Olivia M. Wong Aug 2012

Book Review: Elders On Trial: Age And Ageism In The American Legal System, Olivia M. Wong

Marquette Elder's Advisor

In the first part of the book Howard Eglit discusses ageism and the changing of attitudes toward citizens as they age. The second part explores aging as it relates to the legal system, including issues of particular importance to seniors, increasing litigation involving the elderly, lawyer/elderly client issues, possible discrimination in jury selection, and the issues of competence of elderly judges.

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Employment Tax Issues In Home Health Care Contracts, Ben A. Neiburger Aug 2012

Employment Tax Issues In Home Health Care Contracts, Ben A. Neiburger

Marquette Elder's Advisor

Seniors may receive care for which they pay the provider without realizing the tax implications if they are deemed the employer of the provider. Neiburger discusses the sometimes confusing differences between and independent contractor and an employee, and the various taxes and penalties, both federal and state (Illinois as an example) for which employers are responsible.

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The Economic Growth And Tax Relief Reconciliation Act Of 2001 And Its Effect On Estate Planning, Jennifer Jedrzejewski Aug 2012

The Economic Growth And Tax Relief Reconciliation Act Of 2001 And Its Effect On Estate Planning, Jennifer Jedrzejewski

Marquette Elder's Advisor

Because of the sunset provision of EGTRRA, estate planning through 2010 and beyond has become even more complicated. EGTRRA phases down the maximum estate, gift, and generation skipping rate of tax at intervals. Applicable state tax rates have in many states been modified to adjust for the EGTRRA effect. This article discusses the use of AB and Qualified Terminable Interest Property trusts using several hypothetical situations.

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Introduction To Medicare For People With Multiple Sclerosis, Judith Stein Aug 2012

Introduction To Medicare For People With Multiple Sclerosis, Judith Stein

Marquette Elder's Advisor

Stein explains what criteria are necessary for Medicare parts A, B, C, and D coverage, and why eligible recipients with Multiple Sclerosis are often erroneously denied coverage. Recent changes in applicable Medicare regulations are explored, as are some of the differences between Medicare and Medicaid. Various ways attorneys can help their clients through the application maze are discussed.

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Disabled Adult Children, Thomas E. Bush Aug 2012

Disabled Adult Children, Thomas E. Bush

Marquette Elder's Advisor

This article discusses under what circumstances a disabled adult child can collect Social Security benefits, the applicable Social Security regulations, the complex rules for re-entitlement, and the relationship between Medicare and Medicaid benefits. Bush gives advice on how an attorney can navigate this system. A lengthy chart summarizes standards and requirements, and gives citations for a variety of relationships.

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Court Approval Of Medicaid Spend-Down Planning By Guardians, Linda S. Ershow-Levenberg Aug 2012

Court Approval Of Medicaid Spend-Down Planning By Guardians, Linda S. Ershow-Levenberg

Marquette Elder's Advisor

This article discusses In re Keri, which was decided by the New Jersey Supreme Court in 2004. The topics explored include that a P.O.A. in itself may not be sufficient to allow gifting; a guardianship may be required. The difference between gifting for retirement planning or enhancing Medicaid eligibility is discussed, as well as court cases from several jurisdictions.

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Treated With Respect: Enforcing Patient Autonomy By Defending Advance Directives, Carol J. Wessels Aug 2012

Treated With Respect: Enforcing Patient Autonomy By Defending Advance Directives, Carol J. Wessels

Marquette Elder's Advisor

Wessels discusses the right of competent individuals to direct their own health care and the obstacles encountered in enforcing these rights under a power of attorney for health care or an advance directive. The rights to make such decisions are explored, as well as the barriers to enforcement, both statutory and provider related. Several causes of action against non-compliant actors are discussed.

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Table Of Contents Aug 2012

Table Of Contents

Marquette Elder's Advisor

No abstract provided.

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Childhood Obesity, Baby Boomers And The Echo Boom, Elizabeth Conradson Cleary Aug 2012

Childhood Obesity, Baby Boomers And The Echo Boom, Elizabeth Conradson Cleary

Marquette Elder's Advisor

This insightful article joins the problems of increasing childhood obesity with the increase projected in senior citizens of the echo boom generation, and goes on to posit an increased burden on the then sandwich generation. Cleary discusses the increased future need for caregivers, recognizes the role and value of adult children caregivers (especially women), and suggests approaches to address the situation.

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Essay: The Re-Tooling And Re-Telling Of The Social Security, Medicare, And Medicaid Programs: Will We Retain The Sixty-Year-Old Values Of A "National Community" Or Begin With A "Clean Slate?", Stephanie Sue Stein Aug 2012

Essay: The Re-Tooling And Re-Telling Of The Social Security, Medicare, And Medicaid Programs: Will We Retain The Sixty-Year-Old Values Of A "National Community" Or Begin With A "Clean Slate?", Stephanie Sue Stein

Marquette Elder's Advisor

This essay focuses on the change taking place in America's attitude towards major social programs that benefit the elderly. Stein suggests that reforming these programs reverses the concept of the national community providing for the needs of the elderly to letting people decide how best to provide for themselves in retirement, to the detriment of many of our most needy and vulnerable elderly.

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Denial And Codependence In Domestic Violence By Adult Children On Their Elderly Parents , Preston Mighdoll Aug 2012

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.

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From The Margins To Pacesetting: The Place Of The Elderly In U.S. Legal History From A Historian's Perspective, W. Andrew Achenbaum Aug 2012

From The Margins To Pacesetting: The Place Of The Elderly In U.S. Legal History From A Historian's Perspective, W. Andrew Achenbaum

Marquette Elder's Advisor

Prior to the Civil War, the small percentage of Americans who were elderly lived on the margins of society. Uncared-for poor elderly persons could be placed in poor-houses. Achenbaum discusses the evolution, through veteran's benefits, Social Security, corporate and union pension plans, and Medicare to a society where the care and well-being of the elderly are among the most important legal issues of the day.

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Guardianship Actions Against Individuals Who Have Selected An Agent As Power Of Attorney: When Should The Court Say "No?", Linda S. Ershow-Levenberg Aug 2012

Guardianship Actions Against Individuals Who Have Selected An Agent As Power Of Attorney: When Should The Court Say "No?", Linda S. Ershow-Levenberg

Marquette Elder's Advisor

This article discusses the need for guardianship for presumably incapacitated individuals who already have designated someone to have their power of attorney or to be their healthcare representative. Noting that the privacy and liberty of an individual will be affected by appointing a guardian, the author proposes that guardians not be unnecessarily appointed when currently in-place representatives already fulfill needed services.

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Social Values And Older Persons: The Role Of The Law, Marshall B. Knapp Aug 2012

Social Values And Older Persons: The Role Of The Law, Marshall B. Knapp

Marquette Elder's Advisor

Kapp discusses the relationship of law to social values, and how laws can permit, require, or restrain certain activities. Further discussion involves how laws, such as the Age Discrimination Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the Fair Housing Act impact the elderly, and then asks whether the law alone is enough to protect the elderly.

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Reconciling Definitions Of "Disability:" Six Years Later, Has Cleveland V. Policy Management Systems Lived Up To Its Initial Reviews As A Boost For Workers' Rights?, Daniel Korhman, Kimberly Berg Aug 2012

Reconciling Definitions Of "Disability:" Six Years Later, Has Cleveland V. Policy Management Systems Lived Up To Its Initial Reviews As A Boost For Workers' Rights?, Daniel Korhman, Kimberly Berg

Marquette Elder's Advisor

This extensive article identifies many of the difficulties in bringing an action under the Americans with Disabilities Act (ADA) while receiving SSDI benefits. The conflicts of claiming disabilities while also claiming the ability to work with accommodations are explored. The decision in Cleveland v. Policy Management Systems was supposed to set guidelines for evaluation these situations, but interpretation of these guidelines still varies

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Protecting The Gold In The Golden Years: Practical Guidance For Professionals On Financial Exploitation, Julie A. Lemke, Seymour Moskowitz Aug 2012

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.

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Table Of Contents Aug 2012

Table Of Contents

Marquette Elder's Advisor

No abstract provided.

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Book Review: The Law And The Older Persons: Is Geriatric Jurisprudence Therapeutic?, Jennifer Jedrzejewski Aug 2012

Book Review: The Law And The Older Persons: Is Geriatric Jurisprudence Therapeutic?, Jennifer Jedrzejewski

Marquette Elder's Advisor

Marshall Kapp discusses Therapeutic Jurisprudence, the study of law's healing potential and the actual impact of laws. He states that laws designed to help the elderly often focus on enforcement rather than assisting beneficiaries. Kapp suggests that TJ inquiries should include the effects on seniors, including discussions about regulatory control, increased costs, guardianship, long-term care, mental health, and research projects involving the elderly.

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Have State Judiciaries Become Legislatures When Grandma Comes To Court?: State Court Decisions In The Post-Troxel Era, Paula A. Lorfeld Aug 2012

Have State Judiciaries Become Legislatures When Grandma Comes To Court?: State Court Decisions In The Post-Troxel Era, Paula A. Lorfeld

Marquette Elder's Advisor

Although Troxel v. Granville mandated presumptive consideration of parents' rights in non-parent visitation statutes, states have interpreted Troxel in different ways. Lorfeld cites cases in several states. Some states have ruled non-complying statutes unconstitutional, while other states have ruled such statutes to be constitutional if they are applied with a presumption of unstated parents' rights. Are these courts usurping legislative functions?

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Protective Assistance For Elders: Maine Experience And Comparisons, Alison Barnes Aug 2012

Protective Assistance For Elders: Maine Experience And Comparisons, Alison Barnes

Marquette Elder's Advisor

This thoughtful analysis of Maine's Adult Protective Services for the elderly encompasses statutes involved, services provided, those who can be served, required reporting, emergency interventions, and possible sources of funding. Methods for preventing abuse and exploitation are examined. Barnes discusses legal remedies concerning misappropriated funds as well as civil and criminal actions against abusers. The reasons for self neglect and refusal of care are also explored.

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Essay: Housing Trends For The 21st Century, Ellen Hirsch De Haan Aug 2012

Essay: Housing Trends For The 21st Century, Ellen Hirsch De Haan

Marquette Elder's Advisor

This essay describes the changes in housing availability over the last two centuries and offers projections of what this century might bring, and how possible changes will affect the elderly. Discussion includes condominiums, cooperatives, and planned communities, and how these types of ownership can relate to retirees. The return to higher density housing along with mixed land usage is discussed in detail.

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Using Family Limited Partnerships For Estate Planning, Milton Childs Aug 2012

Using Family Limited Partnerships For Estate Planning, Milton Childs

Marquette Elder's Advisor

By using a family limited partnership, parents can keep control of a family enterprise while providing limited ownership rights to their children. Estate planners can use this device to protect assets and reduce income taxes. Childs suggests and explains different methods of reducing or eliminating estate taxes, discussing the need to differentiate between safe and dangerous assets.

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Dealing With Hipaa: Powers Of Attorney, Record Releases, Court Orders, And Subpoenas, Thomas J. Murphy Aug 2012

Dealing With Hipaa: Powers Of Attorney, Record Releases, Court Orders, And Subpoenas, Thomas J. Murphy

Marquette Elder's Advisor

Although the Health Insurance Portability and Accounting Act (HIPAA) enhanced the privacy of individual's health records, the Act reduced the accessibility of medical information to caring loved ones. Murphy gives thoughtful advice on counseling clients about health care powers of attorney, record releases, springing powers of attorney, stand alone medical record releases, and the special status of psychotherapy notes.

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Serving Our Elders- Advocates And Adversaries, Stephanie Sue Stein Aug 2012

Serving Our Elders- Advocates And Adversaries, Stephanie Sue Stein

Marquette Elder's Advisor

While the Older Americans Act creates a remarkable structure under which various advocates can work together for the benefit of the elderly, situations can arise in which different viewpoints or interpretations of law can pit advocates against each other. Three case study examples are given. Stein acknowledges that different perspectives are inevitable and recommends working together instead of letting disputes escalate.

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The Disjunction Between Prevention And Compensation Of Hip Fractures Among Elderly Citizens: The Law's Role In Creating Ex Ante Incentives, Janis Sarra Aug 2012

The Disjunction Between Prevention And Compensation Of Hip Fractures Among Elderly Citizens: The Law's Role In Creating Ex Ante Incentives, Janis Sarra

Marquette Elder's Advisor

This article examines the relationship between the compensation for and the prevention of hip fractures among the growing population of seniors in Canada. Sarra postulates that the current system expends funds on liability protection that would be better spent on prevention. Options explored are no-fault compensation, redirecting legal resources, negotiated risk, and adjust[ing] the tax base to ensure that there are sufficient resources to support elderly individuals.

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Table Of Contents Aug 2012

Table Of Contents

Marquette Elder's Advisor

No abstract provided.

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Using The Web For Free Legal Research: A Comparison Of Findlaw, Lexisone, And The Legal Information Institute Websites, Kathryn Hensiak Aug 2012

Using The Web For Free Legal Research: A Comparison Of Findlaw, Lexisone, And The Legal Information Institute Websites, Kathryn Hensiak

Marquette Elder's Advisor

Free legal research can be conducted on these three websites. While these sites do not research as far back as Westlaw and LexisNexis, all provide links to federal and state case law, but each has some advantages and disadvantages which are discussed in detail. LesixONE has the option to jump to LexisNexis (with a credit card) for further detail.

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Veteran's "Pension": Non-Service Connected Veteran's Benefits For The Elderly And Disabled, Alice Reiter Feld Aug 2012

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.

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Prosecuting Crimes Against The Elderly While Addressing The Victim's Loss Of Autonomy, Preston Mighdoll Aug 2012

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.

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