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Articles 811 - 840 of 1207

Full-Text Articles in Elder Law

Book Review: Elder Mistreatment: Abuse, Neglect, And Exploitation In An Aging America, Marshall B. Kapp Aug 2012

Book Review: Elder Mistreatment: Abuse, Neglect, And Exploitation In An Aging America, Marshall B. Kapp

Marquette Elder's Advisor

While congress considers (and passes) legislation to fight elder mistreatment, most legal action occurs at the state level through state Adult Protection Service laws, often imposing criminal liability on elder mistreatment. Mandatory or voluntary reporting laws apply in many states. The National Research Council Report recommends enhanced research on the effectiveness of various interventions, and recommends that researchers be exempt from reporting requirements.

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Responding To Domestic Abuse In Later Life, Bonnie Brandl, Julie Rozwadowski Aug 2012

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.

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Elder Abuse: Indicators And Examples, Susan Beerman Aug 2012

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.

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Essay- Passing It On: The Inheritance, Ownership And Use Of Summer Houses, Ken Huggins Aug 2012

Essay- Passing It On: The Inheritance, Ownership And Use Of Summer Houses, Ken Huggins

Marquette Elder's Advisor

This essay discusses the many problems encountered when a summer vacation home is passed along to the next generations, such as assigning time slots and sharing responsibilities among various generations. Ways to make such situations work are explored. The suggested option is a formal operating agreement. Developing such an agreement and a comprehensive list of what might be included are discussed.

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Basis In Inheritance After Egtrra, Sharon Kovacs Gruer Aug 2012

Basis In Inheritance After Egtrra, Sharon Kovacs Gruer

Marquette Elder's Advisor

This final section elaborates on establishing carryover basis in situations involving inheritances, focusing on changes established under EGTRRA (the Economic Growth and Tax Relief Reconciliation Act of 2001). Included are discussions of operating loss carryover, unused built-in losses, qualified spousal property, and property transferred prior to or after death. Marital planning, including QTIP trusts and allocation of basis issues, are explored.

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Carryover Basis For Gifts & Joint Tenancies, Nell Graham Sale Aug 2012

Carryover Basis For Gifts & Joint Tenancies, Nell Graham Sale

Marquette Elder's Advisor

This section discusses how carryover basis is established and adjusted when property, including real property and financial instruments, is gifted (including gift tax adjustments). Implications of revocable and irrevocable trusts are explored, and issues involving the use of joint tenancy, especially those that might apply to today's elderly, are examined.

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Calculating And Adjusting Basis, Bradley J. Frigon Aug 2012

Calculating And Adjusting Basis, Bradley J. Frigon

Marquette Elder's Advisor

This section illustrates the various ways property may be acquired, and how the resulting basis may be established. Included are discussions of cost basis, exchange basis, exchange for service basis, and how basis may be adjusted, as well as the effects of improvements, depreciation, and allocation. Special rules for stocks, mutual funds, and home offices are explained. Rules for establishing basis at disposition are also included.

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Life Care Agreements: A Contractual Jekyll And Hyde?, Donna S. Harkness Aug 2012

Life Care Agreements: A Contractual Jekyll And Hyde?, Donna S. Harkness

Marquette Elder's Advisor

Many seniors who plan to surrender title to their home, often their only major asset, in exchange for the promise of life-long care often fail to seriously consider possible pitfalls and take the necessary steps to prevent them, being overly trustful of close family members or friends. Several options are suggested, along with ways to make such a transaction more equitable to all parties.

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Guardianship As A Cultural System: Reflections On The Illinois Guardianship Reform Project, Morris A. Fred Aug 2012

Guardianship As A Cultural System: Reflections On The Illinois Guardianship Reform Project, Morris A. Fred

Marquette Elder's Advisor

This article discusses the reasons for and the problems encountered in setting up the Illinois Guardianship Reform Project. Investigative newspaper articles detailing widespread abuses aroused public demand for reforms. Fred postulates that a change in attitudes and behaviors in regard to the disabled and aging is necessary to balance the widely differing points of view of the various care-givers and court systems in order to both protect the rights of self-determination and provide necessary care

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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: Disentitlement? The Threats Facing Our Public Health Care Programs And A Rights-Based Response, Elizabeth A. Conradson Cleary Aug 2012

Book Review: Disentitlement? The Threats Facing Our Public Health Care Programs And A Rights-Based Response, Elizabeth A. Conradson Cleary

Marquette Elder's Advisor

Timothy Jost suggests that, based on the uniqueness of health care, an entitlement-based health-care system would be more efficient than the current market-based system. He explores the increase in entitlements in the current system, and the threats faced due to current political trends. The entitlement to health care in other countries is discussed. Jost postulates that universal access to health care will require legal entitlements.

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Counseling Clients About Long-Term Care Expense: What Are The Alternatives?, Richard W. Knueppel Aug 2012

Counseling Clients About Long-Term Care Expense: What Are The Alternatives?, Richard W. Knueppel

Marquette Elder's Advisor

Although many Americans have purchased insurance for long-term care, other options may be available. This article explores nursing home costs, sources of payment, and insurance coverage available. Other options which might be investigated include Health Savings Accounts, Veteran's Administration benefits, adding a long-term care rider to an existing policy, selling a currently held life insurance policy, and a reverse mortgage on a home.

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Grandparent Kinship Caregivers, Anna Leonard Aug 2012

Grandparent Kinship Caregivers, Anna Leonard

Marquette Elder's Advisor

With more children having grandparents as their primary caregivers, the informal nature of this relationship in the past is being transformed into a more formalized structure as public financial aid is needed by either the children or their grandparents or both. Leonard explores the difficulties grandparents encounter and the financial ramifications and legal options, including kinship foster care, which must be considered.

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Driving And Dementia: A Physician's Perspective, Megan C. Harney, Piero G. Antuono Aug 2012

Driving And Dementia: A Physician's Perspective, Megan C. Harney, Piero G. Antuono

Marquette Elder's Advisor

As one-tenth of adults over sixty-five and one-half of adults over eighty-five are diagnosed with Alzheimer's disease, the need to address the driving ability of such individuals grows as life expectancy increases. Different diagnoses of dementia are discussed, as are various tests which may help determine driving capability. Physicians and family members are urged to recommend re-testing when appropriate.

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Older Adults And Addiction: Why We Should Care, Carol Colleran Aug 2012

Older Adults And Addiction: Why We Should Care, Carol Colleran

Marquette Elder's Advisor

Colleran explains some of the causes of alcohol and medication dependence in older adults, such as voluntary or involuntary retirement, death of a loved one, a change of residence, or health problems such as pain or insomnia. Warning signs are detailed, and suggestions for approaching seniors with these problems, including intervention, are given. A list of additional resources is included.

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The Secondary Market For Life Insurance Policies: Uncovering Life Insurance's "Hidden" Value, Neil A. Doherty, Brian A. O'Dea, Hal J. Singer Aug 2012

The Secondary Market For Life Insurance Policies: Uncovering Life Insurance's "Hidden" Value, Neil A. Doherty, Brian A. O'Dea, Hal J. Singer

Marquette Elder's Advisor

Increasingly common usage of the secondary market for life insurance policies is discussed in this article which explains the secondary market and describes the benefits of viatical and life settlement firms as well as accelerated death benefits. Changing regulations of the secondary market and suggested ways for counselors to assist clients in specific circumstances are included.

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Elder Law And Estate Planning For Gay And Lesbian Individuals And Couples, Ralph Randazzo Aug 2012

Elder Law And Estate Planning For Gay And Lesbian Individuals And Couples, Ralph Randazzo

Marquette Elder's Advisor

This comprehensive article discusses the unique problems in estate planning encountered by gays and lesbians. Among the items explored are joint representation, advance directives, guardianship, long-term care planning and insurance, Medicare and Medicaid planning, nursing home care, exempt transfers, wills, revocable trusts, gift taxation, and the unique problems encountered which counselors must consider when representing gay and lesbian clients.

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Grandparents' Visitation Rights: A Survey Of Reciprocal Kinship-Ties Based In Historical Common Law And Legislative Policies, Jane E. Atkinson Aug 2012

Grandparents' Visitation Rights: A Survey Of Reciprocal Kinship-Ties Based In Historical Common Law And Legislative Policies, Jane E. Atkinson

Marquette Elder's Advisor

This article presents an in-depth exploration of the view that family ties and relationships should play an important role in determining grandparent-grandchild visitation rights, based on the important role of the extended family throughout recorded history. Atkinson postulates that post-Troxel visitation decisions should include increased consideration of the value to the child of grandparent visitation.

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Table Of Contents Aug 2012

Table Of Contents

Marquette Elder's Advisor

No abstract provided.

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Medicare Advantage Private Fee-For-Service Plans: What Privatization Means For Today's Beneficiaries, Melissa M. Ostrowski Aug 2012

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.

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The Legal Status Of Gambling In America's Senior Communities , Marc J. Randazza, Daniel Russell Aug 2012

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.

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Book Review: Final Exam: A Surgeon's Reflection On Mortality By Pauline Chen , Kenney F. Hegland Aug 2012

Book Review: Final Exam: A Surgeon's Reflection On Mortality By Pauline Chen , Kenney F. Hegland

Marquette Elder's Advisor

Chen describes modern-day medical practice as a series of situations where something must be done - doing nothing is not an option, almost in defiance of patients' desires. She describes her journey through medical school (and make some comparisons with law school) and tells how patients become representative cases. She speculates that modern cures may spell the demise of bedside manner.

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Family Harmony: An All Too Frequent Causality Of The Estate Planning Process , Timothy P. O'Sullivan Aug 2012

Family Harmony: An All Too Frequent Causality Of The Estate Planning Process , Timothy P. O'Sullivan

Marquette Elder's Advisor

In this in-depth article O'Sullivan explores reasons for naming a non-family member as fiduciary, while maintaining family input. Bequests involving family businesses or farms are investigated. Also discussed are issues involving loans to children, compensation for parent care, blended families, and the advisability of discussion of will provisions with adult children, especially if bequests are unequal. In all instances, steps to maintain family harmony are urged.

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What's So Special About Medicare Advantage Special Needs Plans? Assessing Medicare Special Needs Plans For "Dual Eligibles", Alissa Halperin, Patricia Nemore, Vicki Gottlich Aug 2012

What's So Special About Medicare Advantage Special Needs Plans? Assessing Medicare Special Needs Plans For "Dual Eligibles", Alissa Halperin, Patricia Nemore, Vicki Gottlich

Marquette Elder's Advisor

In 2003 Medicare Part C became Medicare Advantage, which included provisions for Special Needs Plans (SNP's), which have significant implications for dual eligibles, persons eligible for both Medicare and Medicaid. The authors explore why SNP's are needed, their advantages to beneficiaries if properly set up, why many plans do not meet beneficiaries' needs as well as they might, and draw conclusions for improvement.

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Table Of Contents Aug 2012

Table Of Contents

Marquette Elder's Advisor

No abstract provided.

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Consumer-Driven Long Term Care: Shaping He Government's Role, Marshall B. Kapp Aug 2012

Consumer-Driven Long Term Care: Shaping He Government's Role, Marshall B. Kapp

Marquette Elder's Advisor

This article explores the movement of government and insurance-paid long-term care programs which tend to delineate which services are provided toward a more consumer-driven model. Kapp discusses the necessity of informing consumers of the options available, regulations needed to assure that autonomous consumers have alternative options available, and the criteria needed to assure that clients with inadequate decisional capacity have their interests represented.

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Grandparent Molesting: Sexual Abuse Of Elderly Nursing Home Residents And Its Prevention , Robert A. Hawks Aug 2012

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.

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The Medicare Part D Prescription Drug Benefit: Who Wins And Who Loses? , Enrich Andreas Drotleff Aug 2012

The Medicare Part D Prescription Drug Benefit: Who Wins And Who Loses? , Enrich Andreas Drotleff

Marquette Elder's Advisor

The author examines the new Medicare Part D Program, discusses first the background history which led to its enactment, and then explains how enrollment decisions affect different classes of beneficiaries. The politics involved in the passage of this legislation are explored. Transitioning dual eligibles (those covered by both Medicare and Medicaid) into the new drug program has often resulted in reduced benefits.

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Adult Adoption And The Elder Population , Angela Chaput Foy Aug 2012

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.

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Wal-Mart, Shopko Cart Gathering: A Case For Smith V. City Of Jackson Adea Disparate Impact? , Michael J. Myers Aug 2012

Wal-Mart, Shopko Cart Gathering: A Case For Smith V. City Of Jackson Adea Disparate Impact? , Michael J. Myers

Marquette Elder's Advisor

This article explores the effects on older workers and job applicants caused by proposed and existing policies of big-box retailers to require physical activities in job descriptions for the purpose of lowering health-care costs. The effects of ADEA decisions and the concepts of disparate treatment, disparate impact, and business necessity frame the discussion of how older workers will be affected.

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