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Elder Law Commons™

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Articles 871 - 900 of 1207

Full-Text Articles in Elder Law

Ptsd And Its Effects On Elderly, Minority, And Female Veterans Of All Wars, Craig M. Kabatchnick Aug 2012

Ptsd And Its Effects On Elderly, Minority, And Female Veterans Of All Wars, Craig M. Kabatchnick

Marquette Elder's Advisor

This article focuses solely on post-traumatic stress disorder (PTSD) in those soldiers who experienced combat during Korea, Vietnam, Afghanistan, and Iraq. Alarmingly, these veterans are aging without the proper care for PTSD. This article highlights the effects that PTSD has on aging veterans while offering solutions to promulgate a proper care facility for PTSD patients. There is also a focus on veterans who are unable to receive special care and ultimately commit a crime because of their PTSD. As a result, the concluding portion of this article focuses on those veterans who could possibly use PTSD as a viable legal …

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The Normative Influence Of The Fifth Commandment On Filial Responsibility, Charlotte K. Goldberg Aug 2012

The Normative Influence Of The Fifth Commandment On Filial Responsibility, Charlotte K. Goldberg

Marquette Elder's Advisor

Goldberg's article looks at the Fifth Commandment's obligation of honoring one's parents as one source of filial responsibility laws. The article's goal is to suggest how concepts from the Jewish Law regarding the Fifth Commandment can add intangible benefit to undertaking the obligation of financial and physical care of an elderly parent.

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A Survey Of The Fifty States' Grandparent Visitation Statutes, Michael K. Goldberg Aug 2012

A Survey Of The Fifty States' Grandparent Visitation Statutes, Michael K. Goldberg

Marquette Elder's Advisor

No abstract provided.

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At The Crossroads Of Age And Disability: Can Practitioners Rely On The Amended Ada And The Adea To Provide Adequate Recourse For The Older Disabled Individual?, Christopher E. Pashler, Brian C. Lambert Aug 2012

At The Crossroads Of Age And Disability: Can Practitioners Rely On The Amended Ada And The Adea To Provide Adequate Recourse For The Older Disabled Individual?, Christopher E. Pashler, Brian C. Lambert

Marquette Elder's Advisor

This article explores the interconnectedness of age and disability in relation to the Americans with Disabilities Act of 1990 (ADA) and the Age Discrimination in Employment Act (ADEA). The purpose of the article is to explore the impact of recent ADEA litigation and the ADAAA on practitioners who are considering pleading either an ADEA claim or an ADA claim relating to age and disability.

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Table Of Contents Aug 2012

Table Of Contents

Marquette Elder's Advisor

No abstract provided.

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The Role Of Private Responsibility In Closing The Gap Between Knowledge And Practice In Long-Term Care, Marshall B. Kapp Aug 2012

The Role Of Private Responsibility In Closing The Gap Between Knowledge And Practice In Long-Term Care, Marshall B. Kapp

Marquette Elder's Advisor

Kapp discusses the expanding need for long-term care services by looking at the goal put forward by aging policy analyst Dr. Larry Polivak of closing the gap between knowledge and practice in the United States long-term care financing and delivery system. The article first discusses points of agreement between Kapp and Polivak's viewpoints. Kapp then discusses how their viewpoints diverge and puts forth his own policy views about public versus private responsibility as it applies to long-term care.

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Elder Investments: A Critique Of Professional And Consumer Mediocrity, Errold F. Moody Jr. Aug 2012

Elder Investments: A Critique Of Professional And Consumer Mediocrity, Errold F. Moody Jr.

Marquette Elder's Advisor

This article deals with the investing problems faced by many elderly today. Moody asserts that investor problems are primarily caused by a lack of knowledge in all levels of American financing, investing, and retirement planning. The article examines recent systemic failures that demonstrate how lack of knowledge continues to promote system failure, despite its grievous impact on the elderly who rely on their investments for income when they can no longer work.

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Closing The Gap Between Knowledge And Practice In The U.S. Long-Term Care System, Larry Polivka Aug 2012

Closing The Gap Between Knowledge And Practice In The U.S. Long-Term Care System, Larry Polivka

Marquette Elder's Advisor

The push for Medicaid reform is evident in the Deficit Reduction Act (DRA), which was crafted, in part, as a response to state-level dissatisfaction with existing waiver options. The DRA spells significant changes for Medicaid, as it institutes deep revisions of some of the program's core elements. The most significant components of the DRA's reforms include the expansion of state options and the simplification of the option approval process. This article examines the newly available options that will most notably affect Medicaid services to the elderly, especially long-term care, and it summarizes program revisions under consideration or active development.

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Making Better Long-Term Care Decisions, Robert L. Kane Md Aug 2012

Making Better Long-Term Care Decisions, Robert L. Kane Md

Marquette Elder's Advisor

No abstract provided.

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Negotiating For Resident-Centered Care, Eric M. Carlson Aug 2012

Negotiating For Resident-Centered Care, Eric M. Carlson

Marquette Elder's Advisor

This article examines how lack of consumer knowledge contributes to the current disparities in residential care. Carlson explains how consumers can negotiate for better service and get their care tailored to their specific needs through managing interactions with the healthcare professionals and facility staff. The article also acknowledges that there is currently a gradual change occurring in residential care.

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Failing To Care: How Effective Compliance Prevents Institutional Elder Neglect, David R. Hoffman Aug 2012

Failing To Care: How Effective Compliance Prevents Institutional Elder Neglect, David R. Hoffman

Marquette Elder's Advisor

Hoffman discusses how criminal and civil action by way of state criminal statutes and the False Claims Act should be utilized against institutions that receive governmental funding to motivate them to provide residents with adequate services. The article outlines how elder care institutions can provide effective care for their residents through appropriate employment screening and on-boarding, reporting and monitoring and thorough investigative procedures

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From The Editor: Introduction To The Kindness Of Strangers, Alison Barnes Aug 2012

From The Editor: Introduction To The Kindness Of Strangers, Alison Barnes

Marquette Elder's Advisor

No abstract provided.

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Table Of Contents Aug 2012

Table Of Contents

Marquette Elder's Advisor

No abstract provided.

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"Death With Dignity": A Recipe For Elder Abuse And Homicide (Albeit Not By Name), Margaret K. Dore Aug 2012

"Death With Dignity": A Recipe For Elder Abuse And Homicide (Albeit Not By Name), Margaret K. Dore

Marquette Elder's Advisor

Death with Dignity Acts in Oregon and Washington authorize physicians to write life-ending prescriptions for their patients. This article addresses various problems with the Acts, including the wording about who may administer the lethal drug and the fact that both Acts lack a consent requirement when the lethal dose is administered. This article also addresses counter arguments offered by proponents of the Acts.

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International Rights Of Older Persons: What Difference Would A New Convention Make To Lives Of Older People?, Israel Doron, Itai Apter Aug 2012

International Rights Of Older Persons: What Difference Would A New Convention Make To Lives Of Older People?, Israel Doron, Itai Apter

Marquette Elder's Advisor

This article tries to answer the following question: What difference, if any, would a new convention on the rights of older persons make to the lives of older people in light of the previous experiences with the Convention on the Eliminations of All Forms of Discrimination Against Women (CEDAW) and the Convention on the Rights of the Child (CRC)? In order to answer this question, the authors focus on the existing legal literature on international human rights law, with a particular focus on international human rights treaties. To better understand international human rights treaties, the article also discusses the CRC …

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Power Of Attorney: Convenient Contract Or Dangerous Document?, Catherine Seal Aug 2012

Power Of Attorney: Convenient Contract Or Dangerous Document?, Catherine Seal

Marquette Elder's Advisor

This article addresses the durable general power of attorney, tracing its evolution from general principles of agency law to the new Uniform Power of Attorney Act. The author also discusses the utility of the power of attorney as a tool to assist a senior who wishes to avail themselves of the services of an agent. From this perspective, the author addresses fiduciary duty and fiduciary liability, common problems with the power of attorney, and proposed methods of dealing with such problems.

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International Human Rights And The Elderly, Jaclynn M. Miller Aug 2012

International Human Rights And The Elderly, Jaclynn M. Miller

Marquette Elder's Advisor

This article argues that despite the international instruments that make reference to the rights of the elderly, steps still need to be taken to ensure that both laws and enforcement policies are being created internationally and nationally to protect the elderly, especially those who need institutionalized care. For this to occur, better enforcement mechanisms must be created, primarily an international treaty specifically designed to protect the rights of the elderly. In the course of this argument, the article discusses the definition of old age, the existing international legal framework for the protection of the elderly, and examples of elder abuse. …

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Policy And Custodial Grandparents, Carole B. Cox Aug 2012

Policy And Custodial Grandparents, Carole B. Cox

Marquette Elder's Advisor

In recent years there has been a rapid increase in a new type of American family, one in which grandparents have become the sole custodians of their grandchildren, raising them without any parent present. Government, through its policies, can play a major role in addressing the challenges that custodial grandparents face. This article discusses many of the key policies that impact the lives of custodial grandparents.

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"Gray Touch": Professional Issues In The Uncertain Zone Between "Good Touch" And "Bad Touch", Joseph L. Daly, Michael S. Maza, Colleen M. Daly Aug 2012

"Gray Touch": Professional Issues In The Uncertain Zone Between "Good Touch" And "Bad Touch", Joseph L. Daly, Michael S. Maza, Colleen M. Daly

Marquette Elder's Advisor

This article explores “good touch,” “bad touch,” and the uncertain area of “gray touch.” First, this article examines the concept of “good touch.” Then, this article moves to the concept of “bad touch” and examines the role of the law in regulating touch. Finally, this article introduces the concept of “gray touch” and explores ways for professionals to approach the often misunderstood and troublesome issue of “touch” in our current murky and litigious environment.

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Table Of Contents Aug 2012

Table Of Contents

Marquette Elder's Advisor

No abstract provided.

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New Standards For The Involuntary Commitment Of The Mentally Ill: "Danger" Redefined, Elizabeth A. Mcguan Aug 2012

New Standards For The Involuntary Commitment Of The Mentally Ill: "Danger" Redefined, Elizabeth A. Mcguan

Marquette Elder's Advisor

McGuan's article examines the way legislatures have amended their involuntary commitment statutes to allow for the more aggressive commitment of the mentally ill. The article discusses whether the definition of dangerous conduct in an Illinois amendment deprives a mentally ill person of a fundamental liberty interest guaranteed by the Constitution. The article begins with an overview of mental health law in the United States since World War II, followed by an analysis of the constitutionality of the Illinois amendment.

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Life, Liberty, And The Pursuit Of Death Of The Inconvenient Other , Jonathan Penn Aug 2012

Life, Liberty, And The Pursuit Of Death Of The Inconvenient Other , Jonathan Penn

Marquette Elder's Advisor

This article looks at end-of-life issues, focusing on physician-assisted suicide, whether the United States government's numerous responsibilities created by the Older Americans Act and other similar acts, such as the government's financial limitations, and a growing elderly population will lead to a deterioration of society's view of elders and a legitimization and acceptance of assisted suicide.

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Bringing Age Discrimination And Disability Discrimination Together: Too Few Intersections, Too Many Interstices, Leslie Pickering Francis, Anita Silvers Aug 2012

Bringing Age Discrimination And Disability Discrimination Together: Too Few Intersections, Too Many Interstices, Leslie Pickering Francis, Anita Silvers

Marquette Elder's Advisor

Old age and disability would seem to have adverse features in common. Membership in either group suggests depleted capability, decreased social contribution, significant fragility, and heightened susceptibility to maltreatment by other people. Yet some have argued that no wrong occurs when advanced age is made disadvantageous, for the elderly have had a fair chance at the goods of life. By contract, this argument goes, there is never a fair chance for people with disabilities. This article challenges the view that takes discrimination based on disability and discrimination based on age as so discrepant that they do not deserve similar efforts …

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The Elderly With A Disability: Social Security And Representative Payment, Michael J. Churgin Aug 2012

The Elderly With A Disability: Social Security And Representative Payment, Michael J. Churgin

Marquette Elder's Advisor

This article looks at the elderly with disability and how the intersection of social security.

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Old Lawyers, Blue Eyes, And The Medicalization Of Aging, Michael J. Myers Aug 2012

Old Lawyers, Blue Eyes, And The Medicalization Of Aging, Michael J. Myers

Marquette Elder's Advisor

The article examines the "medicalization" of the aging process and the pitfalls of the increased medical care and myths about what constitutes "healthy" later in life. Financial reward and fear of death drive the increasing amount and extensiveness of care for chronic disease encountered in older adults, sometimes to an unnecessary end. The author puts forth the theory that older adults are now part of a weakened generation, rooted in a refusal to "suffer their reality" and ignore the fact that aging is not a disease, that is, not until it is placed under a doctor's care.

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The Tbi Impact: The Truth About Traumatic Brain Injuries And Their Indeterminate Effects On Elderly, Minority, And Female Veterans Of All Wars, Craig M. Kabatchnick Aug 2012

The Tbi Impact: The Truth About Traumatic Brain Injuries And Their Indeterminate Effects On Elderly, Minority, And Female Veterans Of All Wars, Craig M. Kabatchnick

Marquette Elder's Advisor

Traumatic Brain Injury (TBI) is the signature injury of Operation Enduring Freedom (OEF) and Operation Iraq Freedom (OIF). This article examines the reasons for increased TBI injuries, calculates the costs associated with those injuries, and evaluates TBI at the Department of Veterans Affairs. This article discusses the current diagnosis challenges, and addresses the subsequent impact of TBI on special populations including military veterans, racial minorities, women, and the elderly.

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Disability And Aging: Historical And Contemporary Challenges, William N. Myhill, Peter Blanck Aug 2012

Disability And Aging: Historical And Contemporary Challenges, William N. Myhill, Peter Blanck

Marquette Elder's Advisor

This article discusses the challenges that elderly with disabilities face in the work place. The article explores the theme historically and today as they impact qualify of life for persons with and aging into disability.

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Age Discrimination In The Delivery Of Health Care Services To Our Elders, Phoebe Weaver Williams Aug 2012

Age Discrimination In The Delivery Of Health Care Services To Our Elders, Phoebe Weaver Williams

Marquette Elder's Advisor

This article examaines age discrimination by health care providers. The author provides suggestions and recommendations to remedy this type of discrimination

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Table Of Contents Aug 2012

Table Of Contents

Marquette Elder's Advisor

No abstract provided.

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Unsung Survivors: Va Advocacy For The Spouses, Widows, And Children Of Elderly Veterans, Craig M. Kabatchnick, Jonathan B. Kelly Aug 2012

Unsung Survivors: Va Advocacy For The Spouses, Widows, And Children Of Elderly Veterans, Craig M. Kabatchnick, Jonathan B. Kelly

Marquette Elder's Advisor

No abstract provided.

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