Schiavo Revisited? The Struggle For Autonomy At The End Of Life In Italy,
2012
Nova Southeastern University Shepard Broad Law Center
Schiavo Revisited? The Struggle For Autonomy At The End Of Life In Italy, Kathy L. Cerminara, Federico Gustavo Pizzetti, Watcharin H. Photangtham
Marquette Elder's Advisor
No abstract provided.
Table Of Contents,
2012
Marquette University Law School
Book Review: Senior Living Communities,
2012
Marquette University Law School
Book Review: Senior Living Communities, Jane Mulcahy
Marquette Elder's Advisor
This book is written to assist an attorney acting as counsel to a senior living community and offers guidelines and checklists. Financial aspects including liability are considered, as are resident services and marketing. It could also serve as a resource for an attorney considering options for a client.
Book Review: Aging In The Law: An Interdisciplinary Reader ,
2012
Marquette University Law School
Book Review: Aging In The Law: An Interdisciplinary Reader , Jane Mulcahy
Marquette Elder's Advisor
This book provides a comprehensive foundation of the underlying social, economic, political, and legal aspects of some of the issues facing senior citizens. Articles and essays touch on the areas of healthcare, mental capacity, pensions, Social Security reform, elder abuse, long-term care, and legal representation.
The Adea, Your Partner, And You,
2012
Marquette University Law School
The Adea, Your Partner, And You
Marquette Elder's Advisor
The Age Discrimination in Employment Act (ADEA) applies to lawyers and law firms, and older lawyers may have a cause for action after termination. This column highlights the pitfalls a law firm faces in terminating older lawyers, or lawyers who are physically or mentally impaired.
The Future Of Medicare: Preserving A Structurally Sound Program For Tomorrow,
2012
Marquette University Law School
The Future Of Medicare: Preserving A Structurally Sound Program For Tomorrow, Alfred J. Chiplin Jr., Brian W. Lindberg
Marquette Elder's Advisor
This column is an annotated form of a position paper suggesting ways that the Medicare program may be successfully continued into the twenty-first century. Issues discussed are the basic principles to be observed, current concerns and cautions, and concepts for be explored which need further study.
The Alternatives To Guardianship,
2012
Marquette University Law School
The Alternatives To Guardianship, Andrew P. Brusky
Marquette Elder's Advisor
As guardianship diminished a person's legal rights, alternatives might be considered. This column discusses powers of attorney, living wills, joint and dual signature bank accounts, direct deposit plans, revocable living trusts, and conservatorship.
Legal Research Tools: In Search Of The Best Format,
2012
Marquette University Law School
Legal Research Tools: In Search Of The Best Format, Robin C. Schard
Marquette Elder's Advisor
As newer technologies are available for legal research, deciding which research aid will be most effective has grown more complex. Items to consider are cost, updating, mechanical requirements, and finding aids. Schard suggests testing a new system before making a final commitment.
Cognition: The Basis For Competency,
2012
Mayo Medical School
Cognition: The Basis For Competency, Richard E. Finlayson
Marquette Elder's Advisor
This column investigates different levels and types of cognitive impairment in later life and explains causes and reversibility/irreversibility of different types of dementia, and whether clinical conditions are likely to be recognized by the law as indications of competence.
Naming A Trust As The Beneficiary Of A Qualified Retirement Plan Or Ira,
2012
Marquette University Law School
Naming A Trust As The Beneficiary Of A Qualified Retirement Plan Or Ira, Barbara Freedman Wand
Marquette Elder's Advisor
In this column Wand explores the advantages and disadvantages of naming a trust as a retirement plan beneficiary. Reasons such as investment management, spendthrift concerns, and second marriages are discussed, as well as the possible loss of tax advantages that might occur. Particular strategies for overcoming obstacles and fulfilling a multitude of requirements are explored.
An Ethics Problem Involving Financial Abuse,
2012
Marquette University Law School
An Ethics Problem Involving Financial Abuse, Michael K. Mcchrystal
Marquette Elder's Advisor
This column, which analyzes a particular guardianship situation, illustrates the legal pitfalls created when an attorney, at the outset of establishing a guardianship, does not identify who is the client. When an adult child consults an attorney to establish a guardianship for an elderly parent, what obligations, both positive and negative, are imposed on the attorney to prevent harm to a former client.
Use Joint Tenancy Only With Extreme Caution,
2012
Marquette University Law School
Use Joint Tenancy Only With Extreme Caution, Sandra Sickler
Marquette Elder's Advisor
While joint tenancy can provide significant advantages, it can also have unintended consequences. Assets can be exposed to the joint owner's creditors, estate taxes may increase, and income tax advantages might be lost. Other forms of joint ownership, such as tenants in common or community property, may be more appropriate in specific situations.
The Adea At The Top Of The Food Chain: Who's Protecting The Higher-Salaried Employees?,
2012
Marquette University Law School
The Adea At The Top Of The Food Chain: Who's Protecting The Higher-Salaried Employees?, Grant T. Moher
Marquette Elder's Advisor
After the ruling in Hazen Paper, older workers who are terminated will have a more difficult burden proving their termination was based on age. Previously used disparate impact and disparate treatment theories will be more difficult to utilize, and employers may be allowed wider use of factors other that age as reasons for termination, without the fear that these factors will be considered age proxies.
Guardianship Mediation,
2012
Marquette University Law School
Guardianship Mediation, Janice Grant
Marquette Elder's Advisor
Court guardianship proceedings are designed to determine the need for a guardian. Mediation may be used to rather substitute voluntary services by allowing interested parties to offer suggestions for appropriate care. Grant discusses which cases may be appropriate or inappropriate for mediation and outlines a suggested mediation process. The advantages of maintaining greater autonomy and independence for the elderly are elaborated.
Legal Guadians' Authority To Consent To Do-Not-Resuscitate Orders,
2012
Marquette University Law School
Legal Guadians' Authority To Consent To Do-Not-Resuscitate Orders, Robert J. Best
Marquette Elder's Advisor
Cardiopulmonary resuscitation (CPR) has saved and prolonged the lives of many, but is it appropriate for elderly and incapacitated individuals? This article examines the role of surrogate decision making in withholding treatment of incapacitated individuals, and provides a list of twelve criteria to assist a guardian to determine what would be in the best interests of the patient.
Aging In Place: Naturally Occuring Retirement Communities And Condominium Living,
2012
University of Miami Law School
Aging In Place: Naturally Occuring Retirement Communities And Condominium Living, Ellen Hirsch De Haan
Marquette Elder's Advisor
As more and more senior citizens choose to grow older in familiar surroundings, condominium and community associations now may have to grapple with the problems encountered as members age, such as physical and mental impairment and incipient decrepitude. How association officers can (and should) deal with these situations as well as the legal issues involved is discussed at length.
Planning For A Disabled Child,
2012
Marquette University Law School
Planning For A Disabled Child, Judith G. Mcmullen
Marquette Elder's Advisor
McMullen provides a comprehensive view of the problems encountered when estate planning includes providing for a disabled child of any age. Traditional approaches, such as outright gifts and trusts, are discussed. Particular attention is paid to situations which might limit access to potential public benefits, including medical assistance programs. Various aspects to consider while evaluating possible options are discussed.
Board Of Advisors,
2012
Marquette University Law School
From The Editor,
2012
Marquette University Law School
Table Of Contents,
2012
Marquette University Law School
