Financial Abuses Of Elderly Clients,
2012
Marquette University Law School
Financial Abuses Of Elderly Clients, Alison Barnes
Marquette Elder's Advisor
This article identifies what is meant by financial abuse of the elderly, discusses who are the abusers and victims, and illustrates how to identify instances of financial abuse. The author then discusses the possible responses to identified financial abuse, including responses by attorneys, state agencies, and federally mandated programs and acts. She concludes that where an older person is dependent for care on a family member, financial abuse may be best controlled through oversight of the interaction between the caregiver and care receiver, as well as modification of financial arrangements to limit the exposure of the care receiver's assets.
A Tale Of Two Women,
2012
Marquette University Law School
A Tale Of Two Women, Ann J. Pinciss
Marquette Elder's Advisor
This article is a tale of two women, one living her life to its fullest according to her own wishes, the other dependent upon the substituted judgment of another. This tale is a cautionary tale, highlighting the challenges of balancing substituted judgment against the best interests of someone who, because of incapacity, cannot decide what is best for her
The Role Of The Attorney As Nursing Home Advocate,
2012
Marquette University Law School
The Role Of The Attorney As Nursing Home Advocate, Andrew P. Brusky
Marquette Elder's Advisor
This article explains the need for attorneys to keep informed about current standards and regulations related to nursing home care. The author identifies the areas of concern to clients and their attorneys such as determining the appropriate placement, or investigate financial and payment options. Surrogate decision-making options may need to be considered. Patients in nursing homes may need attorney assistance in patient rights or quality of care issues, or in disputes concerning patient abuse.
From The Editor,
2012
Marquette University Law School
From The Editor, Alison Mcchrystal Barnes
Marquette Elder's Advisor
The Editor has utilized this space to identify for the reader the current state of elder law and its continuing evolution. She then introduces the Elder's Advisor and its goals. Professor Barnes then explains the interactive nature of the Elder's Advisor and invites readers to participate.
Physical Restraint Use In Acute Care Hospitals: Legal Liability Issues,
2012
University of Dayton School of Law
Physical Restraint Use In Acute Care Hospitals: Legal Liability Issues, Marshall B. Kapp
Marquette Elder's Advisor
This article begins by explaining what physical restraints are. The author then explains that the elderly are the most likely group to be restrained in hospitals. He goes on to discuss the evolution of regulations controlling the use of such restraints. Changes in standards of care, customary practice, informed consent, and assumption of risk dynamics are explained. The article concludes by explaining that health care providers and facilities can limit their tort liability exposure through creative processes that include regulatory compliance, voluntary accreditation, and individualized assessment and care.
Table Of Contents,
2012
Marquette University Law School
Board Of Advisors,
2012
Marquette University Law School
Book Review: Aging, Autonomy, And Architecture: Advances In Assisted Living,
2012
Marquette University Law School
Book Review: Aging, Autonomy, And Architecture: Advances In Assisted Living, Jane M.R. Mulcahy
Marquette Elder's Advisor
This book focuses on the assisted-living environment and is divided into four parts. The first concerns ideal and realistic models; the second discusses physical attributes and environmental designs; the third investigates the perspectives of providers and consumers; and the fourth addresses architectural concerns and characteristics.
Internet Resources Related To Nursing Care Facilities,
2012
University of Miami Law
Internet Resources Related To Nursing Care Facilities, Robin C. Schard
Marquette Elder's Advisor
Schard uses this column to list a number of internet sources available to assist in evaluating various nursing care facilities, and gives a brief overview of what these sites provide. A few of the numerous sites described are the Joint Commission on Accreditation of Healthcare Organizations, the American Health Care Association, and the AARP.
Home-Health Care Coverage Under Medicare,
2012
Marquette University Law School
Home-Health Care Coverage Under Medicare, Edward M. Dale, Cheryl Diane Feuerman
Marquette Elder's Advisor
This column describes the criteria prerequisites for Medicare coverage of home care, including definitions of homebound status, the requirements for physician certification, and the availability of Medicare managed care programs. As the national cost of home care increased, regulations to rein in costs were enacted. The effects of these changes are discussed in detail.
Pathological Gambling And The Senior Citizen,
2012
Mayo Medical School
Pathological Gambling And The Senior Citizen, Richard E. Finlayson
Marquette Elder's Advisor
In this column Finlayson reviews information on how pathological gambling can affect senior citizens. In one report sudden cardiac death represented 82% of casino-related fatalities. Gamblers also have higher than average suicide rates. Relationships, substance abuse, and impulse control disorders are examined, as are theories of brain-chemical disorders.
Gift Tax Returns As A Planning Strategy,
2012
Marquette University Law School
Gift Tax Returns As A Planning Strategy, Daniel J. Walsh
Marquette Elder's Advisor
Timely filing of a properly prepared gift tax return will begin the statute of limitations period for revaluing the gift for gift tax purposes, but not necessarily for estate tax purposes. Walsh describes how the Taxpayer Relief Act of 1997 (TRA'97) can provide a taxpayer with potential solutions and describes how the final regulations provide planning opportunities for attorneys to assist their clients.
Promises And Problems In Alternative Dispute Resolution For The Elderly,
2012
Marquette University
Promises And Problems In Alternative Dispute Resolution For The Elderly, Kevin Gibson
Marquette Elder's Advisor
Gibson describes several different practices which fall under the umbrella of alternative dispute resolution (ADR), including arbitration, mediation, and the role of an ombudsman. A comprehensive discussion of the mediation process describes the techniques a mediator may employ to assist parties in resolving their disputes, and uses examples of applying such techniques in situations involving senior citizens or nursing home disputes.
Alternative Medicine In The Elderly: Use And Abuse,
2012
Medical College of Wisconsin
Alternative Medicine In The Elderly: Use And Abuse, Piero Antuono, Jennifer Jones, Jan Beyer
Marquette Elder's Advisor
Written by health care professionals, this article investigates the use and usefulness of complementary and alternative medicines (CAMs) by senior citizens. These entities, classified by the FDA as dietary supplements, are among the most widely prescribed drugs in Europe. CAMs discussed include gingko biloba for vascular disease and dementia, glucosamine and chondroitin for arthritis, saw palmetto for benign prostate hypertrophy, St. John's Wort for depression, and valerian for insomnia.
Pain Management In Long-Term Care: Update On Guidelines And Jcaho Standards,
2012
University of Rhode Island
Pain Management In Long-Term Care: Update On Guidelines And Jcaho Standards, Jayne E. Pawasauskas, Andrea F. Luisi
Marquette Elder's Advisor
The authors, both Doctors of Pharmacy, discuss the different levels of pain management in the elderly population. The dangers of side effects of both prescription and non-prescription medications must be considered when evaluating dosing for pain relief or pain prevention. Updated guidelines for patient involvement in pain management protocols in long-term care facilities are examined.
Index: Summer 1999-Spring 2001,
2012
Marquette University Law School
Book Review: Nursing Home Litigation: Investigation And Case Preparation,
2012
Marquette University Law School
Book Review: Nursing Home Litigation: Investigation And Case Preparation, Jane M.R. Mulcahy
Marquette Elder's Advisor
This book presents an introduction to nursing home litigation, which results when the nursing home regulatory system fails. The book contains essays authored by physicians and clinicians, which provide the reader with inside information about nursing home liability. The book also includes information about case preparation and the importance of using a legal nurse consultant.
Tough Love: Making Residential Decisions For The Incapacitated,
2012
Marquette University Law School
Tough Love: Making Residential Decisions For The Incapacitated, Vicki J. Bowers
Marquette Elder's Advisor
When adult children have to make decisions about their parents' living arrangements, difficult choices make have to be made. Bowers considers independent living at home, home sharing, assisted living, continuing care retirement communities (CCRCs), and nursing homes. Consideration of financial ramifications might include private payment, long-term care insurance, reverse mortgages, veteran's benefits, and medical assistance programs.
Readers Symposium,
2012
Marquette University Law School
Ethical Issues In Representing Husbands And Wives In Estate Planning,
2012
Marquette University Law School
Ethical Issues In Representing Husbands And Wives In Estate Planning, Barbara Freedman Wand
Marquette Elder's Advisor
The article discusses the ethical considerations for attorneys representing husbands and wives with potential conflicts of interest. It discusses several common situations that by their very nature raise potential conflicts of interest between the spouses when they consider estate planning. These situations include prenuptial agreements, blended families, and inherited wealth.
