Late-State Dementia Care,
2012
Marquette University College of Nursing
Late-State Dementia Care, Christine R. Kovach
Marquette Elder's Advisor
Dementia can be said to progress from early to mid to late stages. The rate of progression is variable, and the needs of the patients and the interventions required do evolve. Specific discussions include nutrition and hydration, behavioral aspects, care options, the use of the Medicare hospice benefit, and care units specially designed for late-stage dementia.
Book Review: Speaking Our Minds,
2012
Marquette University Law School
Book Review: Speaking Our Minds, Beth Ellingson
Marquette Elder's Advisor
No abstract provided.
Prescription Drug Use By The Elderly,
2012
Mayo Medical School
Prescription Drug Use By The Elderly, Richard E. Finlayson
Marquette Elder's Advisor
This article discusses how coexisting medical illnesses interact with aging to complicate the body's ability to safely process drugs. The article also discusses prescription drug misuse, abuse, and dependency by the elderly.
What Is A Certified Elder Law Attorney?,
2012
Marquette University Law School
What Is A Certified Elder Law Attorney?, Andrew H. Hook
Marquette Elder's Advisor
Hook gives an overview of the inception and development of the Certified Elder Law Attorney (CELA) certification program. The article includes discussions on required education, the application process, cost, the application of legal malpractice standards of care, review classes, and the actual examination. (Samples of previous exam questions are included.) Court decisions on communications of specialty certification and modification of pertinent Model Rules (and state adaptations) are included.
Book Review: The Last Childhood,
2012
Marquette University Law School
Book Review: The Last Childhood, Judith L. Dusell
Marquette Elder's Advisor
No abstract provided.
Jury Selection In Aging America: The New Discrimination?,
2012
Florida International University
Jury Selection In Aging America: The New Discrimination?, Max B. Rothman, Burton D. Dunlop, Gretchen M. Hirt
Marquette Elder's Advisor
This article examines the effects on the judicial system of entrenched stereotypes of the elderly. These stereotypes may be working to drive discriminatory laws, policies, and practices that serve to disenfranchise them of their right to participate in the judicial system by serving as jurors. The article also discusses the implications of this discrimination on the judicial system.
Legal Resources On Elder Abuse In The Institutional Setting,
2012
University of Miami Law
Legal Resources On Elder Abuse In The Institutional Setting, Robin C. Schard
Marquette Elder's Advisor
This article focuses on locating online resources related to institutional elder abuse. The article provides website addresses for the most comprehensive organizations and governmental agencies, along with reviews of their most useful pages.
Special Needs Estate Planning-A Family Perspective,
2012
Marquette University Law School
Special Needs Estate Planning-A Family Perspective, Terry L. Toske
Marquette Elder's Advisor
Toske illustrates the need for early estate planning involving the entire family when a developmental disability affects a family member. The importance of maintaining eligibility for government programs is stressed, as well as the benefits of the planning to all concerned. Two case studies are used for illustration. A what do I do now? list is included.
Internet Resources For Retirement Planning,
2012
University of Miami Law
Internet Resources For Retirement Planning, Robin Schard
Marquette Elder's Advisor
The Internet is an outstanding source of ifnromation on how to prepare for retirement. The author believes it is important to make the best use of it.
Handling Tort Recoveries For Persons Over And Under Age 65,
2012
Marquette University Law School
Handling Tort Recoveries For Persons Over And Under Age 65, Cheryl C. Mitchell, Ferd H. Mitchell
Marquette Elder's Advisor
Winning the case is only the first step in creating a satisfactory outcome for an injured elderly or disabled individual. Myriad rules pertain to the distribution of the award and distribution arrangements may affect current and future eligibility for programs such as Medicaid and SSI.
Spousal Refusal: Preserving Family Savings By "Just Saying No" To Long-Term Care Impoverishment,
2012
Marquette University Law School
Spousal Refusal: Preserving Family Savings By "Just Saying No" To Long-Term Care Impoverishment, Scott M. Solkoff
Marquette Elder's Advisor
This is a case study of an elderly couple who executed a pre-nuptial agreement to keep their assets separated. When the husband required long-term care, the state required the assets of both to be considered in determining Medicaid eligibility. This article explores the effect and applicability of the Just Say No rule and the difficulty of preserving the assets of the non-institutionalized spouse.
The Communitarian Approach In The Elder Law Construct,
2012
Marquette University Law School
The Communitarian Approach In The Elder Law Construct, A. Frank Johns
Marquette Elder's Advisor
Johns suggests that the proposed revisions to the Model Rules do not go far enough in their approach to multiple party representations in elder law issues. He discusses initial client contact, formation of the client-lawyer relationship, client confidences in multiple representation, and intergenerational conflicts. Three interesting case studies are included to highlight the problems that can arise.
Special Needs Trusts To Safeguard Disability Benefits In Personal Injury And Divorce Settlements And Estate Planning,
2012
Marquette University Law School
Special Needs Trusts To Safeguard Disability Benefits In Personal Injury And Divorce Settlements And Estate Planning, Lawrence A. Friedman
Marquette Elder's Advisor
To avoid disqualifying a disabled person from government aid, amounts should not be paid outright to the person or to a trusts for his support. Instead, the author suggests it is best to use a Special Needs Trust.
Sexual Abuse In Nursing Homes,
2012
Emory University School of Nursing
Sexual Abuse In Nursing Homes, Elizabeth A. Capezuti, Deborah J. Swedlow
Marquette Elder's Advisor
This article describes the common characteristics of sexually abused nursing home residents and details the many physical and psychological consequences of sexual abuse. The article considers the victim's ability to report the abuse and how to compassionately conduct the victim interview and collect evidence. The article discusses relevant federal and state law and analyzes various theories of liability.
From The Editor,
2012
Marquette University Law School
From The Editor, Alison Mcchrystal Barnes
Marquette Elder's Advisor
No abstract provided.
Guardians And Wills: "Substituted Judgment" In Estate Planning Deserves Another Look,
2012
Marquette University Law School
Guardians And Wills: "Substituted Judgment" In Estate Planning Deserves Another Look, Edward A. Shipe
Marquette Elder's Advisor
In some circumstances, a guardian is faced with estate planning documents that may not reflect the ward's true intentions. In many states, the guardian has no option to alter or change those documents. The author asserts that in some circumstances, a guardian should have the authority to change a ward's estate plan.
Friendly Peruasion, Good Salesmanship, Or Undue Influence,
2012
Marquette University Law School
Friendly Peruasion, Good Salesmanship, Or Undue Influence, Mary Joy Quinn
Marquette Elder's Advisor
Undue influence is the substituion of one person's will for the true desires of another. Unlike common persuasion and sale techniques, fraud, duress, threats, or other deceits are often features of undue influence.
The Pressure Sore Case: A Medical Perspective,
2012
Marquette University Law School
The Pressure Sore Case: A Medical Perspective, Jeffrey M. Levine
Marquette Elder's Advisor
Although bedsores sometimes result from inadequate care, not all cases involving pressure ulcers merit a lawsuit. This article adopts a medical perspective in its consideration of the pressure sore case, particularly when evaluating deviation from the standard of care. It also provides practice tips for caregivers wishing to avoid pressure sore litigation.
Role Of Legal Nurse Consultant In Gathering And Analyzing The Nursing Home Record,
2012
Marquette University Law School
Role Of Legal Nurse Consultant In Gathering And Analyzing The Nursing Home Record, Deborah D. D'Andrea
Marquette Elder's Advisor
The legal nurse consultant (LNC) can be a powerful asset in litigation involving nursing home care. This article discusses how the medical expertise of the nurse is useful in the gathering, organizing, and analyzing of the voluminous records that accompany such cases. It also discusses which information prepared by the LNC is work product and which is discoverable.
Table Of Contents,
2012
Marquette University Law School
