The Property Tax Relief For The Elderly: A Survey Of The Nation,
2012
Marquette University Law School
The Property Tax Relief For The Elderly: A Survey Of The Nation, Katie Babe
Marquette Elder's Advisor
This article investigates various methods that states have employed to provide property tax relief to their senior citizens and evaluates their effectiveness. The pros and cons of homestead exemptions, different credit and rebate programs, deferral programs, property tax freezes, reverse mortgages, and other programs are explored. Twenty-two pages of comparative charts are included for comparison purposes.
Book Review: Elders On Trial: Age And Ageism In The American Legal System,
2012
Marquette University Law School
Book Review: Elders On Trial: Age And Ageism In The American Legal System, Olivia M. Wong
Marquette Elder's Advisor
In the first part of the book Howard Eglit discusses ageism and the changing of attitudes toward citizens as they age. The second part explores aging as it relates to the legal system, including issues of particular importance to seniors, increasing litigation involving the elderly, lawyer/elderly client issues, possible discrimination in jury selection, and the issues of competence of elderly judges.
Employment Tax Issues In Home Health Care Contracts,
2012
Marquette University Law School
Employment Tax Issues In Home Health Care Contracts, Ben A. Neiburger
Marquette Elder's Advisor
Seniors may receive care for which they pay the provider without realizing the tax implications if they are deemed the employer of the provider. Neiburger discusses the sometimes confusing differences between and independent contractor and an employee, and the various taxes and penalties, both federal and state (Illinois as an example) for which employers are responsible.
The Economic Growth And Tax Relief Reconciliation Act Of 2001 And Its Effect On Estate Planning,
2012
Marquette University Law School
The Economic Growth And Tax Relief Reconciliation Act Of 2001 And Its Effect On Estate Planning, Jennifer Jedrzejewski
Marquette Elder's Advisor
Because of the sunset provision of EGTRRA, estate planning through 2010 and beyond has become even more complicated. EGTRRA phases down the maximum estate, gift, and generation skipping rate of tax at intervals. Applicable state tax rates have in many states been modified to adjust for the EGTRRA effect. This article discusses the use of AB and Qualified Terminable Interest Property trusts using several hypothetical situations.
Introduction To Medicare For People With Multiple Sclerosis,
2012
Marquette University Law School
Introduction To Medicare For People With Multiple Sclerosis, Judith Stein
Marquette Elder's Advisor
Stein explains what criteria are necessary for Medicare parts A, B, C, and D coverage, and why eligible recipients with Multiple Sclerosis are often erroneously denied coverage. Recent changes in applicable Medicare regulations are explored, as are some of the differences between Medicare and Medicaid. Various ways attorneys can help their clients through the application maze are discussed.
Disabled Adult Children,
2012
Marquette University Law School
Disabled Adult Children, Thomas E. Bush
Marquette Elder's Advisor
This article discusses under what circumstances a disabled adult child can collect Social Security benefits, the applicable Social Security regulations, the complex rules for re-entitlement, and the relationship between Medicare and Medicaid benefits. Bush gives advice on how an attorney can navigate this system. A lengthy chart summarizes standards and requirements, and gives citations for a variety of relationships.
Court Approval Of Medicaid Spend-Down Planning By Guardians,
2012
Marquette University Law School
Court Approval Of Medicaid Spend-Down Planning By Guardians, Linda S. Ershow-Levenberg
Marquette Elder's Advisor
This article discusses In re Keri, which was decided by the New Jersey Supreme Court in 2004. The topics explored include that a P.O.A. in itself may not be sufficient to allow gifting; a guardianship may be required. The difference between gifting for retirement planning or enhancing Medicaid eligibility is discussed, as well as court cases from several jurisdictions.
Treated With Respect: Enforcing Patient Autonomy By Defending Advance Directives,
2012
Marquette University Law School
Treated With Respect: Enforcing Patient Autonomy By Defending Advance Directives, Carol J. Wessels
Marquette Elder's Advisor
Wessels discusses the right of competent individuals to direct their own health care and the obstacles encountered in enforcing these rights under a power of attorney for health care or an advance directive. The rights to make such decisions are explored, as well as the barriers to enforcement, both statutory and provider related. Several causes of action against non-compliant actors are discussed.
Table Of Contents,
2012
Marquette University Law School
Childhood Obesity, Baby Boomers And The Echo Boom,
2012
Marquette University and Medical College of Wisconsin
Childhood Obesity, Baby Boomers And The Echo Boom, Elizabeth Conradson Cleary
Marquette Elder's Advisor
This insightful article joins the problems of increasing childhood obesity with the increase projected in senior citizens of the echo boom generation, and goes on to posit an increased burden on the then sandwich generation. Cleary discusses the increased future need for caregivers, recognizes the role and value of adult children caregivers (especially women), and suggests approaches to address the situation.
Essay: The Re-Tooling And Re-Telling Of The Social Security, Medicare, And Medicaid Programs: Will We Retain The Sixty-Year-Old Values Of A "National Community" Or Begin With A "Clean Slate?",
2012
Marquette University
Essay: The Re-Tooling And Re-Telling Of The Social Security, Medicare, And Medicaid Programs: Will We Retain The Sixty-Year-Old Values Of A "National Community" Or Begin With A "Clean Slate?", Stephanie Sue Stein
Marquette Elder's Advisor
This essay focuses on the change taking place in America's attitude towards major social programs that benefit the elderly. Stein suggests that reforming these programs reverses the concept of the national community providing for the needs of the elderly to letting people decide how best to provide for themselves in retirement, to the detriment of many of our most needy and vulnerable elderly.
Denial And Codependence In Domestic Violence By Adult Children On Their Elderly Parents ,
2012
Marquette University Law School
Denial And Codependence In Domestic Violence By Adult Children On Their Elderly Parents , Preston Mighdoll
Marquette Elder's Advisor
This case study of an adult son who physically abused his parents and the cycle of the case through the legal system is an eye-opener of how difficult it is to protect vulnerable elderly parents from dysfunctional and abusive adult children. Mighdoll discusses the results of enabling, parent denial, ineffective no contact orders, lack of evidence, and the need for an elderly hearsay exception.
From The Margins To Pacesetting: The Place Of The Elderly In U.S. Legal History From A Historian's Perspective,
2012
University of Houston
From The Margins To Pacesetting: The Place Of The Elderly In U.S. Legal History From A Historian's Perspective, W. Andrew Achenbaum
Marquette Elder's Advisor
Prior to the Civil War, the small percentage of Americans who were elderly lived on the margins of society. Uncared-for poor elderly persons could be placed in poor-houses. Achenbaum discusses the evolution, through veteran's benefits, Social Security, corporate and union pension plans, and Medicare to a society where the care and well-being of the elderly are among the most important legal issues of the day.
Guardianship Actions Against Individuals Who Have Selected An Agent As Power Of Attorney: When Should The Court Say "No?",
2012
Marquette University Law School
Guardianship Actions Against Individuals Who Have Selected An Agent As Power Of Attorney: When Should The Court Say "No?", Linda S. Ershow-Levenberg
Marquette Elder's Advisor
This article discusses the need for guardianship for presumably incapacitated individuals who already have designated someone to have their power of attorney or to be their healthcare representative. Noting that the privacy and liberty of an individual will be affected by appointing a guardian, the author proposes that guardians not be unnecessarily appointed when currently in-place representatives already fulfill needed services.
Social Values And Older Persons: The Role Of The Law,
2012
Southern Illinois University school of Law
Social Values And Older Persons: The Role Of The Law, Marshall B. Knapp
Marquette Elder's Advisor
Kapp discusses the relationship of law to social values, and how laws can permit, require, or restrain certain activities. Further discussion involves how laws, such as the Age Discrimination Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the Fair Housing Act impact the elderly, and then asks whether the law alone is enough to protect the elderly.
Reconciling Definitions Of "Disability:" Six Years Later, Has Cleveland V. Policy Management Systems Lived Up To Its Initial Reviews As A Boost For Workers' Rights?,
2012
George Washington University
Reconciling Definitions Of "Disability:" Six Years Later, Has Cleveland V. Policy Management Systems Lived Up To Its Initial Reviews As A Boost For Workers' Rights?, Daniel Korhman, Kimberly Berg
Marquette Elder's Advisor
This extensive article identifies many of the difficulties in bringing an action under the Americans with Disabilities Act (ADA) while receiving SSDI benefits. The conflicts of claiming disabilities while also claiming the ability to work with accommodations are explored. The decision in Cleveland v. Policy Management Systems was supposed to set guidelines for evaluation these situations, but interpretation of these guidelines still varies
Protecting The Gold In The Golden Years: Practical Guidance For Professionals On Financial Exploitation,
2012
Valparaiso University School of Law
Protecting The Gold In The Golden Years: Practical Guidance For Professionals On Financial Exploitation, Julie A. Lemke, Seymour Moskowitz
Marquette Elder's Advisor
The authors discuss financial exploitation of the elderly from multi-disciplinary viewpoints. The role of attorneys, including conflicts of interest, is explored along with practical prevention tools and remedies. Ways that financial institutions can protect their customers, including bank reporting projects, are investigated. Roles that the clergy, adult protective services, legislatures, and the police can play are discussed and an appendix of elder abuse hotlines is included.
Table Of Contents,
2012
Marquette University Law School
Book Review: The Law And The Older Persons: Is Geriatric Jurisprudence Therapeutic?,
2012
Marquette University Law School
Book Review: The Law And The Older Persons: Is Geriatric Jurisprudence Therapeutic?, Jennifer Jedrzejewski
Marquette Elder's Advisor
Marshall Kapp discusses Therapeutic Jurisprudence, the study of law's healing potential and the actual impact of laws. He states that laws designed to help the elderly often focus on enforcement rather than assisting beneficiaries. Kapp suggests that TJ inquiries should include the effects on seniors, including discussions about regulatory control, increased costs, guardianship, long-term care, mental health, and research projects involving the elderly.
Have State Judiciaries Become Legislatures When Grandma Comes To Court?: State Court Decisions In The Post-Troxel Era,
2012
Marquette University Law School
Have State Judiciaries Become Legislatures When Grandma Comes To Court?: State Court Decisions In The Post-Troxel Era, Paula A. Lorfeld
Marquette Elder's Advisor
Although Troxel v. Granville mandated presumptive consideration of parents' rights in non-parent visitation statutes, states have interpreted Troxel in different ways. Lorfeld cites cases in several states. Some states have ruled non-complying statutes unconstitutional, while other states have ruled such statutes to be constitutional if they are applied with a presumption of unstated parents' rights. Are these courts usurping legislative functions?
