Protective Assistance For Elders: Maine Experience And Comparisons,
2012
Marquette University Law School
Protective Assistance For Elders: Maine Experience And Comparisons, Alison Barnes
Marquette Elder's Advisor
This thoughtful analysis of Maine's Adult Protective Services for the elderly encompasses statutes involved, services provided, those who can be served, required reporting, emergency interventions, and possible sources of funding. Methods for preventing abuse and exploitation are examined. Barnes discusses legal remedies concerning misappropriated funds as well as civil and criminal actions against abusers. The reasons for self neglect and refusal of care are also explored.
Essay: Housing Trends For The 21st Century,
2012
Marquette University Law School
Essay: Housing Trends For The 21st Century, Ellen Hirsch De Haan
Marquette Elder's Advisor
This essay describes the changes in housing availability over the last two centuries and offers projections of what this century might bring, and how possible changes will affect the elderly. Discussion includes condominiums, cooperatives, and planned communities, and how these types of ownership can relate to retirees. The return to higher density housing along with mixed land usage is discussed in detail.
Using Family Limited Partnerships For Estate Planning,
2012
Marquette University Law School
Using Family Limited Partnerships For Estate Planning, Milton Childs
Marquette Elder's Advisor
By using a family limited partnership, parents can keep control of a family enterprise while providing limited ownership rights to their children. Estate planners can use this device to protect assets and reduce income taxes. Childs suggests and explains different methods of reducing or eliminating estate taxes, discussing the need to differentiate between safe and dangerous assets.
Dealing With Hipaa: Powers Of Attorney, Record Releases, Court Orders, And Subpoenas,
2012
Marquette University Law School
Dealing With Hipaa: Powers Of Attorney, Record Releases, Court Orders, And Subpoenas, Thomas J. Murphy
Marquette Elder's Advisor
Although the Health Insurance Portability and Accounting Act (HIPAA) enhanced the privacy of individual's health records, the Act reduced the accessibility of medical information to caring loved ones. Murphy gives thoughtful advice on counseling clients about health care powers of attorney, record releases, springing powers of attorney, stand alone medical record releases, and the special status of psychotherapy notes.
Serving Our Elders- Advocates And Adversaries,
2012
Marquette University Law School
Serving Our Elders- Advocates And Adversaries, Stephanie Sue Stein
Marquette Elder's Advisor
While the Older Americans Act creates a remarkable structure under which various advocates can work together for the benefit of the elderly, situations can arise in which different viewpoints or interpretations of law can pit advocates against each other. Three case study examples are given. Stein acknowledges that different perspectives are inevitable and recommends working together instead of letting disputes escalate.
The Disjunction Between Prevention And Compensation Of Hip Fractures Among Elderly Citizens: The Law's Role In Creating Ex Ante Incentives,
2012
Marquette University Law School
The Disjunction Between Prevention And Compensation Of Hip Fractures Among Elderly Citizens: The Law's Role In Creating Ex Ante Incentives, Janis Sarra
Marquette Elder's Advisor
This article examines the relationship between the compensation for and the prevention of hip fractures among the growing population of seniors in Canada. Sarra postulates that the current system expends funds on liability protection that would be better spent on prevention. Options explored are no-fault compensation, redirecting legal resources, negotiated risk, and adjust[ing] the tax base to ensure that there are sufficient resources to support elderly individuals.
Table Of Contents,
2012
Marquette University Law School
Using The Web For Free Legal Research: A Comparison Of Findlaw, Lexisone, And The Legal Information Institute Websites,
2012
Northwestern University School of Law
Using The Web For Free Legal Research: A Comparison Of Findlaw, Lexisone, And The Legal Information Institute Websites, Kathryn Hensiak
Marquette Elder's Advisor
Free legal research can be conducted on these three websites. While these sites do not research as far back as Westlaw and LexisNexis, all provide links to federal and state case law, but each has some advantages and disadvantages which are discussed in detail. LesixONE has the option to jump to LexisNexis (with a credit card) for further detail.
Veteran's "Pension": Non-Service Connected Veteran's Benefits For The Elderly And Disabled,
2012
Marquette University Law School
Veteran's "Pension": Non-Service Connected Veteran's Benefits For The Elderly And Disabled, Alice Reiter Feld
Marquette Elder's Advisor
Veteran's benefits can be service connected or non-service connected. A non-service connected benefit available to certain war-time veterans or their dependents is an improved pension for those disabled and in financial need. This article delves into service requirements, disability requirements, net worth requirements, and income requirements, and gives several examples to determine if funding would be available for non-covered expenses, such as long-term care.
Prosecuting Crimes Against The Elderly While Addressing The Victim's Loss Of Autonomy,
2012
Marquette University Law School
Prosecuting Crimes Against The Elderly While Addressing The Victim's Loss Of Autonomy, Preston Mighdoll
Marquette Elder's Advisor
Using three case studies as examples, Mighdoll illustrates the emotional problems encountered by victims after their abusers are removed from the situation. Often the victim has become so dependent on the abuser that independent living is no longer possible and relocation is necessary. The team efforts of the task force in Palm Beach County to work with these problems are described in detail.
Book Review: Elder Mistreatment: Abuse, Neglect, And Exploitation In An Aging America,
2012
Wright State University School of Medicine
Book Review: Elder Mistreatment: Abuse, Neglect, And Exploitation In An Aging America, Marshall B. Kapp
Marquette Elder's Advisor
While congress considers (and passes) legislation to fight elder mistreatment, most legal action occurs at the state level through state Adult Protection Service laws, often imposing criminal liability on elder mistreatment. Mandatory or voluntary reporting laws apply in many states. The National Research Council Report recommends enhanced research on the effectiveness of various interventions, and recommends that researchers be exempt from reporting requirements.
Responding To Domestic Abuse In Later Life,
2012
Marquette University Law School
Responding To Domestic Abuse In Later Life, Bonnie Brandl, Julie Rozwadowski
Marquette Elder's Advisor
Some forms of elder abuse are really a continuation or increase of earlier abuse and reflect a pattern of coercive tactics to maintain control. The authors go into great detail in recommending the L.A.B.O.R. model. Look for signs, Ask questions, Believe the victim, Offer support, and Refer. Many signs and signals of abuse are given to aid in evaluating seemingly abusive situations.
Elder Abuse: Indicators And Examples,
2012
Marquette University Law School
Elder Abuse: Indicators And Examples, Susan Beerman
Marquette Elder's Advisor
Elder abuse can occur in many ways and involve people from all walks of life. This article lists some of the more obvious and observable signs of abuse and also many of the more subtle signals that may indicate the possibility of abuse and bear further investigation. The effects of self neglect and caregiver stress and their relationship to elder abuse are also discussed.
Essay- Passing It On: The Inheritance, Ownership And Use Of Summer Houses,
2012
Monroe Community College
Essay- Passing It On: The Inheritance, Ownership And Use Of Summer Houses, Ken Huggins
Marquette Elder's Advisor
This essay discusses the many problems encountered when a summer vacation home is passed along to the next generations, such as assigning time slots and sharing responsibilities among various generations. Ways to make such situations work are explored. The suggested option is a formal operating agreement. Developing such an agreement and a comprehensive list of what might be included are discussed.
Basis In Inheritance After Egtrra,
2012
Marquette University Law School
Basis In Inheritance After Egtrra, Sharon Kovacs Gruer
Marquette Elder's Advisor
This final section elaborates on establishing carryover basis in situations involving inheritances, focusing on changes established under EGTRRA (the Economic Growth and Tax Relief Reconciliation Act of 2001). Included are discussions of operating loss carryover, unused built-in losses, qualified spousal property, and property transferred prior to or after death. Marital planning, including QTIP trusts and allocation of basis issues, are explored.
Carryover Basis For Gifts & Joint Tenancies,
2012
Marquette University Law School
Carryover Basis For Gifts & Joint Tenancies, Nell Graham Sale
Marquette Elder's Advisor
This section discusses how carryover basis is established and adjusted when property, including real property and financial instruments, is gifted (including gift tax adjustments). Implications of revocable and irrevocable trusts are explored, and issues involving the use of joint tenancy, especially those that might apply to today's elderly, are examined.
Calculating And Adjusting Basis,
2012
Marquette University Law School
Calculating And Adjusting Basis, Bradley J. Frigon
Marquette Elder's Advisor
This section illustrates the various ways property may be acquired, and how the resulting basis may be established. Included are discussions of cost basis, exchange basis, exchange for service basis, and how basis may be adjusted, as well as the effects of improvements, depreciation, and allocation. Special rules for stocks, mutual funds, and home offices are explained. Rules for establishing basis at disposition are also included.
Life Care Agreements: A Contractual Jekyll And Hyde?,
2012
University of Memphis School of Law Elder Law Clinic
Life Care Agreements: A Contractual Jekyll And Hyde?, Donna S. Harkness
Marquette Elder's Advisor
Many seniors who plan to surrender title to their home, often their only major asset, in exchange for the promise of life-long care often fail to seriously consider possible pitfalls and take the necessary steps to prevent them, being overly trustful of close family members or friends. Several options are suggested, along with ways to make such a transaction more equitable to all parties.
Guardianship As A Cultural System: Reflections On The Illinois Guardianship Reform Project,
2012
University of Chicago School of Law
Guardianship As A Cultural System: Reflections On The Illinois Guardianship Reform Project, Morris A. Fred
Marquette Elder's Advisor
This article discusses the reasons for and the problems encountered in setting up the Illinois Guardianship Reform Project. Investigative newspaper articles detailing widespread abuses aroused public demand for reforms. Fred postulates that a change in attitudes and behaviors in regard to the disabled and aging is necessary to balance the widely differing points of view of the various care-givers and court systems in order to both protect the rights of self-determination and provide necessary care
Table Of Contents,
2012
Marquette University Law School
