A wide variety of legal issues surround caring for older individuals. Health and human service practioners need to plan, provide and evaluate geriatric care, while also understanding public policies. Legal knowledge is an essential part of caring for the elderly. Students and professionals must be able to deliver appropriate care while also being aware of any legal, ethical and pilitical issues that may arise. Legal Aspects of Elder Care provides a clear overview of geriatric policies and laws, enabling the reader to use informed decision-making with older clients.
Written by nationally-known elder law practitioners, Robert B. Fleming and Lisa Nachmias Davis, the Elder Law Answer Book gathers the most current legal, regulatory, and practice guidelines from the core topics of elder law, long-term care, estate planning, retirement planning, healthcare decision making, and rights of the elderly -- and presents this information in a thoroughly integrated, easy-access reference. The all-new Third Edition of Elder Law Answer Book helps you render sound advice and give reliable guidance on: Medicaid and Long-Term Care Planning Estate Planning Probate and Trust Administration Special Needs Trusts Medicare And More! Only Elder Law Answer Book delivers and‘How-toand’ explanations of the guiding rule or regulation, along with current citations to the relevant cases and statutesand—including the Deficit Reduction Act Expert legal analysis of the special rules and how they typically apply Detailed information about each of the disparate, but frequently related, aspects of elder law practiceand—age discrimination, nursing home rights, Medicaid and other public benefits programs, as well as traditional estate planning and administration Real-world practice examples that help you implement the applicable rules or guidelines in a wide variety of situations Extensive cross-references to related topicsand—for fast and easy research Index and at-a-glance list of questions that help you zero in on the exact information you are looking for
A wide variety of legal issues surround caring for older individuals. Health and human service practioners need to plan, provide and evaluate geriatric care, while also understanding public policies. Legal knowledge is an essential part of caring for the elderly. Students and professionals must be able to deliver appropriate care while also being aware of any legal, ethical and political issues that may arise. Legal Aspects of Elder Care provides a clear overview of geriatric policies and laws, enabling the reader to use informed decision-making with older clients.
Family caregiving affects millions of Americans every day, in all walks of life. At least 17.7 million individuals in the United States are caregivers of an older adult with a health or functional limitation. The nation's family caregivers provide the lion's share of long-term care for our older adult population. They are also central to older adults' access to and receipt of health care and community-based social services. Yet the need to recognize and support caregivers is among the least appreciated challenges facing the aging U.S. population. Families Caring for an Aging America examines the prevalence and nature of family caregiving of older adults and the available evidence on the effectiveness of programs, supports, and other interventions designed to support family caregivers. This report also assesses and recommends policies to address the needs of family caregivers and to minimize the barriers that they encounter in trying to meet the needs of older adults.
Elder Abuse and Its Prevention is the summary of a workshop convened in April 2013 by the Institute of Medicine's Forum on Global Violence Prevention. Using an ecological framework, this workshop explored the burden of elder abuse around the world, focusing on its impacts on individuals, families, communities, and societies. Additionally, the workshop addressed occurrences and co-occurrences of different types of abuse, including physical, sexual, emotional, and financial, as well as neglect. The ultimate objective was to illuminate promising global and multisectoral evidence-based approaches to the prevention of elder maltreatment. While the workshop covered scope and prevalence and unique characteristics of abuse, the intention was to move beyond what is known about elder abuse to foster discussions about how to improve prevention, intervention, and mitigation of the victims' needs, particularly through collaborative efforts. The workshop discussions included innovative intervention models and opportunities for prevention across sectors and settings. Violence and related forms of abuse against elders is a global public health and human rights problem with far-reaching consequences, resulting in increased death, disability, and exploitation with collateral effects on well-being. Data suggest that at least 10 percent of elders in the United States are victims of elder maltreatment every year. In low- and middle-income countries, where the burden of violence is the greatest, the figure is likely even higher. In addition, elders experiencing risk factors such as diminishing cognitive function, caregiver dependence, and social isolation are more vulnerable to maltreatment and underreporting. As the world population of adults aged 65 and older continues to grow, the implications of elder maltreatment for health care, social welfare, justice, and financial systems are great. However, despite the magnitude of global elder maltreatment, it has been an underappreciated public health problem. Elder Abuse and Its Prevention discusses the prevalence and characteristics of elder abuse around the world, risk factors for abuse and potential adverse health outcomes, and contextually specific factors, such as culture and the role of the community.
Elder Abuse: Forensic, Legal and Medical Aspects focuses on the psychological, financial and physical abuse and neglect that is widespread in elder abuse across socioeconomic levels. It provides expert information on forensic and legal topics that professionals need to understand to confront these crimes. The topics included are those most important in the detection and prosecution of elder abuse. Identification and epidemiology are discussed, as are types and presentations of abuse. Written at a level for both professionals and students who wish to gain a broader understanding of specific forensic topics in elder maltreatment, this book is an ideal source. - Covers the physical, sexual, financial and psychological types of elder abuse - Includes a section on domestic violence in the elderly, as well as wound identification - Provides a multidisciplinary approach that is emphasized with special sections on death investigation, evidence collection, the medical examiner's responsibilities, and the response of the justice system
Elder Law in a Nutshell, 4th ed. updates the previous edition to reflect the fast pace of legal change in this area of the law. Special attention is paid to major changes in Medicare, including the new Part D prescription drug program, means-testing of premiums, Medigap policies, and appeals procedures, as well as the 2006 amendments to Medicaid eligibility requirements that pertain to asset transfers, home equity limitations, and long-term care insurance incentives. The latest edition introduces the reader to the rapidly growing legal specialty of elder law. Addressing the myriad of legal issues encountered by the elderly, the book is a succinct overview of this complex intersection of law and social policy, including such areas as health care decision-making, pensions, Social Security, reverse mortgages, nursing homes, guardianship, long-term care, age discrimination in employment, and veterans benefits. The book is designed to assist anyone who has regular contract with older persons, including lawyers, law students, social workers, health care personnel, retirement planners and gerontologists or anyone who wishes a better insight into the world of elder law.
"Elder Law Estate Planning" is a niche area of law which combines the features of elder law and estate planning that pertain most to the needs of the middle class. In 1991, AARP published a "Consumer Report on Probate" concluding that probate was a process to be avoided. That marked the end of traditional will planning and started the "living trust revolution." Since then, millions of people have set up trusts to: * Save time and money in settling the estate * Avoid legal guardianship if they become disabled * Avoid having their personal and financial matters made public * Reduce the chance of a "will contest" * Keep control in the family and out of the court system By 1990, the field of elder law also emerged to help people navigate the increased complexity of state Medicaid rules and regulations, the soaring costs of nursing home stays, and the fact that people were living considerably longer. Elder law and estate planning continue to grow independently of each other, sometimes to the detriment of clients. Estate planning lawyers are of little value when the estate plan to avoid probate fails to prevent a nursing home stay consuming all of the assets, because the lawyer is unfamiliar with elder law. On the other hand, elder law attorneys often protect assets but overlook basic estate planning issues such as saving taxes and keeping assets in the blood. The practice of Elder Law Estate Planning means: * Getting your assets to your heirs, in the best possible way, with least amount of taxes and legal fees * Keeping those assets in the blood for your grandchildren, and * Protecting your assets from the costs of long-term care and qualifying for government benefits available to pay for care. Middle class clients today need an "elder law estate planning attorney" to address their estate planning needs as well as to help with long-term care, disability and Medicaid issues as they arise.
