The Fundamentals of Elder Law, Cases and Materials

The Fundamentals of Elder Law, Cases and Materials

Author: MARK. OSLER

Publisher: Foundation Press

Published: 2022-04-05

Total Pages: 1035

ISBN-13: 9781636597775

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The second edition of this casebook continues to provide the fundamentals for a lively, contemporary course in elder law. It emphasizes illustrative factual cases and statutes, and is supported by materials from elder law practitioners and statistical data. It is distinctive in its emphasis upon state and federal court decisions, not simply a recitation of statutory provisions. Elder law is of burgeoning historical and social importance. Statistics indicate that by 2030, one-fifth of all Americans will be 65 or older, and each day 10,000 persons turn 65. Among the legal issues pertinent to an aging population are estate planning objectives in the context of possible incapacity, integrating nonprobate and probate transfers, asset protection planning, philanthropy and dynasty options, and beneficial tax planning. Statutory changes establish guidance for personal health care decision-making and designations of guardians and surrogates to exercise authority when needed. Clients and institutions require legal assistance to navigate federal benefits such as Medicare, Social Security, Veterans Benefits, and the interaction of state-federal Medicaid opportunities. Statistics also indicate that almost two-thirds of all individuals over age 65 will need some form of long-term care. The cost of this care can be as little as $1,000 a month for simple help around the house, but at least $15,000 to $20,000 a month is needed for continual care by health care professionals. This edition continues the discussion on ageism, the pandemic of elder abuse in all its forms, and discrimination in housing and employment.


Elder Law

Elder Law

Author: Nina Kohn

Publisher: Aspen Publishing

Published: 2020-02-02

Total Pages: 917

ISBN-13: 1543817041

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Elder Law: Practice, Policy, and Problemsis designed with the teacher and learner in mind. It combines a client-focused approach with in-depth discussions of elder law related policy issues. Designed to be simultaneously practical and theoretical, it provides students with specific legal knowledge and a conceptual framework for understanding key issues facing older adults and the attorneys who represent them. The author’s narrative frames a series of primary materials including cases, statutes, regulations, and sample documents, as well as excerpts from articles designed to stimulate student thinking and discussion. Problems and hypothetical exercises—many of which relate to client counseling—ask students to imagine themselves in the role of the elder law attorney, and to describe how they would handle various scenarios, such as a client meeting. In addition, questions in each section prompt students to critique key policies and thereby test their understanding of those policies. New to the Second Edition: Comprehensive updates that capture changes in law and policy, including major revisions to nursing home regulations, new developments in guardianship law, and an emerging line of cases on age discrimination in hiring New coverage of: family caregiving and caregivers’ rights “Gray divorce” and its implications for policy design and planning Supported decision-making Social service interventions that address elder abuse Professors and students will benefit from: Very clearly organized content A client-centered approach Integrated discussion of policy and current issues supported by relevant cases, statutes, regulations, sample documents, and commentaries. All relevant statutory material being within the casebook, meaning there is no need to require a separate statutory supplement Practice problems of varying difficulty that encourage students to apply what they are learning to realistic client-focused hypothetical scenarios Questions throughout the text that prompt critical thinking, and prepare students to engage in classroom discussion Exercises that can be used for either independent or in-class assignments


Elder Law

Elder Law

Author: Lawrence A. Frolik

Publisher: LexisNexis/Matthew Bender

Published: 2011

Total Pages: 0

ISBN-13: 9781422490389

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Model Rules of Professional Conduct

Model Rules of Professional Conduct

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.


Legal Aspects of Elder Care

Legal Aspects of Elder Care

Author: Marshall Kapp

Publisher: Jones & Bartlett Learning

Published: 2010-10-25

Total Pages: 374

ISBN-13: 0763756326

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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.


Contemporary Family Law

Contemporary Family Law

Author: Douglas Abrams

Publisher: West Academic Publishing

Published: 2023-07-06

Total Pages: 0

ISBN-13: 9781642428605

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This popular family law casebook engages students by presenting core family law doctrine while exploring significant transformations in American families and cutting-edge policy debates. It highlights the important role of constitutional law--and other areas of state and federal law--in shaping family law. The book invites students to consider questions of family definition and governmental regulation of families in light of family law's purposes. It charts family law's evolving approach to adult-adult and parent-child (and other caretaker-dependent) relationships, emphasizing that contemporary families take a variety of forms. The Sixth Edition updates all chapters to reflect the latest family law developments, such as the legal treatment of nonmarital families (including plural relationships) and nonbiological parenting as well as recent Supreme Court decisions. It integrates material previously covered in separate chapters on ethical issues in family law practice and jurisdiction into the contexts in which they arise, such as divorce, child custody, and division of marital property. The Sixth Edition has new material highlighting the intersection of family law with race, gender, class, immigration, sexual orientation, and gender identity. As with previous editions, the casebook contains ample problems for students to apply doctrine to realistic factual contexts and highlights practical dynamics of family law practice. The 6th edition: Thoroughly examines the impact of recent Supreme Court cases on family law, including Dobbs v. Jackson Women's Health Organization (and provides teachers with shorter and longer versions of that case), and Golan v. Saada Includes attention to the role of race and racism in laws that shape and regulate the family, with case law addressing marriage, divorce, and inheritance rights of formerly enslaved persons and a post-Loving v. Virginia case challenging the continued requirement that couples disclose race on a marriage license Provides a restructured chapter on the legal consequences of marriage, spousal roles within marriage, and the gender revolution within family law and related fields Includes new developments on marriage requirements, including state minimum age laws and common-law marriage rules, and addresses First Amendment challenges, post-Masterpiece Cakeshop, to civil marriage equality and state antidiscrimination laws Includes new coverage of the intersection of immigration and family law Addresses changes in legal approaches to nonmarital families, including multi-adult domestic partnerships and the Uniform Cohabitants' Economic Remedies Act Provides updated treatment of custody and parenting time issues, including parenting gender-expansive children Provides a restructured chapter on intimate partner violence (IPV), including updates on various factors impacting IPV and shifting gun control statutes and caselaw affecting civil protection orders Provides new consideration of child support issues, including joint custody and subsequent families Provides revised problems in anticipation of the NextGen Bar Exam


Representing the Elderly Client

Representing the Elderly Client

Author: Thomas D. Begley (Jr.)

Publisher: Wolters Kluwer

Published: 2004-01-30

Total Pages: 812

ISBN-13: 9780735552395

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Are you ready to go beyond advising and planning to actively advocating the interests of your elderly clients? You can be, with this two volume handbook from two veteran elder law advocates. In a systematic and practical fashion, the authors address each key practice issue and provide an overview of the basic rules and guiding statutes/regulations, in-depth analysis of elder law practice together with guiding case law, and step-by-step explanation of the advocacy process, revealing how law operates in the real world and where things can go wrong. Plus you'll get their practice-tested minisystem for effective advocacy. After an introductory section explores basic principles, Representing the Elderly Client: Law and Practice addresses the six areas you'll encounter most often: Medicaid Special Needs Trusts Medicare and Managed Care Elder Abuse Nursing Home and LTC Facilities Intra-family and Postmortem Advocacy for Elderly Clients and Heirs. Practice forms, flowcharts, and tables put all essential information at your fingertips. The forms contained in the Author's Advocacy Mini-systems will save you hours of preparation time. Start finding effective solutions to your elderly clients' problems with Representing the Elderly Client: Law and Practice. Along with your Representing the Elderly Client two-volume print set, you'll receive a FREE CD-ROM containing word processing documents used in handling some of elder law's most complex concerns.