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Creating And Sustaining Interdisciplinary Guardianship Committees, Carolyn L. Dessin, Julia R. Nack, Judge Thomas Swift 2012 University of Akron School of Law

Creating And Sustaining Interdisciplinary Guardianship Committees, Carolyn L. Dessin, Julia R. Nack, Judge Thomas Swift

Akron Law Publications

Over the past two decades, guardians, advocates, and the judiciary have been working at the national level to improve guardianship law and practice. This work was set in motion by a series of more than 200 Associated Press Wire Stories about guardianship abuses that were published in the mid-1980s. Over the next decade, guardians and other interested parties built relationships and established an association dedicated to improving guardianship. In the year 2000, members of the National Guardianship Association (“NGA”) wrote and formally adopted “Standards of Practice” for guardians. In 2001, at the Wingspan Conference held at Stetson University, other national ...


The Rights Of The Elderly In The Arab Middle East: Islamic Theory Versus Arabic Practice, Radwa S. Elsaman, Mohamed A. Arafa 2012 Marquette University Law School

The Rights Of The Elderly In The Arab Middle East: Islamic Theory Versus Arabic Practice, Radwa S. Elsaman, Mohamed A. Arafa

Marquette Elder's Advisor

No abstract provided.


Over My Dead Body: A New Approach To Testamentary Restraints On Marraiage, Ruth Sarah Lee 2012 Marquette University Law School

Over My Dead Body: A New Approach To Testamentary Restraints On Marraiage, Ruth Sarah Lee

Marquette Elder's Advisor

It is not uncommon to find deeds or wills that shape the behavior of the living by conditioning a grant, devise, or bequest, on a potential beneficiary’s conduct. Sometimes these conditions involve a limitation on marriage—prohibiting, penalizing, or requiring marriage to one of a particular religious faith or ethnicity. Courts have held that complete restraints on marriage are unreasonable, contrary to public policy, and void. However, partial restraints of marriage are valid as long as they are “reasonable.” A restraint is “unreasonable” if a marriage permitted by the restraint is not likely to occur as a factual determination ...


How America's Newest Consumer Credit Statute Fails To Protect Its Oldest Consumers: A Critique Of The Credit Card Act Of 2009, Michael A. Furlong 2012 University of Oklahoma College of Law

How America's Newest Consumer Credit Statute Fails To Protect Its Oldest Consumers: A Critique Of The Credit Card Act Of 2009, Michael A. Furlong

Oklahoma Law Review

No abstract provided.


Standards For Health Care Decision-Making: Legal And Practical Considerations, A. Kimberley Dayton 2012 Mitchell Hamline School of Law

Standards For Health Care Decision-Making: Legal And Practical Considerations, A. Kimberley Dayton

Faculty Scholarship

This Article explores the guardian’s role in making, or assisting the ward to make, health care decisions, and provides an overview of existing standards and tools that offer guidance in this area. Part II outlines briefly the legal decisions and statutory developments assuring patient autonomy in medical treatment, and shows how these legal texts apply to and structure the guardian’s role as health care decision-maker. Part III examines the range of legal and practical approaches to such matters as decision-making standards, determining the ward’s likely treatment preferences, and resolving conflicts between guardians and health care agents appointed ...


Municipal Elder Law: A Minnesota Perspective, A. Kimberley Dayton, Israel (Issi) Doron 2012 Mitchell Hamline School of Law

Municipal Elder Law: A Minnesota Perspective, A. Kimberley Dayton, Israel (Issi) Doron

Faculty Scholarship

The field of elder law has developed dramatically over the past several decades and is primarily regarded as a creature of state and federal law. This area of law will be of paramount importance in the coming years as the elderly population continues to increase dramatically. Indeed, nearly every community in the United States will undoubtedly be impacted in some way by the influx of older residents. Notably, however, the effect of an aging society will impact each local community differently. For these reasons, Professors Kimberly Dayton and Israel (Issi) Doron sought to examine the role that municipal elder law ...


Thinking Locally: Law, Aging And Municipal Government: Findings From A National Survey, A. Kimberley Dayton, Israel (Issi) Doron 2012 Mitchell Hamline School of Law

Thinking Locally: Law, Aging And Municipal Government: Findings From A National Survey, A. Kimberley Dayton, Israel (Issi) Doron

Faculty Scholarship

Municipal law, which has been largely ignored in the body of elder-rights scholarship, often plays a far more important role in the everyday lives of older persons than the principally aspirational concepts of international law. Accordingly, this article examines how well modern cities have fulfilled their potential role in assuring the civil and human rights of older persons. The author concludes, based on the results of a national study, that local law is not currently fulfilling its potential as a means to expand the rights of older citizens. Few cities across the country appear to have taken more than minor ...


Better Equity For Elders: Basing Couples' Economic Relations Law On Sharing And Caring, Alicia Kelly 2011 Widener Law

Better Equity For Elders: Basing Couples' Economic Relations Law On Sharing And Caring, Alicia Kelly

Alicia B. Kelly

This essay considers how to achieve better equity in aging through laws governing couples' economic relations. Focusing on family law's contributions to economic vulnerabilities among older people, I critique contemporary law for its hyper-individualistic conception of intra-couple relationships and also for its too narrow and marriage-centric approach to regulating couples' collaborative economic activities. These deficits contribute to inequalities between men and women and between married and unmarried couples. Modern couple's law frequently disadvantages women by neglecting the value and impacts of sharing and caring behaviors within the family. This helps impoverish women across the life cycle, often acutely ...


Black Lung Benefits And Constitutional Challenges: The Byrd Amendments To The Black Lung Benefits Act; And The Kentucky Consensus Procedure, Mel Cousins 2011 Glasgow Caledonian University

Black Lung Benefits And Constitutional Challenges: The Byrd Amendments To The Black Lung Benefits Act; And The Kentucky Consensus Procedure, Mel Cousins

Mel Cousins

This note discusses two recent issues where legislation concerning benefits for coal workers affected by pneumoconiosis (black lung) was challenged under the US Constitution, including issues of due process, equal treatment and the takings clause. Congress has recently restored earlier legislation making it easier for the survivors of workers affected by black lung to qualify for federal benefits. Several courts of appeal have upheld this legislation against constitutional challenges from employers holding that it is neither in breach of the employers’ due process rights nor a taking within the meaning of the Fifth Amendment to the Constitution. In contrast, the ...


Equal Protection, Workers Compensation And Offset Of Benefits (Again) – Caldwell V Maco Workers Compensation And Caputo V Workers’ Compensation Appeal Board (Commonwealth Of Pennsylvania), 2011 Selected Works

Equal Protection, Workers Compensation And Offset Of Benefits (Again) – Caldwell V Maco Workers Compensation And Caputo V Workers’ Compensation Appeal Board (Commonwealth Of Pennsylvania)

Mel Cousins

As noted in an earlier article, one issue which has received considerable attention in terms of equal protection challenges in US courts is that concerning the offset of one type of social security benefits with worker’s compensation payments. The Supreme Court in Richardson v Belcher upheld the reduction in social security disability insurance because of receipt of a state worker’s compensation payment as rationally based and free from invidious discrimination. The Court and various federal courts of appeals have subsequently shown little interest in subjecting such offset provisions to more than a minimal level of scrutiny. State courts ...


Summary Of Mass State Pension Reform Law Chapter 176 Of The Acts Of 2011, Ellen A. Bruce 2011 University of Massachusetts Boston

Summary Of Mass State Pension Reform Law Chapter 176 Of The Acts Of 2011, Ellen A. Bruce

Pension Action Center Publications

Massachusetts passed significant changes to its public pension system meant to create cost savings for the state and to encourage employees to work longer. Most of the changes apply only to people hired after April 2, 2012. This summarizes the most important changes.


The Elder Economic Security Initiative™ Program: The Elder Economic Security Standard™ Index For Wisconsin, Jan E. Mutchler, Alison Gottlieb, Ellen A. Bruce, Laura Henze Russell 2011 University of Massachusetts Boston

The Elder Economic Security Initiative™ Program: The Elder Economic Security Standard™ Index For Wisconsin, Jan E. Mutchler, Alison Gottlieb, Ellen A. Bruce, Laura Henze Russell

Jan Mutchler

This report addresses income adequacy for Wisconsin’s older adults using the WOW-GI Elder Economic Security Standard Index (the Index) methodology. The Index benchmarks basic costs of living for elder households and illustrates how costs of living vary geographically and are based on the characteristics of elder households, including household size, home ownership or renter status, and health status. The costs are based on market costs for basic needs of elder households and do not assume any public or private supports.


Elder Economic Security Initiative: The Elder Economic Security Standard For Massachusetts, Laura Henze Russell, Ellen A. Bruce, Judith M. Conahan 2011 University of Massachusetts Boston

Elder Economic Security Initiative: The Elder Economic Security Standard For Massachusetts, Laura Henze Russell, Ellen A. Bruce, Judith M. Conahan

Ellen Bruce

What is an adequate income for older adults in Massachusetts to age in place? How does it vary according to where they live, and their life circumstances: whether they are living alone or with a spouse, rent or own their home, drive a car or use other transportation? How do elders’ living costs change as their health status and life circumstances change? What happens if they need long-term care to keep living at home? This report will address these questions through the development of a measure of income adequacy for older adults using the WOW-GI National Elder Economic Security Standard ...


The Elder Economic Security Initiative™ Program: The Elder Economic Security Standard™ Index For Wisconsin, Jan E. Mutchler, Alison Gottlieb, Ellen A. Bruce, Laura Henze Russell 2011 University of Massachusetts Boston

The Elder Economic Security Initiative™ Program: The Elder Economic Security Standard™ Index For Wisconsin, Jan E. Mutchler, Alison Gottlieb, Ellen A. Bruce, Laura Henze Russell

Ellen Bruce

This report addresses income adequacy for Wisconsin’s older adults using the WOW-GI Elder Economic Security Standard Index (the Index) methodology. The Index benchmarks basic costs of living for elder households and illustrates how costs of living vary geographically and are based on the characteristics of elder households, including household size, home ownership or renter status, and health status. The costs are based on market costs for basic needs of elder households and do not assume any public or private supports.


On The Edge: Facing A Challenging And Uncertain Future. Elder Economic Security Standard™ For The Boston Area, Laura Henze Russell, Ellen A. Bruce, Judith M. Conahan 2011 University of Massachusetts Boston

On The Edge: Facing A Challenging And Uncertain Future. Elder Economic Security Standard™ For The Boston Area, Laura Henze Russell, Ellen A. Bruce, Judith M. Conahan

Ellen Bruce

What is an adequate income for older adults in the Boston area to age in place? How does it vary according to their life circumstances: whether they are living alone or with a spouse, rent or own their home, drive a car or use other transportation? How do Boston area elders’ living costs change as their health status and life circumstances change? What happens if they need long-term care to keep living at home? This report will address these questions through the development of a measure of income adequacy for older adults, the Elder Economic Security Standard (Elder Standard). The ...


The Elder Economic Security Initiative™ Program: The Elder Economic Security Standard™ Index For Illinois, Laura Henze Russell, Ellen A. Bruce 2011 University of Massachusetts Boston

The Elder Economic Security Initiative™ Program: The Elder Economic Security Standard™ Index For Illinois, Laura Henze Russell, Ellen A. Bruce

Ellen Bruce

This report will address the question of income adequacy for Illinois’ older adults using the national WOW-GI National Elder Economic Security Standard Index (the Index) methodology. The Index will benchmark basic costs of living for elder households. It will illustrate how costs of living vary geographically and are based on the characteristics of elder households: household size, homeownership or renter, mode of transportation, and health status. The costs are for basic needs of elder households; they are based on market costs and do not assume any subsidies.


The Elder Economic Security Initiative™ Program: The Elder Economic Security Standard™ Index For Pennsylvania, Laura Henze Russell, Ellen A. Bruce 2011 University of Massachusetts Boston

The Elder Economic Security Initiative™ Program: The Elder Economic Security Standard™ Index For Pennsylvania, Laura Henze Russell, Ellen A. Bruce

Ellen Bruce

This report will address the question of income adequacy for Pennsylvania’s older adults using the WOW-GI National Elder Economic Security Standard Index (the Index) methodology. The Index will benchmark basic costs of living for elder households. It will illustrate how costs of living vary geographically and are based on the characteristics of elder households: household size, homeownership or renter, mode of transportation, and health status. The costs are for basic needs of elder households; they are based on market costs and do not assume any subsidies.


Financial Exploitation Of The Elderly, Diane E. Hoffmann, Roger Wolf 2011 University of Maryland School of Law

Financial Exploitation Of The Elderly, Diane E. Hoffmann, Roger Wolf

Diane Hoffmann

No abstract provided.


Achieving Quality And Responding To Consumers - The Medicare Beneficiary Complaint Process: Who Should Respond?, Diane E. Hoffmann, Virginia Rowthorn 2011 University of Maryland School of Law

Achieving Quality And Responding To Consumers - The Medicare Beneficiary Complaint Process: Who Should Respond?, Diane E. Hoffmann, Virginia Rowthorn

Diane Hoffmann

No abstract provided.


Restitution For Wrongs And The Restatement (Third) Of The Law Of Restitution, James S. Rogers 2011 Boston College Law School

Restitution For Wrongs And The Restatement (Third) Of The Law Of Restitution, James S. Rogers

James S. Rogers

The law of restitution has been the forgotten step-child of American private law for many decades. The American Law Institute’s current project to produce a new restatement of the law of restitution holds the promise of bringing the subject to the foreground and removing some of the confusion that many lawyers and judges feel in approaching the topic. One of the important issues that must be addressed in any comprehensive treatment of the law of restitution is how to treat those areas where the possibility of recovery based on the unjust enrichment principle overlaps with recovery based on the ...


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