Elder Law Answer Book


Book Description

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




Ettinger on Elder Law Estate Planning


Book Description

"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.




Elder Law


Book Description

Elder Law: Practice, Policy, and Problems is 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


Book Description

Elder Law: Cases and Materials, Sixth Edition, is thoroughly updated for use by veteran professors and newcomers in the field. It covers the government programs Medicare, Medicaid, and Social Security, employer pensions, age discrimination, health and long term care quality, housing options, guardianship and alternatives, elder abuse and financial exploitation, and health care decision making. As in past editions, ethical issues relating to mental capacity and family representation are introduced, then explored in subsequent chapters. Through expanded explanations, students are encouraged to grasp the frameworks of such complex programs as Medicare and Medicaid. Questions and hypothetical problems, with answers provided to the teacher, will stimulate student discussion of underlying elder law policies and strategies of practice. These provide regular opportunities to assess student comprehension. New material beginning in the first chapter recognizes the implications of greater longevity among those who are approaching old age, and how their lifestyles differ from 20th century expectations. Always of note, the chapter "Paying for Long Term Care", presents the federal rules governing eligibility and limitations of Medicaid coverage for the cost of nursing home care, the heart of Medicaid planning. The chapter also describes desirable alternatives to Medicaid long term care, based on making an elder's assets last a lifetime. The chapter "Health Care Decision making" describes evolving attitudes and law on physician assisted dying, given the growing number of states providing this option to citizens. This book also is available in a three-hole punched, alternative loose-leaf version printed on 8.5 x 11 inch paper with wider margins and with the same pagination as the hardbound book.




Recent Developments in Elder Law


Book Description

Recent Developments in Elder Law provides an authoritative, insiders perspective on the latest issues that elder law attorneys face. Featuring experienced partners from around the country, this book guides the reader through todays elder law environment, analyzing the impact of the economic crisis, changing health care regulations and reforms, trends in retirement planning, the rise in litigation, and the latest concerns involving government programs such as Medicare and Medicaid. From the initial client meeting and working with government agencies to recent changes in necessary documentation and common problems with long-term care facilities, these top lawyers share proven tips for creating a successful elder law strategy. Additionally, these authors discuss the role of the elder law attorney, valuable resources to rely on, and the challenges posed by the growing baby boomer generation. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these lawyers offer up their thoughts on the keys to success within this emotionally-charged field.




Planning To Keep It


Book Description

Listen to Lawrence if you are Planning to Keep It, is exactly as its subtitle states: An explanation of Elder Law Planning for New Yorkers. Clear and concise with some humor sprinkled in to offset this sometimes daunting topic, the book covers five major concepts: ∙ the role and importance of long-term care insurance ∙ the role and importance of Medicaid eligibility ∙ planning to save your home and other assets ∙ other important documents for your elder law plan and will and trust add-ons you may need. Lawrence Davidow, a New York Elder Law Attorney, who was one of the first to concentrate in this area on Long Island, explains the basic concepts of Elder Law Planning and then presents the tools available to best deal with these challenges. This is not a do-it-yourself guide to Elder Law Planning, but it is the first step to understanding what may come along with the process of aging and learning about the different solutions that could be used to protect and preserve dignity, independence, assets and the emotional wellness of everyone involved. Take a look at what his clients are saying... "We procrastinated with our planning for years and now that you have led us through the process, we are sorry we waited so long and we don't know how to thank you!" -J.H. Holbrook "Lawrence, you took the time to explain our options and answer all our questions in a way that we could truly understand, and for that, we thank you." -J.G. Babylon The "Listen to Lawrence" model where Lawrence Davidow educates and enlightens his audiences has grown from local Listen to Lawrence seminars to a widely distributed electronic newsletter (The Listen to Lawrence Letter) that answers commonly asked questions to a Listen to Lawrence podcast series and now this Listen to Lawrence book. Reading Listen to Lawrence if you are Planning to Keep It will help you realize: ∙ the best you can do is plan for the worst and hope for the best! ∙ how a little bit of planning and preparation goes a long way in making the later years of life far less trying. ∙ how to ease the stress and anxiety you may feel about the uncertainties of growing old and about the level of care you may need. ∙ how careful planning becomes more important as you age, not less so, because change comes swiftly and suddenly and your ability to adapt to change diminishes. Lawrence Eric Davidow is an Elder Law Attorney helping older people and their families with the legal issues they face as they age. What he knows really makes a difference in people's lives. What he knows eases burdens, increases quality of life, protects assets and provides peace of mind.




Representing the Elderly Client


Book Description

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.




Elder Law in Maryland


Book Description

Encompasses Uniform Federal law & unique aspects of Maryland laws.




Geriatrics and the Law


Book Description

"The updated Third Edition of Geriatrics and the Law by the leading scholar in law and old age belongs on the desk of every hospital and long-term care administrator, Director of Nursing, and Medical Director. It is the most comprehensive volume available on the topic. The book provides clearly written legal and ethical principles and their implications and applications."--Elias S. Cohen, JD, Executive Director, Community Services Systems, Inc. Significant changes in the law are affecting patients' rights and professionals' responsibilities in providing clinical services to the elderly. This edition of Kapp's successful text continues to inform and sensitize health care professionals about the legal issues, and offers practical advice and guidance to practitioners in a variety of disciplines. The text has been thoroughly updated and, where appropriate, expanded. Topics woven into each chapter include: implications of the relevant statutes, regulations, judicial opinions, private guidelines, and discussion of new laws. This practical book is a valuable and useful resource for practitioners, health care students, and educators. It contains extensive references and a helpful Appendix of Resources.




A Lawyer's Guide to Elder Law with Forms


Book Description

"This text is intended to provide a helpful introduction to the basics of what is today known as elder law"--