Beyond Elder Law

All over the world, there is a growing interest in the relationship between law and aging: How does the law influence the lives of older people? Can rights, advocacy and representation advance the social position of the aged and combat ageism? What are the new and cutting-edge frontiers in the field of elder law? Should there be a new international human rights convention in this field? These are only a few of the many questions that arise. This book attempts to answer some of these questions and to set the agenda for the future development of elder law across the globe. Taking into account existing research and knowledge, leading scholars from different continents (North America, Europe, Asia, and Australia) present in this book original and novel ideas regarding the future development of elder law. These ideas touch upon key topics such as elder guardianship, citizenship, mental capacity, elder abuse, human rights and international law, family relationships, age discrimination, and the right to die. This book can thus serve as an important reference work for all those interested in understanding where law and aging are headed, and for those concerned about the future legal rights of older persons.

Why do some people age so "gracefully"? They're the people whose lives seem to fall into place easily as they age. Their physical needs are met, they have plenty of resources with which to enjoy their "golden years"...and when they pass, their children and heirs manage what's "left behind" with seemingly instinctive skill and grace. But we also know far too many people in the opposite place: facing physical needs that overwhelm them, financial obligations that necessitate selling off personal possessions or even their very homes, and stress from children and heirs arguing about "who's going to get what" even before they're gone. How to have the first in your life, and not the second? It all comes down to a plan. The Law of Aging is chock-full of information designed to help you take the important first (and subsequent) steps toward making that plan...and implementing it to suit your needs, your family situations, and your future. With this as your road map and guidebook, you'll be well on your way to that "graceful" aging-and priceless peace of mind-we all want.

Fifty and Beyond is the only inclusive book on the legal problems faced by the millions of individuals over the age of fifty. Intended to serve as a guide for those approaching an important passage in their lives that includes many changes, the book provides clear and easily understood answers to many of the questions that must be addressed as these transitions occur. Written by a nationally recognized expert on elder law and a law school professor, the book covers all of the major issues -- from the decision to retire to death in the family, from estate planning to health care planning, from remarriage in the golden years to the legal problems faced by grandparents. In the book, Hegland and Bogutz cover Social Security, Medicare, and Medicaid, as well as federal and state laws outlawing age and disability discrimination. They also cover such topics as home care and nursing homes, hospice, elder abuse, common scams, housing alternatives and retirement finances. The most important issue addressed in Fifty and Beyond is that of knowing what's coming and what to do about it, as well as where to turn for assistance. Perhaps equally important is the need for communication within the family as to personal preferences for care, medical treatment, and family finances. The book makes law very accessible. The legal principles are well stated and illustrated, and the reader is carried along with humor and even poetry. Readers of this book will have a source of good and practical advice on how to face the changes of later life, as well as have a continuing reference book to consult as new questions arise. "Astoundingly exhaustive in its range of subjects, Fifty and Beyond provides accurate, to-the-point legal advice..." -- Charles Sabatino, ABA Commission on Legal Problems of the Elderly

The ageing population poses a huge challenge to law and society, carrying important structural and institutional implications. This book portrays elder law as an emerging research discipline in the European setting in terms of both conceptual and theoretical perspectives as well as elements of the law.

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: 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