Elder Law

Elder Law is designed to introduce the realities of a modern elder law practice in serving the needs of America’s growing elderly population. Each chapter explains the development of important case and statutory law within an historical perspective while offering an expansive review of elder law terminology. Well-organized, and easy-to-read, the material appeals to a wide audience with or without a legal background. Practical assignments, such as hypotheticals, Elder Law Practice scenarios and Ethics Alert problems focus on real-world insights. Elder Law covers the wide array of overlapping topics and challenges facing elder law legal professionals today. Essential elder law topics covered include advance directives, wills, guardianship and conservatorship issues, Medicaid and Medicare planning, long-term care planning, financial planning and trusts, housing options, physical and financial elder abuse, age discrimination, grandparents rights, love and marriage. In addition, mental and physical health concerns of an aging population are considered.

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The Medicaid Handbook 2008 – Protecting Your Assets From Nursing Home Costs

The Medicaid Handbook – 2008 edition, by elder law attorney Sean W. Scott, provides valuable information and guidance on using Medicaid to pay for nursing home care. The Medicaid Handbook explains the complex Medicaid eligibility process in simple, easy-to-understand language. It contains illustrations and diagrams of key concepts and areas of interest including income trusts, spousal diversion and look-back periods. The text describes the legal ways to avoid being impoverished by the costs of nursing home care and still qualify for benefits. The reader will learn how to overcome the barriers to accessing the Medicaid program in order to protect their savings, their house, car, and way of life. This guide makes simple the complex subject of how to qualify for nursing home Medicaid. The 2008 edition contains up-to-date information as well as the most recent federal Medicaid law changes. It contains specific information on Medicaid’s financial eligibility requirements for all 50 states.The Medicaid Handbook – 2008 edition, by elder law attorney Sean W. Scott, provides valuable information and guidance on using Medicaid to pay for nursing home care. The Medicaid Handbook explains the complex Medicaid eligibility process in simple, easy-to-understand language. It contains illustrations and diagrams of key concepts and areas of interest including income trusts, spousal diversion and look-back periods. The text describes the legal ways to avoid being impoverished by the costs of nursing home care and still qualify for benefits. The reader will learn how to overcome the barriers to accessing the Medicaid program in order to protect their savings, their house, car, and way of life. This guide makes simple the complex subject of how to qualify for nursing home Medicaid. The 2008 edition contains up-to-date information as well as the most recent federal Medicaid law changes. It contains specific information on Medicaid’s financial eligibility requirements for all 50 states.

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Legal Aspects of Elder Care

Planning, providing, and evaluating geriatric care raises a wide variety of legal issues for health and human services practitioners and those who advocate for, develop, and enforce the public policies within which services are delivered. This text offers excerpts from selected statutes and regulations, judicial opinions, and the legal and health care journal literature, as well as commentary on these materials, discussion questions and hypothetical cases, and suggestions of other information sources for the teacher and student. Ideal for courses or programs in health administration, nursing, law, ethics, social work, or gerontology, this text will stimulate class reflection and interaction regarding the meaning and relevance of key legal concepts for the present or future health care professional. For the healthcare professional, it will inform and sensitize those who will deal with older persons about some of the current and potentially emerging legal issues they may encounter in providing services to older patients/clients, and to help them respond intelligently to legal issues and the responsibilities they impose.

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Elder Law Blog

Law specialists, journalists, product developers, market analysts, technology experts and other professionals share their insights on elder law.

Kindle blogs are fully downloaded onto your Kindle so you can read them even when you’re not wirelessly connected. And unlike RSS readers which often only provide headlines, blogs on Kindle give you full text content and images, and are updated wirelessly throughout the day.

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Elder Law: Selected Statutes and Regulations

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Seneca the Elder: Declamations, Volume II, Controversiae, Books 7-10. Suasoriae. Fragments (Loeb Classical Library No. 464)

Roman secondary education aimed principally at training future lawyers and politicians. Under the late Republic and the Empire, the main instrument was an import from Greece: declamation, the making of practice speeches on imaginary subjects. There were two types of such speeches: controversiae on law-court themes, suasoriae on deliberative topics. On both types a prime source of our knowledge is the work of Lucius Annaeus Seneca, a Spaniard from Cordoba, father of the distinguished philosopher. Towards the end of his long life (?55 BCE–?40 CE) he collected together ten books devoted to controversiae (some only preserved in excerpt) and at least one (surviving) of suasoriae. These books contained his memories of the famous rhetorical teachers and practitioners of his day: their lines of argument, their methods of approach, their idiosyncrasies, and above all their epigrams. The extracts from the declaimers, though scrappy, throw invaluable light on the influences that coloured the styles of most pagan (and many Christian) writers of the Empire. Unity is provided by Seneca’s own contribution, the lively prefaces, engaging anecdote about speakers, writers and politicians, and brisk criticism of declamatory excess.

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How to Protect Your Family’s Assets from Devastating Nursing Home Costs: Medicaid Secrets (5th edition)

Written by an elder law attorney with over 25 years of experience, this book will help anyone with a family member faced with a long-term stay in a nursing home who wishes to preserve at least some of their assets by qualifying for the Medicaid program. You don’t have to be broke to qualify! For the first time ever, the inside secrets of high-priced estate planning and elder law attorneys are revealed. Includes a summary of all income and asset rules for both married and single individuals, together with numerous examples and several case studies, which take the reader through the same thought processes that an experienced elder law attorney would go through when analyzing a real-life client’s situation. The book includes tips on: how to title your home so you do not lose it to the state; how to make transfers to family members that won’t disqualify you from Medicaid; how annuities make assets “disappear”; smart tricks for “spending down” your assets; what to change in your will to save thousands of dollars if your spouse ever needs nursing home care; avoiding the state’s reimbursement claim following the nursing home resident’s death; and much more. The 2011 Fifth Edition has been expanded, revised, and completely updated to incorporate all changes in the law as of January 1, 2011, and includes two chapters on Veterans’ benefits.

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Elder Law: Cases and Materials

The Fourth Edition of Elder Law integrates new developments in law and policy into the familiar framework of past editions. A mix of the specific and the general, the book examines the response of our society to an aging population, the legal rights of the elderly, and the legal, economic, and health challenges of the elderly. The authors use carefully edited classic and new cases, excerpts from the experts, and descriptive commentary to challenge and instruct students. Questions and problems provide the instructor an opportunity to query students and expand their understanding of the material.

The perspectives of legal practice and legislative development receive due attention in chapters that cover income and employment, housing and supportive services, nursing home quality and costs, substitute health and final decision making, and elders and crime. The broad scope of the book builds on foundational legal education in property rights, civil and human rights, and government action, while permitting the teacher the opportunity to supplement or expand upon the material.

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Frolik and Kaplan’s Elder Law in a Nutshell, (In a Nutshell (West Publishing))

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.

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Ettinger on Elder Law Estate Planning

“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 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.

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