Holland & Knight Alert: California Creates New “Anti-Isolation” Restraining Orders for Elders and Dependent Adults (October 12, 2021)

Robert Barton, Jaime B. Herren, and Vivian M. Rivera of Holland & Knight LLP, have made available for download their article, “California Creates New 'Anti-Isolation' Restraining Orders for Elders and Dependent Adults” published as a Holland & Knight Alert. The article begins as follows: California Gov. Gavin Newsom on Sept. 23, 2021, signed Assembly Bill (AB) … Continue reading Holland & Knight Alert: California Creates New “Anti-Isolation” Restraining Orders for Elders and Dependent Adults (October 12, 2021)

British Columbia Law Institute and Canadian Centre for Elder Care: Study Paper on Health Care Consent and Capacity Assessment Tribunals (April 2021)

British Columbia Law Institute and Canadian Centre for Elder Care have made available for download their article, “Study Paper on Health Care Consent and Capacity Assessment Tribunals”. The abstract is as follows: A finding of mental incapacity to give informed consent to health care, or to decide whether to accept or refuse admission to a … Continue reading British Columbia Law Institute and Canadian Centre for Elder Care: Study Paper on Health Care Consent and Capacity Assessment Tribunals (April 2021)

Leah Mitchell: ABLE Accounts vs. Special Needs Trusts: Which is Better for Your Child With a Disability? (September 22, 2021)

Leah Mitchell, of Chambliss, Bahner & Stophel, P.C., has made available for download her article, “ABLE Accounts vs. Special Needs Trusts: Which is Better for Your Child With a Disability?”, published in JDSUPRA. The abstract is as follows: Any parent of a child with a disability has likely heard of a “special needs trust.” As … Continue reading Leah Mitchell: ABLE Accounts vs. Special Needs Trusts: Which is Better for Your Child With a Disability? (September 22, 2021)

Vox: The Staggering, Exhausting, Invisible Costs of Caring for America’s Elderly (August 26, 2021)

Anne Helen Petersen, of Vox, discusses the struggles that many face while trying to find elder care for older adults. Her article begins as follows: When Laura sent me an email in early August, the first thing she did was apologize. “Please excuse how inelegant and disjointed this will be,” she wrote. “It matches my … Continue reading Vox: The Staggering, Exhausting, Invisible Costs of Caring for America’s Elderly (August 26, 2021)

Chambliss, Bahner & Stophel, P.C.: An Introduction to Supplemental Security Income (SSI) (August 18, 2021)

Chambliss, Bahner & Stophel, P.C. has made available for download their article, “An Introduction to Supplemental Security Income (SSI)”, published in JDSUPRA. The abstract is as follows: Supplemental Security Income (SSI) is a federal program that helps people with disabilities and very low incomes pay for food, clothing and shelter.  It also is a key avenue … Continue reading Chambliss, Bahner & Stophel, P.C.: An Introduction to Supplemental Security Income (SSI) (August 18, 2021)

NY Times (August 23, 2021): Seeking Early Signals of Dementia in Driving and Credit Scores

Paula Span, in her New York Times article, discusses how patterns of everyday behavior might foretell the risk of developing dementia. Her article, “Seeking Early Signals of Dementia in Driving and Credit Scores”, begins as follows: Learning your odds of eventually developing dementia — a pressing concern for many, especially those with a family history of it … Continue reading NY Times (August 23, 2021): Seeking Early Signals of Dementia in Driving and Credit Scores

NY Times (August 9, 2021): Getting Old Is a Crisis More and More Americans Can’t Afford

Michelle Cottle, in her New York Times article, discusses how the overwhelming expenses of growing old have created an unsustainable financial strain on older generations in America. Her article, “Getting Old Is a Crisis More and More Americans Can’t Afford”, begins as follows: Growing old is an increasingly expensive privilege often requiring supports and services that, whether … Continue reading NY Times (August 9, 2021): Getting Old Is a Crisis More and More Americans Can’t Afford

Katherine C. Pearson: Filial Friday? Court Holds Son Liable for Attorneys Fees Incurred While Securing Medicaid Coverage for Father’s NH Care (July 29, 2021)

Katherine C. Pearson, of Penn State's Dickinson Law, has made available for download her article, “Filial Friday? Court Holds Son Liable for Attorneys Fees Incurred While Securing Medicaid Coverage for Father's NH Care”, published on the Elder Law Prof Blog. The abstract is as follows: Pennsylvania courts use "filial" responsibility laws in, shall we say, … Continue reading Katherine C. Pearson: Filial Friday? Court Holds Son Liable for Attorneys Fees Incurred While Securing Medicaid Coverage for Father’s NH Care (July 29, 2021)

Noelle Lussier: Power of Attorney for My Incapacitated Parents – What Are Our Options? (July 22, 2021)

Noelle Lussier, of Burns and Levinson LLP, has made available for download her article, "Power of Attorney for My Incapacitated Parents – What Are Our Options?", published in JDSUPRA. The abstract is as follows: A sensitive and often complicated conversation that individuals have with their aging parents relates to protective measures in the event of … Continue reading Noelle Lussier: Power of Attorney for My Incapacitated Parents – What Are Our Options? (July 22, 2021)

Jeffrey Galvin: Ethics Opinion Guides Lawyers on Counseling Clients with Diminished Capacity (July 6, 2021)

Jeffrey Galvin, of Downey Brand LLP, has made available for download his article, “Ethics Opinion Guides Lawyers on Counseling Clients with Diminished Capacity”, published in JDSUPRA. The abstract is as follows: What are the ethical obligations of a California lawyer for a client with diminished mental capacity?  The ethics committee of the State Bar of … Continue reading Jeffrey Galvin: Ethics Opinion Guides Lawyers on Counseling Clients with Diminished Capacity (July 6, 2021)

Suzy Khimm: Biden’s Pledge to Boost Home Caregiver Funding Excluded From Infrastructure Deal (June 26, 2021)

Suzy Khimm, of NBC News, has made available for download her article, "Biden's Pledge to Boost Home Caregiver Funding Excluded From Infrastructure Deal", published on NBC News. The abstract is as follows: When Morgan Champion brought her 74-year-old father home to live with her, she had little time to prepare. It was early May when … Continue reading Suzy Khimm: Biden’s Pledge to Boost Home Caregiver Funding Excluded From Infrastructure Deal (June 26, 2021)

Rebecca C. Morgan: New Mexico Aid-in-Dying Law in Effect (June 30, 2021)

Rebecca C. Morgan, of Stetson University Law School, has made available for download her article, “New Mexico Aid-in-Dying Law in Effect”, published on the Elder Law Prof Blog. The abstract is as follows: On June 18, 2021, the New Mexico Aid-in-Dying law went into effect, according to an article published in the Albuquerque Journal,  Aid-in-dying law … Continue reading Rebecca C. Morgan: New Mexico Aid-in-Dying Law in Effect (June 30, 2021)

Elder Law Prof Blog: Debt and Elders: GAO Report (June 21, 2021)

Rebecca C. Morgan, of Stetson University College of Law, has made available for download her article, “Debt and Elders: GAO Report,” which brings attention to a GAO report that describes how older Americans today find themselves more in debt. The article begins as follows: This GAO report is a couple of months old, but I think it's … Continue reading Elder Law Prof Blog: Debt and Elders: GAO Report (June 21, 2021)

Phil Galewitz: Pandemic Swells Medicaid Enrollment to 80 Million People, a ‘High-Water Mark’ (June 17, 2021)

Phil Galewitz, Senior Correspondent at KHN, has made available for download his article, “Pandemic Swells Medicaid Enrollment to 80 Million People, a ‘High-Water Mark’”, published on KHN. The abstract is as follows: The pandemic-caused recession and a federal requirement that states keep Medicaid beneficiaries enrolled until the national emergency ends swelled the pool of people … Continue reading Phil Galewitz: Pandemic Swells Medicaid Enrollment to 80 Million People, a ‘High-Water Mark’ (June 17, 2021)

Elder Law Prof Blog: New Elder Justice Resource Guide (June 17, 2021)

Rebecca C. Morgan, of Stetson University College of Law, has made available for download her article, "New Elder Justice Resource Guide," which briefly describes the new Elder Justice Resource Guide released by the New York Courts. The article begins as follows: The New York courts have released a new Elder Justice Resource Guide, "the result of … Continue reading Elder Law Prof Blog: New Elder Justice Resource Guide (June 17, 2021)

Rebecca C. Morgan: Uniform Law on Brain Death (June 15, 2021)

Rebecca C. Morgan, of Stetson University Law School, has made available for download her article, "Uniform Law on Brain Death", published on the Elder Law Prof Blog. The abstract is as follows: Bloomberg recently published an opinion regarding the Uniform Definition of Brain Death, A Scary Plan to Revise the Definition of Death. "People may be less … Continue reading Rebecca C. Morgan: Uniform Law on Brain Death (June 15, 2021)

The Economist: How Many American Children Have Cut Contact With Their Parents? (May 22, 2021)

The Economist has made available for download their article, "How Many American Children Have Cut Contact With Their Parents?", published in the May 22, 2021 edition. The abstract is as follows: Unhappily married for many years, Peter (not his real name) waited until his children were grown up before he divorced their mother. He hoped … Continue reading The Economist: How Many American Children Have Cut Contact With Their Parents? (May 22, 2021)

Kaiser Health News: Judith Graham: Biden Seeks $400 Billion to Buttress Long-Term Care. A Look at What’s at Stake.

Kaiser Health News ran the following story about President Biden's proposal to provide long term care assistance to the elderly. The Kaiser story is as follows (below the line): ------------------------ There’s widespread agreement that it’s important to help older adults and people with disabilities remain independent as long as possible. But are we prepared to … Continue reading Kaiser Health News: Judith Graham: Biden Seeks $400 Billion to Buttress Long-Term Care. A Look at What’s at Stake.

KHN: Katheryn Houghton: Getting a Prescription to Die Remains Tricky Even as Aid-in-Dying Bills Gain Momentum (March 30, 2021)

Katheryn Houghton has published her Kaiser Health News article, titled “Getting a Prescription to Die Remains Tricky Even as Aid-in-Dying Bills Gain Momentum." The summary of the article is as follows: Every session of the biennial Montana state legislature since [2009], a lawmaker has proposed a bill to formally criminalize physician-assisted death. Those who back … Continue reading KHN: Katheryn Houghton: Getting a Prescription to Die Remains Tricky Even as Aid-in-Dying Bills Gain Momentum (March 30, 2021)

Robert Harper: The Resolution of Interstate Adult Guardianship Disputes in New York (March 29, 2021)

Robert Harper, of New York Trusts & Estates Litigation Blog, has published his summary of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (“UAGPPJA”) in his article titled “The Resolution of Interstate Adult Guardianship Disputes in New York.” The summary is as follows: The Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (“UAGPPJA”) is intended to “resolve jurisdiction … Continue reading Robert Harper: The Resolution of Interstate Adult Guardianship Disputes in New York (March 29, 2021)