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)

Elder Law Prof Blog: Guardians’ Role in Fighting Elder Abuse (March 16, 2021)

Rebecca C. Morgan, of Stetson University College of Law, has made available for download her article, "Guardians' Role in Fighting Elder Abuse," which contains a factsheet released by the National Center on Elder Abuse, titled "Role of Guardian Standards in Addressing Elder Abuse." The article begins as follows: Check out this new factsheet from the National … Continue reading Elder Law Prof Blog: Guardians’ Role in Fighting Elder Abuse (March 16, 2021)

Nina A. Kohn: Legislating Supported Decision-Making (January 18, 2021)

Nina A. Kohn, of Syracuse University — College of Law and Yale Law School, has made available for download her article, “Legislating Supported Decision-Making,” published in the Harvard Journal on Legislation, Forthcoming 2021. The abstract is as followed: Supported decision-making is a process by which individuals who might otherwise be unable to make their own decisions do so with … Continue reading Nina A. Kohn: Legislating Supported Decision-Making (January 18, 2021)

Wendy Hoey Sheinberg (Rivkin Radler LLP): Conservatorships And Guardianships: They’re Not Just For Pop Icons (February 12, 2021)

Wendy Hoey Sheinberg, of Rivkin Radler LLP, has written an article published in JDSUPRA, "Conservatorships And Guardianships: They’re Not Just For Pop Icons," which discusses what guardianships entail and how proper planning can help individuals avoid needing one. Written in the context of recent news surrounding the conservatorship of Britney Spears, the article's abstract is … Continue reading Wendy Hoey Sheinberg (Rivkin Radler LLP): Conservatorships And Guardianships: They’re Not Just For Pop Icons (February 12, 2021)

David Orentlicher: Cruzan and Surrogate Decision-Making (September 10, 2020)

David Orentlicher, of the University of Nevada, Las Vegas, William S. Boyd School of Law, has made available for download his article, "Cruzan and Surrogate Decision-Making," published in the SMU Law Review, Vol. 73, No. 1, 2020. The abstract is as followed: When the U.S. Supreme Court issued its landmark “right to die” decision in Cruzan v. Director, Missouri Department … Continue reading David Orentlicher: Cruzan and Surrogate Decision-Making (September 10, 2020)

COVID-19 Resources for Guardians (Elder Law Prof Blog – May 11, 2020)

The Elder Law Prof Blog provides links to websites with COVID-19 Resources for Guardians. Their post begins as follows: With stay at home orders and LTC facilities prohibiting outside visitors, how do guardians discharge their duties?  The National Guardianship Association (NGA), along with the ABA Commission on Law and Aging, and the National Center for State Courts have compiled a … Continue reading COVID-19 Resources for Guardians (Elder Law Prof Blog – May 11, 2020)

ABA Releases the Mind Your Loved Ones (MYLO) App

The American Bar Association has released a smartphone app, called the Mind Your Loved Ones app, also known as MYLO. According to the ABA, MYLO is a mobile app that gives individuals the ability to store their own and their loved one’s critical medical information, health care directives, and other related data on their Apple … Continue reading ABA Releases the Mind Your Loved Ones (MYLO) App

Venable: Senior Citizens Facing Increased Financial Exploitation (Feb. 14, 2020)

D.E. (Ed) Wilson, Jr., of Venable, has summarized a recent FinCEN study of elder financial exploitation. Mr. Wilson's article begins as follows: The Financial Crimes Enforcement Network (FinCEN), the arm of the U.S. Treasury that administers the anti-money laundering (AML) laws of the United States, just released the results of a six-year (2013-2019) study of "elder financial … Continue reading Venable: Senior Citizens Facing Increased Financial Exploitation (Feb. 14, 2020)

IPB Tax, Trusts & Estates Newsletter: October 2019 Edition

Ivins Phillips Barker published its October installment of the Tax, Trusts, and Estates newsletter. The following articles are included within this edition: Recent Developments: Income Taxes and Real Property Interests - IRS guidance on the Section 199A 20% pass-through deduction and two New York cases upholding double taxation for individuals domiciled outside of NY offer opportunities … Continue reading IPB Tax, Trusts & Estates Newsletter: October 2019 Edition

Age, Equality, and Vulnerability by Alexander A. Boni-Saenz (Dec. 3, 2019)

Alexander Boni-Saenz has made his paper, Age, Equality, and Vulnerability, available for download. This article is published as a research paper at the Chicago-Kent College of Law. The abstract of the article, available on SSRN, reads as follows: This Article uses age as an entry point for examining how temporal and methodological issues in egalitarianism … Continue reading Age, Equality, and Vulnerability by Alexander A. Boni-Saenz (Dec. 3, 2019)