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)

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.

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, 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)

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, 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, 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)

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)

Morgan describes how a federal trial in Connecticut on observation status was recently concluded. According to the Center for Medicare Advocacy, since 2011, the organization "has been pursuing a nationwide class action lawsuit seeking an appeal for Medicare beneficiaries who are classified as hospital outpatients in observation status." Reportedly, "The Alexander trial was held before … Continue reading Morgan, Medicare Observation Status: Post-Trial Report

A recent US Appeals Court decision regarding Anderson v. Ghaly held that "nursing home residents may sue the state after their nursing homes refused to readmit them and the state did not enforce readmission orders." In the case, three nursing home residents were transferred to a hospital and, afterwards, were refused re-admittance to their nursing … Continue reading Elder Law Answers: Ninth Circuit Rules Nursing Home Residents Can Sue the State Over Refusing to Enforce Readmission Orders (Anderson v. Ghaly (9th Cir., No. 16-16193, July 18, 2019))

Katherine C. Pearson & David Sarcone, have made available for download their article, Pearson & Sarcone, Ongoing Challenges For Pennsylvania Continuing Care And Life Plan Communities , published in the Pennsylvania Bar Association Quarterly (Jan. 2019). The Abstract is as follows: The senior living industry, through a key trade organization, LeadingAge, (for- merly American Association … Continue reading Pearson & Sarcone, Ongoing Challenges For Pennsylvania Continuing Care And Life Plan Communities

The National Center on Law & Elder Rights has made available for download their "10 Tips for Guardians of Older Adults." According to The National Center, When courts appoint a family member or friend as a guardian or conservator of an adult, the guardian is sometimes left with minimal training on their new role. The … Continue reading David Godfrey (National Center on Law & Elder Rights), 10 Tips for Guardians of Older Adults (June 2019)