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A wide variety of legal issues surround caring for older individuals. Health and human service practioners need to plan, provide and evaluate geriatric care, while also understanding public policies. Legal knowledge is an essential part of caring for the elderly. Students and professionals must be able to deliver appropriate care while also being aware of any legal, ethical and political issues that may arise. Legal Aspects of Elder Care provides a clear overview of geriatric policies and laws, enabling the reader to use informed decision-making with older clients.
Written by nationally-known elder law practitioners, Robert B. Fleming and Lisa Nachmias Davis, the Elder Law Answer Book gathers the most current legal, regulatory, and practice guidelines from the core topics of elder law, long-term care, estate planning, retirement planning, healthcare decision making, and rights of the elderly -- and presents this information in a thoroughly integrated, easy-access reference. The all-new Third Edition of Elder Law Answer Book helps you render sound advice and give reliable guidance on: Medicaid and Long-Term Care Planning Estate Planning Probate and Trust Administration Special Needs Trusts Medicare And More! Only Elder Law Answer Book delivers and‘How-toand’ explanations of the guiding rule or regulation, along with current citations to the relevant cases and statutesand—including the Deficit Reduction Act Expert legal analysis of the special rules and how they typically apply Detailed information about each of the disparate, but frequently related, aspects of elder law practiceand—age discrimination, nursing home rights, Medicaid and other public benefits programs, as well as traditional estate planning and administration Real-world practice examples that help you implement the applicable rules or guidelines in a wide variety of situations Extensive cross-references to related topicsand—for fast and easy research Index and at-a-glance list of questions that help you zero in on the exact information you are looking for
A wide variety of legal issues surround caring for older individuals. Health and human service practioners need to plan, provide and evaluate geriatric care, while also understanding public policies. Legal knowledge is an essential part of caring for the elderly. Students and professionals must be able to deliver appropriate care while also being aware of any legal, ethical and pilitical issues that may arise. Legal Aspects of Elder Care provides a clear overview of geriatric policies and laws, enabling the reader to use informed decision-making with older clients.
"The updated Third Edition of Geriatrics and the Law by the leading scholar in law and old age belongs on the desk of every hospital and long-term care administrator, Director of Nursing, and Medical Director. It is the most comprehensive volume available on the topic. The book provides clearly written legal and ethical principles and their implications and applications."--Elias S. Cohen, JD, Executive Director, Community Services Systems, Inc. Significant changes in the law are affecting patients' rights and professionals' responsibilities in providing clinical services to the elderly. This edition of Kapp's successful text continues to inform and sensitize health care professionals about the legal issues, and offers practical advice and guidance to practitioners in a variety of disciplines. The text has been thoroughly updated and, where appropriate, expanded. Topics woven into each chapter include: implications of the relevant statutes, regulations, judicial opinions, private guidelines, and discussion of new laws. This practical book is a valuable and useful resource for practitioners, health care students, and educators. It contains extensive references and a helpful Appendix of Resources.
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.
Elder Abuse and Its Prevention is the summary of a workshop convened in April 2013 by the Institute of Medicine's Forum on Global Violence Prevention. Using an ecological framework, this workshop explored the burden of elder abuse around the world, focusing on its impacts on individuals, families, communities, and societies. Additionally, the workshop addressed occurrences and co-occurrences of different types of abuse, including physical, sexual, emotional, and financial, as well as neglect. The ultimate objective was to illuminate promising global and multisectoral evidence-based approaches to the prevention of elder maltreatment. While the workshop covered scope and prevalence and unique characteristics of abuse, the intention was to move beyond what is known about elder abuse to foster discussions about how to improve prevention, intervention, and mitigation of the victims' needs, particularly through collaborative efforts. The workshop discussions included innovative intervention models and opportunities for prevention across sectors and settings. Violence and related forms of abuse against elders is a global public health and human rights problem with far-reaching consequences, resulting in increased death, disability, and exploitation with collateral effects on well-being. Data suggest that at least 10 percent of elders in the United States are victims of elder maltreatment every year. In low- and middle-income countries, where the burden of violence is the greatest, the figure is likely even higher. In addition, elders experiencing risk factors such as diminishing cognitive function, caregiver dependence, and social isolation are more vulnerable to maltreatment and underreporting. As the world population of adults aged 65 and older continues to grow, the implications of elder maltreatment for health care, social welfare, justice, and financial systems are great. However, despite the magnitude of global elder maltreatment, it has been an underappreciated public health problem. Elder Abuse and Its Prevention discusses the prevalence and characteristics of elder abuse around the world, risk factors for abuse and potential adverse health outcomes, and contextually specific factors, such as culture and the role of the community.
This book is about trying to answer questions. These questions were well introduced by Prof. Margaret Hall in the opening of her chapter in this book: “The fundamental idea of ‘law and aging’ as a discrete category of legal principle and theory is controversial: how and why are ‘older adults’ or ‘seniors’ or ‘elders’ (the very terminology is controversial and fraught with difficulties) a discrete and distinct group for whom ‘special’ legal thought and treatment is justified? For some, a category of law and aging is inherently paternalistic, suggesting that older persons are, like children, especially in need of the protection of the law. In this sense, the argument continues, the category itself internalizes ageist presumptions about older adults and is therefore inherently flawed and even harmful. If certain older adults are, because of physical or mental infirmities, genuinely in need of an enhanced level of legal protection, this entitlement should be conceptualized in terms of their disability; older adults are not a distinct group but an arbitrarily delineated demographic category which contains within it any number of groups that are legitimately distinct for the purposes of legal theory (the di- bled; women; persons of colour; Aboriginal persons; rich and poor; etc.) Indeed, the arti- cial category of “older adults” may be seen as obfuscating, submerging these more meaningful distinctions.
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.
Topical listing of 617 selected references to books, chapters, journal articles, and reports published between Jan. 1, 1980, and Aug. 31, 1987. Intended for professional personnel and for the benefit of the older health care consumer. Entries give bibliographical information and annotation. Appendix gives information about sources. Author, subject indexes.