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Elder Law: Practice, Policy, and Problemsis designed with the teacher and learner in mind. It combines a client-focused approach with in-depth discussions of elder law related policy issues. Designed to be simultaneously practical and theoretical, it provides students with specific legal knowledge and a conceptual framework for understanding key issues facing older adults and the attorneys who represent them. The author’s narrative frames a series of primary materials including cases, statutes, regulations, and sample documents, as well as excerpts from articles designed to stimulate student thinking and discussion. Problems and hypothetical exercises—many of which relate to client counseling—ask students to imagine themselves in the role of the elder law attorney, and to describe how they would handle various scenarios, such as a client meeting. In addition, questions in each section prompt students to critique key policies and thereby test their understanding of those policies. New to the Second Edition: Comprehensive updates that capture changes in law and policy, including major revisions to nursing home regulations, new developments in guardianship law, and an emerging line of cases on age discrimination in hiring New coverage of: family caregiving and caregivers’ rights “Gray divorce” and its implications for policy design and planning Supported decision-making Social service interventions that address elder abuse Professors and students will benefit from: Very clearly organized content A client-centered approach Integrated discussion of policy and current issues supported by relevant cases, statutes, regulations, sample documents, and commentaries. All relevant statutory material being within the casebook, meaning there is no need to require a separate statutory supplement Practice problems of varying difficulty that encourage students to apply what they are learning to realistic client-focused hypothetical scenarios Questions throughout the text that prompt critical thinking, and prepare students to engage in classroom discussion Exercises that can be used for either independent or in-class assignments
This specialized and complex field of health law requires a thorough grounding in the basics, and Fundamentals of Health Law, 5th Edition, provides that grounding like no other book on the market does. This new edition has been thoroughly revised and made current to cover the basic issues of health law practice, from patient to facility issues, from permits and regulation issues to compliance and investigation issues, and includes issues raised by new laws, regulations and guidelines promulgated since the fourth edition in 2008, including the Affordable Care Act (ACA). This publication covers fundamental legal principles and issues to assist: * New Practitioners or experienced attorneys entering their first years of health-law practice; * Professors of health law searching for a comprehensive text for their students; and * Users of any law library looking for answers on the health law resource shelf.
Written specifically for those in the state of Maryland (or studying Maryland estate planning), The Fundamentals of Estate Planning provides a unique opportunity to bring the practical aspect of estate planning into the classroom. The casebook provides text, relevant Maryland and Federal Statutes, forms and checklists used to interview and draft estate planning documents. Major topics include drafting of wills, testamentary trusts, inter vivos trusts, powers of attorney and advance medical directives for tax sensitive and non-tax sensitive client scenarios. Additionally, the casebook provides an overview of the ancillary issues including elder law, Medicaid, guardianship, estate administration and will caveats. The book is accompanied by a CD which contains sample forms.
"In New York State alone there are well over 10,000 attorneys that are involved in trust drafting, tax planning, estate planning, trust accounting, trust litigation and elder law planning, but very few local bar associations in New York State have any material on this particular subject area ... until now. Many New York attorneys need a manual on the trust accounting income and principal rules from a practical application standpoint. This is especially true today because many attorneys draft trust documents. An attorney involved in drafting trusts in New York State has to be aware of the trust accounting rules that are applicable to a trust that is subject to New York State trust laws. This knowledge is especially important if he or she acts as trust counsel to the trust that he or she created. In addition, many trustees submit trust accountings to the trust beneficiaries. The failure of the attorney to know the trust accounting rules for the trust he or she created could result in headaches and liability issues for the attorney. Many practitioners in New York State may not realize that the New York trust laws regarding accounting income and principal have been completely revamped. The initial effective date of the revised laws was January 1, 2002 and is retroactive to all trusts that were in existence on that date and/or any date thereafter. Significant changes to these rules were made in August 2008 as well. The revamped New York State trust laws have three elements: the Uniform Principal and Income Act (UPAIA), the power to adjust (PTA) and the unitrust conversion. Any practitioner who is involved in trust drafting or trust litigation, or who prepares fiduciary income tax returns or trust accountings, must become aware of these revised trust rules in order to avoid potential malpractice and/or ethics issues"--Unedited summary from book cover.
Outlining the basics of construction law, this guide explains the major principles of construction law in a logical, useful format. A must-have for any lawyer practicing in the area, particularly those new to the field, chapters are written by some of the best and most experienced practitioners in construction law. Covering the subjects at the heart of every construction project and dispute, chapter authors offer critical perspective by explaining the views and roles of key parties, including owner, designer, contractor, and surety. In addition to discussing important contract provisions, other topics include insurance, scheduling, government contracts, defects, damages, and ADR.
The second edition of this casebook continues to provide the fundamentals for a lively, contemporary course in elder law. It emphasizes illustrative factual cases and statutes, and is supported by materials from elder law practitioners and statistical data. It is distinctive in its emphasis upon state and federal court decisions, not simply a recitation of statutory provisions. Elder law is of burgeoning historical and social importance. Statistics indicate that by 2030, one-fifth of all Americans will be 65 or older, and each day 10,000 persons turn 65. Among the legal issues pertinent to an aging population are estate planning objectives in the context of possible incapacity, integrating nonprobate and probate transfers, asset protection planning, philanthropy and dynasty options, and beneficial tax planning. Statutory changes establish guidance for personal health care decision-making and designations of guardians and surrogates to exercise authority when needed. Clients and institutions require legal assistance to navigate federal benefits such as Medicare, Social Security, Veterans Benefits, and the interaction of state-federal Medicaid opportunities. Statistics also indicate that almost two-thirds of all individuals over age 65 will need some form of long-term care. The cost of this care can be as little as $1,000 a month for simple help around the house, but at least $15,000 to $20,000 a month is needed for continual care by health care professionals. This edition continues the discussion on ageism, the pandemic of elder abuse in all its forms, and discrimination in housing and employment.
Encompasses Uniform Federal law & unique aspects of Maryland laws.