[eBook] [PDF] Elder Law for Paralegals, 1st Edition By Laural A. Vietzen

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Front Matter EDITORIAL ADVISORS About Wolters Kluwer Law & Business Preface 1 The Practice of Elder Law Objectives What Is Elder Law? EXHIBIT 1.1: International Perspective on the Aging Populat... ion Examples EXHIBIT 1.2 National Error Rates by Year (dollars in billions)6 Ethical Issues Who Is the Client? Confidentiality and Communication Is the Client Capable of Making Decisions? EXHIBIT 1.3: Rule 1.6: Confidentiality of Information Emotional/Cultural Issues EXHIBIT 1.4: Using Technology to Improve Communication Physical Limitations Cultural/Generational Issues EXHIBIT 1.5: Lorraine Says The Paralegal’s Role EXHIBIT 1.6: Jennifer Says Tip EXHIBIT 1.7: Sources of Client Information Assignments Review Questions In Re: MID-AMERICA LIVING TRUST ASSOCIATES, INC. ACROSS DOWN 2 Advance Directives Objectives Overview: Options Available for Advance Directives Surrogate Decision Making Without Advance Directives Tip Advance Directives Living Wills EXHIBIT 2.1: Terminology EXHIBIT 2.2: 42 U.S.C. 1395cc: Patient Self-Determination Act (PSDA) EXHIBIT 2.3: Doctor Ron Says: The Importance of the Hard Conversation Tip What You Need to Know EXHIBIT 2.4: Arizona Statute7 Powers of Attorney EXHIBIT 2.5: Texas Statutory Powers of Attorney Effective Dates Choosing an Agent Powers Given the Agent Tip Drafting Agent Obligations Example Step-by-Step Guidelines Assignments Review Questions ACROSS DOWN 3 Guardianship/Conservatorship Objectives Guardianship Defined Law Governing Appointment Types of Guardianship Co-Guardians Preliminary Concerns Jurisdiction and Venue Priorities for Appointment EXHIBIT 3.1: Illinois Statute Petition EXHIBIT 3.2: Colorado Statute EXHIBIT 3.3: Sample of a Petition Compliant with Illinois Law Critical Thinking: Who Is Going to Pay for This? Due Process Protections EXHIBIT 3.4: Florida Fee Statute EXHIBIT 3.5: Indiana Statute Determination of Competency Dementia Obligations of Guardian Accounting EXHIBIT 3.6: FLORIDA STATUTES CHAPTER XVIII, Domestic Relations 744.3678 Annual Accounting Exercise of Substituted Judgment EXHIBIT 3.7: Dealing with Cuts in Funding Assignments Review Questions FERNANDEZ V. FERNANDEZ MAGILL V. DRESNER ACROSS DOWN 4 Social Security Objectives Overview of OASDI Participation EXHIBIT 4.1: Social Security Benefits2 Funding EXHIBIT 4.2: Internal Revenue Service Form W-2 Tax Rates as a Percentage of Taxable Earnings4 Are You a FICA Contributor? Entitlement to and Calculation of Retirement Benefits Same-Sex Couples Common-Law Marriage Applying for and Receiving Retirement Benefits Entitlement to and Calculation of Disability Benefits Working with SSA Common Problems Appeals Process EXHIBIT 4.3: Who Can Receive Benefits under SSDI? Partial Sample of Duration of Work Test Chart Recent Work Test EXHIBIT 4.4: Noel Says Assignments Review Questions ANTONSON V. ASTRUE ACROSS DOWN 5 Medical Matters Objectives What Is Geriatric Medicine? EXHIBIT 5.1: Medical Specialty Rankings, 2010: Geriatrics1 HIPAA Medical Team Chiropractor Community Health Worker/Health Educator Dentist Mental Health Professionals Nurses Nutritionist Pharmacists Physician (MD) Physician Assistant (PA) Podiatrist Therapists Vision Effects of Recent Changes in Health Law on Senior Clients Senior Citizen Medical Issues Conditions of the Mind Medical Treatment Issues Medications Care Issues Dehydration and Malnutrition EXHIBIT 5.2: Federal Regulation of Nutrition and Hydration in Skilled Nursing Facilities Falls Driving Wandering EXHIBIT 5.3: Falls10 Glossary of Medical Terminology EXHIBIT 5.4: Attorney Flowers Says Assignments Review Questions ACROSS DOWN 6 Medicare Objectives Overview Part A: Hospital Insurance EXHIBIT 6.1: Medicare Appeals Coverage for Hospital Care EXHIBIT 6.2: 42 CFR 405.1205 Coverage for Nursing Home Care Part B: Medical Insurance Prescription Drug Coverage Supplemental Insurance EXHIBIT 6.3: Lisa Says Assignments Review Questions Bolognese v. Leavitt Frazier v. Johnson ACROSS DOWN 7 Medicaid Objectives Overview Tip Long-Term Care Tip Protecting the Community Spouse EXHIBIT 7.1: State Medicaid Guidelines Transfers, Trusts, “Look-Backs,” and Estate Recovery Example EXHIBIT 7.2: Hardship Waivers2 Example Example Treatment of Income Step-by-Step Medicaid Preparation EXHIBIT 7.3: Kathy Says Assignments Review Questions Bergman v. Bergman ACROSS DOWN 8 Estate Planning Objectives Overview EXHIBIT 8.1: AARP SURVEY: It Seems Like a “No Brainer,” But…1 Intestacy EXHIBIT 8.2: Find Your State Law Documenting the Plan Tip Wills and Codicils EXHIBIT 8.3: Forced Heirship Formalities Probate EXHIBIT 8.4: Maine Statutes Example Challenges EXHIBIT 8.5: Affidavit for Collection of Personal Property Trusts Example Tip Tip EXHIBIT 8.6 Tax Status 2010 TRANSFERS EXHIBIT 8.7: Tina Says Assignments Review Questions Pope v. McWilliams ACROSS DOWN 9 Housing Objectives Aging in Place Resources for Staying in the Home Medicare Coverage of Home Services Reverse Mortgages EXHIBIT 9.1: FBI Reverse Mortgage Alerts2 Cohabitation Leaving the Traditional Home Age-Restricted Housing Rentals and Disabilities Assisted Living and Care Facilities Example Regulation of Nursing Facilities Assessing Quality EXHIBIT 9.2: Compare Definitions Cost and Contracts Example9 Contract Questions EXHIBIT 9.3: Heather Says Assignments Review Questions MOFFETT V. LIFE CARE CENTERS, In re SHEPARD CHANDLER V. OFFICE OF THE INSURANCE COMMISSIONER ACROSS DOWN 10 Abuse, Neglect, and Financial Exploitation Objectives Abuse and Neglect Definitions Causes Perpetrators Caretakers Self-Neglect Signs of Abuse and Reporting Example: Illinois Law9 Financial Exploitation EXHIBIT 10.1: FTC Enforcement Example Example Common Schemes Health Insurance Frauds Telemarketing Fraud Identity Theft Advance Fee, Pyramid, and Ponzi Schemes Home Repair Fraud The Role of Government: Federal EXHIBIT 10.2: Examples of State Programs Funded by AoA in 2007 The Role of Government: State Civil Actions Helping Older Victims Example EXHIBIT 10.3: LaShonda Says Assignments Review Questions CAMPBELL V. THOMAS ACROSS DOWN 11 Financial Matters Objectives Retirement Plans EXHIBIT 11.1: Talk the Talk Tip Annuities Insurance Bank Accounts EXHIBIT 11.2: Assessing Long-Term Care Policies Tax Concerns of Elder Clients Income Family and Caretaker Issues Assignments Review Questions MILLER V. HARTFORD LIFE INSURANCE CO. ACROSS DOWN 12 End-of-Life Issues Objectives Right to Die Surrogate Decisions Versus Patient’s Expressed Wishes Hastening Death Funerals EXHIBIT 12.1: Planning for a Funeral7 Dealing with Grief EXHIBIT 12.2: Amity Says Assignments Review Questions VACCO V. QUILL 13 Family Matters Objectives Overview of Marriage and Divorce Property and Children in Divorce Property Division and Support of Spouse Tip Example Custody and Support of Children Unmarried Couples EXHIBIT 13.1: Washington Statute on Domestic Partnership To Wed or Not to Wed? That Is the Question Prenuptial Agreements EXHIBIT 13.2: Anatomy of a Prenup Grandparents Visitation Grandparents Raising Grandchildren EXHIBIT 13.3: Illinois Statute Example EXHIBIT 13.4: Illinois Program Implementing National Family Caregiver Support Program5 Financing Care of Grandchildren Assignments Review Questions H.K V. DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES ACROSS DOWN 14 Discrimination Objectives ADEA ADEA Waivers Proving Discrimination EXHIBIT 14.1: Age Discrimination in Employment Act, FY1997-FY20091 Enforcement Example ADA Employment Governmental Services and Transportation Public Accommodations Telecommunications Relay Services Other Laws EXHIBIT 14.2: Eric Says Assignments Review Questions WESTERN AIR LINES, INC. V. CRISWELL FARISS V. LYNCHBURG FOUNDRY ACROSS DOWN 15 Veterans Objectives Overview EXHIBIT 15.1: The Federal Government Is a Major Employer of Paralegals1 Process Representation General Eligibility for VA Benefits EXHIBIT 15.2: VA Limits on Attorney Fees Benefit Categories Health Care Disability Compensation Pension EXHIBIT 15.3: Compensation Table2 EXHIBIT 15.4: Greg Says Death and Burial Benefits Other Benefits Assignments Review Questions HITE V. SHINSEKI CROMER V. NICHOLSON ACROSS DOWN Back Matter INDEX [Show More]

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