Law and Aging: Essentials of Elder Law / Edition 2

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Overview

The field of elder law continues to grow and adapt to the changing demographics in this country. Consequently, clients are more focused than ever on planning for the future disposition of their assets:

  • making new wills
  • setting up trusts for their families
  • executing powers of attorney
  • preparing health care proxies
  • writing living wills, and
  • considering other estate planning devices

New laws recently passed by Congress affect every American in the areas of

  • Taxation
  • Patient's rights
  • Entitlement programs

In addition to responses to current trends, Law and Aging has been expanded in this second edition to include chapters on

  • Diseases of the Aging—providing information on the prevalence, treatment, and prevention of diseases that disproportionately affect older persons
  • Love and Marriage Among the Elderly—recognizing that many elderly persons are widowed or divorced and their estates require special consideration.
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Editorial Reviews

From the Publisher

"A very thorough, scholarly presentation of the information with excellent attention to detail. There are a sufficient number of cases and examples, and they do a goad job illustrating the material." — Laura Barnard, Probate Instructor and Attorney

"The second edition magnificently brings the substantive materials up to date, and the entitlements chapter continues to be superb." — Michael A. Pener, Elder Law Instructor and Attorney

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Product Details

  • ISBN-13: 9780131173224
  • Publisher: Prentice Hall
  • Publication date: 7/26/2004
  • Edition description: REV
  • Edition number: 2
  • Pages: 400
  • Sales rank: 1,272,308
  • Product dimensions: 8.00 (w) x 9.90 (h) x 0.90 (d)

Meet the Author

RONALD J. SCHWARTZ, JD, LLM, earned both his Law and Masters degrees from Brooklyn Law School and was admitted to practice before the New York Bar in 1964 and the Florida Bar in 1979. His practice specializes in Estate Planning, Wills, Probate, Guardianships, Trusts, Bio-Medical Ethics, and Representation of the Elderly and their Families in Elder Law Advocacy. He is recognized as a pioneer in the rapidly growing field of elder law.

Mr. Schwartz began his legal career as an assistant corporation counsel in the Law Department of the City of New York. Although in 1967 he entered private practice and established his own law firm, which he still maintains today, he nevertheless continued his association with city government by serving as an administrative law judge for the New York City Department of Transportation for seventeen years.

In the late 1970s, he began to devote more of his time to representation of the elderly and their families, providing them with legal counsel in the areas of Medicare, Medicaid, wills, probate, conservatorships, trusts, estate planning, and bio-medical ethics.

Mr. Schwartz has a diversified staff, including trained paralegals, a full-time registered nurse, a Medicaid clerk, and a certified social worker. He has developed interdisciplinary relationships with social workers, geriatric physicians, geriatric psychiatrists, social service agencies, and health care agencies. He is recognized as a pioneer in protecting the legal rights of the elderly and providing counsel to them on how to maintain their integrity, self-respect, and dignity.

He is a member of the New York State Bar Association Elder Law Committee, Former Vice Chairman of the Queens County Bar Association Elder Law Committee, Nassau County Bar Association Elder Law Committee, Florida Bar Elder Law Committee, and New York State Assembly Legislative Committee on the Elderly.

Mr. Schwartz is a frequent guest lecturer for financial institutions, philanthropic organizations, and on Princess Cruise Lines, Celebrity Cruise Lines, and Holland-America Cruise Lines. He has written many professional articles on elder law, is a special adjunct professor at Brooklyn Law School, an adjunct associate professor at St. John's University and has served as an adjunct professor of law at the State University of New York.

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Read an Excerpt

Since the publication of the first edition of this book in 1998, the legal landscape has changed dramatically. The events of September 11, 2001, in New York City, where I practice elder law, have forever changed the legal concerns of all citizens of this country, young and old. My clients have been more focused than ever on planning for future disposition of their assets. They are concerned about making new wills, setting up trusts for their families, and establishing powers of attorney, health care proxies, living wills, and other estate planning devices. There seems to be a sense of urgency that I have never seen in my 40 years of practice in the field.

Congress has passed several new laws in the areas of taxation, patients' rights, and entitlement programs that affect every American. The chapter on financial planning required a complete revision to reflect the Economic Growth and Tax Relief Act of 2001 implemented by President George W. Bush. The new law poses serious planning problems because of the sunset provisions encompassed therein.

The full effects of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), passed shortly before the publication of the first edition, are just now being recognized in relation to medical privacy issues. In addition, the threat to prosecute elder law attorneys under the H)PAA for providing advice to their clients, has receded as former U.S. Attorney General Janet Reno and a federal court have both declared those provisions to be unconstitutional.

The tragic case of Tern Schiavo, a Florida woman in a persistive vegetative state, has caught the public's attention, highlighting the importance of having a living will and choosing the proper person to carry out your wishes.

The legal concept of patient self-determination has changed with the conviction of Dr. Jack Kevorkian in Michigan, the passage of physician-assisted suicide legislation in Oregon, the reaction of U.S. Attorney General John Ashcroft, and the ensuing court challenge to Mr. Ashcroft's directive.

With the advent of the information age, identity theft has become a major problem in the United States, so the chapter on elder abuse has been expanded to include this phenomenon.

In addition to responses to current trends, the book has been expanded to include two new chapters. Chapter 2, Diseases of Aging, provides information on the prevalence, treatment, and prevention of diseases that disproportionately affect older persons. Chapter 8, Love and Marriage among the Elderly, recognizes that many elderly are widowed, divorced, or in a second marriage, and their estates require special consideration when thereare children from a prior marriage. In addition, that chapter considers the financial effects of catastrophic illness on the well spouse.

Case law relevant to the materials has been added to give the reader a more sophisticated understanding of some of the legal issues addressed by elder lawyers, with an emphasis on constitutional law. The cases have been edited for brevity.

Finally, more sample documents, a statistical profile on the elderly, and a list of helpful resources are included on the CD-ROM.

The field of elder law continues to grow and adapt to changing demographics in this country. It is the fastest growing area of law and has attracted many professionals to the specialty. More courses are being taught at the paralegal level, as well as in law schools, throughout the country. Many law schools have established elder law clinics to provide pro bono services to seniors in the community, while giving law students the opportunity to learn firsthand the kinds of legal problems that face the elderly. I am a special adjunct professor at Brooklyn Law School and St. John's University in New York City, and I have seen the growing interest among students in the field. I believe that the zealous representation of the elderly is a noble pursuit, and I hope that my students and readers will feel the same.

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Table of Contents

1. Introduction: The Aging of America.

2. Diseases of Aging.

3. Initial Interview.

4. Advance Directives.

5. Wills.

6. Guardianships.

7. Financial and Estate Planning.

8. Love and Marriage among the Elderly: When Granny Ties the Knot.

9. Entitlement Programs Part I.

10. Entitlement Programs Part II.

11. Patient's Rights in Health Care Decision Making.

12. Managed Care and Long-Term Care Insurance.

13. Viatical Settlements and Accelerated Life Insurance Benefits.

14. Living Facilities for the Elderly.

15. Elder Abuse.

16. Resources for the Elder Care Law Team.

Glossary.

Medical Glossary.

Index.

Appendix 1 - 18 found on the CD-ROM.

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Preface

Since the publication of the first edition of this book in 1998, the legal landscape has changed dramatically. The events of September 11, 2001, in New York City, where I practice elder law, have forever changed the legal concerns of all citizens of this country, young and old. My clients have been more focused than ever on planning for future disposition of their assets. They are concerned about making new wills, setting up trusts for their families, and establishing powers of attorney, health care proxies, living wills, and other estate planning devices. There seems to be a sense of urgency that I have never seen in my 40 years of practice in the field.

Congress has passed several new laws in the areas of taxation, patients' rights, and entitlement programs that affect every American. The chapter on financial planning required a complete revision to reflect the Economic Growth and Tax Relief Act of 2001 implemented by President George W. Bush. The new law poses serious planning problems because of the sunset provisions encompassed therein.

The full effects of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), passed shortly before the publication of the first edition, are just now being recognized in relation to medical privacy issues. In addition, the threat to prosecute elder law attorneys under the H)PAA for providing advice to their clients, has receded as former U.S. Attorney General Janet Reno and a federal court have both declared those provisions to be unconstitutional.

The tragic case of Tern Schiavo, a Florida woman in a persistive vegetative state, has caught the public's attention, highlighting the importance of having a living will and choosing the proper person to carry out your wishes.

The legal concept of patient self-determination has changed with the conviction of Dr. Jack Kevorkian in Michigan, the passage of physician-assisted suicide legislation in Oregon, the reaction of U.S. Attorney General John Ashcroft, and the ensuing court challenge to Mr. Ashcroft's directive.

With the advent of the information age, identity theft has become a major problem in the United States, so the chapter on elder abuse has been expanded to include this phenomenon.

In addition to responses to current trends, the book has been expanded to include two new chapters. Chapter 2, Diseases of Aging, provides information on the prevalence, treatment, and prevention of diseases that disproportionately affect older persons. Chapter 8, Love and Marriage among the Elderly, recognizes that many elderly are widowed, divorced, or in a second marriage, and their estates require special consideration when thereare children from a prior marriage. In addition, that chapter considers the financial effects of catastrophic illness on the well spouse.

Case law relevant to the materials has been added to give the reader a more sophisticated understanding of some of the legal issues addressed by elder lawyers, with an emphasis on constitutional law. The cases have been edited for brevity.

Finally, more sample documents, a statistical profile on the elderly, and a list of helpful resources are included on the CD-ROM.

The field of elder law continues to grow and adapt to changing demographics in this country. It is the fastest growing area of law and has attracted many professionals to the specialty. More courses are being taught at the paralegal level, as well as in law schools, throughout the country. Many law schools have established elder law clinics to provide pro bono services to seniors in the community, while giving law students the opportunity to learn firsthand the kinds of legal problems that face the elderly. I am a special adjunct professor at Brooklyn Law School and St. John's University in New York City, and I have seen the growing interest among students in the field. I believe that the zealous representation of the elderly is a noble pursuit, and I hope that my students and readers will feel the same.

Read More Show Less

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