Aging and the Law: An Interdisciplinary Reader

Aging and the Law: An Interdisciplinary Reader

By: Lawrence A. Frolik (editor)Paperback

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Description

As Americans live longer, and as the 'baby boom' generation approaches retirement, the social, political, and legal needs of older citizens pose a challenge to our institutions. One response has been the rise of 'elder law'. In this groundbreaking reader, Lawrence A. Frolik gathers together seminal essays on the intersection of law and issues affecting older Americans. The essays take into account not only a variety of professional perspectives but also the perspectives of individual older people, caregivers, and family members. After an introduction covering the nature of elder law, social attitudes toward the elderly, aging and ethnicity, and generational justice, the book includes sections on work, income, wealth; housing, mental capacity, health-care decision making; long-term care, health-care finance, family and social issues; and, abuse, neglect, victimization, and elderly criminals. It concludes with essays on legal representation and ethical issues. The essays have been edited to make them easily accessible to students and the general reader, and Professor Frolik has supplied introductions to the sections, as well as summaries of issues for which essays could not be included. Both comprehensive and engaging, "Aging and the Law" brings together essays by lawyers, social workers, health-care professionals, and policy-makers, as well as selected case law and congressional hearings. Lawrence A. Frolik is Professor, University of Pittsburgh School of Law.

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Contents

Preface List of Contributors Part I: Introduction 1. WHAT IS ELDERLAW? The Developing Field of Elder Law: A Historical Perspective Lawrence A. Frolik 2. WHY TREAT OLDER PERSONS AS A SEPARATE CATEGORY? An Aging Population: A Challenge to the Law Lawrence A. Frolik and Alison P. Barnes America the Aging: Changing Demographics Pose Dramatic New Challenges for Our Country and the Courts Alison P. Barnes and Lawrence A. Frolik 3. SOCIAL ATTITUDES TOWARD THE ELDERLY Ageism: Paternalism and Prejudice Linda S. Whitton 4. WHO IS OLD? An Aging Population: A Challenge to the Law Lawrence A. Frolik and Alison Barnes 5. AGING AND ETHNICITY Gender and Family Issues in Minority Groups Barbara W. K. Yee 6. GENERATIONAL JUSTICE Income of the Elderly and Nonelderly, 1967-92 Daniel B. Radner Justice Across the Generations Richard A. Epstein Part II: Work, Income and Wealth 7. RETIREMENT 8. AGE DISCRIMINATION IN EMPLOYMENT Note: A Rose by Any Other Name No Longer Smells as Sweet: Disparate Treatment Discrimination and the Age Proxy Doctrine After Hazen Paper Co.v. Biggins Toni J. Querry The Age Discrimination in Employment Act of 1967 George J. Tichy, II Hands-Tying and the Age Discrimination in Employment Act Christine Jolls Age-Based Exit Incentives, Coercion, and the Prospective Waiver of ADEA Rights: The Failure of the Older Workers Benefit Protection Act Michael C.Harper 9. PENSIONS The Role of Pensions in Retirement Income: Trends and Questions Virginia P.Reno Special Tax Treatment for Employer-Based Retirement Programs: Is It "Still" Viable as a Means of Increasing Retirement Income? Should It Continue? Daniel I. Halperin 10. SOC IAL SECURITY Social Security Bulletin 1991 Protecting Social Security and Medicare William G. Dauster Social Security and Older Workers Michael V. Leonesio Social Security Discrimination Against African Americans: An Equal Protection Argument Geoffrey T. Holtz A Guide to Social Security Money's Worth Issues Dean R. Leimer 11. SOCIAL SECURITY REFORM Top Ten Myths of Social Security Richard L. Kaplan Advisory Council on Social Security Report Social Security: Prospects and Proposals for Privatization Merton C. Bernstein Changing Social Security Benefits to Reflect Child-Care Years: A Policy Proposal Whose Time Has Passed? Howard M. Iams and Steven H. Sandell Tax Policy and Feminism: Competing Goals and Institutional Choices Anne Alstott Part III: Housing HOUSING NEEDS The Special Housing Needs of Older Persons: An Essay Lawrence A. Frolik 13. APPROPRIATE HOUSING Beyond the Beltway: Housing for Older Persons Act of 1995 Andrea D. Panjwani , 14. CONTINUING CARE COMMUNITIES The Continuing Care Community: Will It Meet Your Client's Changing Needs? Christine A. Semanson 15. BOARD AND CARE HOMES U.S. Senate, Special Committee on Aging and Select Committee on Aging, U.S. House of Representatives (1989) Joint Hearing Board and Care: A Failure in Public Policy 16. ASSISTED LIVING Assisted Living for Low-Income Seniors David Abromowitz and Rebecca Plaut Part IV: Mental Capacity Issues 17. EVALUATING MENTAL CAPACITY Determining Decisional Capacity: A Medical Perspective Robert P.Roca Assessing Decision-Making Capacity Bernard Lo 18. LEGAL STANDARDS OF MENTAL INCAPACITY Florida Guardianship and the Elderly: The Paradoxical Right to Unwanted Assistance Alison P. Barnes 19. GUARDIANSHIP PROCEDURES A Social Science Perspective on the Law of Guardianship: Directions for Improving the Process and Practice Phillip B. Tor and Bruce D. Sales The National Probate Court Standards: The Role of the Courts in Guardianship and Conservatorship Proceedings Paula L. Hannaford and Thomas L. Hafemeister 20. GUARDIANSHIPREFORM Preserving Dignity and Self-Determination of the Elderly in the Face of Competing Interests and Grim Alternatives: A Proposal for Statutory Refocus and Reform Jan Ellen Rein Plenary Guardianship: An Analysis, a Critique and a Proposal for Reform Lawrence A. Frolik Losing It in California: Conservatorship and the Social Organization of Aging Lawrence M. Friedman and June O. Starr 21. PERSONAL AUTONOMY AND FAMILIES Who's the Parent Here? The Family's Impact on the Autonomy of Older Persons Marshall B.Kapp When Parents Die: A Response to Before Guardianship: Abuse of Patient Rights Behind Closed Doors Sidney D. Watson 22. ALTERNATIVES TO GUARDIANSHIP Planning Tools Available to the Elderly Client Ramona C. Rains Part V: Health Care Decision Making 23. THE DOCTRINE OF INFORMED CONSENT Autonomy, Competence, and Informed Consent in Long-Term Care: Legal and Psychological Perspectives William M. Altman, Patricia A. Parmelee, and Michael A. Smyer Factoring Ethnic and Racial Differences into Bioethics Decision Making Vicki Michel A Controlled Trial to Improve Care for Seriously Ill Hospitalized Patients: The Study to Understand Prognoses and Preferences for Outcomes and Risks of Treatment (SUPPORT) and The SUPPORT Principal Investigators 24. THE RIGHT TO DIE OF COMPETENT OLDER ADULTS Pocono Medical Center v. Harley, 11 Fiduc. Rptr. 2d 128 (1990) (Penna. Monroe County) 25. COMPETENT OLDER ADULTS Nursing Home Residents' Preferences for Life-Sustaining Treatments Linda O'Brien, Jeane Ann Grisso, Greg Maislin, Karin LaPann, Karol P. Krotki, Peter J. Greco, Elisabeth A. Siegert, Lois K. Evans 26. STRUCTURAL RESPONSES TO COMPETENCY AND INFORMED CONSENT CONTROVERSIES "Fitting the Forum to the Fuss" in Acute and Long-Term Care Facilities Erica Woodand Naomi Karp 27. MENTALLY INCAPACITATED OLDER PATIENTS A. What is Mental Capacity? Determining Patient Competency in Treatment Refusal Cases Kevin R. Wolff In re Milton 505 N.E. 2d 255 (Supreme Court of Ohio 1987) B. Proxy Decision Making Privacy and Personhood Revisited: A New Framework for Substitute Decision-making for the Incompetent, Incurably Ill Adult Linda C.Fentiman In re Daniel Joseph Fiori, an adjudged incompetent 673 A.2d 904 (Pa. 1996) C. Legislative Responses Uniform Health Care Decisions Act Gives New Guidance David M. English and Alan Meisel 28. ASSISTED SUICIDE Physician-Assisted Suicide and Euthanasia in the United States: Legal and Ethical Observations T. Howard Stone and William J. Winslade The Justification of Physician-Assisted Deaths Tom L. Beauchamp Against Assisted Suicide Even a Very Limited Form Yale Kamisar Just Caring: Assisted Suicide and Health Care Rationing Leonard M. Fleck Old Folks on the Slippery Slope: Elderly Patients and Physician-Assisted Suicide Marshall B. Kapp Part VI: Long-Term Care 29. HOME HEALTH CARE A. What Is Home Health Care? The Policy and Politics of Community-Based Long-Term Care Alison Barnes Community Care for the Frail Elderly: A Theory of Empowerment Joel F. Handler B. Paying for Home Health Care Programs Home Health Care: What It Is and Who Pays for It? Meris L. Bergquist Expanding Autonomy of the Elderly in Home Health Care Programs Peter J. Ferrara C. Regulation of Home Health Care GAO Report: "Long-Term Care: Some States Apply Criminal Background Checks to Home Care Workers" 30. BOARD AND CARE HOMES Board and Care: A Failure in Public Policy A staff briefing paper prepared for the U.S. Senate Special Committee on Aging 31. NURSING HOMES A. Profile of Residents Family Structure and the Risk of Nursing Home Admission Vicki A. Freedman B. Mechanisms for Monitoring Care "Fitting the Forum to the Fuss" in Acute and Long-Term Care Facilities Erica Wood and Naomi Karp Protecting the Rights of Nursing Home Residents: How Tort Liability Interacts with Statutory Protections Jeffrey Spitzer-Resnick and Maya Krajcinovic 32. FINANCING LONG-TERM CARE Illegal Guarantees in Nursing Homes: A Nursing Facility Cannot Force a Resident's Family Members and Friends to Become Financially Responsible for Nursing Facility Expenses Eric Carlson Contracts to Devise or Gift Property in Exchange for Lifetime Home Care-Latent and Insidious Abuse of Older Persons Clifton B. Kruse, Jr. Part VII: Health Care Finance 33. MEDICARE A. Introduction Tax Plans for the Twenty-First Century: Medical Incentive Vouchers Address the Needs of Academic Health Centers and the Elderly Nina J. Crimm B. History of Medicare Medicare Managed Care From the Beneficiary's Perspective Eleanor D. Kinney The Right to Health Care, the Social Contract, and Health Reform in the United States Christine Cassel C. Medicare and Health Maintenance Organizations 34. MEDICARE REFORM The Tough Choices Commission Anne E. Berdahl "Budgetized" Health Entitlements and the Fiscal Constitution in Congress's 1995-1996 Budget Battle Charles Tiefer Protecting Social Security and Medicare William G. Dauster 35. RATIONING OF HEALTH CARE Older Americans and the Rationing of Health Care Andrew H. Smith and John Rother 36. MEDICAID Medicaid Reform: Saving an American Success Story The Honorable Bob Graham 37. MEDICAID REFORM Testimony, March 11, 1997 Bob Miller and Michael O. Leavitt Misinformation and Self-Deception in Recent Long-Term Care Policy Trends Jan Ellen Rein 38. FILIAL RESPONSIBILITY FOR IMPOVERISHED PARENTS Americana Healthcare Center v. Randall: The Renaissance of Filial Responsibility Robin M. Jacobson Savoy v. Savoy, 433 Pa. Super. 549, 641 A.2d 596 (Superior Court of Pennsylvania 1994) Part VIII: Family and Social Issues 39. MARRIAGE AND FAMILY 40. SPIRITUAL ISSUES Spirituality and Aging Well Dan Blazer The Role of Church and Family Support in the Lives of Older African Americans: A New Look at Families and Aging, and Black Churches as Support Systems Carla T. Walls Spiritual Care for the Elderly: An Integral Part of the Nursing Process Ranjana Sardana 41. SOCIAL PROBLEMS A. Alcohol B. Suicide C. Loneliness The Relationship of Loneliness, Social Isolation, and Physical Health to Dietary Adequacy of Independently Living Elderly Dellmar Walker and Roy E. Beauchene D. Mental Illness Hearing, Senate Special Committee on Aging-1996 Part IX: Abuse, Neglect, Victimization, and Elderly Criminals 42. ABUSE AND NEGLECT OF OLDER PERSONS A. Definitions and Causes Elder Abuse Sandra Baron and Adele Welty Elder Abuse and Guardians of Elderly Incompetents Lawrence A. Frolik Elder Mistreatment: A Multidimensional Problem Christine S. Sellers, W. Edward Folts, and Katherine M. Logan B. Financial Exploitation Contracts to Devise or Gift Property in Exchange for Lifetime Home Care Latent and Insidious Abuse of Older Persons Clifton B. Kruse, Jr. 43. ABUSE AND NEGLECT IN INSTITUTIONS Covert Elder Abuse in the Nursing Home Dorothy I. Meddaugh 44. SENTENCING OF ELDERLY CRIMINALS The Sentencing of Elderly Criminals Molly F.James The Incarceration of Older Criminals: Balancing Safety, Cost, and Humanitarian Concerns William E. Adams, Jr. Golden Years Behind Bars: Special Programs and Facilities for Elderly Inmates Ronald H. Aday Part X: Legal Representation and Ethical Considerations 45. INTRODUCTION Ethical Considerations in Representing the Elderly Mark Falk 46. REPRESENTING THE INCAPACITATED CLIENT Representing the Elderly Client and Addressing the Question of Competence Linda F. Smith Access, Connection, and Voice: A Contextual Approach to Representing Senior Citizens of Questionable Capacity Peter Margulies Representing Defendants in Guardianship Proceedings: The Attorney's Dilemma of Conflicting Responsibilities Anne K. Pecora 47. ETHICAL CONFLICTS The Ethical Management of Assets for Elder Clients: A Context, Role, and Law Approach Steven H. Hobbs and Fay Wilson Hobbs About the Contributors Index

Product Details

  • publication date: 29/01/1999
  • ISBN13: 9781566396530
  • Format: Paperback
  • Number Of Pages: 690
  • ID: 9781566396530
  • weight: 1456
  • ISBN10: 1566396530

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