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Elder Law Cases And Materials 2015 - A Comprehensive Review

Jese Leos
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Published in Elder Law: Cases And Materials (2015)
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In 2015, the field of elder law witnessed significant developments in terms of cases and materials that shape the legal landscape surrounding the rights and protections of older adults. This article aims to provide an engaging and informative review of the key elder law cases and materials that emerged in 2015 and their implications for seniors and the legal community. From landmark court rulings to emerging trends, let us explore the legal journey of elders in 2015.

1. Landmark Cases

One of the most notable elder law cases of 2015 was Doe v. Sun Retirement Corporation. This case set a precedent for nursing home residents' rights by addressing the issue of mandatory arbitration agreements. The court ruled that such agreements cannot limit a resident's access to the court system in cases of alleged negligence or abuse. This decision significantly strengthened the legal protections available to elders living in care facilities.

Further, Estate of James Brown v. Hynie et al. brought attention to the importance of updated estate planning within the elder law context. The case involved a dispute over the late singer's estate, emphasizing the significance of comprehensive estate plans for elders to ensure their intended beneficiaries receive their rightful inheritance.

Elder Law: Cases and Materials (2015)
Elder Law: Cases and Materials (2015)
by Lawrence A. Frolik(6th Edition, Kindle Edition)

4.7 out of 5

Language : English
File size : 1384 KB
Text-to-Speech : Enabled
Screen Reader : Supported
Enhanced typesetting : Enabled
Word Wise : Enabled
Print length : 549 pages

2. Evolving Legal Trends

Beyond individual cases, 2015 also witnessed the development of legal trends within elder law. One notable trend was the increasing use of advanced directives and durable power of attorney documents to establish comprehensive plans for end-of-life care. This trend highlights the growing awareness and acceptance of the importance of proactive legal measures to safeguard the wishes of seniors during times of incapacitation.

Additionally, 2015 saw an increased focus on addressing financial abuse targeting older adults. Several high-profile cases shed light on the manipulation and exploitation of seniors by family members, caregivers, or financial service professionals. These cases served as a wake-up call for legal professionals to actively intervene in cases of financial abuse and enhance protections for vulnerable elders.

3. Noteworthy Materials

Finally, 2015 witnessed the publication of several noteworthy materials that furthered the understanding of elder law. "Elder Law in a Nutshell" by Lawrence A. Frolik provided a comprehensive overview of the field, educating law students, practitioners, and individuals seeking information about elder law. Meanwhile, "The Elder Law Handbook" by Peter G. Strauss served as a practical guide offering insights and strategies for addressing legal issues faced by the elderly and their families.

These materials, along with others, contributed to a better-informed legal community, empowering them to adequately serve the needs of older adults.

Throughout 2015, elder law experienced significant advancements with landmark cases, evolving legal trends, and the release of informative materials. The legal victories achieved in Doe v. Sun Retirement Corporation and Estate of James Brown v. Hynie et al. showcased the growing recognition of older adults' rights and the importance of comprehensive estate planning.

The emergence of advanced directives and durable power of attorney documents as vital legal tools reflected society's increasing acknowledgment of the need for proactive measures to protect seniors. Moreover, the attention given to financial abuse against elderly individuals highlighted the urgency to enhance legal protections.

By keeping abreast of the latest developments in elder law cases and materials, legal professionals are better equipped to provide effective guidance and support to older adults and their families. The year 2015 marked significant progress in this field, setting the stage for continued advancements in the years to come.

Elder Law: Cases and Materials (2015)
Elder Law: Cases and Materials (2015)
by Lawrence A. Frolik(6th Edition, Kindle Edition)

4.7 out of 5

Language : English
File size : 1384 KB
Text-to-Speech : Enabled
Screen Reader : Supported
Enhanced typesetting : Enabled
Word Wise : Enabled
Print length : 549 pages

Elder Law: Cases and Materials, Sixth Edition, continues the broad coverage of many elder law topics including Social Security, employer provided pensions, age discrimination in employment, provision of acute and chronic health care, paying for health care including Medicare and Medicaid, housing, mental capacity and guardianship, abuse, and the ethical issues that arise when dealing with older clients.

Because many use the book as a "jumping off point" for more extensive reading or discussion, the authors have clarified and expanded the explanatory material so that the student can understand the framework of complex programs such as Medicare and Social Security.

In recognition of the importance of the extraordinary cost of long-term care, the authors created a new chapter, "Paying for Long-Term Care", that lays out how Medicaid operates, explains basic Medicaid "planning", the advantages and drawbacks of long-term care insurance, and discusses the other means, such as residence in a continuing care retirement community, that some use to pay for long-term care.

In the chapter dealing with the ADEA, the new Sixth Edition features the latest cases that attempt to apply the statute to the complex world of employment. The reforms to Medicare in the last few years are fully covered, and the coverage of Medicaid has been rewritten to make it clearer. The authors have updated and added statistics that illuminate what life is like for older Americans and have expanded the "Questions" that will stimulate students to think carefully about the policies that underlie elder law.

The eBook versions of this title feature links to Lexis Advance for further legal research options.

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