Elder's Advisor articles from January 2002

Elder's Advisor archives from January 2002

From the Editor. (disabled persons who are forced to live apart to be eligible for care) (Editorial)
January 1, 2002... How I spent my summer vacation, Journal readers, involves the public health, infectious disease, the ostracism of those with frightening physical and mental conditions--and a big family wedding. Some people would think all of that is pretty...

Ethics of the attorney in medical malpractice litigation: in medical malpractice litigation, providing legal representation to older patients or their healthcare providers carries significant ethical implications.
January 1, 2002... However, there has been little scholarly or practical discussion of legal ethics concerning circumstances in which the medical malpractice plaintiff is an older person. The author sets forth a tentative outline of key issues that should be...

A guardianship jury trial case study: an attorney relates his recent experiences with guardianship jury trials. He shares insights gained and explains why the jury system can serve as an effective tool for advocating on behalf of elders.
January 1, 2002... Looking back, my two guardianship jury trials this summer were an important pioneering effort for me. I was personally testing a previously untried tool for advocating on behalf of elderly clients. Success with the jury would be great, and...

Physical therapists as consultants to elder law attorneys and clients: physical therapists can act as valuable consultants to attorneys practicing elder law and their clients. Here is an overview of this profession, including areas of practice, certification, ethics code, and information on contacting physical therapists.
January 1, 2002... Physical therapists are primary healthcare professionals who may serve elder law attorneys and their clients in a wide range of consultative capacities. There are approximately 120,000 physical therapists in the United States (1) who are...

Tax-efficient wealth transfer by an elderly couple: a growing number of elders have amassed substantial assets as a result of adopting frugal lifestyles or making fortunate investments. This article proposes detailed plans for managing these individuals' taxes as their wealth is transferred.
January 1, 2002... In today's world, people are living longer, more active lives. Given these circumstances, it has become much more difficult for older couples to consider when they might be interested in beginning a wealth-transfer program for the benefit of...

Early-stage dementia diagnosis and care: dementia caused by Alzheimer's disease and other factors is taking a tremendous toll on elders and their families. However, if the disease is diagnosed and treated early, many patients can avoid or delay secondary medical and social complications.
January 1, 2002... In 1907, a German clinician, Alois Alzheimer, first described symptoms of a disease characterized by progressive and unrelenting memory loss that correlated with marked decreased brain size at autopsy. (1) The disease was described as a...

Preventive medicine guidelines for the geriatric population: to promote and maintain the health of elders, it is critical that physicians adopt preventive medicine practices. This review of published geriatric health-maintenance research provides comprehensive guidelines for healthcare providers.
January 1, 2002... Changing attitudes about health maintenance and advances in screening tests have made preventive medicine the foundation of healthcare. It is now widely known that changing lifestyle behaviors reduces risk factors for disease and that early...

Privacy and pension plan records: is self-regulation sufficient? The confidentiality of employees' pension information is being threatened by changes in the design of qualified retirement plans and advances in data-processing and Internet technology. Despite the passage of recent laws aimed at protecting privacy, more may need to be done to ensure that personal financial information remains secure.
January 1, 2002... The idea of a trusted financial-services organization selling information regarding your retirement savings balance and investing habits to the highest bidder would be enough to get most people writing letters to their congressmen. Yet this...

Reimaging the ombudsman: an appraisal: an ombudsman program can serve as a useful alternative to the court system for nursing-home residents. This article examines issues related to the ombudsman's role in long-term care facilities, including purpose, criticisms, and local and national recommendations.
January 1, 2002... During the adaptation to more crowded city conditions, older, less-productive family members have lost their purpose. They are often seen as ineffective, superfluous, to be tolerated if necessary, but preferably to be disposed of in some...

Representing the mentally impaired client: the following articles discuss three troublesome guardianship cases from legal and medical perspectives. Statutes and forms for practitioners are provided. (Client Capacity, Estate Planning and Malpractice Traps)
January 1, 2002... This presentation is intended to promote discussion and comment. There are no answers. With the enactment of California Probate Sections 811 through 813 and Section 2356.5 in 1997, and their amendment in 1998, there are no longer any specific...

Psychological perspectives on competency. (Client Capacity, Estate Planning, and Malpractice Traps)
January 1, 2002... Like two outstretched arms, one reaching east and the other reaching west, the differences between law and psychology are obvious. These are different disciplines, with different traditions, different means of seeking truth and knowledge, and...

Has your client lost it? Ethical considerations in Estate Planning. (Client Capacity, Estate Planning, and Malpractice Traps)
January 1, 2002... A lawyer usually encounters competence issues with either (a) a potential new client whose competency is suspect, or (b) a current client who is now clearly incompetent or whose capacity is at least questionable. California Rules of...

On the way to Alzheimer's disease: current research indicates that the onset of Alzheimer's disease is preceded by a stage termed "mild cognitive impairment." By recognizing the characteristics of this preclinical phase and administering the proper treatments, physicians may be able to stop the progression toward AD.
January 1, 2002... The search for treatment of Alzheimer's disease (AD) has taken a front seat during the past decade. Demographics and staggering resource utilization (1) have added urgency to our efforts in preventing, diagnosing, and treating this...

Joint conference on legal/ethical issues in the progression of dementia.
January 1, 2002... As our elderly population grows, becomes more diverse, and lives longer, dementia is expected to become more prevalent and complex to treat. A recent symposium issue of the Georgia Law Review provided eleven articles from a multidisciplinary...