What's on The Cd-rom? Ix
Acknowledgments Xi
Preface Xiii
Introduction = 1
The Aging of America = 1
Medical, Social, Financial, and Legal Issues Associated With Aging = 2
The Role of The Elder Law Professional = 6
Diseases of Aging = 9
Alzheimer's Disease = 9
Parkinson's Disease = 13
Stroke = 15
Falls and Hip Fractures among Older Adults = 17
Diabetes = 19
Pneumonia = 22
Arthritis = 25
Persistive Vegetative State = 26
Suicide in The United States = 27
Initial Interview = 29
Assessing Need = 29
Preparation for The Initial Client Meeting = 30
Initial Client Meeting = 32
The Multifaceted Role of The Elder Law Professional = 35
The Elder Law Office = 35
Advance Directives = 37
Powers of Attorney = 37
Durable Medical Powers of Attorney = 46
Health Care Proxy = 57
Do Not Resuscitate (dnr) Order = 74
The Living Will = 75
Appointment of a Guardian = 78
Anatomical Gifting = 80
Wills = 89
Last Will and Testament = 89
The Probate Process = 101
Legal Challenges to a Last Will and Testament = 104
Guardianships = 111
Judicial Intervention = 111
Financial and Estate Planning = 127
Estate Tax = 127
State Death Taxes = 132
Gift Tax = 134
Gift and Estate Tax Exemptions = 138
Income Tax and The Elderly Client = 141
Life Estates and Their Uses = 152
Trusts = 154
Pet As a Trust Beneficary = 160
Reverse Mortgages = 163
Love and Marriage among The Elderly: When Granny Ties The Knot = 169
Prenuptial Agreements = 169
Analysis of a Prenuptial Agreement = 174
Article I---general Statement of Intentions = 177
Article Ii---binding Effect of Agreement = 177
Article Iii---separate Property = 177
Article Iv---joint Marital Property = 177
Article V---non-marital Separate Property = 178
Article Vi---waiver of Spousal Support = 179
Article Vii---property Acquired During The Marriage = 180
Article Viii---waiver of Rights in The Event of Death = 180
Article Ix---interspousal Transfers Devises Requests by and between The Partner = 180
Article X---waiver of Statutory Allowances = 180
Article Xi---contribution to a Marital Fund = 181
Article Xii---income Tax Returns Parties to File Jointly-allocation of Liability = 181
Parties to File Individually = 181
Article Xiii---reconciliation = 182
Article Xiv---get = 182
Article Xv---pets = 182
Article Xvi---long-term Illness Disability = 182
Article Xvii---annulment = 182
Article Xviii---social Security Numbers = 183
Article Xix---confidentiality = 183
Article Xx---primary Residence = 183
Article Xxi---medical and Health Insurance = 183
Article Xxii---definitions = 184
Article Xxiii---situs = 184
Article Xxiv---entire Agreement = 184
Article Xxv---binding Effect = 184
Article Xxvi---waiver of Rights to Share in Retirement Benefits = 185
Article Xxvii---receipt of Original Document = 185
Article Xxviii---severability = 185
Article Xxix---non-merger of Agreement = 185
Article Xxx---modification of Agreement = 185
Article Xxxi---waiver of Provisons of Agreement = 185
Article Xxxii---one Party Drafted This Agreement = 186
Article Xxxiii---each Party Pays Her/his Own Legal Fees = 186
Article Xxxiv---full Disclosure Statement and Fairness of Agreement = 186
Article Xxxv---timing of Execution of Agreement = 186
Cohabitation between Unmarried Couples = 188
Validity and Invalidity of Prenuptial Agreements = 189
Domestic Partnership Registries = 197
Same-sex Marriage and Civil Unions = 198
Entitlement Programs Part I = 201
The Social Security System = 201
Social Security Disability Benefits = 214
Working and Receiving Social Security at The Same Time = 217
Supplemental Security Income Programs = 219
Entitlement Programs Part Ii = 225
Medicare = 226
Medicare Part a Coverage = 227
Medicare Part B Coverage = 230
Medicare Participation Program = 233
Medicare Beneficiary's Rights = 234
Special Medicare Entitlement Programs for Low-income Beneficiaries = 237
Other Health Care Coverages = 238
The Medicare Prescription Drug Modernization Act of 2003 = 239
Medicaid Assistance Program = 240
The Family and Medical Leave Act [29 U.s.c. Sec. 2601 Et Sec.] = 261
Patients' Rights in Health Care Decision Making = 265
End of Life Issues = 265
The Law and Physician-assisted Suicide = 276
Managed Care and Long-term Care Insurance = 299
The Hmo = 300
Long-term Care Insurance = 305
Viatical Settlements and Accelerated Life Insurance Benefits = 313
Viatical Settlements = 313
The Accelerated Death Benefit Option = 316
Living Facilities for The Elderly = 321
Independent Living Facilities = 322
Life-care Communities = 325
College Campus Communities = 325
Assisted-living Facilities = 325
Nursing Homes = 327
Skilled Nursing Facility (snf) = 328
Elder Abuse = 335
Intentional Or Unintentional Elder Abuse = 335
Identity Theft = 346
Legislation Against Elder Abuse = 351
The Role of The Elder Law Team = 352
Resources for The Elder Care Law Team = 355
Conclusion = 356
Glossary = 357
Medical Glossary = 367
Index = 369
Acknowledgments Xi
Preface Xiii
Introduction = 1
The Aging of America = 1
Medical, Social, Financial, and Legal Issues Associated With Aging = 2
The Role of The Elder Law Professional = 6
Diseases of Aging = 9
Alzheimer's Disease = 9
Parkinson's Disease = 13
Stroke = 15
Falls and Hip Fractures among Older Adults = 17
Diabetes = 19
Pneumonia = 22
Arthritis = 25
Persistive Vegetative State = 26
Suicide in The United States = 27
Initial Interview = 29
Assessing Need = 29
Preparation for The Initial Client Meeting = 30
Initial Client Meeting = 32
The Multifaceted Role of The Elder Law Professional = 35
The Elder Law Office = 35
Advance Directives = 37
Powers of Attorney = 37
Durable Medical Powers of Attorney = 46
Health Care Proxy = 57
Do Not Resuscitate (dnr) Order = 74
The Living Will = 75
Appointment of a Guardian = 78
Anatomical Gifting = 80
Wills = 89
Last Will and Testament = 89
The Probate Process = 101
Legal Challenges to a Last Will and Testament = 104
Guardianships = 111
Judicial Intervention = 111
Financial and Estate Planning = 127
Estate Tax = 127
State Death Taxes = 132
Gift Tax = 134
Gift and Estate Tax Exemptions = 138
Income Tax and The Elderly Client = 141
Life Estates and Their Uses = 152
Trusts = 154
Pet As a Trust Beneficary = 160
Reverse Mortgages = 163
Love and Marriage among The Elderly: When Granny Ties The Knot = 169
Prenuptial Agreements = 169
Analysis of a Prenuptial Agreement = 174
Article I---general Statement of Intentions = 177
Article Ii---binding Effect of Agreement = 177
Article Iii---separate Property = 177
Article Iv---joint Marital Property = 177
Article V---non-marital Separate Property = 178
Article Vi---waiver of Spousal Support = 179
Article Vii---property Acquired During The Marriage = 180
Article Viii---waiver of Rights in The Event of Death = 180
Article Ix---interspousal Transfers Devises Requests by and between The Partner = 180
Article X---waiver of Statutory Allowances = 180
Article Xi---contribution to a Marital Fund = 181
Article Xii---income Tax Returns Parties to File Jointly-allocation of Liability = 181
Parties to File Individually = 181
Article Xiii---reconciliation = 182
Article Xiv---get = 182
Article Xv---pets = 182
Article Xvi---long-term Illness Disability = 182
Article Xvii---annulment = 182
Article Xviii---social Security Numbers = 183
Article Xix---confidentiality = 183
Article Xx---primary Residence = 183
Article Xxi---medical and Health Insurance = 183
Article Xxii---definitions = 184
Article Xxiii---situs = 184
Article Xxiv---entire Agreement = 184
Article Xxv---binding Effect = 184
Article Xxvi---waiver of Rights to Share in Retirement Benefits = 185
Article Xxvii---receipt of Original Document = 185
Article Xxviii---severability = 185
Article Xxix---non-merger of Agreement = 185
Article Xxx---modification of Agreement = 185
Article Xxxi---waiver of Provisons of Agreement = 185
Article Xxxii---one Party Drafted This Agreement = 186
Article Xxxiii---each Party Pays Her/his Own Legal Fees = 186
Article Xxxiv---full Disclosure Statement and Fairness of Agreement = 186
Article Xxxv---timing of Execution of Agreement = 186
Cohabitation between Unmarried Couples = 188
Validity and Invalidity of Prenuptial Agreements = 189
Domestic Partnership Registries = 197
Same-sex Marriage and Civil Unions = 198
Entitlement Programs Part I = 201
The Social Security System = 201
Social Security Disability Benefits = 214
Working and Receiving Social Security at The Same Time = 217
Supplemental Security Income Programs = 219
Entitlement Programs Part Ii = 225
Medicare = 226
Medicare Part a Coverage = 227
Medicare Part B Coverage = 230
Medicare Participation Program = 233
Medicare Beneficiary's Rights = 234
Special Medicare Entitlement Programs for Low-income Beneficiaries = 237
Other Health Care Coverages = 238
The Medicare Prescription Drug Modernization Act of 2003 = 239
Medicaid Assistance Program = 240
The Family and Medical Leave Act [29 U.s.c. Sec. 2601 Et Sec.] = 261
Patients' Rights in Health Care Decision Making = 265
End of Life Issues = 265
The Law and Physician-assisted Suicide = 276
Managed Care and Long-term Care Insurance = 299
The Hmo = 300
Long-term Care Insurance = 305
Viatical Settlements and Accelerated Life Insurance Benefits = 313
Viatical Settlements = 313
The Accelerated Death Benefit Option = 316
Living Facilities for The Elderly = 321
Independent Living Facilities = 322
Life-care Communities = 325
College Campus Communities = 325
Assisted-living Facilities = 325
Nursing Homes = 327
Skilled Nursing Facility (snf) = 328
Elder Abuse = 335
Intentional Or Unintentional Elder Abuse = 335
Identity Theft = 346
Legislation Against Elder Abuse = 351
The Role of The Elder Law Team = 352
Resources for The Elder Care Law Team = 355
Conclusion = 356
Glossary = 357
Medical Glossary = 367
Index = 369