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The Fundamentals of Elder Law, Cases and Materials

2nd Edition
Raymond C. O'Brien
ISBN: 9781636597775
Subject: Elder Law
Format: Print - Hardbound
Page Count: 1035
Copyright: 2022 | Status: In Stock
Other Formats Available

The second edition of this casebook continues to provide the fundamentals for a lively, contemporary course in elder law. It emphasizes illustrative factual cases and statutes, and is supported by materials from elder law practitioners and statistical data. It is distinctive in its emphasis upon state and federal court decisions, not simply a recitation of statutory provisions. Elder law is of burgeoning historical and social importance. Statistics indicate that by 2030, one-fifth of all Americans will be 65 or older, and each day 10,000 persons turn 65. Among the legal issues pertinent to an aging population are estate planning objectives in the context of possible incapacity, integrating nonprobate and probate transfers, asset protection planning, philanthropy and dynasty options, and beneficial tax planning. Statutory changes establish guidance for personal health care decision-making and designations of guardians and surrogates to exercise authority when needed. Clients and institutions require legal assistance to navigate federal benefits such as Medicare, Social Security, Veterans Benefits, and the interaction of state-federal Medicaid opportunities. Statistics also indicate that almost two-thirds of all individuals over age 65 will need some form of long-term care. The cost of this care can be as little as $1,000 a month for simple help around the house, but at least $15,000 to $20,000 a month is needed for continual care by health care professionals. This edition continues the discussion on ageism, the pandemic of elder abuse in all its forms, and discrimination in housing and employment.


Imprint: Foundation Press
Series: University Casebook Series
Publication Date: 03/28/2022
Related Subject(s): Family Law

Raymond C. O'Brien, Catholic University Columbus School of Law

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Chapter One: Elder Estate Planning

  • Notes following judicial decisions were updated to provide current statistical data and recent articles.
  • Included reference to Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (2017).
  • Included Cost of Care Survey from Genworth 2021, the 2021 Alzheimer’s Disease Facts and Figures, and article on The Growing Crisis in Aging (2020).
  • Problem One: In re Conservatorship of Groves, 109 S.W.3d 317 (Tenn. Ct. App. 2003).
  • Advance Mental Health Care Directive, NEB. REV. STAT. § 30-4403 (2021).
  • Problem Two: Attorney Grievance Comm’n v. Saridakis, 936 A.2d 886 (Md. 2007).

Chapter Two: The Transfer of Wealth
  • Added Which Trust Situs is Best in 2020? (2020).
  • Problem One: Iowa Supreme Court Bd. Of Professional Ethics and Conduct v. Winkel, 541 N.W.2d 862 (Iowa 1995).
  • 2019 article on Drafting Trusts to Stand the Test of Time.
  • Added Coley v. Bradshaw & Range Funeral Home, P.C., 2020 WL 7488342 (Ill. App. Ct. 2020).
  • Added Highlights and Numbers for 2019 Charitable Giving by Source.
  • Added Ten Planned Giving Concepts for Charitable Baby Boomers (2019).
  • Added A Time for Creativity and Action (2020).
  • Added Donor-Advised Funds: Flexible, Efficient Donor-Centric Philanthropy (2020).
  • Added Protecting Against Elder Financial Abuse (2019).
  • Added Protecting Assets Held in a Spendthrift Trust From Divorce (2019).
  • Added Blige v. Blige, 656 S.E.2d 822 (2008).
  • Problem Two: Kranzler v. Kranzler, 2020 WL 47605856 (Ill. Ct. App. 2020).
  • Added Trusts and the Modern Family (2020).
  • Added Legislative and Judicial Developments (2020).
  • Added Best Situs for DAPTs in 2021 (2021).

Chapter Three: Incapacity: Utilization of Powers and Surrogates
  • Problem One: Estate of Irons ex rel. Springer v. Arcadia Healthcare, L.C., 66 So.3d 396 (Fla. Ct. App. 2011).
  • Added Mental Health Directives in Estate-Planning Engagements (2021).
  • Added IND. CODE § 16-36-1.7-1.
  • Added NEB. REV. STAT. § 30-4402.
  • Added PA. CONS. STAT. § 5808.
  • Added N. J. REV. STAT. § 3B: 12B-10.
  • Problem Two: In re Guardianship of Thomas, 771 N.E.2d 882 (Ohio Ct. App. 2002).
  • Added In re deLevie, 204 A.3d 505 (Pa. Super. Ct. 2019).

Chapter Four: Health Care Considerations
  • Added Medical Disputes and Conflicting Values: Is There a “Right to Die” Later? (2020).
  • Added A Right to Die, A Right to Insurance Payouts? The Implications of Physician-Assisted Suicide on Life Insurance Benefits (2020).
  • Added A History of the Law of Assisted Dying in the United States (2020).
  • Added Setting the Stage: Fifty Years of U.S. End-of-Life Care Debates (2020).
  • Problem One: Torres v. Texas Children’s Hospital, 611 S.W.3d 155 (Tex. Ct. App. 2020).
  • Problem Two: In re Guardianship of Browning, 568 So.2d 4 (Fla. 1990).
  • Added Causes of Action Involving Arbitrable Disputes (2021).

Chapter Five: The Medicare Program
  • Added Medicare: The Next Frontier (2019).
  • Problem One: State of N.Y. on Behalf of Bodar v. Secretary of Health and Human Services, 903 F.2d 122 (2d Cir. 1990).
  • Updated deductible amounts throughout chapter.
  • Added Medicare Integrity Program (2021).
  • Added Medicare Advantage Misconceptions Abound (2014).

Chapter Six: The Medicaid Program

Chapter Seven: Social Security and Veterans Benefits
  • Deleted Material on Railroad Benefits.
  • Added updated data from Fact Sheet, Social Security, U.S. SOCIAL SECURITY ADMINISTRATION, http://www.ssa.gov/news/press/factsheets/basicfact-alt.pdf.
  • Added Get the Facts on Social Security and Medicare Benefits (2019).
  • Added data benefit calculations at https://www.ssa.gov/OACT/quickcalc/.
  • Added Lambda Legal Wins Ruling in Favor of Social Security Spousal Benefits for Some Surviving Same-Sex Partners (2020).
  • Problem One: Chambliss v. Buckner, 804 F. Supp. 2d 1240 (M.D. Ala. 2011).
  • Problem Two: Dunca v. Berryhill, 2017 WL 605940 (S.D. Calif. 2017).
  • Updated payment amounts throughout chapter.
  • Problem Three: Beeler v. Saul, 977 F.3d 577 (7th Cir. 2020).
  • Added The Challenges Facing the Department of Veterans Affairs in 2021 (2021).

Chapter Eight: Elder Housing Options
  • Added Time to Go? (2017).
  • Added Aging in Place (2021).
  • Added Legislative Update for Seniors (2021).
  • Added report from the American Health Care Association.
  • Added Key Issues 25C, General Guidelines for Long-term Care Expenses, 1040 DESKBOOK (33d ed. 2021).
  • Problem One: Estate of Baral v. C.I.R., 137 T.C. 1 (U.S. Tax Ct. 2011).
  • Problem Two: Estate of BBH, LLC, 299 So.3d 961 (Ala. 2020).
  • Problem Three: DeMarco v. Christiana Care Health Services, Inc., 2021 WL 4343661 (Del. Ch. 2021).
  • Added Compensation for Resident-to-Resident Attacks in Senior Living Facilities (2020).
  • Added Kindred Nursing Centers, Ltd. Partnership v. Clark, 137 S. Ct. 1421 (2017).

Chapter Nine: Payment Options for Elder Housing
  • Added Aging in Place (2021)
  • Added Home and Community-Based Waiver Services (2021).
  • Problem One: In re Estate of Hale, 890 N.E.2d 1244 (Ill. App. 2008).
  • Added Legislative Updates for Seniors (2021).
  • Added Aging in Place (2021).
  • Added What Advisors Should Know About Hybrid Long-Term Care Policies (2019).
  • Added Women and Wealth (2019).
  • Problem Two: Am. Nat. Ins. Co. v. Breshouf, 2021 WL 2343024 (Sup. Ct. Mass. 2021).
  • Added The Social Security Administration’s Policy Overhaul: A Practitioner’s Guide to the 2018 Special Needs Trust POMS Revisions (2019).
  • Added Selecting the Best Fit in Long-Term Care Coverage (2021).
  • Added The Growing Crisis in Aging (2020).
  • Added A Crisis Americans Can’t Afford (2021).

Chapter Ten: Discrimination and Abuse
  • Problem One: Garavaglia v. City of St. Louis, 2021 WL 4552132 (E.D. Mo. 2021).
  • Problem Two: Allen v. Sears Roebuck and Co., 803 F. Supp. 2d 690 (E.D. Mich. 2011).
  • Added Survey of Court Decisions on Elder Victimization (2016).
  • Problem Three: Cooker v. Meadowood, 2021 WL 4262338 (E.D. Pa. 2021).

Learn more about this series.