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ELDER LAW
ESTATE PLANNING www.mobarcle.org
 

Elder Law

(2nd ed. 2010), 669 pp. with full-text CD-ROM 

Product No. 371






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About This Book

Elder law is an important and fast-developing area of the law. MoBarCLE has answered the call for information and sharing of expertise in this area with Missouri Elder Law. This deskbook provides practical advice on setting up and managing an elder law practice, including sample forms and checklists, and for advising clients on available options and services. The comprehensive chapter on retirement benefits includes sections on Social Security, railroad retirement, military retirement, government pensions, ERISA, deferred compensation, and nonprofits.

Learn about the types of trusts available to help your clients and the benefits and features of those trusts, including special needs trusts and d4A trusts. Find a chapter dedicated to the areas of income tax law that have special application to the elderly or that might be of particular interest to them. Chapter 5 contains a thorough, clear summary of the Medicare programs, including Part D prescription drug coverage. The chapter includes practical tips and discussion of what is covered, the appeals process, and time limits. Learn how to better advise your clients to plan for and pay for long-term care with information on what costs to plan for, long-term-care insurance, other resources available, tax implications, and an algorithm for computing the cost of long-term care.

Find coverage of major changes in Medicaid and MO HealthNet, including what is covered and eligibility requirements. Find coverage of family rights and responsibilities that arise in the elder law setting, the FMLA, and ethical issues that attorneys need to consider when working in this area. Chapter 9 includes a straightforward discussion of powers of attorney, including sample language for specific powers, and covers financial powers of attorney, durable powers of attorney for health care, and health care and life support declarations.

The deskbook also includes a chapter that walks you through the process of appointing a guardian or conservator and of administering a guardianship or conservatorship. You will find chapters on nursing home residents’ rights and on elder abuse and neglect that include discussions of remedies, penalties, indicators, and protections available. You will also find chapters to help you advise your clients on housing alternatives and home and community-based services, including the Missouri Aging Information Network and the Missouri Rx Plan (MoRx).

This deskbook contains many lists of available resources, including online resources. Included with the book is a full-text, fully searchable CD-ROM that also includes the sample forms in the deskbook.

Table of Contents

Chapter Number

Chapter Name and Authors


1

Managing the Elder Law Practice



Lois M. Zerrer

2

Retirement Benefits



Simone Haberstock McCartney and James Francis McCartney

3

Using Trusts for Persons Who Are Elderly or Have a Disability



Craig C. Reaves

4

Income Tax Planning and Issues



Joseph Haverstick

5

Medicare and Supplemental Health Insurance



Barbara J. Gilchrist and Reginald H. Turnbull

6

Planning and Paying for Long-Term Care



David S. Purcell

7

MO HealthNet



Julie A. Berkowitz

8

Family Rights and Responsibilities



Bruce E. Friedman, David W. Whipple, and Barbara E. Hecht

9

Planning for Incapacity With Powers of Attorney



Janet Nava Bandera

10

Guardianship and Conservatorship



Martha C. Brown

11

Nursing Home Residents’ Rights



Derek H. Potts and Patricia L. Campbell

12

Elder Abuse and Neglect



Karen C. Warren

13

Housing Alternatives



John J. Ammann

14

Home and Community-Based Services



David P. Sykora and Margaret L. Stansbury

 



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