MoBarCLE Deskbooks Deskbooks


Elder Law

(2nd ed. 2010), 669 pp. with full-text CD-ROM and 2015 Supplement, 173 pp.

Product No. 371/372

2015 CLE Catalog

View or download MoBarCLE Publications 2015 Catalog.

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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).

The comprehensive 173-page 2015 supplement includes updates on financial information (amounts, eligibility, assets), legislation (e.g., effects of the federal Affordable Care Act and the Missouri Criminal Code 2014 Revision), caselaw, and websites and a complete revision of the discussion of Medicare appeals (including the demise of the “Improvement Standard” requirement for skilled care and what to do if your client is denied coverage based on this standard).

There are eighteen new sections in the 2015 supplement discussing topics related to 1) retirement benefits, including a) same-sex marriage, b) conception after death, c) representative payee, and d) ERISA liens; 2) the abandonment of the distinction between Support and Discretionary Distribution Standards by the Restatement (Third) of Trusts and Uniform Trust Code and why this is important; 3) the Achieving a Better Life Experience Act of 2014 and the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act; 4) nursing home residents’ rights and nursing home liability, including negligent supervision and hiring or retention; and 5) more!

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


Managing the Elder Law Practice

Lois M. Zerrer


Retirement Benefits

Simone Haberstock McCartney and James Francis McCartney
Christine A. Alsop (Supplement)


Using Trusts for Persons Who Are Elderly or Have a Disability

Craig C. Reaves


Income Tax Planning and Issues

Joseph Haverstick


Medicare and Supplemental Health Insurance

Barbara J. Gilchrist and Reginald H. Turnbull


Planning and Paying for Long-Term Care

David S. Purcell
Paul M. Gantner (Supplement)


MO HealthNet

Julie A. Berkowitz


Family Rights and Responsibilities

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


Planning for Incapacity With Powers of Attorney

Janet Nava Bandera


Guardianship and Conservatorship

Martha C. Brown
Luqman Sadiq (Supplement)


Nursing Home Residents’ Rights

Derek H. Potts and Patricia L. Campbell


Elder Abuse and Neglect

Karen C. Warren


Housing Alternatives

John J. Ammann


Home and Community-Based Services

David P. Sykora and Margaret L. Stansbury
Ellie Hanson (Supplement)


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