Elder Law and Alzheimer’s Disease


      The elder-law practice focuses on the particular needs of older individuals and their families. Thus, elder law is truly “family” law because the needs of older clients are inextricably interwoven with the needs of their families. This is particularly true for the client who is chronically ill or has some form of dementia, such as Alzheimer’s disease. Elder-law attorneys may now be certified to identify to the public those lawyers who demonstrate enhanced knowledge, skills, experience, and proficiency in elder law. Elder law draws from many substantive areas, such as trust, real property, agency, health care, tax, guardianship, will and probate, Social Security, Medicare, and Medicaid law. Together, the client and family are educated on legal options and are assisted in making decisions, formalized through legal documentation. The emphasis is on advance planning. Among legal practitioners, elder-law attorneys understand most clearly that the client’s needs must be understood in the context of cultural and family dynamics, and addressed through a team approach involving other professions.
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        • Brakel S.H.
        • Parry J.
        • Weiner B.A.
        The Mentally Disabled and the Law. 3rd ed. American Bar Foundation, Chicago1986
        • Anastas J.
        • Gibeau J.
        • Larson P.
        Working families and eldercare.
        Social Work. 1990; 5: 385-480
        • American Psychiatric Association
        Task Force Report 23. APA, Washington, DC1986
        • Larson E.
        • Lo B.
        • Williams M.
        Evaluation and care of elderly patients with dementia.
        J Gen Intern Med. 1986; 1: 116-126
        • Overman W.H.
        • Stoudemire A.
        Guidelines for legal and financial counseling of Alzheimer’s disease patients and their families.
        Am J Psychiatry. 1988; 145: 1495-1500
        • Roth L.H.
        • Meisel A.
        • Lidz C.W.
        Tests of competency to consent to treatment.
        Am J Psychiatry. 1977; 134: 279-284
        • Appelbaum P.S.
        • Roth L.H.
        Clinical issues in the assessment of competency.
        Am J Psychiatry. 1981; 138: 1462-1467
        • Mills M.J.
        Legal issues in psychiatric treatment.
        Psychiatr Med. 1985; 2: 245-261
      1. Kaimowitz v Michigan Department of Mental Health, Div No 73-91434-AW (Wayne County, Mich (Cir 1973), abstracted in 13 Criminal Law Rep 2452, reprinted in Law, Psychiatry and the Mental Health System. New York: Little, Brown, 1974.

        • Macdonald M.G.
        • Meyer K.C.
        • Essig B.
        Health Care Law. Matthew Bender, New York1986
      2. Mills M.F. Daniels M.L. Stoudemire A. Fogel B.F. Medical-legal issues, in Principles of Medical Psychiatry. Grune & Stratton, Orlando1987
        • Roth L.H.
        Competency to consent to or refuse treatment.
        in: Grinspoon L. Psychiatry 1982 The American Psychiatric Association Annual Review. American Psychiatric Press, Washington, DC1982: 350-360
      3. Coleman J. Working with the cognitively impaired elderly. American Society on Aging Regional Seminar. 1991.

      4. Medicare Catastrophic Coverage Act (1988). Public Law 100-360, 303(a). 42 U.S.C. 1396a.

      5. Omnibus Budget Reconciliation Act of 1993 (OBRA 93), Public Law 103-66, August 10, 1993.

      6. Cruzan v Mouton. No. CV384-9P, (Jasper County, Miss Cir 1989).

      7. Cruzan v Director, Missouri Department of Health. No. 88-1503 (58 LW 4916 1990).

      8. Kaiser Family Foundation. Primer on the Federal Budget. Menlo Park, Calif: Kaiser Family Foundation, May 1995 (No. 1057).

      9. 1997 Annual Report of the Board of Trustees of the Federal Old-Age and Survivors Insurance and Disability Insurance Trust Fund. Washington, DC: Social Security Administration, 1997.