Elder Law

Catalog description

This course examines a number of legal, ethical, and social issues raised by our nation's growing elder population. It aims to do so in a way that is not only interesting for the general law school population, but also practical for those considering a career that involves advising older adults and those who may be called upon to assist elderly friends and family members. Focus is on the practical application of the current laws in Elder Law. Special attention is given to: (i) elder abuse, neglect, and financial exploitation; (ii) end-of-life issues, including health care directives and surrogacy; (iii) guardianships; (iv) managing and paying for health care, including Medicaid, Medicare, long-term care insurance, and health care reform issues; (v) property management, including durable powers of attorney for property, joint ownership and financial accounts, and estate planning to ensure Medicaid and/or Medicare coverage; (vi) ethical issues in elder representation; (vii) remedies available to vulnerable adults, such as criminal, administrative, and civil remedies, including medical malpractice. Finally, through simulated client cases, students will learn how to prepare documents related to surrogate decision-making, including drafting an Advanced Healthcare Directive, an Appointment of a Healthcare Agent, and a Personal Financial Powers of Attorney, as well as documents relating to the appeal of the denial of Medicare and Medicaid benefits.