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1990 October

Delivery of Legal Services to the Elderly

A Look into the Future

By Wayne Moore

Free legal hotlines for senior citizens may be the delivery system of the future.

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Surrogate Decisionmaking Under the Omnibus Budget Reconciliation Act of 1987

A Flawed Remedy?

By Bruce Vignery & Michael R. Schuster

This article discusses recent federal developments dealing with surrogate decisionmaking and makes suggestions at to how advocates should advise clients on the uses of these arrangements.

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Proposed Solutions to Social Security Representative Payee Problems

By Lori A. Stiegel

This article provides an overview of the Representative Payee Abuse Prevention Act of 1989 and the Social Security Representative Payee Act of 1989.

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Trends in Guardianship Reform

Roles and Responsibilities of Legal Advocates

By Penelope A. Hommel, Anne M. Burns & Lu-in Wang

Recent recognition of deficiencies in the traditional approach to guardianship has led to significant legislative efforts to reform the guardianship process

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Toward a Barrier-Free Courthouse

Equal Access to Justice for Persons with Physical Disabilities

By Erica F. Wood

"Equal access to justice" may remain elusive for persons with physical disabilities who are stopped at the courthouse door, not by lack of jurisdiction, standing, funding, or legal assistance, but by stairs, hallways, restrooms, and seating arrangements that they cannot use.

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The Nursing Home Reform Law

Issues for Litigation

By Toby Edelman

Effective October 1, 1990, the nursing home reform law sets a new standard of care for nursing facilities; federal law now requires facilities to provide care and services in a way that enables each resident to attain and maintain his or her highest practicable physical, mental, and psychosocial well-being.

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Nursing Home Admission Contracts

Undermining Rights the Old-Fashioned Way

By Charles P. Sabatino

The most common problems with nursing home admission contracts include poor form and readability, unclear references to services and costs, problems with financial responsibility, liability waivers for personal injury or property damage. restrictions on personal rights and freedoms, and problems with transfer and discharge rights.

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COBRA Continuation Coverage

It's Not Just for Health Lawyers Anymore

By Esther Koblenz & Vicki Gottlich

COBRA questions may arise in the context of unemployment compensation, divorce, child custody, and social security disability cases; this article provides an overview of COBRA and a guide to enforcing beneficiaries' rights under the Act.

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Update on Important Social Security and SSI Provisions of OBRA-89

By Eileen P. Sweeney

The Omnibus Budget Reconciliation Act of 1989 includes many provisions that directly benefit social security and SSI applicants and beneficiaries, as well as some that will facilitate client representation before SSA.

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