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1991 October

Durable Powers of Attorney

An Analysis of State Statutes

By Lori A. Stiegel, Sally Balch Hurme & Michael Stone

One way in which the elderly may exercise some control over events if they become sick is through durable powers of attorney. This article examines the development of durable powers of attorney, as well as both common and unusual provisions contained in state statutes.

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Assisting Older Persons with Long-Term Care Insurance Choices

By Douglas Shapiro

This article points out the high cost and real risks involved in the purchase of long-term care insurance. It advises advocates on how to assist clients in determining whether purchase of a policy is in their interest and, if so, how much coverage they should obtain, and which policies offer reliable protection.

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Medigap Insurance

Consumers Receive Greater Protection But Still Shoulder Burden of Health Costs

By Naomi Karp & Bess M. Brewer

Due to the considerable gaps in Medicare coverage, senior citizens look to Medigap insurance for additional coverage protection. This article discusses the Medigap market abuses that have occurred and the various efforts that have been made to curb them.

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Melkonyan v. Sullivan

What Hath the Supreme Court Wrought?

By Gill Deford

The relationship between the Social Security Act and the Equal Access to Justice Act is a critical one for the elderly and disabled and their advocates. This article examines how recent decisions have obfuscated this relationship, and it suggests ways in which advocates may interpret the present confusion.

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Guardianship Monitoring

An Advocate's Role

By Susan Miler & Sally Balch Hurme

The position of substitute decision maker, or guardian, for people who have been determined incompetent is open to confusion and abuse. This article examines guardianship issues and steps that advocates can take to ensure effective guardianship.

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Housing Rights of Older Persons

By Kim Savage & Stephanie Edelstein

During the past year, there has been a significant increase in the number of complaints by the elderly, who allege that they have been denied admission to or evicted from rental housing because of their perceived inability to live independently. This article covers recent developments in the housing rights of the elderly and the frail elderly with respect to both federal and private housing.

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Seeking Self-Determination in the Patient Self-Determination Act

By Charles P. Sabatino & Vicki Gottlich

Medical decision making concerning life-sustaining treatment becomes considerably more complicated when patients become incompetent. The authors of this article discuss how the requirements of the Patient Self-Determination Act could have a profound effect on the way competent adults plan for critical health care decisions and possible incompetency.

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