Skip to main content
ClearingHouse Community
Part of the Sargent Shriver National Center on Poverty Law
Menu ≡

1992 October

Guardianship Jurisdiction Revisited

A Proposal for a Uniform Act

By A. Frank Johns, Vicki Gottlich & Marlis Carson

As interstate transfers of incapacitated adults have increased, so have the conflicts between states regarding the appointment of guardians. This article reviews the conflict of laws doctrine as it applies to guardianship and proposes that a uniform act be adopted similar to the Uniform Child Custody Jurisdiction Act.

Download this article   |   Read more ➢

Mediation in Guardianship Cases

A Promising Alliance

By Lauren Barritt Lisi & Anne M. Burns

This article describes the Center for Social Gerontology's recently established adult guardianship mediation project. It explains the need for the project, the types of clients it serves, and what it hopes to accomplish.

Download this article   |   Read more ➢

Developing a Legal Services Program Policy on Alternative Dispute Resolution

Important Considerations for Older Clients and Clients with Disabilities

By Marilyn Park, Erica F. Wood & Vicki Gottlich

This article encourages legal services advocates for the elderly and disabled to become more familiar with, and play an active role, in alternative dispute resolution programs. It focuses on the ways that they can use ADR to safeguard and strengthen the rights of their clients and describes which clients and cases will benefit from ADR.

Download this article   |   Read more ➢

Cutting Costs

Medicare Part B Advocacy Tools

By Bess M. Brewer & Alfred J. Chiplin Jr.

Advocates must be knowledgeable about the Medicare provisions that reduce or eliminate beneficiary financial liability for Medicare charges in order to represent clients competently. This article focuses on the provisions that hold down costs to beneficiaries under Medicare Part B.

Download this article   |   Read more ➢

State-Funded Medicare Advocacy Projects

By Jane Hardin, Charles Hulin & Rebecca Ivry

This article describes state-funded Medicare advocacy projects—their beginnings, their program goals, and their operational strategies.

Download this article   |   Read more ➢

Nursing Home Transfer and Discharge Protections

Rights Not Fully Recognized

By Michael R. Schuster, Patricia DeMichele & Bruce Vignery

This article surveys federal provisions protecting nursing home residents against unreasonable involuntary transfers and discharges and reports on states' implementation of these provisions.

Download this article   |   Read more ➢

Status of the Older Americans Act

By Alfred J. Chiplin Jr.

Update on the Older Americans Act, noting key provisions for the law and aging advocates.

Download this article   |   Read more ➢

Future Issues Under the Americans with Disabilities Act

By Vicki Gottlich & Robin Talbert

The Americans with Disabilities Act is a new tool for advocates fighting to improve the quality of life of older people with disabilities; issues to consider include the Act's application to nursing facilities and religious organizations, establishing disability, and limiting the cost defense.

Download this article   |   Read more ➢

Scams in the Marketing and Sale of Living Trusts

A New Fraud for the 1990s

By Lori A. Stiegel, Lee Norrgard & Robin Talbert

Many older people are unfamiliar with or fearful about probate and guardianship; the marketing and sale of living trusts to them is an area ripe for fraud and abuse.

Download this article   |   Read more ➢

MCCA Updates

Qualified Medicare Beneficiaries and Restrictive Medicaid Rules

By Patricia Nemore & Jeanne Finberg

This article describes two provisions of the Medicare Catastrophic Coverage Act of 1988 that significantly affect elderly persons—the Qualified Medicare Beneficiary (QMB) benefit, and Section 303(e) rules limiting states' use of restrictive Medicaid eligibility methodologies. The article discusses the provisions' implementation, interpretation, and issues for advocacy.

Download this article   |   Read more ➢
↑ Go up to the top.