NAELA Journal Volume 2 Issue 2

The Top Fourteen Things You Need to Know About the Uniform Trust Code
By I. Mark Cohen, Esq.
The UTC is the first major attempt to collect, unify, and codify the law of trusts.

U.S. Supreme Court Ruling Preserves Oregon's Landmark Death with Dignity Law
By Kathryn L. Tucker, Esq.
On January 17, 2006, the United States Supreme Court rejected the U.S. Attorney General's claim of authority to declare what constitutes a legitimate practice of medicine.

"Sufficient" Capacity: The Contrasting Capacity Requirements for Different Documents
By Lawrence A. Frolik, Esq., and Mary F. Radford, Esq.
In Anglo-American law, the concept of mental "capacity" is used to measure the degree to which an individual has the "mental ability to understand the nature and effects of one's acts" as determined by a medical or cognitive assessment of an individual's mental ability.

From the Elder-Friendly Law Office to the Elder-Friendly Courtroom: Providing the Same Access and Justice for All
By Rebecca C. Morgan, Esq.
On September 16, 2005, Stetson University College of Law dedicated the Eleazer Courtroom, the country's first high-technology elder-friendly courtroom.

Are In Terrorem Clauses No Longer Terrifying? If So, Can You Avoid Post-Death Litigation with Pre-Death Procedures?
By Donna R. Bashaw, CELA
Let us talk of wills (and trusts) and what occurs when the testator dies.

Preserving Public Benefits in Physical Injury Settlements: Special-Needs Trusts and Beyond
By John J. Campbell, CELA, MSCC
The primary goal of disability and long-term care planning in physical injury (PI) and worker's compensation (WC) settlements is to preserve the plaintiff's eligibility for governmental benefit programs, including Supplemental Security Income (SSI), Medicaid and Medicare.

Book Review
Healthy Aging
(Alfred A. Knopf, Div. of Random House, 2005) Author: Dr. Andrew Weil
Reviewed by Cynthia L. Barrett, CELA
To baby boomers hungry for sensible approaches to aging, Dr. Andrew Weil's Healthy Aging (Knopf, 2005) is like a well-cooked meal.

Fall 2006

 

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