NAELA Journal Volume 6 Issue 2

Special Needs Trusts: Reflections on Common Boilerplate Provisions

By  Professor Jeffrey N. Pennell
The following article originated as a presentation at the 2009 Special Needs Trusts Annual Conference organized by Professor Rebecca Morgan at Stetson University College of Law. Offered as part of the “basics” curriculum of that program, the focus is

Dementia and Legal Capacity: What Lawyers Should Know When Dealing With Expert Witnesses

By  Sharon B. Gardner, Esq.; Catharine Coble Armstrong, Esq., and Denise Rashti, MD
Doctors and lawyers view dementia from different perspectives. Doctors are concerned with the diagnosis and treatment of dementia. Lawyers are focused on how a dementia diagnosis may influence an individual’s capacity to function intellectually or th

Health Care Surrogate Decision Making and Bioethics: Case Studies from the Files of the Office of th

By  Charles P. Golbert, Esq.
The Office of the Cook County Public Guardian (Public Guardian’s Office) in Chicago is one of the largest guardianship offices in the country. It serves as guardian of the person and/or estate for more than 800 persons with disabilities.

Terminating Treatment for Incompetent Persons: The Need for Objective Standards

By  Caroline Klosko, Esq. and William J. Brisk, CELA
Courts in the United States decide whether to terminate treatment for incompetent patients on the basis of either a subjective test or an objective test.

It’s All About the Money: Denying Disabled Veterans the Right to an Attorney

By  Benjamin W. Wright
Twenty years ago, Congress passed the Veterans’ Judicial Review Act (VJRA), due in large part to the efforts of Vietnam Era veterans frustrated by the perceived inability of the Department of Veterans’ Affairs (VA) to process claims for disability co

Book Review: They’re Your Parents, Too! How Siblings Can Survive Their Parents’ Aging Without Drivin

By  Barbara J. Gilchrist, JD, PhD
Remember “Ask Francine” in Time magazine? Beginning in April 2004, and continuing for almost 10 years, Francine Russo shared stories from baby boomers and responded to their dilemmas with wit and wisdom. Now she has written a book using the same tech

Book Review: Organizing the Chaos, Dispelling the Myths, Elevating the Debate: CCH’s Successful

By  Claire DeMarco, Esq.
Rarely in our country’s history has a single legislative issue spawned over half a century of debate; those that have are among the most intimate to our delicate balance of federalism and individualism — judicial review, slavery, women’s suffrage, th

Fall 2010


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