NAELA Journal Volume 15 Issue 1 e-Issue

Observing the NOTICE Act

By  Professor Leigh Melton, JD, Amanda Bird, JD, and Lauren Ritter, JD
In September 2014, after fainting in her bathroom, 76-year-old Caroline Giada suffered a severe injury, was rushed to an emergency room, and was placed under “observation status” while medical staff conducted various tests to diagnose her injury.

A More Perfect Union: Eugenics in America

By  Miriam H. Markfield, Esq.
Elder and special needs law attorneys, who represent the interests of clients vulnerable to eugenic rhetoric and policy, are in a unique position to identify and combat eugenic threats to people with disabilities. Understanding the history of the Ame

Health Care Decision-Making During a Crisis When Nothing Is in Writing

By  David Godfrey
Every day in a hospital near you, a patient is critically ill, near death, or unable to make or communicate his or her health care decisions, with no one named by the patient to make these decisions under such circumstances.

Case Note: Kindred Nursing Centers v. Clark: United States Supreme Court Decisions on Mandatory Ar

By  Laurence I. Gendelman, Esq.
On February 22, 2017, the U.S. Supreme Court heard arguments regarding Kindred Nursing Centers v. Clark on writ of certiorari from the Kentucky Supreme Court. The Kentucky Supreme Court found that an arbitration agreement executed by a principal’s

Book Review: The Gentle Art of Swedish Death Cleaning: How to Free Yourself and Your Family From a L

By  Reviewed by Shelley D. Coelho, Esq.
The author, who professes to be “aged between eighty and one hundred,” prefers to deal with disposing of her belongings herself, instead of placing the burden on her family after her death. This book is relevant to elder law attorneys because we ofte

Book Review: In the Slender Margin: The Intimate Strangeness of Death and Dying

By  Reviewed by Elle Tauer
When it comes to death and dying, perceptions are shaped by culture, and in The Intimate Strangeness of Death and Dying Eve Joseph takes us on a lyrical journey of historic and contemporary interpretations of the process. An easy read, this book is a

What Stephen King Can Teach Lawyers About Writing — On Writing: A Memoir of the Craft

By  Charles P. Golbert
What can the King of Horror teach attorneys about writing? A lot, it turns out.

Book Review: Who Moved My Teeth? Preparing for Self, Loved Ones & Caregiving

By  Reviewed by Kathleen Martin, CELA
This is a short book, jam-packed with important information that elder law attorneys wish everyone — individuals, caregivers, and caregivers-to-be — would pay attention to. The information is delivered in a humorous way, with a light hand, grounded i

Spring 2019


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