NAELA Journal Volume 15 Issue 2 e-Issue

Directed Trusts: A Primer on the Bifurcation of Trust Powers, Duties, and Liabilities in Special Nee

By  William D. Lucius, Esq., and Shirley B. Whitenack, Esq., CAP, Fellow
The provision of legal services in the fields of elder law and special needs planning has expanded over the past decade into a client-focused, holistic, and collaborative approach.

Portable Medical Order Sets (POLST®): Ethical and Legal Landscape

By  Professor Sharona Hoffman
This article describes and assesses POLST. Focusing on patient autonomy, the article analyzes POLST benefits and risks. In addition, it surveys the laws and regulations that govern POLST.

POLST®: Co-Piloting, Not Hijacking, the Advance Directive

By  Fay Blix, CELA, CAP, and Susan W. Tolle, MD
This article presents scenarios in which medical doctors work with patients and their families throughout the course of an illness to ensure quality care for patients and implementation of their end-of-life treatment preferences. The article also ill

The Social Security Administration’s Policy Overhaul

By  Anna Sappington, Esq.
Persons with disabilities rely on special needs trusts (SNTs) to pay for goods and services that enhance their quality of life. The rules that govern SNTs primarily come from the Social Security Administration (SSA). In 2018, SSA fundamentally altere

Case Note: Sveen v. Melin, 138 S. Ct. 1815 (2018)

By  Elizabeth J. Hartery, Esq.
In recent years, the prevalence of revocation-on-divorce statutes, in which dissolution or annulment of a marriage automatically revokes provisions related to a former spouse in an instrument executed prior to the event, has been increasing.

Case Note: Disability Law Center of Alaska v. Davidson

By  Adriona Horton
On March 28, 2018, the U.S. District Court for the District of Alaska, in Disability Law Center of Alaska v. Davidson denied defendants’ motion for summary judgment on plaintiffs’ three Title 42 U.S.C. § 1983 claims alleging that defendants were in

Fall 2019


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