Aging and the law : an interdisciplinary reader

著者

書誌事項

Aging and the law : an interdisciplinary reader

edited by Lawrence A. Frolik

Temple University Press, 1999

  • : cloth
  • : pbk.

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注記

Includes bibliographical references and index

内容説明・目次

内容説明

As Americans live longer, and as the \u0022baby boom\u0022 generation approaches retirement, the social, political, and legal needs of older citizens pose a challenge to our institutions. One response has been the rise of \u0022elder law.\u0022 In this groundbreaking reader, Lawrence A. Frolik gathers together seminal essays on the intersection of law and issues affecting older Americans. The essays take into account not only the variety of professional perspectives but also the perspectives of individual older people, care givers, and family members. After an introduction covering the nature of elder law, social attitudes toward the elderly, aging and ethnicity, and generational justice, the book includes sections on work, income, and wealth; housing; mental capacity; health care decision making; long-term care; health care finance; family and social issues; and abuse, neglect, victimization, and elderly criminals. It concludes with essays on legal representation and ethical issues. The essays have been edited to make them easily accessible to students and the general reader, and Professor Frolik has supplied introductions to the sections, as well as summaries of issues for which the essays could not be included. Both comprehensive and engaging, Aging and the Law brings together essays by lawyers, social workers, health care professionals, and policy makers, as well as selected case law and congressional hearings.

目次

CONTENTS (Brief) Preface List of Contributors Part I: Introduction 1. What is Elder Law? 2. Why Treat Older Persons as a Separate Category? 3. Social Attitudes Toward the Elderly 4. Who is Old? 5. Aging and Ethnicity 6. Generational Justice Part II: Work, Income, and Wealth 7. Retirement 8. Age Discrimination in Employment 9. Pensions 10. Social Security 11. Social Security Reform Part III: Housing 12. Housing Needs 13. Appropriate Housing 14. Continuing Care Communities 15. Broad and Care Homes 16. Assisted Living Part IV: Mental Capacity Issues 18. Legal Standards of Mental Incapacity 19. Guardianship Procedures 20. Guardianship Reform 21. Personal Autonomy and Families 22. Alternatives to Guardianship Part V: Health Care Decision Making 23. The Doctrine of Informed Consent 24. The Right to Die of Competent Older Adults 25. Competent Older Adults 26. Structural Responses to Competency and Informed Consent Controversies 27. Mentally Incapacitated Older Patients A. What is Mental Capacity? B. Proxy Decision Making C. Legislative Responses 28. Assisted Suicide Part VI: Long-Term Care 29. Home Health Care A. What Is Home Health Care? B. Paying for Home Health Care Programs C. Regulation of Home Health Care 30. Board and Care Homes 31. Nursing Homes A. Profile of Residents B. Mechanisms for Monitoring Care 32. Financing Long-Term Care Part VII: Health Care Finance 33. Medicare A. Introduction B. History of Medicare C. Medicare and Health Maintenance Organizations 34. Medicare Reform 35. Rationing of Health Care 36. Medicaid 37. Medicaid Reform 38. Filial Responsibility for Impoverished Parents Part VIII: Family and Social Issues 39. Marriage and Family 40. Spiritual Issues 41. Social Problems A. Alcohol B. Suicide C. Loneliness D. Mental Health Part IX: Abuse, Neglect, Victimization, and Elderly Criminals 42. Abuse and Neglect of Older Persons A. Definitions and Causes B. Financial Exploitation 43. Abuse and Neglect in Institutions 44. Sentencing of Elderly Criminals Part X: Legal Representation and Ethical Considerations 45. Introduction 46. Representing the Incapacitated Client 47. Ethical Conflicts About the Contributors Index

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