Elder Law in a Nutshell, 4th ed. updates the previous edition to reflect the fast pace of legal change in this area of the law. Special attention is paid to major changes in Medicare, including the new Part D prescription drug program, means-testing of premiums, Medigap policies, and appeals procedures, as well as the 2006 amendments to Medicaid eligibility requirements that pertain to asset transfers, home equity limitations, and long-term care insurance incentives. The latest edition introduces the reader to the rapidly growing legal specialty of elder law. Addressing the myriad of legal issues encountered by the elderly, the book is a succinct overview of this complex intersection of law and social policy, including such areas as health care decision-making, pensions, Social Security, reverse mortgages, nursing homes, guardianship, long-term care, age discrimination in employment, and veterans benefits. The book is designed to assist anyone who has regular contract with older persons, including lawyers, law students, social workers, health care personnel, retirement planners and gerontologists or anyone who wishes a better insight into the world of elder law.

Mastering Contract Law explores the basic principles and purposes of contract law, including a discussion of background principles and traditions of private ordering. The book explains contract formation, interpretation, and the requirement of written evidence for enforcement of certain types of promises. It explores the themes and doctrines of reliance, restitution, and the importance of public policy in contract law. Chapters include all of the areas of contract law typically covered in the first-year course, including the bargained-for exchange, unenforceable contracts, performance and breach, obstacles to performance, modification, pre-contractual obligation, remedies and damages, and stakeholders other than contracting parties, including the third-party beneficiary doctrine, delegation and assignment. The organization of the book reflects the five sequential questions that frame the thought processes of lawyers and judges dealing with contracts issues. For example, before considering whether a party's conduct amounts to a breach, a judge would answer the question whether the parties had indeed formed a contract. In addition to explaining the major cases traditionally covered in contracts classes, the authors present common-sense examples and hypotheticals in order to link student intuitions about fairness and competition to the law of contracting.

Mastering Statutory Interpretation explains the methods of interpreting statutes, including a discussion of the various theories and canons of interpretation. The book begins by exploring these theories and identifying the sources of meaning the theorists use to interpret statutes, including intrinsic, extrinsic, and policy-based. Throughout, the text uses the major cases in each area of study to explain how the canons work in practice. Finally, each chapter provides a concise roadmap and summary to introduce and encapsulate the most important material. The second edition adds one new chapter to address the administrative issues that faculty teaching legislation and regulation need, as well as a running hypothetical to help students better implement what they are learning.

Elder Law: Practice, Policy, and Problems is designed with the teacher and learner in mind. It combines a client-focused approach with in-depth discussions of elder law related policy issues. Designed to be simultaneously practical and theoretical, it provides students with specific legal knowledge and a conceptual framework for understanding key issues facing older adults and the attorneys who represent them. The author’s narrative frames a series of primary materials including cases, statutes, regulations, and sample documents, as well as excerpts from articles designed to stimulate student thinking and discussion. Problems and hypothetical exercises—many of which relate to client counseling—ask students to imagine themselves in the role of the elder law attorney, and to describe how they would handle various scenarios, such as a client meeting. In addition, questions in each section prompt students to critique key policies and thereby test their understanding of those policies. New to the Second Edition: Comprehensive updates that capture changes in law and policy, including major revisions to nursing home regulations, new developments in guardianship law, and an emerging line of cases on age discrimination in hiring New coverage of: family caregiving and caregivers’ rights “Gray divorce” and its implications for policy design and planning Supported decision-making Social service interventions that address elder abuse Professors and students will benefit from: Very clearly organized content A client-centered approach Integrated discussion of policy and current issues supported by relevant cases, statutes, regulations, sample documents, and commentaries. All relevant statutory material being within the casebook, meaning there is no need to require a separate statutory supplement Practice problems of varying difficulty that encourage students to apply what they are learning to realistic client-focused hypothetical scenarios Questions throughout the text that prompt critical thinking, and prepare students to engage in classroom discussion Exercises that can be used for either independent or in-class assignments

Written by nationally-known elder law practitioner Robert Fleming, The Elder Law Answer Book gathers the most current legal, regulatory, and practice guidelines from the core topics of elder law; long-term care, estate planning, retirement planning, healthcare decision making, and rights of the elderly--and presents this information in a thoroughly integrated, easy-access reference. Chapter highlights include: Estate planning And The elderly Key relationships between retirement planning and estate planning Commonly used approaches to ease tax burdens and preserve their wealth Medicaid and long-term care planning Special trusts useful To The elderly Guardianship and conservatorship Probate and trust administration Practice management Retirement planning, including both qualified and non-qualified plans IRA's And The new distribution rules and much more!