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1994 October

Twenty Years of ERISA

So what?

By Vicki Gottlich

It is questionable whether, twenty years after its enactment, ERISA has met its goals, especially with regard to lower-income employees; this article reviews what ERISA does and discusses pension reform and education that would improve pension coverage and benefits for low-income workers.

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Helping Seniors Avoid Utility Service Loss

By The National Consumer Law Center Download this article   |   Read more ➢

Practice Tips for Representing Older SSI Clients in Divorce Proceedings

By Ethel Zelenske

This article presents the basic knowledge of the SSI program that advocates representing SSI clients in separation or divorce proceedings need to know in order to meet clients' financial and medical needs optimally.

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Limited Guardianship

Its Implementation Is Long Overdue

By Sally Balch Hurme

The author reviews the status of legislation giving courts the authority to tailor guardianship orders to fit an individual's needs and explains the reasons why courts fail to use these limited orders more frequently. She also suggests what advocates can do to make more certain that a person needing guardianship retains as many civil and personal rights as possible.

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Ethical Issues in Representing Older Clients

By Naomi Karp, Bruce A. Green & Nancy Coleman Download this article   |   Read more ➢

Ten Legal Myths About Advance Medical Directives

By Charles P. Sabatino

Advanced legal directives combine elements within living wills and health care power of attorneys or health care proxies. Since many people are unfamiliar with the laws regarding advance legal directives, this column outlines ten common myths about them and includes a resource list.

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Older Americans and the Americans with Disabilities Act of 1990

Title I

By J. Kenneth L. Morse & Sharon Rennert

Many older individuals with disabilities may not consider themselves as having a disability or recognize that they have been subjected to discrimination on that basis; this article reviews Title I of the Americans with Disabilities Act and enforcement of its provisions prohibiting discrimination against individuals with disabilities.

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Senior Attorney Volunteer Projects Multiply

By Stephanie Edelstein & Jan May Download this article   |   Read more ➢

The Changing Long-Term Care Industry

New Levels of Care

By Toby Edelman

The newest and most profitable development for the long-term care industry is the creation of new institutional services, which their proponents call subacute care and assisted living. This article reviews this development, including the definitions of the new levels of care, their marketing and profitability, the need for governmental oversight, and the concerns of poor consumers of service.

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Climbing Out of the Utah Gap

1993 Medicaid Amendments Support the Use of Miller Trusts

By Patricia Nemore

This article discusses the use of Miller trusts to establish eligibility for Medicaid.

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Legal Support to Long-Term Care Ombudsman Programs

Seven Years Later

By Lori Owen & Michael R. Schuster

Congress amended the Older Americans Act in 1987 to require states to ensure that long-term care ombudsman programs have adequate legal support. This article discusses how ombudsman programs obtain legal support seven years after the requirement and analyzes whether this legal support is adequate.

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