Law and Aging: Essentials of Elder Law, 2/E
Ronald J. Schwartz, Esq., L.L.M. The Law Office of Ronald J Schwartz

ISBN-10: 0131173227
ISBN-13: 9780131173224

Publisher: Prentice Hall
Copyright: 2005
Format: Paper; 400 pp
Published: 07/26/2004

Suggested retail price: $96.80
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For courses in Elder Law.

Updated to reflect the enormous legal changes since the first edition in 1998, this text includes detailed and comprehensive descriptions of the essential topics of elder law-including advance directives, wills, financial planning, diseases of aging, love and marriage, HIPAA regulations, Tax Relief Act of 2001, healthcare decision making, entitlement programs, managed care and long-term care insurance, viatical settlements, living facilities for the elderly, and elder abuse.

NEWChapter on Diseases of Aging (Chapter 2).

~Provides information on the prevalence, treatment, and prevention of diseases that disproportionately affect older persons.

NEWChapter on Love and Marriage among the Elderly (Chapter 8).

~Teaches students to recognize that many elderly are widowed or divorced and their estates require special consideration when there are children from a prior marriage.

NEWUpdated information on Financial Planning (Chapter 7).

~Discusses the effects of the Economic Growth and Tax Relief Act of 2001 implemented by President Bush.

NEWHIPAA coverage and liabilities.

NEWCase law materialsWith an emphasis on constitutional law.

~Students are provided a more sophisticated understanding of legal issues addressed by elder lawyers.

NEWCD-ROMContaining additional sample documents, a statistical profile on the elderly, and a list of resources.

~Additional resources aid students in applying the knowledge from the text into real world situations.

Takes into account the changes and urgency surrounding estate planning, wills, trusts, and health care proxies since the events of September 11, 2001.

~Encourages students to explore how the practice of elder law has changed in recent years.

Extensive coverage of Entitlement Programs.

Coverage of current events and how laws are affected.

~Provides students with engaging and interesting learning.

Glossary and Medical Glossary.

~Helps students become proficient in using the professional vocabulary they will encounter on the job.

  • Chapter on Diseases of Aging (Chapter 2).

    • Provides information on the prevalence, treatment, and prevention of diseases that disproportionately affect older persons.

  • Chapter on Love and Marriage among the Elderly (Chapter 8).

    • Teaches students to recognize that many elderly are widowed or divorced and their estates require special consideration when there are children from a prior marriage.

  • Updated information on Financial Planning (Chapter 7).

    • Discusses the effects of the Economic Growth and Tax Relief Act of 2001 implemented by President Bush.

  • HIPAA coverage and liabilities.

    • Provides students with knowledge of medical privacy issues, as well as, exploring the threat of prosecution to elder law attorneys for providing HIPAAA advice to their clients.

  • Case law materials—With an emphasis on constitutional law.

    • Students are provided a more sophisticated understanding of legal issues addressed by elder lawyers.

  • CD-ROM—Containing additional sample documents, a statistical profile on the elderly, and a list of resources.

    • Additional resources aid students in applying the knowledge from the text into real world situations.



 1. Introduction: The Aging of America.


 2. Diseases of Aging.


 3. Initial Interview.


 4. Advance Directives.


 5. Wills.


 6. Guardianships.


 7. Financial and Estate Planning.


 8. Love and Marriage among the Elderly: When Granny Ties the Knot.


 9. Entitlement Programs Part I.


10. Entitlement Programs Part II.


11. Patient's Rights in Health Care Decision Making.


12. Managed Care and Long-Term Care Insurance.


13. Viatical Settlements and Accelerated Life Insurance Benefits.


14. Living Facilities for the Elderly.


15. Elder Abuse.


16. Resources for the Elder Care Law Team.


Glossary.


Medical Glossary.


Index.


Appendix 1 - 18 found on the CD-ROM.

"A very thorough, scholarly presentation of the information with excellent attention to detail. There are a sufficient number of cases and examples, and they do a goad job illustrating the material." — Laura Barnard, Probate Instructor and Attorney

"The second edition magnificently brings the substantive materials up to date, and the entitlements chapter continues to be superb." — Michael A. Pener, Elder Law Instructor and Attorney

RONALD J. SCHWARTZ, JD, LLM, earned both his Law and Masters degrees from Brooklyn Law School and was admitted to practice before the New York Bar in 1964 and the Florida Bar in 1979. His practice specializes in Estate Planning, Wills, Probate, Guardianships, Trusts, Bio-Medical Ethics, and Representation of the Elderly and their Families in Elder Law Advocacy. He is recognized as a pioneer in the rapidly growing field of elder law.

Mr. Schwartz began his legal career as an assistant corporation counsel in the Law Department of the City of New York. Although in 1967 he entered private practice and established his own law firm, which he still maintains today, he nevertheless continued his association with city government by serving as an administrative law judge for the New York City Department of Transportation for seventeen years.

In the late 1970s, he began to devote more of his time to representation of the elderly and their families, providing them with legal counsel in the areas of Medicare, Medicaid, wills, probate, conservatorships, trusts, estate planning, and bio-medical ethics.

Mr. Schwartz has a diversified staff, including trained paralegals, a full-time registered nurse, a Medicaid clerk, and a certified social worker. He has developed interdisciplinary relationships with social workers, geriatric physicians, geriatric psychiatrists, social service agencies, and health care agencies. He is recognized as a pioneer in protecting the legal rights of the elderly and providing counsel to them on how to maintain their integrity, self-respect, and dignity.

He is a member of the New York State Bar Association Elder Law Committee, Former Vice Chairman of the Queens County Bar Association Elder Law Committee, Nassau County Bar Association Elder Law Committee, Florida Bar Elder Law Committee, and New York State Assembly Legislative Committee on the Elderly.

Mr. Schwartz is a frequent guest lecturer for financial institutions, philanthropic organizations, and on Princess Cruise Lines, Celebrity Cruise Lines, and Holland-America Cruise Lines. He has written many professional articles on elder law, is a special adjunct professor at Brooklyn Law School, an adjunct associate professor at St. John's University and has served as an adjunct professor of law at the State University of New York.

The field of elder law continues to grow and adapt to the changing demographics in this country. Consequently, clients are more focused than ever on planning for the future disposition of their assets:

  • making new wills
  • setting up trusts for their families
  • executing powers of attorney
  • preparing health care proxies
  • writing living wills, and
  • considering other estate planning devices

New laws recently passed by Congress affect every American in the areas of

  • Taxation
  • Patient's rights
  • Entitlement programs

In addition to responses to current trends, Law and Aging has been expanded in this second edition to include chapters on

  • Diseases of the Aging—providing information on the prevalence, treatment, and prevention of diseases that disproportionately affect older persons
  • Love and Marriage Among the Elderly—recognizing that many elderly persons are widowed or divorced and their estates require special consideration.

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