Geriatrics And The Law

Author : Marshall B. Kapp, JD, MPH
Publisher : Springer Publishing Company
Page : 329 pages
File Size : 45,8 Mb
Release : 1999-04-28
Category : Law
ISBN : 9780826197719

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Geriatrics and the Law by Marshall B. Kapp, JD, MPH Pdf

"The updated Third Edition of Geriatrics and the Law by the leading scholar in law and old age belongs on the desk of every hospital and long-term care administrator, Director of Nursing, and Medical Director. It is the most comprehensive volume available on the topic. The book provides clearly written legal and ethical principles and their implications and applications."--Elias S. Cohen, JD, Executive Director, Community Services Systems, Inc. Significant changes in the law are affecting patients' rights and professionals' responsibilities in providing clinical services to the elderly. This edition of Kapp's successful text continues to inform and sensitize health care professionals about the legal issues, and offers practical advice and guidance to practitioners in a variety of disciplines. The text has been thoroughly updated and, where appropriate, expanded. Topics woven into each chapter include: implications of the relevant statutes, regulations, judicial opinions, private guidelines, and discussion of new laws. This practical book is a valuable and useful resource for practitioners, health care students, and educators. It contains extensive references and a helpful Appendix of Resources.

Author : Marshall B. Kapp,Arthur Bigot
Publisher : Unknown
Page : 280 pages
File Size : 41,9 Mb
Release : 1985
Category : Law
ISBN : UOM:39015009539183

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Geriatrics and the Law by Marshall B. Kapp,Arthur Bigot Pdf

Author : Israel Doron
Publisher : Springer Science & Business Media
Page : 165 pages
File Size : 53,7 Mb
Release : 2008-09-25
Category : Family & Relationships
ISBN : 9783540789543

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Theories on Law and Ageing by Israel Doron Pdf

This book is about trying to answer questions. These questions were well introduced by Prof. Margaret Hall in the opening of her chapter in this book: “The fundamental idea of ‘law and aging’ as a discrete category of legal principle and theory is controversial: how and why are ‘older adults’ or ‘seniors’ or ‘elders’ (the very terminology is controversial and fraught with difficulties) a discrete and distinct group for whom ‘special’ legal thought and treatment is justified? For some, a category of law and aging is inherently paternalistic, suggesting that older persons are, like children, especially in need of the protection of the law. In this sense, the argument continues, the category itself internalizes ageist presumptions about older adults and is therefore inherently flawed and even harmful. If certain older adults are, because of physical or mental infirmities, genuinely in need of an enhanced level of legal protection, this entitlement should be conceptualized in terms of their disability; older adults are not a distinct group but an arbitrarily delineated demographic category which contains within it any number of groups that are legitimately distinct for the purposes of legal theory (the di- bled; women; persons of colour; Aboriginal persons; rich and poor; etc.) Indeed, the arti- cial category of “older adults” may be seen as obfuscating, submerging these more meaningful distinctions.

Author : Marshall B. Kapp
Publisher : Unknown
Page : 244 pages
File Size : 53,5 Mb
Release : 2003
Category : Family & Relationships
ISBN : UOM:39015061334390

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The Law and Older Persons by Marshall B. Kapp Pdf

Therapeutic Jurisprudence (TJ) is a way of exploring the ways in which the law in practice (as opposed to theory) can exert positive or negative effects on real people in actual situations. This book applies the inquiries of TJ to the areas of geriatrics and gerontology, focusing on facets of laws pertaining specifically to older persons in the United States. Through a series of thoroughly referenced chapters, mixing analytic discussion and case examples, Kapp asks such questions as: Is legal involvement and intervention in the lives of older persons a good thing for both the intended beneficiaries and society as a whole? What is therapeutic jurisprudence and why is it relevant to older Americans? What is the intent of the laws pertaining to older persons in such contexts as nursing home and home health care regulation; end-of-life medical decision-making; regulation of research involving older persons as human subjects; the role of consumer choice and control for older persons in selecting among health plans and directing their own long term care; guardianship and other interventions for the incapacitated aged; employment; retirement; age discrimination; and the professional liability tort system? Most importantly, when regulation fails, what are our best alternatives as advocates for the elderly, and for our future selves? "This book should be a must-read for legislators and policy-makers dealing with the elderly. Advocacy groups for the elderly would also be well served to read this book." -- Margaret Davino, Care Management Journals

Author : Marshall B. Kapp
Publisher : Unknown
Page : 360 pages
File Size : 49,8 Mb
Release : 1992
Category : Geriatrics
ISBN : UOM:49015002342369

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Geriatrics and the Law by Marshall B. Kapp Pdf

Author : Marshall B. Kapp, JD, MPH, FCLM
Publisher : Springer Publishing Company
Page : 136 pages
File Size : 53,8 Mb
Release : 2005-09-01
Category : Law
ISBN : 0826116531

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Ethics, Law, and Aging Review, Volume 11 by Marshall B. Kapp, JD, MPH, FCLM Pdf

We are now engaged in a movement that de-emphasizes the reliance on institutional forms of long-term care for disabled persons needing ongoing daily living assistance and converges on the use of non-institutional service providers abnd residential settings. In this latest edition of Ethics, Law and Aging Review , Kapp and ten expert contributors help us examine the forces and potential for changeing the long-term care industry (both positively and negatively) and address this paradigm shift from the inpersonal, public psychiatric institutions of the 1960s and 1970s to the present-day assisted living environments that have been fueled by economic, social, polictical, and legal forces. Most important ly, this volume identifies obstaclesto change and enlighten service providers, advocates, and key policy makers to the pitfalls that can largely interfere with positive outcomes as a result of long-term care deinstitutionalization. Topics explored include: Community-based alternatives for older adults with serious mental illness Failing consumer-directed alternatives to nursing homes Ethics of Medicare privatization

Author : Marshall Kapp
Publisher : Jones & Bartlett Learning
Page : 374 pages
File Size : 46,9 Mb
Release : 2010-10-25
Category : Business & Economics
ISBN : 9780763756321

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Legal Aspects of Elder Care by Marshall Kapp Pdf

A wide variety of legal issues surround caring for older individuals. Health and human service practioners need to plan, provide and evaluate geriatric care, while also understanding public policies. Legal knowledge is an essential part of caring for the elderly. Students and professionals must be able to deliver appropriate care while also being aware of any legal, ethical and pilitical issues that may arise. Legal Aspects of Elder Care provides a clear overview of geriatric policies and laws, enabling the reader to use informed decision-making with older clients.

Author : Marshall B. Kapp, JD, MPH, FCLM
Publisher : Springer Publishing Company
Page : 152 pages
File Size : 40,7 Mb
Release : 2004-12-06
Category : Medical
ISBN : 9780826116390

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Ethics, Law, and Aging Review, Volume 10 by Marshall B. Kapp, JD, MPH, FCLM Pdf

Although the topic of decision making capacity and older persons has been discussed in the literature, there still is much to be learned about it theoretically and practically. Experts continue to disagree about which standards are important for assessing decision making capacity. Questions such as: ìWhen should a capacity assessment be done on an older person and by whom?î are covered by the editors. Topics included in this volume are the application of an original framework for ethical decision making in long term care; an elder's capacity to decide to remain living alone in the community; the quest for helpful standardized instruments for evaluating decision making capacity; and end-of-life liability issues.

Author : Marshall B. Kapp
Publisher : Springer Publishing Company
Page : 200 pages
File Size : 44,5 Mb
Release : 2001-09-24
Category : Medical
ISBN : 0826114571

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Ethics, Law, and Aging Review, Volume 7 by Marshall B. Kapp Pdf

This book discusses both the real and perceived legal liability context within which health and human service delivery to older persons takes place. The benefits and costs of litigious, legislative, and regulatory interventions on the quality of care and the quality of life for recipients of geriatric services is evaluated.

Author : Kathleen Cranley Glass
Publisher : National Library of Canada = Bibliothèque nationale du Canada
Page : 920 pages
File Size : 43,5 Mb
Release : 1992
Category : Informed consent (Medical law)
ISBN : 0315747919

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Elderly Persons and Decision-making in a Medical Context [microform] : Challenging Canadian Law by Kathleen Cranley Glass Pdf

"The statutes, case law and legal literature referenced in this thesis are up to date as of December 25, 1991." --

Author : Israel Doron,Ann M. Soden
Publisher : Springer Science & Business Media
Page : 228 pages
File Size : 50,9 Mb
Release : 2012-03-30
Category : Law
ISBN : 9783642259715

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Beyond Elder Law by Israel Doron,Ann M. Soden Pdf

All over the world, there is a growing interest in the relationship between law and aging: How does the law influence the lives of older people? Can rights, advocacy and representation advance the social position of the aged and combat ageism? What are the new and cutting-edge frontiers in the field of elder law? Should there be a new international human rights convention in this field? These are only a few of the many questions that arise. This book attempts to answer some of these questions and to set the agenda for the future development of elder law across the globe. Taking into account existing research and knowledge, leading scholars from different continents (North America, Europe, Asia, and Australia) present in this book original and novel ideas regarding the future development of elder law. These ideas touch upon key topics such as elder guardianship, citizenship, mental capacity, elder abuse, human rights and international law, family relationships, age discrimination, and the right to die. This book can thus serve as an important reference work for all those interested in understanding where law and aging are headed, and for those concerned about the future legal rights of older persons.

Author : Martin Lyon Levine
Publisher : Routledge
Page : 509 pages
File Size : 54,6 Mb
Release : 2017-05-15
Category : Medical
ISBN : 9781351890861

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The Elderly by Martin Lyon Levine Pdf

Aging is a public health priority that is becoming increasingly important in both developed and less developed nations, with individual health care providers and law-makers each facing difficult ethical and policy dilemmas. The complex issues physicians deal with include informed consent and patient decision-making capacity, use of advance care planning and decision-making by family and medical staff, and withdrawing and withholding life-sustaining interventions. Broader questions include: has aging been over medicalized? Is it ethical for older patients to receive less medical care than younger ones, through unspoken practice or formal rationing? Is there inevitable conflict between the generations over scarce medical resources? How should physician, patient and family confront end-of-life decisions? How have different nations responded to increasing numbers of the elderly? Have social values changed as to family responsibility and individual autonomy? This volume brings together the most significant published essays in the field.

Author : Marshall B. Kapp, JD, MPH, FCLM
Publisher : Springer Publishing Company
Page : 184 pages
File Size : 41,5 Mb
Release : 2002-07-31
Category : Law
ISBN : 9780826116369

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Ethics, Law, And Aging Review, Volume 8 by Marshall B. Kapp, JD, MPH, FCLM Pdf

Perplexing ethical questions emerge when conducting research involving older adult participants. Fundamental ethical concerns often grappled with include the ability to obtain truly voluntary and competent informed consent, the proper role of surrogate decision making in the research context, and the equitable selection of research subjects. This volume brings to the forefront a discussion of how to encourage essential research specifically designed to benefit older persons while protecting the legal and ethical rights of actual and potential older research participants. Highly qualified and diverse contributors analyze and explain some of the most salient and legal conundrums implicated in the design, conduct, interpretation, and application of research protocols that touch on these problems of aging and the aged.

Author : Richard Rosner,Harold I. Schwartz
Publisher : Springer
Page : 400 pages
File Size : 55,5 Mb
Release : 1987
Category : Medical
ISBN : UOM:39015013227429

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Geriatric Psychiatry and the Law by Richard Rosner,Harold I. Schwartz Pdf

As President of the American Academy of Psychiatry and the Law (AAPL), it is my pleasure to provide this Foreword for the third volume of Critical Issues in American Psychiatry and the Law. Through Dr. Richard Rosner's creativity and effort, the first volume of the series was pub lished in 1982. It represented the first major publishing activity of the AAPL other than the Bulletin and the Newsletter. Dr. Rosner carefully nurtured the project and the second volume, once again addressing a broad range of forensic issues, was published in 1985. The appearance of the third volume brings two major changes to the series. Dr. Rosner shares editorship of this volume with Harold I. Schwartz, and this is the first of the series to be devoted entirely to one area in forensic psychiatry, the elderly. This is a priority subject. As the baby boom ages and technology for extending life increases, the profile of our population is maturing. The aging of the nation brings with it problems of chronic care, the dementias, the fear of prolonging dying rather than extending meaningful life, the social question of increasing health care costs, and the medical and human question of legal and ethical protection of the elderly patient. This volume could not be more timely. As Bernice Neugarten has pointed out, we must avoid stereotyping the elderly.l Many individuals bring to older age a rich repertoire of interests, abilities, and insights. Among the elderly are the young-old.

Author : Michael A. Smyer
Publisher : Unknown
Page : 320 pages
File Size : 54,5 Mb
Release : 1996
Category : Education
ISBN : UOM:39015037310771

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Older Adults' Decision-making and the Law by Michael A. Smyer Pdf