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A Simple Question with a Complex Answer: Determining Competency

By Chris Everett, Elder & Disability Law Clinic Student, Fall 2017 The presumption that a person is competent is well settled in the American legal system. However, in elder law, this presumption oftentimes needs to be challenged. Many elder law attorneys deal with clients who seem to be disoriented and uncommunicative, which gives rise to the […]

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Acting Against the Proverb of Scarlett O’Hara

By Paige Melton, Elder & Disability Law Clinic Student, Spring 2017 “I’ll think about it tomorrow.” – Scarlett O’Hara, Gone With the Wind Scarlett said it, but you should not.  Well, at least when it comes to estate planning. To some, estate planning means thinking about difficult topics—what will happen to you, your possessions, and […]

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How to deal with a third-party in the client-attorney relationship?

By Zhiqi Guo, Elder & Disability Law Clinic Student, Spring 2017 When a client approaching us with a problem he or she wants us to solve, it not only raises a client-attorney relationship, but will also possibly raise a relationship between the attorney and a third party, especially in the elder and disability law clinic, […]

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Coming Out (or Staying In) to Grandparents

By William Waller, Elder & Disability Law Clinic Student, Spring 2017 Upfront, I believe I should provide a brief description of myself.  My name is William, and I am a gay male in my late twenties.  Although I grew up in the liberal suburbs of Washington, D.C., I come from a socially and religiously conservative […]

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We Care. That’s Why We Must Have The Difficult Conversation

By Kelsey Knitter, Elder & Disability Law Clinic Student, Spring 2017 I came to the Elder and Disability Law Clinic with a unique experience; both of my parents are Elder Law attorneys. I have heard them discussing some of their most difficult cases, cases involving family members fighting over loved ones. I was shocked that […]

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Accounting for the Varying Degrees of Incapacity— the Limited Guardianship

By Michelle Chionchio, Elder & Disability Law Clinic Student, Spring 2017 Our “legal, social and economic worlds” assume that adult individuals are able to make responsible decisions on behalf of themselves. That is, all adults are presumed to have legal capacity unless a court with proper jurisdiction deems otherwise. An “incapacitated person” is an individual […]

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Learning and Growing from Loss

By Megan Watson, Elder & Disability Law Clinic Student, Spring 2017 My paternal grandfather “Papa” passed away in November 2010. The last year and a half of his life was spent in an institution where he received care from competent and sympathetic nurses and where my grandmother visited him daily. When my grandfather was placed […]

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Living Wills versus DNRs

By Allison Prout, Elder & Disability Law Clinic Student, Spring 2017 You’ve probably heard of a DNR—it stands for “Do Not Resuscitate.” Either you have one, or you’ve heard it mentioned on one of the myriad doctor shows on TV. Many clients haven’t heard of a living will, and those that have assume that living wills are interchangeable […]

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Nobody Thinks They Need Long Term Care Planning, Until They Do. For Some, That May Be Too Late.

By Lance Cummins, Elder & Disability Law Clinic Student, Fall 2016 For many people, the concept of planning for the future just brings to mind the thought that they need to write out a will, but there’s more to it. With the average life expectancy in the United States being around 80—it was only 47 the last time […]

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Guardianship: Giving up Freedom or Gifting Security to your Loved One

By Casey Wynn, Elder & Disability Law Clinic Student, Fall 2016 Have you ever heard the saying “age is but a number?” Typically, it is a harmless phrase that is thrown around when a friend has a birthday or a loved one is celebrating retirement. It is fun to say, and uplifting for others to hear, but nothing […]