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Elder Law in Context, Second Edition

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Authors
  • Rebecca C. Morgan
  • Mark D. Bauer
  • Roberta K. Flowers
  • Joseph F. Morrissey
  • Theresa J. Pulley Radwan
Series / Aspen Casebook Series
BOOKMARK
Book length
700 pages
Publication Date
2025-09-15
Edition
Second Edition
Teaching Materials
NO
Description
Table of contents
Preface

Buy a new version of this textbook and receive access to the Connected eBook on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes.

Elder Law in Context by Rebecca Morgan, Mark Bauer, Roberta Flowers, Joseph Morrissey, and Theresa Radwan comprehensively places the issues facing older clients in the context of the required core courses in the law school curriculum. Featuring chapters on public and private law, this book includes recent relevant cases, references to regulations, statutes, and rules, including citations to enable further reading.

New to the Second Edition:

  • Greater concision and improved readability
  • Updated data and material on issues such as ageism and aging in America
  • Added insights on ethical issues faced in an Elder Law practice, using the Model Rules as guidance
  • Additional recent case excerpts including the application of the core doctrine of contracts, the creation of agency, guardianship, and administrative process in an elder law setting, as well as a recent Supreme Court case on enforcing resident right violations under 42 U.S.C. Section 1983
  • Inclusion of the recent Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act

Professors and students will benefit from:

  • Updated materials to illustrate the relevance of elder law issues in modern life
  • Streamlined chapters with more manageable reading assignments
  • Emphasis on landmark cases, such as cases regarding the right to die
  • The operation of the book as a capstone book, providing students with an excellent review of multiple required courses
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Table of Contents
SUMMARY OF CONTENTS

Contents
Preface 
Acknowledgments 

INTRODUCTION 
Chapter 1 Introduction to the Practice of Elder Law and Elder Justice 
Chapter 2 Professional Responsibility in Representing Older Clients 

PART I PLANNING FOR INCAPACITY: THE FIDUCIARY
RELATIONSHIP 
Chapter 3 Diminished Capacity and Contract Law
Chapter 4 Diminished Capacity and Agency Law 
Chapter 5 Guardianship 

PART II PUBLIC LAW: THE REGULATORY STATE
Chapter 6 End-of-Life Decisions and Constitutional Law
Chapter 7 Entitlement Programs for Elders and the Social Safety Net: Federal Administrative Law
Chapter 8 Retirement Security: Public and Private Benefits 
Chapter 9 Health Care Security: Public and Private Benefits 

PART III PRIVATE LAW: FINANCIAL AND PERSONAL MATTERS
Chapter 10 Property Law and Housing for Older Adults 
Chapter 11 Nursing Homes 
Chapter 12 Torts 

PART IV ADVOCACY
Chapter 13 Dealing with Finances: Consumer Protection and Bankruptcy Law
Chapter 14 Criminal Law and Elders 

Table of Cases 
Index
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Preface
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About the authors
Rebecca C. Morgan
Stetson University School of Law

Rebecca C. Morgan is a Professor of Law at Stetson University College of Law. She is a co-author of Third-Party and Self-Created Trusts: A Modern Look for the ABA, Tax, Estate, and Financial Planning for the Elderly and its companion forms book Fundamentals of Special Needs Trusts for Matthew Bender, Planning for Disability for BNA, Ethics in an Elder Law Practice for the ABA, and Mastering Interviewing and Counseling for Carolina Academic Press. Professor Morgan is a past president of the National Academy of Elder Law Attorneys, past president of the Board of Directors of the National Senior Citizens Law Center (now known as Justice in Aging), past chair of the American Association of Law Schools Section on Aging and the Law and of the Florida Bar Elder Law Section, and was on the Faculty of the National Judicial College. She has written a number of articles on various topics concerning older adults.

She previously served on state task forces regarding elder abuse and revisions to Florida’s guardianship statute and served as the reporter for the Uniform Guardianship and Protective Proceedings Act. She is a member of the academic advisory board for the Borchard Center for Law and Aging, an academic fellow of the American College of Trusts & Estates Counsel, a member of ALI, a NAELA Fellow, and a member of NAELA’s Council of Advanced Practitioners (CAP). She served on the board for the Center for Medicare Advocacy and the American Society on Aging.

Product Information
Edition
Second Edition
Publication date
2025-09-15
Copyright Year
2025
Pages
700
Connected eBook + Hardcover
9798892074308
Connected eBook (Digital Only)
9798892074315
Subject
Elder Law
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