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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
Description
Table of contents
Preface

Buy a new version of this textbook and receive access to the Connected eBook on Casebook Connect, including academic 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.

Mark D. Bauer
Stetson University College of Law

Mark Bauer is a Professor of Law at Stetson University, where he teaches Antitrust, Administrative Law, Property, Consumer Protection, and Financial Advocacy. He also supervises Stetson's Elder Consumer Protection Law internship program and a Federal Agency externship program. Before joining the Stetson faculty, Professor Bauer clerked for the Honorable William R. Robie, Chief Immigration Judge of the United States, and then worked for the Federal Trade Commission's Bureau of Competition, focusing on high-profile mergers and other anticompetitive conduct.

After leaving the FTC, Professor Bauer moved to Chicago, where he practiced antitrust law in the private sector with two large law firms. He wrote and edited a treatise on state unfair trade practice laws for Aspen Publishing and later joined the faculty of Chicago-Kent College of Law in a fellowship position. He is a former chair of the AALS Section on Aging and the Law and was named a Distinguished International Fellow to the Canadian Centre for Elder Law.

In 2013, Professor Bauer was awarded Stetson's Branton Excellence in Teaching Award.

Roberta K. Flowers
Stetson University College of Law

Roberta (Bobbi) K. Flowers is a Professor of Law at Stetson University College of Law. Professor Flowers teaches evidence, criminal procedure, and professional responsibility. She has served as the Director of the Center for Excellence in Advocacy, The Elder Justice Center and as the William Reece Smith, Jr. Distinguished Professor in Professionalism. She is a past president of NAELA (National Academy of Elder Law Attorneys).

Professor Flowers has lectured throughout the United States and internationally in the area of ethics. Along with Professor Rebecca Morgan, she created a set of videos depicting ethical dilemmas faced by elder law attorneys, which have been used throughout the United States to train attorneys. The Florida Supreme Court awarded Professors Morgan and Flowers the Florida Supreme Court Professionalism Award for their work on these videos. Additionally, with Professor Morgan, Professor Flowers designed the first “elder friendly courtroom” in the nation, which is a model of the important considerations that should be made when creating courtrooms of the future.

Joseph F. Morrissey
Stetson University College of Law

Professor Morrissey received his A.B. from Princeton University and his J.D. from Columbia University School of Law. He practiced corporate and securities law for Mayer, Brown & Platt and later Kirkland & Ellis. He also spent several years overseeing a Russian asset portfolio for an investment company in Switzerland. His practice led him to run offices in Tashkent, Uzbekistan; Geneva, Switzerland; and Moscow, Russia. In the summer of 2001, Professor Morrissey began his full-time academic career at Chicago-Kent College of Law. He joined Stetson Law in the summer of 2004. Professor Morrissey has taught and published in the areas of contracts, constitutional law, corporations, securities, and international private law. In 2008, Aspen published his first book, International Sales & Arbitration, which combines a focus on international contract law with the mechanism of dispute resolution most often used in those contracts and arbitration.

Theresa J. Pulley Radwan
Professor

Professor Theresa Pulley Radwan teaches in the areas of bankruptcy, business, and commercial law. Professor Radwan attended the Marshall-Wythe School of Law at the College of William & Mary, where she served as an articles editor of the Bill of Rights Journal and a research editor of the Moot Court Board. She was inducted into Order of the Coif. Professor Radwan practiced with the firm of Thompson, Hine & Flory LLP in Cleveland, Ohio, and also taught advocacy at Case Western Reserve University School of Law. Prior to joining the Stetson faculty, she served as a legal research and writing instructor at the University of Cincinnati College of Law. Professor Radwan writes extensively in the areas of bankruptcy law, and serves on the advisory board for the Alexander L. Paskay Memorial Bankruptcy Seminar. She has previously served as the Interim Dean of the College of Law, the Associate Dean of Academics, and the Associate Dean of Administration & Business Affairs for the College of Law.
Product Information
Edition
Second Edition
Publication date
2025-09-15
Copyright Year
2026
Pages
700
Connected eBook + Hardcover
9798892074308
Connected eBook (Digital Only)
9798892074315
LLPOD
9798892074339
Audiobook
9798899631764
eBook + Audiobook
9798899633706
Subject
Elder Law
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