Estates and Estate Planning
397: Elder Law
This class provides the doctrinal foundation in elder law. The class is taught through the lens of bar-related areas of the law. Fiduciary and Agency law concepts are used to discuss ethics issues, discrimination issues, durable powers of attorney, and other methods for planning for an individual’s incapacity. Public and Constitutional law concepts are used to discuss an individual’s right to consent to or deny medical treatment, the court’s jurisdiction in adjudicating adult guardianship, and the governmental benefits available to elderly individuals. Property laws are used to discuss various housing choices available in retirement, and Contract and Tort laws are used to discuss nursing homes, private insurance, and other financial contracts. Additionally, Consumer and Bankruptcy laws are used to discuss financial exploitation while Evidence and Criminal laws are used to discuss physical and emotional abuse of the elderly. Other important issues with aging populations will be discussed.
Required Text: Bauer, Flowers, Morgan, Morrissey, and Radwan, “Elder Law as an Inter-doctrincal Study.” (forthcoming)
class participation and professionalism: 30%
Final Exam: 40%