ELDER LAW: A COMPENDIUM OF MATERIALS

Edited by Professor Jonathan Barry Forman[*]

© Jonathan Barry Forman 2004

The following papers on a variety of elder law topics were prepared by the students in Professor Jon Forman’s Elder Law class, taught at the University of Oklahoma College of Law in the Fall semester of 2003.

These papers offer a starting point for Oklahoma lawyers and others interested in the legal problems of the elderly. The typical paper can be cited as in the following example:

Heather K. Denton, What Every Oklahoma Elder Lawyer Should Know About Grandparent Rights, Elder Law: A Compendium of Materials (Jonathan Barry Forman, ed., 2004), available at <http://www.law.ou.edu/lawrevs/>.

The University of Oklahoma College of Law is an institution of higher education, not a legal counsel; consequently, it does not provide legal advice, and recommends that you seek competent legal counsel to assist you with your issue(s).

Jon Forman, a professor of law at the University of Oklahoma College of Law, welcomes your comments and contributions. You may reach him by phone at 325-4779, by mail at the University of Oklahoma College of Law, 300 Timberdell Road, Norman, OK 73019-5081, or by e-mail at jforman@ou.edu.

Table of Contents

Discrimination

Disparate Impact under the Age Discrimination in Employment Act of 1967 (ADEA) (by Jamie A. Mathew)

Age Discrimination Claims (by Steve Ruby)

End of Life Issues

Organ Donation (by Kurt Bollenbach)

“Do Not Resuscitate” Orders (by Nina Jung)

Living Wills (by Rachel Samara)

Physician-assisted Suicide (by Tim Whittlesey)

Grandparent Issues

Grandparent Rights (by Heather K. Denton)

Grandparental Custody (by Rebecca Wood)

Guardianship and Protection

The Oklahoma Protective Services for Vulnerable Adults Act (by Brock R. Ellis)

Special Needs Trusts (by Travis J. Hartley)

Financial Exploitation of the Elderly (by Lisa Hughes)

Driver’s License Renewal Requirements (by Melanie M. Pouncey)

Guardianship (by David Sturdivant)

Health Care

Postmenopausal Pregnancy (by Jamie Borland)

Long-term Care and Long-Term Care Insurance (by Jonice Meziere)

Health Care Proxies (by Sommer Robbins)

In-home Care (by Jason Rush)

Property Management

Revocable Trusts (by Aric Alley)

Joint Ownership of Property (by Alyssa D. Campbell)

Powers of Attorney (by Chris Fourcade)

Springing Powers of Attorney (by Kent W. Gardner)

Mental Capacity for Business Transactions (by John David Lackey)

Testamentary Capacity (by Angela Travis)

Housing

The Low Income Home Energy Assistance Program (LIHEAP) (by Michelle Sibley)

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[*] Copyright 2004, Jonathan Barry Forman. Professor of Law, University of Oklahoma; B.A. 1973, Northwestern University; M.A. (Psychology) 1975, University of Iowa; J.D. 1978, University of Michigan; M.A. (Economics) 1983, George Washington University. Delegate to the 2002 National Summit on Retirement Savings; Member of the Board of Trustees of the Oklahoma Public Employees Retirement System.