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BIFOCAL 29(5) June 2008

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Bifocal invites the submission of news about your elder bar section’s activities, as well as brief articles of interest to elder law and other professionals in the aging advocacy network.

Share news about your entity’s initiatives towards the delivery of direct legal assistance to older persons in your particular area; pro bono and reduced fee programs; community legal education programs; multi-disciplinary partnerships; and new resources that are helpful to professionals and consumers.

Also welcome are substantive law articles on legal issues of interest to state area agencies on aging, bar association entities, private attorneys, legal services projects, law schools, and others in the law and aging network.

Bifocal is published bi-monthly (six times a year). E-mail Jamie Philpotts at philpotj@staff.abanet.org for manuscript guidelines and deadline information for upcoming issues.

*E-photos are especially welcomed!

Articles are listed under volume issue, by title (author in parenthesis) and page number

• BIFOCAL 29(5) June 2008

Ethical Issues to Consider When Providing Legal Services to Older Clients (Webinar) 51
Charts on Mandatory (and Voluntary) Reporting to Adult Protective Services (Lori Stiegel) 52
Health Decisions Legislative Updates (Erica Wood) 52
Survey Tool Aims to Improve Communication Between Aging and Disability Partners (Sarah Lash) 53
In Celebration of Law Day, Virginia Launches Project 2025 Web Site (Jamie Philpotts) 53
Complimentary CLE Programs from 2007 NALC Conference (Holly Robinson) 54
New Index More Accurately Reflects Costs Faced by Older Adults (Jamie Philpotts) 54
Voting by Older Adults with Cognitive Impairments (Jason Karlawish, M.D.) 55
Moving Quickly (Poem) (Ron Talney) 58
31 Things Bioethics Committee Participation Has Taught Us About Practicing Elder Law (Edward W. Long) 59
Awards Honor Older Volunteers, Promote Volunteering (Jamie Philpotts) 61
Using Emeritus Attorney Pro Bono Programs to Meet Unmet Civil Legal Needs (Holly Robinson) 62

• BIFOCAL 29(4) March 2008

Using Emeritus Attorney Pro Bono Programs to Meet Unmet Civil Legal Needs (Holly Robinson) 45
National Healthcare Decisions Day Set for April 16, 2008 45
Facilitating Voting As People Age Issue of McGeorge Law Review (Charlie Sabatino) 49
Do Not Go Gently: The Power of Imagination in Aging (Film Review) (Ellen M. Klem) 49
Web Sites Offer Help to Seniors Applying for Economic Stimulus Plan Payments (Holly Robinson) 50

•  BIFOCAL 29(3) February 2008

Team Approach to Guardianship Preserves Independence of Ward, Generates Savings for State (Jean Callahan and Andrea Snelson) 35
Legal Services Program Tackles Senior Debt (Dolores Schaefer) 39
Economic Stimulus Bill Includes Disregard of Refund As Income or Resources (Holly Robinson) 40
Public Guardianship After 25 Years: In the Best Interest of Incapacitated People? (Pamela B. Teaster, Erica F. Wood, Winsor C. Schmidt, Jr., and Susan A. Lawrence) 41
Kentucky Assesses Legal Needs of Seniors 42

•  BIFOCAL 29(2) December 2007

A Patient’s Right to Direct Own Health Care vs. a Physician’s Right to Decline to Provide Treatment (Monica Sethi) 21
NCCUSL Tackles Transfer on Death Deed Legislation (Ellen M. Klem) 23
Volunteer Guardianship Monitoring Programs: A Win-Win Solution (Ellen M. Klem) 25
ABA Commission, AARP Release Report on Promising Practices for Court Guardianship Monitoring Programs (Naomi Karp) 26
Dancing with Rose: Finding Life in the Land of Alzheimer’s (Book Review) (Holly Robinson) 26
South Dakota Adopts Emeritus Attorney Pro Bono Rule (Holly Robinson) 29
Tips for Making Your Printed Health Materials Senior-Friendly (Jamie Philpotts) 29

•  BIFOCAL 29(1) November 2007

Survey of Assisted Living Facility Laws’ Incorporation of Provisions of the Fair Housing Act (Matthew Bernt) 1
Alaska, Mississippi Adopt Emeritus Pro Bono Attorney Rules (Holly Robinson) 1
ABA Sponsors Mock Social Security Disability Hearing at the U.S. Capitol 2
New Commissioners for 2007 (Jamie Philpotts) 3
Checklist for Creating an Emeritus Pro Bono Program (Holly Robinson) 5
Nature Walk (Poem) (Jared Wilson and Victoria Babish) 7
Deanna Clingan Fisher Wins NALC Award 19
ABA Shows Solidarity with Pakistani Lawyers 20

•  BIFOCAL 28(6) August 2007

Developing Ethical Standards for Elder Mediation (Kathryn Mariani) 85
ABA Adopts Voting Rights and Cognitive Impairment Policy (Jamie Philpotts) 91)
ABA Commission Welcomes Law Student from France (Jamie Philpotts) 92
Creative Ways to Include and Nurture Volunteer Attorneys in Your Elder Law Practice (Ellie Crosby Lanier) 93
Three More States Pass Emeritus Pro Bono Attorney Rules, Bills (Holly Robinson) 95
Changes Urged to Guard Against Representative Payee Abuse of Social Security Benefits (Jamie Philpotts) 97
Elder Abuse Detection and Intervention: A Collaborative Approach (Book Review) (Robert Mead) 99
Dementia Care Practice Recommendations for End of Life in Assisted Living, Nursing Homes (Jamie Philpotts) 101

• BIFOCAL 28(5) June 2007

New Hampshire and North Dakota Offer Practical Tips to Help States Adapt Health Care Proxy Handbook (Jamie Philpotts) 71
Briefing on First Nat’l Symposium on Ethical Standards for Elder Mediation (Kathryn Mariani) 75
2007 Partnerships in Law and Aging Program Awards (Holly Robinson) 76
N.C. Bill Would Allow Inactive Attorneys to Lend a Hand to Legal Services Groups (Michael Dayton) 77
In Remembrance of Joan O’Sullivan 79
Attributes of a Good Hotline Advocate (Shoshanna Ehrlich and Cheryl Nolan) 81
He’s a Poet? (Poem) (Paul Homer) 80

• BIFOCAL 28(4) April 2007

Survey of States’ Health Care Decision-Making Standards (Abigail Petersen) 53
Protections in Medicaid Estate Recovery: Findings, Promising Practices, and Model Notices (Erica Wood and Ellen VanCleave Klem) 53
Facilitating Voting As People Age: Implications of Cognitive Impairment (Charlie Sabatino) 55
Pro Bono—A Win-Win Endeavor (Lynne Lloyd) 56
State Emeritus Attorney Pro Bono Rules Gain Momentum (Holly Robinson) 57
Steal This Book! Adapt the Health Care Proxy Guide for Your State—We’ll Help! (Charlie Sabatino) 58
The Fabric of Life (Poem) (Greg Chaimov) 59

• BIFOCAL 28(3) February 2007

North Carolina Tries Mediation for Estate and Guardianship Disputes (Kate Mewhinney) 35
Emeritus Attorneys Pro Bono Participation Programs (Holly Robinson) 35
Guardianship of Adults: Achieving Justice, Autonomy, and Safety (Book Review) (Mary Joy Quinn) 42
Practical Presentations for Elder Law Day (Jamie Philpotts) 50
E-valuate the AIP (Lyrics) (Marc Crawford Leavitt) 52

• BIFOCAL 28(2) December 2006

Model Approaches to Statewide Legal Assistance Systems (Holly Robinson) 19
The State of Veterans' Fiduciary Programs: What Is Needed to Protect Our Nation’s Incapacitated Veterans? (Nisha Thakker) 19
Profile of Nebraska State Bar’s Elder Law Section (Lynne Timmerman Fees) 22
Elder Law Clinic Replication Manual Available (Betsy Abramson) 22
Elder Abuse Detection and Intervention: A Collaborative Approach (Book Review) 24
The Eulogy (Poem) (Timothy J. Nolan) 28
Developing Legal Assistance Programs for Older Adults (Sally Crawford Ramm) 31

• BIFOCAL 28(1) October 2006

Stopping the Eviction When Seniors Experience Housing Discrimination (Kerstin Arusha) 1
ABA President Calls for Second Season of Service After Retirement 1
ABA Commissioners for 2006 4
Ideals and High Heels: A Look at Wake Forest University’s Elder Law Clinic (Kate Mewhiney) 7
Interview with Kevin B. Rack, Chair, Virginia Bar Association’s Elder Law Section 11
ABA Legal Guide for Americans Over 50 (Book Review) (Ellen VanCleave Klem)14
Elder Abuse Detection and Intervention (Book Review) 14
Poems (Poem) (Sophie Memon) 15
Bring Elder Mediation to Your State (Kathryn Mariani) 17

• BIFOCAL 27(6) August 2006

Legislative Interest in Transfer on Death Deeds Continues to Grow (Nathaniel Sterling) 75
National Survey of Guardianship Monitoring Practices Shows Courts Lack Verification of Appropriate Care (Naomi Karp and Erica Wood) 77
Wisconsin Passes Major Guardianship Reform (Betsy Ambramson) 80
Why We Work at Legal Aid (Poem) (Ellen Mendoza) 82
The Parallels Between Undue Influence, Domestic Violence, Stalking, and Sexual Assault (Book Review) 82
A Summer Internship at the Commission (Abigail Petersen) 83

• BIFOCAL 27(5) June 2006

2006-07 Partnerships in Law and Aging Program Awards (Stephanie Eldelstein) 63
What Every Judge Needs to Know About Capacity Assessment in Guardianship Proceedings (Charles P. Sabatino) 63
New Guide Helps Adults Faced with Making Medical Decisions for Someone Else (Charles P. Sabatino) 65
Reports Describe Medicaid Eligibility, Managed Long-term Care for People with Dementia (Leslie Fried) 66
Reauthorization of Older Americans Act, White House Conference on Aging Final Report 66
When a Lawyer Dies (Peter Geraghty) 70s

• BIFOCAL 27(4) April 2006

Exploring Medical Decision-making for Incapacitated and Unbefriended Older Persons in San Francisco (Amy Rassen) 51
Oklahoma AG's Legal Opinion Eliminates Restrictions on Refusals of Nutrition and Hydration (Charles P. Sabatino) 51
Two Guides to Help Md. Adults Acting As Health Care Proxy (Charles P. Sabatino) 53
Brochure to Help Attorneys Effectively Serve Their Pro Bono Clients
Practical Presentations for Elder Law Day (Jamie Philpotts) 54
Charles P. Sabatino Honored with Theresa Award 55
Nancy Coleman “Advocacy in Aging Lecture” Series Established 55

•  BIFOCAL 27(3) February 2006

Medicare Part D: A Crash Course for Practitioners (Webcast) 39
Fair Lending Outreach to Elders Project in Santa Clara County (Kerstin Arusha) 39
Top 10 Resolutions from White House Conference on Aging 44
Practical Presentations for Elder Law Day (Jamie Philpotts) 46
Free Tool to Help Beneficiaries Choose Medicare Rx Coverage (Leslie B. Fried) 47
2005 Annual Adult Guardianship State Legislative Update (Erica Wood) 48
Top 10 Resolutions from White House Conference on Aging 44

• BIFOCAL 27(2) December 2005

Legal Trends in End-of-Life Health Care Decision-Making (Erin B. Furlong) 21
Marriage Rights Initiative for Lesbian, Gay, Bisexual, and Transgendered Elders (Betsey Crimmins and Deborah Filler) 21
Report Urges Paradigm Shift in Approach to Dying (Jamie Philpotts) 25
Serving Elders of Diverse Lifestyles (Jamie Philpotts) 31
Resources: Estate Planning for Same-Sex Couples 33
Elder Abuse Fatality Review Teams: A Replication Manual (Lori Stiegel) 34
Multilingual Hotlines Help Non-English Speaking Elders with Medicare Part D Enrollment (Jamie Philpotts) 35

• BIFOCAL 27(1) October 2005

Survey of State Guardianship Laws: Statutory Provisions for Clinical Evaluations (Michael Mayhew) 1
New Commissioners for 2005-06 (Jamie Philpotts) 3
In Memory of Richard B. Allen 6
Resident Rights in Assisted Living: Sources and Resources (Stephanie Edelstein) 7

•  BIFOCAL 26(4) Summer 2005

A Replication Manual for Elder Abuse Fatality Review Teams (Lori Stiegel) 34
Partnerships in Law and Aging Program Awards (Stephanie Eldelstein) 35
Mediating Disputes in Long-term Care (Janice Barrocas and Diane Persson) 36
Six More Mediation Projects (Erica Wood) 38
National Study of Public Guardianship (Erica Wood) 40

• BIFOCAL 26(3) Spring 2005

Promoting Pro Bono Service of Low-Income Elders Through Creative Linkages (Karen C. Buck) 25
Assessment of Older Adults with Diminished Capacity (New Book) (Charles P. Sabatino) 25
Director Nancy Coleman Leaves ABA Commission, Tribute (Esther F. Lardent) 27
Twenty-Five Years, and Counting, of Advocacy for Elders (Nancy Coleman) 29
State Elder Bar Updates (Jamie Philpotts) 31

• BIFOCAL 26 (2) Winter 2005

Innovative Model Represents Future of Pro Bono Legal Services (Elaine Harrison) 17
Building Community Partnerships to Prevent Predatory Lending (Mary Twomey) 17
Partnerships in Law and Aging Offers Two Separate Funding Opportunities (Stephanie Eldelstein) 19
Mini-conference on Legal Services Recommends Increased Availability, Specialized Training 22
Assessment of Older Adults with Diminished Capacity (Book Preview) (Charles P. Sabatino) 24

• BIFOCAL 26 (1) Fall 2004

Voting by Residents of Nursing Homes and Assisted Living Facilities: State Law Accommodations (Amy Smith and Charles P. Sabatino) 1
Guardianship and Voting Rights (Kyle Sammin and Sally Balch Hurme) 1
ABA Commission Welcomes Three Distinguished New Members (Jamie Philpotts) 3
Profile of the Alaska Bar Association (Kenneth Kirk) 10
Mini-Conference on Legal Services to Be Held in Preparation for 2005 White House Conference in Aging (Nancy Coleman) 16

• BIFOCAL 25 (4) Summer 2004

State Bar Emeritus Rules Encourage Pro Bono (Stephanie Edelstein) 1
Government Girls of World War II: Then and Now (Jamie Philpotts) 1
ABA Report Addresses Liability Issues in Consumer-Directed Personal Assistance Services (Sandra L. Hughes) 4
Medicare Fact Sheets Explain Prescription Drug Discount Card, Savings Programs (Leslie B. Fried) 4
Elder Law Section of the Alabama State Bar (Jo Alison Taylor) 5
Project Examines Theory of Cumulative Disadvantage Among “Government Girls” of 1940s (Pamela Teaster) 6
Senate Hearing Focuses on Guardian Monitoring and Accountability (Jamie Philpotts) 8

• BIFOCAL 25 (3) Spring 2004

Wyoming Creates Statewide Emergency Guardianship Response (Janet E. Millard) 1
Developing a Consumer Handbook for Guardians of Nursing Home Residents (John J. Ford) 1
Hawaii’s Elder Law Section Celebrates Ten Years (Naomi Fujimoto) 3
Partnerships Program Awards Mini-Grants (Stephanie Edelstein) 8
Brochure Helps Family Members Understand the Relationship Between Lawyer and Elderly Client (Charles P. Sabatino) 9
N.C. Initiates Pro Bono Adoption Program (Lynne E. Berry) 10
Good Guardianship: Building Court and Agency Network Partnerships (Erica Wood) 11

• BIFOCAL 25(2) Winter 2004

Advocacy in a Post-HIPAA World (Hilary Sohmer Dalin) 1
Caregiver Legal Assistance Network (M. Stacey Hawver) 1
Commission Studies State Public Guardianship Programs (Erica Wood) 3
Project to Examine Medicaid Estate Recovery Programs (Naomi Karp) 3
Our Failure to Care for Individuals with Alzheimer’s Disease and Behavioral Complications (Leslie B. Fried) 14

• BIFOCAL 25(1) Fall 2004

Report Urges Laws and Practices to Address Problems of Elderly Patients (Naomi Karp) 1
Incapable of Making Health Care Decisions; De-Balkanizing State Advance Directive Law (Charles P. Sabatino) 1
New Commissioners for 2003-04 3
Brochure and Video Help Spanish Speaking Elders Understand Legal Tools for Health and Financial Decision-making 10, 12

• BIFOCAL 24(4) Summer 2003

Legal Issues Related to Bank Reporting of Suspected Elder Financial Abuse (Sandra L. Hughes) 1
Health Care Decision-Making: A Guardian’s Authority (Sarah B. Richardson) 1
Commission Welcomes Summer Interns (Jamie Philpotts)11
Winners of the 2003 Law and Aging Student Essay Competition (Jamie Philpotts) 14
GrandDriver Program Steers Public Awareness to Aging’s Effects on Driving (Jamie Philpotts) 14
Maryland Elder Law Section Wines Best Project award (Janie Philpotts) 14
California Publishes Consumer Legal Guide for Seniors (Jamie Philpotts)15

• BIFOCAL 24(3) Spring 2003

(Re)Training Native American Elders to Be Mediators (John Duffy and Ralph D. Hutchinson) 1
Reaching Out to Homebound Elderly (Carrie Wetzel) 3
2003-04 Partnerships in Law and Aging Program Grants Awarded (Stephanie Edelstein) 5
Elder Justice Act Reintroduced (Lori A. Stiegel) 1
Elder Abuse Fatality Review Team Demonstration Sites Selected (Lori A. Stiegel) 6
Senate Hearing Raises Awareness of Adult Guardianship Issues (Jamie Philpotts) 7
Long-Goodbye: The Deaths of Nancy Cruzan (Book Review) (Charles P. Sabatino) 7

•  BIFOCAL 24(2) Winter 2003

Reforming Durable Power of Attorney Statutes to Combat Financial Exploitation of the Elderly (Julia C. Calvo) 1
Interview with Natalie K. Thomas 1
The Impact of Electronic Benefits Transfer Programs on Elderly Benefits Recipients (Amy Marshall Mix) 3
Articles and Books from the ABA Commission on Law and Aging 11
Bifocal Readers Satisfaction Survey 14
Report on Dying in American Finds End of Life Care Lacking (Jamie Philpotts) 16

• BIFOCAL 24(1) Fall 2002

Harlem Project Combines Legal, Psychiatric Services (Ray Brescia) 1
Senior Nutrition Program Adds Legal Issues to Menu for Latino Elders (Angie King) 1
New Commissioners for 2002-03 3
Shape the Debate for Seniors (Richard Ingham) 5
Bifocal Readers Satisfaction Survey Fall 2002 11

• BIFOCAL 23(4) Summer 2002

Financial Abuse of the Elderly: Risk Factors, Screening Techniques, and Remedies (Lori A. Stiegel) 1
Profile of the Elder Law Section of the Florida Bar (Lauchlin Tench Waldoch) 5
Elder Law Experts Convene to Draft Recommendations on Guardianship,
Medicare, and Discuss Elder Rights (Erica F. Wood) 12
Recommendations for a Coordinated Care Benefit in the Traditional Medicare Program (Judith A. Stein) 13
Statewide Virginia Elder Rights Conference: Coming of Age (Erica F. Wood) 14

• BIFOCAL 23(3) Spring 2002

Preserving Homeownership Among Low-income, Elderly Landlords (Mary M Connolly) 1
Commission Initiates Project on Health Care Decision-Making for the “Unbefriended” Elderly (Naomi Karp) 1
Profile of the Elder Law Section of the Washington State Bar Association (Barbara A. West) 3
ELVIS Citing: 2002 Partnerships in Law and Aging Program Grants Awarded (Stephanie Edelstein) 5
Theory Collides with Practice in Developing An Elder Mediation Project (Virginia Marcantel) 6
Lifelines: Living Longer, Growing Frail, Taking Heart (Book Review) (Naomi Karp) 11

• BIFOCAL 23(2) Winter 2002

Alzheimer’s Disease and the Role of State Law (Jack Schwartz) 1
Partnering with Local Bar Improves Hotline Services to the Elderly (Ralph D. Hutchinson) 1
Profiles of Vermont’s Elder Law Committee (Brian Sawyer) 3
Needs of the Elderly Committee of the Utah State Bar (TantaLisa Clayton) 3
Recruiting Retired Lawyers for Senior Mediations (Laurie Hanson) 5
In Their Own Language and Community: Providing Legal Services for Latino Elders (Karen C. Buck) 6
Medicare Handbook (Book Review) (Daniel G. Fish) 9
Dictionary of Eldercare Terminology, Second Edition (Book Review) (Jamie Philpotts) 9
Aging and the Law: A Comparison Between French and American Law (Marie Mercat-Bruns) 10
Medicare Takes Steps to Eliminate Discrimination of Alzheimer’s Patients (Leslie B. Fried) 11

• BIFOCAL 23(1) Fall 2001

Assisted Living: Federal and State Options for Affordability, Quality of Care, and Consumer Protection (Sue Seely) 1
New Commission Appointees Bring Subjectivity, Focus, Experience 3
Policy Development and Training for Small-Home Providers (Susan Dishler Shubin) 5
Commission Recommends Regulation, Accreditation, and Access in Assisted Living 17

• BIFOCAL 22(4) Summer 2001

Assessing Clients with Diminished Capacity (Charles P. Sabatino) 1
Profile of Elder Law Section of the Illinois State Bar Association (Lee Beneze) 3
Model for Reform: Oklahoma Law Establishes, Defines Role of Legal Services Developer (Richard Ingham) 10

• BIFOCAL 22(3) Spring 2001

Internet Resources, Tribal Courts, and Psychiatric Geriatric Program Among Focus of 2001 Law and Aging Partnerships (Jamie Philpotts) 1
Profile of the New Elder Law Section of the State Bar of Georgia (Eleanor M. Crosby) 5
Olmstead: Catalyst to Expand Services for Elderly (Leslie B. Fried) 6
Reauthorization of the Older Americans Act (Stephanie Edelstein) 7
Another Country: Navigating the Emotional Terrain of Our Elders (Book Review) (Rebecca C. Morgan) 11

• BIFOCAL 22(2) Winter 2001

Coordinating the Efforts of Courts and SSA’s Representative Payment Program (Daniel L. Skoler) 1
End of Life Care Legislative Highlights (Charles P. Sabatino) 3
Reinventing Insurance Regulation for the Benefit of Consumers—A Time for Change (Robert Hunter) 5
Changes in Insurance Regulation Bring Risks for Older Consumers (Erica Wood) 5
Internet Tips for the Elderly (Hon. John N. Kirkendall) 13

The ABA Commission on Law and Aging distributes Bifocal for free six times a year to elder bar section and committee members, legal services providers, elder law and other private practitioners, judges, court staff, elder advocates, policymakers, law schools, elder law clinics, law libraries, and other professionals in the law and aging network.

Subscribe to Bifocal by e-mailing your name and professional affiliation to Trisha Bullock at Bullockt@staff.abanet.org. Include the word "SUBSCRIBE" in the subject heading.