Avoiding Guardianship

The lack of progress in guardianship reform during the last thirty years is described. The use of the living will and durable power of attorney is proposed as a more promising approach to elder autonomy than working within the present guardianship system. In spite of differences among the states and restrictions that limit the utility of the living will, it holds out more promise than guardianship as a legal tool of general application.     

The Social Stratification of Older Adults' Preparations for End-of-Life Health Care

I use data from the Wisconsin Longitudinal Study (n = 4,971) to evaluate the extent to which socioeconomic status affects three health-related (living will, durable power of attorney for health care, and discussions) and one financial (will) component of end-of-life planning. Net worth is positively associated with all four types of planning, after demographic, health, and psychological characteristics are controlled. Low rates of health-related planning among persons with low or negative assets are largely accounted for by the fact that they are less likely to execute a will, an action that triggers health-related preparations. Rates of health-related planning alone are higher among recently hospitalized persons, whereas financial planning only is more commonly done by homeowners and those with richer assets. The results suggest that economically advantaged persons engage in end-of-life planning as a two-pronged strategy entailing financial and health-related preparations. Implications for health policy, practice, and theory are discussed.     

Exploring the utilization of end-of-life documentation among an online sample of sexual- and gender-minority individuals in the United States

ABSTRACT

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) persons often receive end-of-life care incongruent with wishes. Evidence with heterosexual samples supports associations among end-of-life documentation (do not resuscitate [DNR] orders, durable power of attorney for health care orders [DPOAH], living wills [LW]), and care consistent with wishes. However, little is known about the knowledge, attitudes, and willingness regarding utilization of these documents among LGBTQ persons. Of 107 participants, most had heard of each document (95% DNR, 91% DPOAH, 97% LW), but had not procured them (26% DNR, 50% DPOAH, 51% LW). Answers above 4 on a 5-point Likert scale indicated willingness to pursue these documents and belief documents would be enforced. However, approximately one-third of respondents believed documents would be enforced more for heterosexual persons than themselves. This result indicates sexuality or gender minority-related stigma may be a barrier to document utilization. Future research, policies, and guidelines should address these concerns.     

Attorneys' Perceptions of Their Role in Divorce

The traditional advocate role of the attorney in divorce has come under attack because the rational-logical emphasis of the legal system has not provided an ideal atmosphere for the resolution of conflict and, in fact, may serve as a catalyst to increased hostilities. This paper examines the attorney role in terms of the traditional advocate versus the nontraditional counselor (since the advent of no-fault statutes in Georgia) in a sample of 22 attorneys with experience in divorce practice. The sample was drawn from the Atlanta metropolitan area and smaller metropolitan units within Georgia. The data suggest perceived interdependence between the judicial system (attorneys and the court) and emotional support systems (e.g., family counseling) as a means of facilitating postdivorce adjustment.     

Health care proxies: whom do young old adults choose and why?

Dying persons are encouraged to name as durable power of attorney for health care (DPAHC) someone who will thus be empowered to make end-of-life treatment decisions for them in the event that they become incapacitated. We use data from the Wisconsin Longitudinal Study to investigate whether and whom older adults designate as their DPAHC. DPAHC appointments are affected by recent hospitalizations, personal beliefs (including religion, fear of death, and the belief that doctors rather than patients should control health care decisions), and personal experience with the recent painful death of a loved one. The selections of DPAHC designees are generally consistent with the hierarchical compensatory model: Married persons overwhelmingly name their spouses, while unmarried parents appoint their children. Women are more likely than men to rely on children. Parents of one or two children tend to bypass their children for another relative. Unmarried, childless persons show considerable heterogeneity in their choices. We discuss implications of these findings for health care policy and practice.     

From Refugees to Forced Migration: The UNHCR and Human Security1

Within UNHCR, there has been a shift in the emphasis on the meaning of protection. Protection of refugees is now primarily defined as security of refugees and refugee operations rather than in terms of the legal asylum process. The article examines the significance of UNHCR placing the refugee issue within both the larger context of forced migration as well as within the context of human security. The paper clarifies and documents a current and general focus of forced migration that includes the internally displaced as well as refugees and offers a framework for comprehending and dealing with the refugee problem that has shifted focus to the security dimension.     

Material Abuse and Powers of Attorney in Canada:

The finding that material abuse may be the most prevalent form of elder mistreatment has prompted an examination of the enduring power of attorney used when an elderly person anticipates or has existing physical and mental impairment. This paper provides a background on the enduring and ordinary powers of attorney in the Canadian context, describes the abuses, and suggests measures of prevention.     

Managing our urban future: the role of remote sensing and geographic information systems

Urban growth is inevitable over the next two decades. The bulk of this growth will take place in less developed countries. This presents a formidable challenge for urban planners and managers. With this in mind, this paper considers some of the ways urban planners can make use of recent developments in remote sensing and geographic information systems technology to respond to this challenge. The discussion is divided into four sections. The first of these considers the nature of the tasks involved. The second examines the potential of remote sensing and geographic information systems to assist in these tasks in general terms. The third section presents some of the findings of three case studies of contrasting application areas in the urban planning field which give some insights as to how these tools can be used to respond to this challenge. The final section rounds off the discussion with a vision of sustainable urban development and its implementation at the local level.     

A multimodal intervention for grandparents raising grandchildren: results of an exploratory study

This article describes the results of an exploratory study of a multimodal, home-based intervention designed to reduce psychological stress, improve physical and mental health, and strengthen the social support and resources of grandparents raising grandchildren. The six-month intervention included home visits by registered nurses, social workers, and legal assistants; the services of an attorney; and monthly support group meetings. The intervention resulted in improved mental health scores, decreased psychological distress scores, and increased social support scores. Participants also experienced improvement in the level of public benefits received and in their legal relationships with their grandchildren. Implications of these findings for practice are highlighted.     

Financial Exploitation of Older Adults in Rural Settings: A Family Perspective

Federal agencies responsible for funding protective services to older adults are increasingly concerned with the growing incidence of financial exploitation in rural areas. The Wall Street Journal recently has reported an increasing trend of unemployed adult children migrating from urban centers to smaller rural towns and countrysides to live with their parents since 2008. This current study explores the attitudes of family caregivers regarding management of financial matters for their elderly care recipients. The major findings of the study include that adult children often (1) overestimate their parents' ability to manage their finances; (2) prefer to manage their parents' finances informally, as opposed to using legal options like power of attorney; and (3) tend to think of their parents' assets as “almost theirs.” The study concludes with recommendations on the critical need for information to help families make important decisions about helping elderly parents with their finances. This information would not only promote the use of safeguards against abuse, but could potentially provide caregivers with greater confidence and protection.     

Effects of parental and attorney involvement on reunification in Juvenile dependency cases

Individuals in the dependency system believe that it is important to have parties present at early decision-making hearings without much empirical support. This paper examines how involvement of mothers, fathers, and their respective legal representatives at early decision-making hearings (i.e., preliminary protective, adjudication, disposition, and first review) influences reunification in juvenile dependency cases. Cox proportional-hazard models indicate the likelihood over time of returning children to the parents they were removed from was significantly higher when the mother and the mother's attorney was present at early decision-making hearings. Results also indicate that the presence of the father significantly increased the likelihood of returning children to the parents they were removed from at only two specific case events. The presence of the father's legal representative was a significant predictor of reunification at the disposition hearing only. Implications for theory and policy are discussed.     

Child Protection Professionals Identifying Domestic Violence Indicators

This article presents findings from a study of 3 professional groups most frequently involved in child maltreatment cases: child protection social workers, district attorney social workers, and police detectives. The survey instrument examined the identification and concordance level of domestic violence indicators. Analysis of the research findings suggest varying differences across the 3 groups surveyed. The author discusses the importance of social work education in training professionals on domestic violence theories and assessment tools, and developing systems to assess for and address domestic violence issues, multidisciplinary approaches, and ethical practices for sharing client information.     

Unmet legal and social advocacy needs of children with sickle cell disease: Implications for health care payer costs

Previous studies of advocacy needs faced by children and families have not differentiated needs that require attorney involvement (“legal advocacy needs”) from needs best addressed by social workers or lay advocates (“social advocacy needs”). Studies have also not examined the relationship between either type of need and health care costs. We developed a novel, replicable process to differentiate between legal advocacy needs and social advocacy needs. We then collected cross-sectional data from a sample of 52 children with sickle cell disease who were at least 1 year of age, a population with high advocacy needs and high health care costs. Mean annual health care costs to payers for children whose families had a least one legal advocacy need were $16,314, compared to $5552 for children in families with no legal advocacy needs (P = 0.007). After adjusting for covariates, the presence of a legal advocacy need was associated with $12,040 more in health care costs to payers (P = 0.02). Whether interventions to prevent and resolve legal advocacy needs can reduce health care costs by addressing the social determinants of health warrants future study.     

A behavioral model of the demand for consumer durables

It is argued that models of the demand for consumer durables would be strengthened by the introduction of a behavioral element reflecting the nature of the decision making process within the individual household. A possible behavioural model is described. It is suggested that this would consist of the following elements: general economic confidence of the consumer (derived from personal expectations and attitudes to the general economic situation): general durable purchasing orientation (including willingness to devote resources to durable purchasesand house moving expectations); specific product choice considerations (including orders of acquisition of new durables: the implicit depreciation of existing equipment; perceptions of the characteristics of new products; purchase expectations). Such a model is more extensive than that normally described by others working in this field. The interaction between the different variables is discussed. It is shown that all these elements can be estimated through regular surveys and so the model can be made operational for forecasting purposes. However, it needs to be recognised that there are also unexpected even as which will affect the outcome in individual circumstances and the nature of these is also considered.     

The Role of Coercion in Affecting Women's Inferior Outcomes in Divorce

An investigation was conducted by the author into concessions of rightful property, child support and maintenance awards from ex-spouses under pressures from emotional blackmail of coercion. Information was obtained from legal and sociological literature, divorce records in Hennepin County, Minnesota, along with informal interviews with one attorney and eight divorced women. Spousal attempts at coercion during divorce negotiations may influence some women to make stipulations, agreements honored by this court, to less child support, property and/or maintenance than suggesteed guidelines or if they were to litigate those matters through the court system. This has economic, theoretical, therapeutic and research implications.     

The Child Protection Clinic: A mixed method evaluation of parent legal representation

Providing parents with low incomes accused of child maltreatment access to quality legal representation is both a social justice issue and potential resource for improving their children's well-being. This mixed methods research evaluates a law school clinic which provides indigent parents with legal representation by law students supervised by experienced attorneys. Thirty-nine individuals knowledgeable about the clinic (12 court professionals, 5 law school faculty, 2 parent mentors, 11 students, and 9 parent clients) participated in in-depth, semi-structured, audiotaped interviews focusing on the quality of parent representation. Interviews were contextualized by extensive participant observation and document reviews. Quantitative analyses of administrative data focused on case outcomes identified by participants as desired during qualitative interviews: family reunification, timely case closure and children's placement with relatives. Outcomes for 19 children whose parents were represented by student attorneys did not differ significantly from those of a propensity score matched comparison group of 19 children whose parents were represented by fully licensed attorneys. Participants described clinic staff as providing strong legal counsel to parents, building positive attorney–client relationships, possessing positive personal characteristics, and providing a needed service to the broader community. Participants also identified areas for improvement including: educating parents around court procedures, and better cross system collaboration between child welfare and legal professionals. The Child Protection Clinic is a promising model for providing quality legal representation to parents involved with child protection in order to support child well-being.     

The Human Right to Leisure in Old Age: Reinforcement of the Rights of an Aging Population

The right to leisure is recognized as a human right under the 1948 United Nations Universal Declaration of Human Rights. The actual meaning and material content of this human right is subject to debate. The aim of this study is to examine the extent and the context to which this human right is specifically recognized with regard to older persons. Methodologically, this study textually analyzed 17 different international older persons’ human rights documents. The findings reveal that in the majority of these documents there is no reference to the right to leisure. In the remaining documents, the right to leisure is mostly referred to indirectly or in a narrow legal construction. These findings support the notion that despite the growing body of knowledge regarding the importance of meaningful leisure in old age—and its empowering and anti-ageist nature—this knowledge has not transformed into a legal human rights discourse.     

Misogynistic cultural argument in parental alienation versus child sexual abuse cases

This article argues that major advances in parental alienation (PA) theory, since its inception as the Parental Alienation Syndrome (PAS), have not consistently been applied in custody litigation practice, because they do not serve advocacy needs; whereas, the misogynistic cultural argument in PAS, when relied on implicitly but not stated explicitly, can win cases. It first discusses advances in modern PA theory that eliminate misogyny. It then reviews feminist advances (1960s to 1980s) to show the threat to patriarchal power, and the fathers’ rights backlash, to explain their demand for legal redress. The hypothesis that a misogynistic cultural framework undermines evidence-based reasoning in child custody cases is supported with studies associating misogynistic beliefs with irrational thinking in multiple scientific areas, including child custody; and documents that show misogyny is a serious concern in the U.S. legal system. The article concludes by stating the need for evidence of misogynistic bias in custody decisions.     

Racial inquiries: law and the political visibility of racism in the Air India inquiry

ABSTRACT

Critical race scholarship has effectively documented how the legal institutions of liberal democratic states figure as both mechanisms of systemic racism and avenues of redress against these forms of power. This article offers new insights into the racial effects of these legal institutions by examining the epistemic dynamics of a Canadian public inquiry that was tasked with investigating why state institutions failed to prevent and successfully prosecute the bombings of two Air India flights, which investigators attributed to Sikh nationalist groups operating in Canada. Through a discourse analysis of documents generated during the inquiry, I track how its complex epistemic dynamics precluded recognition of the racial effects of Canadian state institutions. Approaching the inquiry as an instrument of juridical knowledge production and mechanism of political accountability, this article tracks the contingent processes through which liberal epistemologies of race are validated by state actors to extend race’s systemic conditions of existence.     

Color codification: law,culture and the hue of communication

This paper explores the intersection between color, culture and the legal domain; it reveals how recent, and disturbing, developments in trademark law have allowed for corporate ownership of the powerful communicative media of color and discusses the implications of this (colorful) codification. Mapping the communication of color within our contemporary legal, political and social environment, the paper addresses how color's vibrant significatory power is hemmed in by law, by (legal) language and by corporations. Law, it is argued, stands as one of the primary and most powerful practical “tools” used to shape, standardize and contain contemporary communication – and currently laws governing trademark function to recode and constrain the presumably boundless media of color. This is troubling, since our colorful environment becomes simplified when the array of meanings attributed to a particular hue are narrowed and then granted legitimacy by the courts.