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40 Stetson L. Rev. i (2010-2011)

handle is hein.journals/stet40 and id is 1 raw text is: STETSON LAw REVIEW VOLUME 40 FALL 2010 NUMBER 1 TEACHING ELDER LAW INTRODUCTION Rebecca C. Morgan 1 ARTICLES Elder Law as Proactive Planning and Informed Empowerment during Extended Life Richard L. Kaplan 15 As the population of older Americans has increased at a substantial rate, the study of Elder Law, encompassing those statutes and rules that primarily or at least disproportionately impact the older population, has become increasingly relevant to legal practitioners and law students. By detailing the structure and content of his Elder Law course, the Author deftly summarizes the diverse legal regimes that make up Elder Law, with a focus on planning for, rather than reacting to, the challenges of aging. The Author poses questions practitioners must consider when guiding older clients in creating financial security, autonomy, and comfort in retirement, by addressing three primary issues: financial resources, living arrangements, and medical care. The Author emphasizes the desire of older clients to retain control of their lives as they age and the Elder Law attorney's role in helping them reach that goal. Everything You Ever Needed to Know about Good Lawyering, You Can Learn from Elder Law Linda S. Whitton 73 In this Article, Professor Whitton explains how an Elder Law course can be a vehicle for teaching all of the basic tenets of good lawyering. She discusses the pedagogy of her Elder Law class at Valparaiso University School of Law and how her teaching techniques and course objectives help students: (1) understand the importance of holistic client representation; (2) recognize the common impediments to client loyalty and zealous representation; (3) develop professional judgment free of personal bias; and (4) appreciate the delicate balance of competing interests and public-policy tensions inherent in most legal solutions. In addition to exploring Elder Law and the theoretical tenets of law practice, this Article provides concrete examples, strategies, and exercises for transforming an Elder Law course from a mere substantive class into a journey of professional self discovery. The Accidental Elder Law Professor Kim Dayton 97 Elder Law is a relatively new practice specialty that emerged in the late 1980s as a confluence of traditional trusts and estates law, and public benefits law. Its importance, and the number of lawyers specializing in it, has grown exponentially in the last two decades, in part due to the aging of the Baby Boomer generation. In this Article, the Author explores her serendipitous path toward embracing Elder Law as her own academic specialty. It discusses, not necessarily in this order, the growth of Elder Law as a specialized field distinct from probate and trust practice, the slow and not yet complete acceptance of Elder Law as a legitimate area for academic inquiry and curricular development, and the growing interest among law students in learning about and later practicing Elder Law. The Article ends with the claim that, perhaps more so than most legal practice areas, Elder Law's interdisciplinary

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