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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