Latest & Greatest – The Military Divorce Handbook: A Practical Guide to Representing Military Personnel and Their Families

By Mark E. Sullivan

Published by American Bar Association. Section of Family Law

KF 535 .S85 2019

The Texas Access to Justice Commission has designated the week of November 10-16 as Texas Veterans Legal Aid Week. Here at the Harris County Law Library, November is Veterans Law Resource Month, and we are featuring titles to help veterans. One such title is The Military Divorce Handbook: A Practical Guide to Representing Military Personnel and Their Families. 

There is no such thing as a cookie-cutter divorce. Elements may be the same, but each case is unique and each is fraught with its own circumstances and situations. Divorce can be especially problematic and difficult when one or both spouses are active military personnel. Issues such as custody and visitation may not be as clear-cut and easily resolved as those involving civilians. To offer some guidance in this matter, attorney Mark E. Sullivan has written The Military Divorce Handbook: A Practical Guide to Representing Military Personnel and Their Families.  This two-volume set begins with a discussion of service of process and its two main concerns: how can one locate someone serving in the military and how can one serve him? The author explains how the Servicemembers Civil Relief Act protects parties who are in the military and how it can affect the timing of lawsuits brought against military personnel. He addresses the unique issues surrounding custody and visitation, especially as it affects cases in which the military parent is mobilized or deployed. Family support and enforcement of that obligation may take on an added dimension in cases involving military families due to the Uniform Code of Military Justice and other military support rules. Sullivan also talks about divorce and what is considered domicile for purposes of filing for divorce. Another area that requires some discussion is the division of property, which includes military benefits and pensions. Sadly, the military does not afford protection from domestic abuse, so the author includes a chapter about this issue as well. 

If you are looking for a fairly comprehensive guide to representing military personnel in a divorce matter, have a look at The Military Divorce Handbook. The appendices after each chapter are especially helpful with extra resources. Moreover, there are practice tips peppered throughout the book.

Latest & Greatest – Elder Law in a Nutshell

By Lawrence A. Frolik and Richard L. Kaplan

Published by West Academic Publishing

KF 390 .A4 A423

If you are looking for a succinct guide to the issues that arise and the laws that affect older persons, then Elder Law in a Nutshell may be just the book for you. Part of West Academic Publishing’s popular Nutshell series, Elder Law in a Nutshell addresses the unique challenges faced by those who advise and represent the aging members of our community and guides the reader through the myriad issues that pop up in the elder law field. Pertinent topics include: health care decision making, Medicare, Medigap, and Medicaid, long-term care insurance, housing and housing alternatives, guardianship and its alternatives, social security benefits, veterans’ benefits, pensions, age discrimination in employment, and elder abuse and neglect. 

Health care and the related costs involved with obtaining medical coverage could be the highest and most significant concern of the elder community. In a similar vein, the authors explain the doctrine of informed consent and the patient’s right to control medical treatment and terminate life-sustaining treatment. There is a discussion of living wills, the creation and execution requirements, and their validity. The authors guide the reader through the Medicare maze and explain the eligibility requirements, enrollment procedures, and coverage, including the dreaded “donut hole” for drug expenditures. Later chapters address the nature of long-term care insurance and housing options, including nursing homes and assisted living facilities. The authors look at the Federal Nursing Home Reform Act (NHRA) and the protections it offers to nursing home residents, such as the freedom from abuse and restraints and the right of access to entities providing health, social, or legal services. The authors also examine the eligibility requirements and the tax issues involved with perhaps the single most provider of retirement income: social security benefits. For those seniors who seek employment to supplement their retirement income, there is a discussion of age discrimination and the Age Discrimination in Employment Act. Lastly, the authors address the sad reality of elder abuse and neglect and the legislative responses to this terrible form of domestic violence.

You can find this and other titles from the Nutshell series in our Self-Help Collection here at the Harris County Law Library.

Latest & Greatest – The Law of Later-Life Healthcare and Decision Making

By Lawrence A. Frolik

Published by American Bar Association. Senior Lawyers Division.

KF 3608 .A4 F76 2017

Photo Credit: Helen Hartman

Healthcare is a concern at any stage of life, but as one ages, decisions regarding healthcare take on greater significance, not only because of the concern for and consequences of choices made on behalf of those of diminished capacity but also because of the very nature of end-of-life decisions. The author, a national expert on legal issues affecting older individuals, has written a book, The Law of Later-Life Healthcare and Decision Making, to help answer questions people may have about healthcare decision making and the laws surrounding and regulating this area. Divided into five chapters, this book covers paying for healthcare, long-term care housing options, paying for long-term care, the legal implications of mental incapacity, and end of life decision making. Within each chapter, you will find discussions of significant case law developments and statutory changes and explanations of important topics, such as Medicare and Medicaid, aging in place, nursing homes, long-term care insurance, reverse mortgages, guardianships, living wills, health care powers of attorney, DNR orders, and hospice care.

Latest & Greatest – The Fundamentals of Guardianship: What Every Guardian Should Know

Published by the American Bar Association. Senior Lawyers Division

KF 553 .H87 2017

Photo Credit: Helen Hartman

Published by the Senior Lawyers Division of the American Bar Association in conjunction with the National Guardianship Association, The Fundamentals of Guardianship: What Every Guardian Should Know provides family, professional, and public guardians and conservators with a concise guide of the duties and responsibilities incumbent with these positions. As the title suggests, this book provides a good overview of the guardianship process and all that it entails. You will learn about the different types of guardianships, some less-restrictive alternatives to guardianship, the rights affected by the appointment of a guardian, and the guardian’s role and fiduciary duties, including the the responsibilities and duties of those who are guardians of the estate and of those who are guardians of the person.

Sadly, abuse, neglect, and exploitation are realities in the lives of so many vulnerable people. Thus, it is important for guardians to be able to recognize evidence of such behavior and what to do about it. In the event of a change in the person’s status, the guardian must know the steps to take to terminate or modify the guardianship. A chapter is devoted to this topic. Additionally, the resource materials in the back of the book, including checklists and sample worksheets and inventories, are especially helpful. These resources include checklists and sample worksheets and inventories.

The Fundamentals of Guardianship: What Every Guardian Should Know contains a wealth of information for the novice guardian or someone who needs a refresher on the rights and responsibilities that come with a guardianship.