Long Term Care and Caregiving

Josephine Gittler, JD, Wiley B. Rutledge Professor of Law
Director, National Health Law and Policy Resource Center
University of Iowa College of Law

Thomas Gallanis,JD, PhD, N. William Hines Chair in Law
University of Iowa College of Law

Colloquium Readings-Part One: Long Term Care, Family Caregiving and the Law of Succession

1. Excerpts from Thomas P. Gallanis & Josephine Gittler, Family Caregiving and the Law of Succession: A Proposal. 45 U. Mich. J.L. Ref. (forthcoming 2012)
2. Frances Foster, Linking Support and Inheritance: A New Model from China, 1999 Wis. L. Rev. 1199 (1999), Parts I (Introduction), IV, and V (Conclusion)
3. Frances Foster, The Family Paradigm of Inheritance Law, 80 N.C. L. Rev. 199 (2001), Introduction, Part III.B, and Conclusion
4. Excerpts from Thomas P. Gallanis & Josephine Gittler, Family Caregiving and the Law of Succession: A Proposal, 45 U. Mich. J. L. Ref. (forthcoming 2012)

Colloquium Questions-Part One: Long Term Care, Family Caregiving and the Law of Succession

1. The readings introduce multiple possible approaches to the law of succession, among them (1) a regime of largely unfettered donative freedom, (2) a regime of forced heirship, and (3) a regime giving discretion to vary succession rights based on the survivors’ need or behavior.  What are the advantages and disadvantage of each approach?  What explains the U.S. approach of largely unfetterd donative freedom?
2. The readings observe that there are some limitations on donative freedom under U.S. Law.  What explains these limitations?  Should the limitations be broader or narrower?  If yes, why and how?  If not, why not?
3. Evaluate the Gallanis/Gittler proposal.  What does the proposal do well?  What does it do poorly?  How might the proposal be improved?

Colloquium Readings-Part Two: Diminished Capacity and Planning for Property Management

1. Readings excerpted from Thomas P. Gallanis, Family Property Law: Cases and Materials on Wills, Trusts, and Future Interests, 5th ed. 2011

Colloquium Questions-Part Two: Diminished Capacity and Planning for Property Management

1. The readings discuss various devices that can be used to manage the property of an incapacitated adult.  For each device, what are its advanatages and disadvantages?  For which kinds of clients would it be appropriate?  Are some devices superior to others and, if so, which and why?

Colloquium Presentations

1. Long Term Care and Family Caregiving