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Vaughn E. James - The Alzheimers Advisor: A Caregivers Guide to Dealing with the Tough Legal and Practical Issues

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Vaughn E. James The Alzheimers Advisor: A Caregivers Guide to Dealing with the Tough Legal and Practical Issues
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Special discounts on bulk quantities of AMACOM books are available to - photo 1

Special discounts on bulk quantities of AMACOM books are available to corporations, professional associations, and other organizations. For details, contact Special Sales Department, AMACOM, a division of American Management Association, 1601 Broadway, New York, NY 10019. Tel: 2129038316.

Fax: 2129038083.

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To view all AMACOM titles go to: www.amacombooks.org

This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought.

ISBN 978-0-8144-1438-5 (eBook)

Library of Congress Cataloging-in-Publication Data

James, Vaughn E.

The Alzheimers advisor: a caregivers guide to dealing with the tough legal and practical issues / Vaughn E. James.1st

p. cm.

Includes bibliographical references and index.

ISBN-13 : 978-0-8144-0924-4

ISBN-10 : 0-8144-0924-5

1. Alzheimers diseasePatientsLegal status, laws, etc.United StatesPopular works. 2. CaregiversUnited StatesHandbooks, manuals, etc. I. Title.

KF3803.A56J36 2009

344.7304'36831dc22

2008020258

2009 Vaughn E. James.

All rights reserved.

This publication may not be reproduced, stored in a retrieval system, or transmitted in whole or in part, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of AMACOM, a division of American Management Association, 1601 Broadway, New York, NY 10019.

Printing number

10 9 8 7 6 5 4 3 2 1

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Please note that footnotes in this ebook may contain hyperlinks to external websites as part of bibliographic citations. These hyperlinks have not been activated by the publisher, who cannot verify the accuracy of these links beyond the date of publication.

In this ebook edition, please use your devices note-taking function to record your thoughts wherever you see the bracketed instructions [Your Notes] or [Your Response Here]. Use your devices highlighting function to record your response whenever you are asked to checkmark, circle, underline, or otherwise indicate your answer(s).

To
Marva, Vijhay, Etienne, and Maelys
Thanks for the love and support...

and to the memory of
Franco, Ol Oak, Con Rosie, and Ma Di
Gone but not forgotten...

and to

Debbie
Que sera, sera...

The current and projected statistics regarding the incidence and prevalence of Alzheimers disease (AD) and related dementias are staggering, as we increasingly become victims of our own wonderful success in employing advances in medical science to keep more people alive longer. However, raw statistics alone fail to convey the real impact and meaning of AD. Each case of the scourge represents an individual human story about a particular human beings life. In this book, attorney, law professor, and author Vaughn James beautifully illustrates for the readerthrough the rich and revealing narratives about his family and himself, as well as various hypothetical examples interspersed throughout the textthe adage generally attributed to pioneer health services researcher Ruth Roemer, Statistics are people with the tears removed.

AD is a multifaceted phenomenon. Each situation involves a somewhat unique trajectory, but the affected persons decline is ultimately inevitable and the final result the same. Adapting to this human tragedy is a life-changing process not only for the affected individual but for family, friends, and the larger society. The challenges that emerge present physical, mental, emotional, financial, ethical, and (the primary focus of this book) legal ramifications for all of the involved parties. The Alzheimers Advisor is not a self-help book for confronting these challenges with dignity and grace as much as a guide for getting help from the cadre of trained and compassionate professionals who have dedicated themselves to improving quality of life for people with AD and those who care for and about them.

Both victims and caregivers (professional and informal) need to maintain a combination of reality, reason, and hope. They need to be both strong and feeling. There is no magic formula for achieving the ideal mix, but this book should inspire readers to try to eliminate some of the uncertainty that is an inescapable part of AD by acting (not just contemplating) proactively and in a timely manner, especially concerning legal affairs. In the absence of purposeful planning assisted by competent multi-professional expertise and experience, important decisions get made through default mechanisms that may produce results inconsistent with the values and preferences of affected persons and their loved ones.

It is my fervent hope that one day in the not too distant future literature on this subject will become irrelevant to everyone except historians. As this book describes, significant ongoing scientific research is aimed at producing medical interventions to effectively treat and eventually prevent AD. The glimmers of success already apparent from these efforts will someday soon blossom into the creation of products that convert this biological abnormality with enormously adverse human consequences into a readily manageable inconvenience, if not a total relic of the past. Until that awaited day, though, we are fortunate to have this book and its wisdom.

Marshall B. Kapp, J.D., M.P.H.

Garwin Distinguished Professor of Law and Medicine

Southern Illinois University Schools of Law and Medicine

Late in 2003, I met Glen Provost, then Vice President for Health Policy and Public Affairs and a faculty member at the Texas Tech University Health Sciences Center in Lubbock, Texas. Glen invited me to join him in writing a book on the legal aspects of Alzheimers disease. The book would focus on Texas law and would be a handbook for medical and legal practitioners, in particular, law and medical school students. I liked the idea. By the time I went to teach summer school at the University of Tennessee College of Law in 2004, I had produced an outline for the last ten chapters of the book. Glen was to work on the first two chapters.

Alas, a few months later, Glen announced that he would be retiring from his position at Texas Tech and that he would not be able to be my coauthor. I turned to Marshall Kapp, a member of the faculty at Southern Illinois University School of Law and School of Medicine, and asked him to join me. Marshall had a counter-suggestion: I would write the book and he would serve as my personal editor and a member of my support team. I agreed.

Shortly thereafter, I came across Stan Wakefield, now of Amacom Books. Stan liked the idea for the book and guided me as I put a book proposal together. Here is the finished product: The Alzheimers Advisor: A Caregivers Guide to Dealing with the Tough Legal and Practical Issues.

When I began the research for this book early in 2004, it was an academic exercise for me. I had known only one person who, in my opinion then, had exhibited Alzheimers-like symptoms: my great-uncle who had died of pneumonia in December 2002 after exhibiting Alzheimers-like symptoms for three to four years. The family is still not sure whether he really had Alzheimers (no doctor ever made the diagnosis, and there was no postmortem autopsy of his brain).

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