Saturday, May 19, 2012

Not elder law: World's oldest football found in Scottish castle

_60327109_ballcloseupAs footballing history is made at Hampden, Scots fans are being offered the chance to get up close and personal with the oldest football in the world.  Made from cow leather and a pigs bladder, it was found behind panelling of the Queen's chamber in Stirling Castle, which was decorated in the 1540s.  But it could be even older than that.  "There were four footballs bought for the Castle by the king (James IV) in the 1490s," said Michael McGinnes, collections manager at the Smith Museum in Stirling.  "So it could be one of those balls, that has actually lasted through the years and was given to Mary (Queen of Scots) as a young child, to play with."

Source/more:  BBC

May 19, 2012 | Permalink | TrackBack (0)

Katie Beckett, disability rights advocate, passes away

Via the Family Voices website:

Family Voices would like to extend our deepest sympathy to Julie Beckett and Mark Beckett on the occasion of their daughter Katie Beckett's passing this morning, as well as to Katie's family, friends, colleagues, and loved ones. Julie Beckett is one of the founders of National Family Voices and both Julie and Katie have been dedicated advocates for children with special health care needs for decades.

It was in support of her daughter's in-home medical care that Julie successfully advocated for a waiver of the rules that required children with special health care needs to be in the hospital in order to receive Medicaid funding for acute care. In November of 1981, when Katie was three, President Reagan allowed Katie to go home in time for Christmas and receive her Medicaid-funded treatment at home. At a press conference, Reagan explained the child was being kept in the hospital because of Medicaid rules which forbade paying for her home care, even though the cost to the government would be one-fifth the hospital charges of $10,000 to $12,000 per month.

Read more about Katie and the Katie Beckett waiver.

May 19, 2012 | Permalink | TrackBack (0)

Friday, May 18, 2012

Register now for June 1 SS Disability Webinar at Stetson's Center for Excellence in Elder Law

The Center for Excellence in Elder Law

at Stetson University College of Law

presents  

Social Security Disability Webinar: What Elder Law Attorneys Need

to Know About Social Security's Disability Determination 

Process and Electronic Filing Procedures Webinar, June 1, 2012  


 Webinar Information l Register I Faculty 

This webinar will explain Social Security's disability determination process from the initial application through the four levels of appeals available when an applicant is denied benefits or receives notice that existing benefits will be terminated. The session will also explain the procedures for electronic filing with DDS and Social Security.

 

May 18, 2012 | Permalink | TrackBack (0)

Wednesday, May 16, 2012

Participate in a national survey on abuse of persons with disabilities

The National Survey on Abuse of People with Disabilities was released on May 1, 2012.  In just over two weeks, 2,300 people have taken the survey.

 

To Take the Survey Now
CLICK HERE

 

The purpose of the survey is to seek input from the public, especially from persons with disabilities or those who interact with them, such as family members, caregivers, service providers, and advocates. Our intention is not to create a scientific research project, but rather a robust survey, the results of which may be used for research, education, and advocacy.

 

The survey, which takes just a few minutes to complete, gathers information about actual incidents of abuse as well as attitudes regarding the adequacy and effectiveness, or not, of official responses to such victimization.

 

The results will be shared with those who shape public policy and fund abuse-response programs (legislators), those who investigate and prosecute complaints of abuse (law enforcement), those who promote more effective protection and response systems (nonprofit advocacy groups), and most importantly, people with disabilities and their families.

 

After you take the survey, please forward it to your friends, family members, and colleagues.  Mention it in your newsletter.  Share it with your groups or listserv.

The Disability and Abuse Project focuses on physical,

sexual, and emotional abuse of people with developmental or intellectual disabilities.

 

Our mission is to identify ways to reduce the risk of abuse, to promote healing for victims, and to seek justice for those who have been victimized.

 

The areas in which we take action include: public awareness, education and training, policy development, law enforcement, and professional consulting.

 

More info here.

May 16, 2012 in Discrimination, Elder Abuse/Guardianship/Conservatorship | Permalink | TrackBack (0)

Missouri house votes to strengthen state's elder abuse law

Missouri's elder abuse law could soon be expanded to protect older citizens from financial exploitation.  The House voted 147-2 in favor of legislation that makes it a crime for those with authority over an elderly person to take advantage of that person's state of mind for financial gain.  The provision would apply to people who have guardianship, power of attorney or some other financial management role for seniors.  If someone steals money from an elderly person that had been intended to cover nursing home expenses, a judge could order that the money be paid to the home.  Supporters say some senior citizens need more protection because of their age and health.  The measure has already been approved by the Senate and now goes to Gov. Jay Nixon.


Read more at St. Louis Today.

May 16, 2012 in Elder Abuse/Guardianship/Conservatorship | Permalink | TrackBack (0)

Online tool helps to estimate Social Security benefits

On May 1, Social Security launched a feature on its website, www.socialsecurity.gov, that allows workers to view an online version of their Social Security earnings and benefits statements. The program also allows you to estimate your retirement, disability and survivors benefits.

You can use this tool to show your kids how little you made when you started working (after you've reminded them that you walked 5 miles to get to school, without an iPod or cellphone). But more important, it can help you receive all of the benefits you're due, and make smart decisions about when to claim them.

Social Security used to mail workers an annual earnings statement, but suspended those mailings last year to save money. Starting in February, Social Security resumed mailing paper statements to workers 60 and older who aren't already receiving benefits. Later this year, it will mail paper statements to workers in the year they turn 25.

Source/more:  USA Today

May 16, 2012 in Social Security | Permalink | TrackBack (0)

Recession linked to increase in hunger among seniors

A new study that looked at the hunger trends over a 10-year period found that 14.85 percent of seniors in the United States, more than one in seven, face the threat of hunger. This translates into 8.3 million seniors.  "In 2005, we reported that one in nine seniors faced the threat of hunger," said Craig Gundersen, University of Illinois associate professor of agricultural and consumer economics and executive director of the National Soybean Research Laboratory who led the data analysis on the study. "So, unlike the population as a whole, food insecurity among those 60 and older actually increased between 2009 and 2010."  According to the study, from 2001 to 2010, the number of seniors experiencing the threat of hunger has increased by 78 percent. Since the onset of the recession in 2007 to 2010, the number of seniors experiencing the threat of hunger has increased by 34 percent.  Gundersen said that the fact that seniors in our country are going without enough food due to economic constraints is a serious problem that will have greater implications for senior health.  The increases in senior hunger were most pronounced among the near poor, whites, widows, non-metro residents, the retired, women, and among households with no grandchildren present.

 

Source/more:  EurekaAlert

 

May 16, 2012 in Current Affairs | Permalink | TrackBack (0)

Romney debt plan includes SS, Medicare overhauls

Mitt Romney, in a speech before a conservative group here on Friday, offered his most detailed plan yet to cut government spending and lower the federal debt, including an overhaul of Medicare and significant changes to Social Security.  Speaking at the Americans for Prosperity Foundation’s annual meeting, Mr. Romney said his plan would cap spending at 20 percent of gross domestic product by 2016, and would require $500 billion a year in spending cuts. To accomplish this, Mr. Romney explained, he would eliminate all nonessential government programs, including Amtrak, return federal programs like Medicaid entirely to the states and improve the productivity and efficiency of the federal government. He would also immediately cut all nonsecurity discretionary spending by 5 percent across the board.

Read more in the New York Times.

May 16, 2012 in Health Care/Long Term Care, Social Security | Permalink | TrackBack (0)

Wednesday, May 9, 2012

AALS Aging and the Law Listserv, May 8, 2012

Listserv Member News: A new international elder law book has been published by Springer Publications, entitled Beyond Elder Law: New Directions in Law and Aging. http://www.amazon.com/Beyond-Elder-Law-Directions-Aging/dp/3642259715.The authors are the following:

Terry Carney, Professor of Law University of Sydney, Australia;

Israel Doron (CO-EDITOR), Professor of Law at the Department of Gerontology at the University of Haifa, Israel;

Albert Evrard, Member of the Law Faculty, Facultes Universitaires Notre-Dame de la Paix, Namur, Belguim;

Jonathan Herring, Professor of Law at the University of Oxford, United Kingdom;

Nina A. Kohn, Associate Professor of Law, Syracuse University, USA;

Clemence Lacour, Member of the Law Faculty, Facultes Universitaires Notre-Dame de la Paix, Namur, Belguim;

Helen Meenan, Solicitor and Visiting Professor at Kingston University, United Kingdom;

Ann Murphy, Professor, Gonzaga University School of Law, USA;

Charles P. Sabatino, Director of the ABA Commission on Law and Aging, USA;

A.M. Soden (CO-EDITOR), Executive Director of the National Institute of Law, Policy and Aging, Montreal, Quebec, Canada;

Benny Spanier, Ph.D. Candidate, Faculty of Law, University of Haifa, Israel;

Erica Wood, Assistant Director of the ABA Commission on Law and Aging.

Listserv Items:

  1. Preparing For A Future That Includes Aging Parents: http://www.npr.org/2012/04/24/150587638/preparing-for-a-future-that-includes-aging-parents
  2. Summer 2012 Volunteer Opportunities for Seniors: http://news.yahoo.com/summer-2012-volunteer-opportunities-seniors-172800476.html
  3. 'Unique' Character Makes Debut on 'Glee' While Seniors Struggle to Find 'Direction': http://news.yahoo.com/unique-character-makes-debut-glee-while-seniors-struggle-200900781.html
  4. Medicare Bidding Program Boosts Savings on Medical Equipment: http://www.usatoday.com/money/industries/health/story/2012-04-17/medical-equipment-savings/54385222/1
  5. Medicare Trustee Report Hangs on Uncertain Assumptions: http://www.reuters.com/article/2012/04/24/us-usa-healthcare-medicare-idUSBRE83M0WM20120424
  6. Big Gaps Found in Nursing Homes' Disaster Plans: http://www.businessweek.com/ap/2012-04/D9U5Q4Q00.htm
  7. Tips for Fighting Fraud: http://newoldage.blogs.nytimes.com/2012/04/23/tips-for-fighting-fraud/
  8. Heart Transplants for Older Patients: http://newoldage.blogs.nytimes.com/2012/04/23/heart-transplants-for-older-patients/
  9. VIVA Su Segunda Juventud Talk Show - Spanish radio program on SiriusXM Focuses on Issues of Interest to Older Hispanics: http://www.aarp.org/entertainment/music/info-03-2012/viva-su-segunda-juventud-radio-show-siriusXM.html?intcmp=HP-CAR3B
  10. Frontotemporal Dementia Seen in Elderly: http://www.medpagetoday.com/Neurology/Dementia/32306
  11. National Alzheimer’s Dinner:

http://www.alz.org/nationaldinner/

12. NFL Great Dan Marino One of New Spokespersons for AARP:

http://www.huffingtonpost.com/2012/04/26/dan-marino-interview-aarp-50-autism-nfl-draft_n_1455531.html?ref=fifty

13. Discovering the True Cost of At-Home Caregiving:

http://www.npr.org/2012/05/01/151472617/discovering-the-true-cost-of-at-home-caregiving?sc=fb&cc=fp

14. Long-Term-Care Insurance: who Needs It?:

http://www.npr.org/2012/05/08/151970188/long-term-care-insurance-who-needs-it?sc=fb&cc=fp

 

May 9, 2012 | Permalink | TrackBack (0)

Monday, April 30, 2012

AALS AGING AND THE LAW LISTSERV FOR APRIL 30, 2012

SECTION NEWS: Professor Barry Kozak, the Director of Elder Law Studies at the Center for Tax Law and Employee Benefits at the John Marshall Law School in Chicago (and our Section Chair) has informed the leadership of the Section that there will be a Joint Program at the AALS Annual Conference in New Orleans, from January 4 – 8, 2013. Our Section will join the Section on Trusts & Estates for the program. According to Barry, the three panels will address the following:

1. Capacity issues and conflicts between estate & trust documents and elder law documents;

2. Conflicts of interest with family members as beneficiaries in T & E documents and as agents, guardians or conservators in elder law documents and court orders; and

3. Trust protector clauses and issues with T & E and elder law documents.

Barry is looking for volunteers to present on or moderate for the panels. There will also be a call for papers. If you are interested, please contact Barry at: 6kozak@jmls.edu

Listserv items:

1. Summitt Steps Down as Tennessee's Women's Basketball Coach: http://www.npr.org/blogs/thetwo-way/2012/04/18/150890541/pat-summitt-steps-down-as-tennessees-basketball-coach

2. Everyday Activities Might Lower Alzheimer's Risk: http://health.usnews.com/health-news/news/articles/2012/04/18/everyday-activities-might-lower-alzheimers-risk

3. Why Retirees Will Benefit from Tax Deferral: http://money.usnews.com/money/blogs/On-Retirement/2012/04/18/why-many-people-will-benefit-from-tax-deferral

4. New Zealand Firm to Trial Pig Cells to Treat Parkinson's: http://www.reuters.com/article/2012/04/17/us-parkinsons-pig-cells-idUSBRE83G03Y20120417

5. Social Security Adds 52 Conditions To Fast-Track Social Security Disability Claims: http://www.prweb.com/releases/Allsup/DisabilityClaims/prweb9396976.htm

6. WHO: Dementia Cases Worldwide Will Triple By 2050: http://www.who.int/mediacentre/news/releases/2012/dementia_20120411/en/index.html

7. 10 Things You Should Know About Social Security: http://www.aarp.org/work/social-security/info-08-2010/10-things-you-need-to-know-about-social-security.html

8. What We Can Learn From Warren Buffett's Prostate Cancer: http://www.npr.org/blogs/health/2012/04/18/150892066/what-we-can-learn-from-warren-buffets-prostate-cancer?ps=sh_sthdl

9. Seniors In Medicare 'Doughnut Hole' More Likely To Stop Heart Drugs: http://www.npr.org/blogs/health/2012/04/17/150823790/seniors-in-medicare-doughnut-hole-more-likely-to-stop-heart-drugs?ps=sh_sthdl

10. Where the Oldest Die Now: http://newoldage.blogs.nytimes.com/2012/04/18/where-the-oldest-die-now/?ref=elderly

11. Too Many Pills for Aging Patients: http://well.blogs.nytimes.com/2012/04/16/too-many-pills-for-aging-patients/

12. Reconnecting Through Art: http://newoldage.blogs.nytimes.com/2012/04/13/reconnecting-through-art/

Ann Murphy

Professor

Gonzaga University School of Law

(509) 313-3735

amurphy@lawschool.gonzaga.edu<mailto:amurphy@lawschool.gonzaga.edu>

WEBSITE OF THE AALS SECTION ON AGING AND THE LAW:

http://aals.law.gonzaga.edu/

 

April 30, 2012 | Permalink | TrackBack (0)

Friday, April 27, 2012

Books: Beyond Elder Law New Directions in Law and Aging Doron, Israel; Soden, Ann M. (Eds.) 2012 219 p. ISBN 978-3-642-25971-5

All over the world, there is a growing interest in the relationship between law and aging: How does the law influence the lives of older people? Can rights, advocacy and representation advance the social position of the aged and combat ageism? What are the new and cutting-edge frontiers in the field of elder law? Should there be a new international human rights convention in this field? These are only a few of the many questions that arise.


This book attempts to answer some of these questions and to set the agenda for the future development of elder law across the globe. Taking into account existing research and knowledge, leading scholars from different continents (North America, Europe, Asia, and Australia) present in this book original and novel ideas regarding the future development of elder law. These ideas touch upon key topics such as elder guardianship, citizenship, mental capacity, elder abuse, human rights and international law, family relationships, age discrimination, and the right to die. This book can thus serve as an important reference work for all those interested in understanding where law and aging are headed, and for those concerned about the future legal rights of older persons.

More info/buy the book 

April 27, 2012 | Permalink | TrackBack (0)

Tuesday, April 24, 2012

Consumer Financial Protection Bureau hosts webinar to demo new website tools

The Consumer Financial Protection Bureau (CFPB) is the first federal agency devoted to consumer protection in the financial marketplace.  Since we officially opened for business in July 2011, we’ve been constantly building easy-to-use web tools to help consumers.  You can find them all at www.consumerfinance.gov.

We’d like to demo some of these web tools for you on a webinar on Thursday, April 26 from 12:30-1:30pm EST. 

Maggie Anderson from our Consumer Engagement team and others will show you how to use tools like Ask CFPB, an interactive online tool that helps consumers find answers to their basic financial questions, and our College Cost Comparison Tool, which helps students and families compare the cost of colleges by factoring in financial aid offers.  We’ll also show you where to file a complaint about a consumer financial product (like your mortgage, credit card, student loan, checking account, or auto loan) or tell your story - positive or negative - about a consumer financial product or service.

Please RSVP and join us for the webinar on Thursday, April 26 from 12:30-1:30pm EST. 

To RSVP:

1. Click this URL:  https://www.mymeetings.com/emeet/rsvp/index.jsp?customHeader=mymeetings&Conference_ID=5412769&passcode=9952040

2. Enter the conference number (5412769) and passcode (9952040), if it’s not already filled in.

3. Provide your name and email information for the event leader.

4. Click submit!

You will be able to call in at the toll-free number provided, as well as log in on your computer to follow the demo.  We look forward to your participation.

 

April 24, 2012 | Permalink | TrackBack (0)

Monday, April 23, 2012

Association for Conflict Resolution’s Elder Decision-Making and Conflict Resolution Section seeks comments on long term care mediation standards

The Association for Conflict Resolution’s Elder Decision-Making and Conflict Resolution Section has a Training Standards Committee, which has completed a set of draft training objectives for long-term care mediation.

The training objectives are for both trainers and prospective attendees to understand what should be included in long-term care mediation training.   The Section’s Training Standards Committee is soliciting comments and feedback on the proposed training objectives before finalizing the draft.  You could offer some important perspectives. 

The draft training objectives are at:

http://www.acrelder.org/2012/03/training-standards-for-long-term-care-mediation/#more-127

Comments can be posted on the ACR Web site or sent directly to Carolyn Rodis at cjrodis@yahoo.com .

April 23, 2012 | Permalink | TrackBack (0)

Thursday, April 19, 2012

Larry Frolik, caught in the wild....

Note his new high tech toy, the Apple "YellowPad".  I want one....Larry "the Dude" Frolik

April 19, 2012 | Permalink | TrackBack (0)

Tuesday, April 17, 2012

Sebelius issues statement on new agency, the Administration for Community Living

A Statement from Secretary Sebelius on the Administration for Community Living

All Americans – including people with disabilities and seniors – should be able to live at home with the supports they need, participating in communities that value their contributions – rather than in nursing homes or other institutions.

The Obama administration and my department have long been committed to promoting community living and finding new mechanisms to help ensure that the supports people with disabilities and seniors need to live in the community are accessible.

Today, with the creation of the new Administration for Community Living (ACL), we are reinforcing this commitment by bringing together key HHS organizations and offices dedicated to improving the lives of those with functional needs into one coordinated, focused and stronger entity.

The Administration for Community Living will bring together the Administration on Aging, the Office on Disability and the Administration on Developmental Disabilities into a single agency that supports both cross-cutting initiatives and efforts focused on the unique needs of individual groups, such as children with developmental disabilities or seniors with dementia. This new agency will work on increasing access to community supports and achieving full community participation for people with disabilities and seniors.

The Administration on Community Living will seek to enhance and improve the broad range of supports that individuals may need to live with respect and dignity as full members of their communities. These support needs go well beyond health care and include the availability of appropriate housing, employment, education, meaningful relationships and social participation.

Building on President Obama’s Year of Community Living, the ACL will pursue improved opportunities for older Americans and people with disabilities to enjoy the fullest inclusion in the life of our nation.

 

April 17, 2012 in Health Care/Long Term Care, Housing | Permalink | TrackBack (0)

PAHO/WHO publish guidelines for addressing the needs of elders during natural disasters

the Pan American Health Organization and the World Health Organization have recently published Guidelines for Mainstreaming the Needs of Older Persons in Disaster Situations in the Caribbean: A Contribution to World Health Day 2012 Aging and Health.

This publication offers a series of directives that aid in incorporating into risk management processes and programs the concerns and other questions for consideration at different levels of working with and relating to this group of persons. The goal is to aid them in maintaining the highest possible level of health and functional capacity in emergency and disaster situations.

April 17, 2012 in Discrimination, Health Care/Long Term Care, Housing | Permalink | TrackBack (0)

Monday, April 16, 2012

New report offers stats: Residents Living in Residential Care Facilities in the United States: 2010.

The CDC's Division of Health Care Statistics and the Long-Term Care Statistics Branch recently released Data Brief #91, Residents Living in Residential Care Facilities in the United States: 2010.  The report presents national estimates of RCF residents based on various characteristics, including demographics, Medicaid participation and charges, limitations in activities of daily living, and common chronic conditions.  The estimates are derived from the first nationally representative survey of RCFs with four or more beds.    

According to the report, in 2010 a vast majority (91%) of the 733,300 residents of RCFs were non-Hispanic white, and 70% were female.  Residents aged 85 and over made up 54% of the resident population.  Of the remaining residents, 27% were aged 75-84, 9% were aged 65-74, and 11% were under age 65.

At the time the data for the report were collected, residents had lived at their RCFs for an average of 671 days.  Out of all the residents, 19% had at least some of their RCF services paid for by Medicaid.  Medicaid coverage varied by age group, with 56% of residents under age 65 having Medicaid, compared to 39% of residents aged 65-74, 16% of residents aged 75-84, and just 10% of residents 85 or older.

With respect to services rendered, 38% of residents were assisted with three or more activities of daily living (ADLs), 36% were assisted with one or two ADLs, and 26% did not receive any assistance with ADLs.  The most common ADL that RCFs provided assistance with was bathing (72%), followed by dressing (52%), toileting (36%), transferring (25%), and finally eating (22%).

Ninety-four percent of RCF residents had been diagnosed with one or more of the ten most common chronic conditions in the facilities, which included: high blood pressure (57%), Alzheimer's disease or other forms of dementia (42%), heart disease (34%), depression (28%), arthritis (27%), osteoporosis (21%), diabetes (17%), chronic obstructive pulmonary disease and allied conditions (15%), cancer (11%), and stroke (11%).  Nearly 75% of the residents had been diagnosed with two or more of these chronic conditions.

Based on the statistics gathered, the report concluded that the RCFs housed a vulnerable population that has a high burden of both functional and cognitive impairment.

More information about the RCF residents data brief, including the brief itself, is available online at http://www.cdc.gov/nchs/nsrcf.htm.

April 16, 2012 in Housing | Permalink | TrackBack (0)

Thursday, April 5, 2012

AGING AND THE LAW LISTSERV FOR APRIL 5, 2012

Listserv Member News: Professor Katherine Pearson of Dickinson School of Law at Penn State (and Director of the Elder Protection Clinic) will be one of the guests on Australian Public Radio on April 7, 2012. The radio program talk is entitled “Dutiful Sons & Daughters,” and is about filial support laws across the world. It airs at 5:05 pm Australia time, which is at about midnight Pacific Time, so I may wait until the morning to hear her!

1. Senior Citizens Continue To Bear Burden Of Student Loans: http://www.washingtonpost.com/business/economy/senior-citizens-continue-to-bear-burden-of-student-loans/2012/04/01/gIQAs47lpS_story.html

2. Johanna Quaas, 86-Year-Old Gymnast, Performs At Cottbus World Cup In Germany: http://www.huffingtonpost.com/2012/04/02/johanna-quaas-86-year-old-gymnast-cottbus-world-cup_n_1397152.html

3. Baby Boomers Will Transform Aging In America, Panel Says: http://www.huffingtonpost.com/2012/04/02/aging-in-america-baby-boomers-arianna-huffington_n_1397686.html

4. After A Lifetime Of Hard Work, The Indignity Of A Layoff: http://www.huffingtonpost.com/2012/03/24/unemployment-older-workers_n_1347438.html

5. As A Life's End Draws Near, A Father And Son Talk: http://www.npr.org/2012/03/30/149616840/as-a-lifes-end-draws-near-a-father-and-son-talk?sc=fb&cc=fp

6. Taking Responsibility for Death: http://www.nytimes.com/2012/03/31/opinion/taking-responsibility-for-death.html?_r=2&src=tp&smid=fb-share

7. Should Elderly Drivers Need a Doctor’s Note? http://abcnews.go.com/blogs/health/2012/04/02/should-elderly-drivers-need-a-doctors-note/

8. Michael J. Fox at 50: 'I Don’t Look at Life as a Battle': http://www.parade.com/celebrity/celebrity-parade/2012/04/01-michael-j-fox.html

9. Hospital Stays Can Age the Elderly: http://articles.philly.com/2012-04-02/news/31275750_1_hospital-care-modern-hospitals-patients

10. The War on Cancer: More Americans are Surviving - Here's Why: http://www.aarp.org/health/conditions-treatments/info-03-2012/more-americans-surviving-cancer.html

11.   Trustees not Required to Euthanize “Boots” According to the Terms of a Decedent’s Will: http://www.chicagotribune.com/business/breaking/chi-cat-survives-death-sentence-in-owners-will-after-fifth-third-bank-intervenes-20120404,0,3578581.story

Ann Murphy

Professor

Gonzaga University School of Law

(509) 313-3735

amurphy@lawschool.gonzaga.edu

WEBSITE OF THE AALS SECTION ON AGING AND THE LAW:

http://aals.law.gonzaga.edu/

April 5, 2012 | Permalink | TrackBack (0)

Tuesday, April 3, 2012

ARC Opposes Roll-Back of ADA Requirements on Pool Accessibility

Oppose Roll-Back of ADA Requirements

Take Action!

The Arc opposes the Department of Justice’s notice of proposed rulemaking which would delay implementation of the 2010 ADA Standards for Accessible Design.  The Department of Justice extended a March 15 due date for existing swimming pools, wading pools, and spas to be accessible to people with disabilities to May 21, 2012.  Now, DOJ wants to extend the timeline for six more months. 

The requirement to remove barriers to accessibility, including providing access to swimming pools for people with disabilities, has been part of the statutory requirement under the ADA since its passage in 1990. The 2010 ADA Accessibility Standards only provide more detailed specifications on how to provide accessibility.  The process for developing the accessibility guidelines has been a lengthy process with numerous opportunities for all interested parties to have input.  All parties have been on notice since September 15, 2010, when the rules were published, that compliance would be required in March 2012.

DOJ’s proposed delay represents a roll back of ADA requirements and sets a very bad precedent.  The ADA was passed 22 years ago.  Why would any business, restaurant, stores, or hotels need additional time to obey the law? 

The groups that represent hotels and other places of lodging are waging a very strong advocacy campaign in support of DOJ’s plan to extend the timeline for making swimming facilities accessible.  DOJ needs to hear from people who oppose giving places more time to provide access to everyone.

To submit a comment to DOJ, go to: http://www.regulations.gov/#!submitComment;D=DOJ-CRT-2012-0006-0001

Sample language:

I am writing to oppose the Department's proposal to extend the date for existing swimming pools, wading pools, and spas to be accessible for people with disabilities.

The effective date for compliance has already been extended by the Department to May 21, 2012. The extension is sufficient, especially since the Department issued the final rule regarding accessibility of public accommodations in September 2010.

Postponing the compliance date for these regulations further would be an unacceptable roll-back of ADA accessibility standards and regulations.

April 3, 2012 | Permalink | TrackBack (0)

Profs. Frolik, Whitton and Hegland get rave reviews in NYT

The Caregiver’s Bookshelf: A Law Guide for Seniors

By PAULA SPAN

How much can a retiree earn without compromising his Social Security benefits? How do you petition for guardianship of an incapacitated older relative (and is that a good idea)? What should you know about reverse mortgages?

Navigating the law as an older adult, or on behalf of one, is a daunting enterprise. Not only are the regulations, requirements and exceptions multitudinous and confusing, but many of them regularly change. What’s the asset limit for those applying for Medicaid reimbursement of nursing home costs? Well, it depends which year you ask.

“Everyday Law for Seniors,” written by two law professors — Lawrence Frolik of the University of Pittsburgh and Linda Whitton of Valparaiso University — guides readers through the maze. The authors take on a variety of common topics (age discrimination, Social Security, housing, pensions, Medicare and other insurance) and offer clear, careful explanations and suggestions. First published in 2010, the book’s just been updated to include the most recent federal benefits numbers.

Even the most helpful book can’t substitute for the individualized advice of an elder attorney, but this one looks very useful for older people and their families.

Speaking of helpful books, here’s another suggestion from Charles Sabatino, who heads the American Bar Association Commission on Law and Aging: “New Times, New Challenges: Law and Advice for Savvy Seniors and Their Families,” by Kenney Hegland of the University of Arizona Law School and Robert Fleming, a prominent elder attorney. It’s a few years older and a bit broader in scope, said Mr. Sabatino — who’s also a fan of “Everyday Law for Seniors” — but equally clear and reliable.

Read on.

April 3, 2012 | Permalink | TrackBack (0)