Tuesday, August 14, 2018

Webinar-Sexual Abuse in Nursing Homes

Register now for a free webinar from the National Consumer Voice for Quality Long Term Care.  The webinar is scheduled for September 5, 2018 at 2 edt.  Here is some info about the webinar

Join this webinar to learn about sexual abuse in nursing homes.  Presenters will discuss a variety of topics to help you recognize the signs of sexual abuse and immediately respond to it. 

We will examine the full scope of sexual abuse in nursing homes, including: (1) its prevalence, (2) the physical and social signs of sexual abuse, (3) who is most at risk, and (4) who the perpetrators are.  In addition, you will learn the protections the federal nursing home rule provides for nursing home residents against this abuse and how to respond to the needs of victims.  Finally, we will equip you with concrete knowledge on how ombudsmen can advocate for nursing home residents who are victims of this type of abuse, including hearing from a special presenter on the ombudsman role in the Washington Alliance to End Sexual Violence in Long-Term Care

To register, click here

August 14, 2018 in Consumer Information, Crimes, Current Affairs, Elder Abuse/Guardianship/Conservatorship, Federal Statutes/Regulations, Health Care/Long Term Care, Medicaid, Medicare, Programs/CLEs, Webinars | Permalink

Sunday, August 12, 2018

Webinar-When is Consent Consent?

Register now for this DOJ Elder Justice Initiative webinar Digging Deeper: When Consent is Not Consent.The webinar is scheduled for September 6, 2018 at 2 p.m. edt.  Here's a description of the webinar:

Jane Walsh, Director of At-Risk Protection, Denver District Attorney’s Office, will discuss the concept of consent, which underlies a range of actions in criminal and civil law, including gifting money. In the context of financial exploitation, prosecutors and law enforcement will regularly be faced with many situations where a victim is aware that money or assets are being transferred to a suspect, and is apparently consenting to this happening. It is easy for incorrect assumptions to be made about consent, for example, labeling a financial gift as a poor decision rather than the result of fraud or some other action. Learn more about the dynamics of these cases, how capacity factors in, and thoughts on tactics and strategies to consider when building and trying these cases.

The concept of consent underlies a range of actions in criminal and civil law, including gifting money.  In the context of financial exploitation, professionals at times make incorrect assumptions about consent, for example, labeling a financial gift as a poor decision rather than the result of fraud or some other action. Increasing the complexity of these cases is the issue of consent.  Learn about the elements of consent, how to confirm consent, and how to distinguish consent from actions or conditions (such as diminished capacity) that negate consent.

To register, click here.

While you are at it, also register for the 3rd in a series webinar on Financial Crimes vs. Seniors. This one, Financial Crimes Against Seniors Part 3 - Response, Prosecution, and Prevention

is set for September 19, 2018 at 1 p.m. edt and will cover

A collaborative project of NW3C and the Elder Justice Initiative, this webinar is the third in a series of three webinars based on the NW3C Financial Crimes Against Seniors class, and will include:

  • Responding to a Senior Call
  • Prosecuting Elder Exploitation
  • Promoting Awareness and PreventionClick here to register for this one!

August 12, 2018 in Consumer Information, Crimes, Current Affairs, Elder Abuse/Guardianship/Conservatorship, Programs/CLEs, State Cases, State Statutes/Regulations, Webinars | Permalink

Wednesday, August 8, 2018

Webinar-Defending an Eviction Case for Older Tenants

The National Center on Law & Elder Rights is offering a free webinar on August 14, 2018 at 2 edt on  Legal Skills-Eviction Defense-Helping Older Tenants Remain at Home.

Here's a description of the webinar:

 

More older adults are choosing to rent, rather than purchase homes. Older tenants are particularly at risk of eviction due to unaffordable rent increases, or retaliation for complaints regarding code violations. Moreover, as adults age, landlords may be reluctant to make reasonable accommodations for tenants with disabilities.  Affordable housing is an important option for older renters, as it may offer reduced barriers and helpful amenities, but older adults may face other challenges preserving their tenancies in such housing.

This legal basics webcast will present a general overview of the tenants’ rights, examine one state’s process, and discuss defenses to eviction and other effective strategies to counter displacement.

To register, click here.

August 8, 2018 in Consumer Information, Current Affairs, Discrimination, Housing, Programs/CLEs, State Cases, State Statutes/Regulations, Webinars | Permalink

Monday, August 6, 2018

Two Upcoming Elder Abuse Webinars

The Department of Justice Elder Justice Initiative has announced an Office of Victims of Crimes webinar on MDT Cross-Training: Prosecutors and MDTs, scheduled for August 2, 2018 at 2 edt.

Here is a description of the webinar

Please join the EJI webinar on August 9, 2018, at 2:00 p.m. eastern time, as Nicole Sato, Deputy District Attorney, provides an overview of the role of a prosecutor at the MDT table. Learn how to strengthen collaboration with your team’s prosecutor by delving into their role, contributions, and professional perspective.

 Join in a discussion about the ethical responsibilities of a prosecutor and the importance of multidisciplinary collaboration in the fight against elder abuse. The discussion will include the prosecutor’s perspective on what makes a good case; what are their parameters on an MDT; what they get out of MDT collaborations and how best to collaborate; and what they contribute. Plus, we will clear up some common assumptions and misconceptions regarding the parameters of their work.

To register for the webinar, click here.

The following day, August 10, 2018 at 2 p.m. edt, another  webinar will be held, focusing on Elder Justice Initiative: The Role of Judges in an Elder Abuse Case

Judge Karen Howze will discuss the dynamics of elder abuse, relevant issues such as cognitive capacity, expert witnesses that may be required, reasonable courtroom accommodations, the advantages of elder abuse multidisciplinary teams, and the importance of judicial leadership on the issue of elder abuse. Judges play a critical role in adjudicating the wide array of elder abuse, neglect and financial exploitation cases that come before them. Elder abuse and fraud enter courtrooms both directly in civil and criminal cases, as well as indirectly (e.g., in the context of a guardianship proceeding), so there are many critical issues to discuss.

To register, click here.

August 6, 2018 in Consumer Information, Crimes, Current Affairs, Elder Abuse/Guardianship/Conservatorship, Health Care/Long Term Care, Programs/CLEs, State Statutes/Regulations, Webinars | Permalink

Thursday, July 26, 2018

Pennsylvania Adopts Emeritus Status for Retired Attorneys to do Pro Bono Work

On May 9, 2018, the Pennsylvania Supreme Court approved Pennsylvania Rule of Disciplinary Enforcement 403, recognizing an emeritus status for attorneys who retire from the practice of law and seek to provide pro bono services to legal aid organizations. 

Emeritus programs serve as a pool of qualified volunteer attorneys to provide services to those in need. Emeritus attorneys can perform valuable roles in the community by bolstering legal aid and other nonprofit programs to help close the gap between the need for and the availability of free legal services.  

In order to transfer to emeritus status in Pennsylvania, an attorney must be on retired status. The retired attorney must complete six hours of continuing legal education within one year prior to the application date as a prerequisite to transferring to emeritus status. The emeritus applicant must verify that he or she is authorized solely to provide pro bono services, is not permitted to handle client funds, and is not permitted to ask for or receive compensation. At the time of application, the applicant must pay a registration fee of $35. 

Emeritus attorneys can renew their status on an annual basis, paying an annual fee, or can "transfer back" to retired status.  While on emeritus status, they are subject to annual continuing legal education requirements.  

Pennsylvania doesn't tend to rush to adopt "new" ideas, and thus it is relatively late among the states to approve such a program.  Emeritus programs have existed for quite some time.  For more on them, see the white paper on "Best Practices and Lessons Learned,"  authored for the ABA in 2010 by David Godfrey and Erica Wood.  See also the 2016 updated report by David Godfrey and April Faith-Slaker.  

 

July 26, 2018 in Consumer Information, Current Affairs, Ethical Issues, Legal Practice/Practice Management, Programs/CLEs, Statistics | Permalink | Comments (0)

Thursday, July 19, 2018

What is the Best Way to Measure Appropriate Use of POLST Forms?

During a session at the first day of the  21st Annual Pennsylvania Elder Law Institute, we had an interesting dialogue about how best to utilize Physician Orders of Life-Sustaining Treatment (POLST) forms.  One attorney described how clients sometimes arrive at her law firm for advice on various estate planning matters, including a blank POLST form that was given to them in the hospital.  The client asks, in essence,"what should I do with this?"  One attorney said she walks through the form with clients, but always emphasizes that the most important part of the process is the conversation with the client's physician about her choices that should be happening before completing the document.  

Along that line, there is a timely post on the Health Affairs Blog today, with the headline "Counting POLST Form Completion Can Hinder Quality."   The authors, two physicians in Oregon, describe an incident in which a patient reported feeling pressured at a hospital to complete a POLST form, and they raise the potential for the pressure being a side effect of that patient's health plan keeping track of frequency of completion of POLSTs or other advance directives for all patients 65 or older, marking a high rate of completion as success.  They observe:

Many stakeholders have been concerned about how best to measure the quality of advance care planning and use of the POLST form. Some health plans and payers measure the frequency of POLST form completion without a clearly delineated eligible denominator population. Use of such a metric erodes the quality of the POLST program as the following case illustrates. . . . 

 

 When health care professionals encourage patients who are “too healthy” to complete a POLST form (instead of an advance directive), even when orders are for “CPR/Full Treatment,” they may cause harm. If the patient later loses decision-making capacity and clinically deteriorates to a condition in which he or she would have desired a comfort-oriented approach, the presence of the inappropriate POLST may increase the decision-making burden on the family. Another concern is that some healthy patients have been denied life insurance because their medical record inappropriately includes a POLST form; the company incorrectly believing the patient has a limited life expectancy.

The authors argue persuasively that:

Accordingly, we do not believe that POLST forms should be mandated or counted as a quality measure. Instead, POLST quality measures should count conversations about patients’ goals for care as they near the end of their lives.

I recommend the full article, linked above, including review of their "seven imperatives to preserve POLST quality." 

July 19, 2018 in Advance Directives/End-of-Life, Consumer Information, Current Affairs, Ethical Issues, Health Care/Long Term Care, Programs/CLEs, State Statutes/Regulations, Weblogs | Permalink | Comments (0)

Wednesday, June 20, 2018

Register Now-Webinar-Elder Homicides

The Elder Justice Initiative at the DOJ has announced a new webinar on July 13, 2018. Here's the information about the webinar:

On Friday, July 13, from 2:00–3:00 p.m. eastern time, the Elder Justice Initiative presents the webinar “The Forgotten Victims: Elder Homicides Part 2, A Prosecutor's Perspective." Please join us as Belle Chen of the Los Angeles County District Attorney’s Office discusses the unique challenges of investigating and prosecuting elder and dependent neglect homicides... This webinar will highlight some of the challenges and common dynamics in these cases through a comparison of two elder neglect cases that went to trial and were presented to juries. This presentation can aid law enforcement in their investigations of complex elder neglect cases and prosecutors in their review, filing, and litigation in criminal court. 

To register, click here

 

 

June 20, 2018 in Consumer Information, Crimes, Current Affairs, Programs/CLEs, State Cases, State Statutes/Regulations, Webinars | Permalink | Comments (0)

Friday, June 1, 2018

2018 World Elder Abuse Awareness Day Webinar

Happy June 1. Celebrate by registering now for a free webinar for World Elder Abuse Awareness Day! From the DOJ Elder Justice Initiative, this 4 p.m. webinar will include:

A presenter from the Social Security Administration will share the latest on representative payees; an EJI representative will talk about the Elder Abuse Prevention and Prosecution Act and new resources being developed to better respond to elder abuse; an expert from the Administration for Community Living will describe their guardianship grant programs and the importance of data collection for policy and programmatic enhancement; and the Deputy Director of the National Center on Elder Abuse will present on some of the latest trends and resources that will help you to better respond to elder abuse.

Expert presenters include:
Lydia Chevere, Public Affairs Specialist, Social Security Administration
Aiesha Gurley, Aging Specialist, Office of Elder Justice and Adult Protective Services, U.S. Department of Health and Human Services
Susan C. Lynch, Senior Counsel for Elder Justice, U.S. Department of Justice
Julie Schoen, Deputy Director, National Center on Elder Abuse

To register for this webinar, click here

June 1, 2018 in Consumer Information, Crimes, Current Affairs, Elder Abuse/Guardianship/Conservatorship, International, Programs/CLEs, Webinars | Permalink | Comments (0)

Monday, May 28, 2018

Chip Chiplin 2018 Recipient of NAELA Theresa Award

One of my heroes, Alfred "Chip" Chiplin, who died last year, was the 2018 recipient of the NAELA Theresa Award. The award is presented by the Theresa Foundation and was awarded at the 24th Annual Theresa awards as well as at NAELA's 2018 annual meeting.  The award "is an annual community service award presented by the Theresa Alessandra Russo Foundation to a NAELA member in recognition of his or her advocacy and support of individuals with disabilities."  The award was accepted by Chip's sister.

More information about the amazing work of the Theresa Foundation is available here.

May 28, 2018 in Consumer Information, Current Affairs, Other, Programs/CLEs | Permalink | Comments (0)

Wednesday, May 23, 2018

Call for Proposals: American Society on Aging 2019 Annual Conference

The American Society on Aging (ASA) has announced its call for proposals for the 2019 AiA conference, to be held April 15-18, 2019 in New Orleans.  Here's a bit of info about the conference

The 2019 conference will have a strong focus on critical and emergent topics facing the field of aging, as well as cutting-edge and responsive programmatic, research, policy and advocacy efforts. Potential interest areas include: emergency/disaster readiness, housing and transportation access, caregiving, substance use/opioid crisis, multiple aspects of dementia, technology and aging, intergenerational models, population health, and shifting policy and legislative issues affecting older adults. Additionally, we welcome proposals spanning the theme of aging that offer innovative policies, programs, practices, models, businesses and learning. 

To learn more, click here. To submit a proposal, click here. Due date for proposals is June 30, 2018.

May 23, 2018 in Consumer Information, Current Affairs, Other, Programs/CLEs | Permalink | Comments (0)

Tuesday, May 22, 2018

Congrats to NAELA

NAELA celebrated its 30th year with its annual conference in New Orleans, LA on May 17-19, 2018. The conference consisted of three tracks: legal tech, advocacy and public benefits.  The well-attended conference packed in a great amount of programming in two and a half days. Speakers included leaders from the field of elder law, consultants, cyber security experts, researchers and more.  NAELA members unable to attend may check the NAELA website for more information.

In addition, Michael Amoruso was sworn in as the next NAELA president by outgoing president Hy Darling.  Congrats NAELA!

(In the interest of full disclosure, I'm a former president of NAELA and co-chair of the planning committee for this conference.)

 

May 22, 2018 in Consumer Information, Current Affairs, Federal Statutes/Regulations, Health Care/Long Term Care, Legal Practice/Practice Management, Medicaid, Medicare, Programs/CLEs, Property Management, Social Security, State Cases, State Statutes/Regulations | Permalink | Comments (0)

Wednesday, May 16, 2018

Grandparent Rights and Responsibilities -- and New Laws

Last Sunday, CBS' 60 Minutes ran an extended feature story on the role of grandparents as primary caregivers for grandchildren, often because of untrustworthy parents with opioid or other addiction problems.  The story reported that "stoked by the opioid crisis, 21,000 children -- just in Utah -- live with their grandparents."

The feature also suggested some of the financial consequences for the extended family, as grandparents were exhausting their own retirement savings in order to provide for the younger children.  Nonprofit programs, such as Grandfamilies, sometimes are able to provide informal support for the grandparents.  

Along the same lines, Pennsylvania's Governor Wolf signed new laws, Senate Bill 844 (Printer's No. 1531), which became Act No. 21, on May 4, 2018.  The law recognizes expanded standing for grandparents to seek physical or legal custody for grandchildren, if they can show "clear and convincing evidence" of all of the following: 

(I) The individual has assumed or is willing to assume responsibility for the child. 


(II) The individual has a sustained, substantial and sincere interest in the welfare of the child.

 

In determining whether the individual meets the requirements of this subparagh, the court may consider, among other factors, the nature, quality, extent and length of the involvement by the individual in the child's life.

 

(III) Neither parent has any form of care or control of the child.

Pennsylvania estimates that there are 82,000 grandparents acting as sole caregivers for roughly 89,000 grandchildren.  Other related bills still pending in Pennsylvania include support for creation of a "Kinship Caregiver Navigation Program," and a means to appoint a temporary guardian when a parent enters drug or alcohol treatment.     

Additional history on the shifts in thinking on grandparent rights can be important.  For example see this Pennsylvania law firm's blog post from 2013 on amendments that removed "automatic" standing for grandparents to seek custody.     

The Pennsylvania Bar Institute, responding swiftly to the latest changes, is offering a Webinar  tomorrow (May 17, 2018) on the new laws.   

May 16, 2018 in Consumer Information, Current Affairs, Elder Abuse/Guardianship/Conservatorship, Ethical Issues, Programs/CLEs, State Statutes/Regulations, Statistics | Permalink | Comments (0)

Thursday, May 10, 2018

Pennsylvania "Dissolves" Its Continuing Education Subsidiary -- What's Next?

This summer I will attend (and be a speaker for) the two-day Elder Law Institute hosted by the Pennsylvania Bar Institute (PBI).  It is the 21st time the annual institute has been offered and I think I've attended 20 of them.   Many of the movers and shakers in elder law from the national scene, including my blogging colleague Stetson Law Professor Becky Morgan and Justice in Aging's Eric Carlson, just to name two, have been keynote speakers over the years.   I find the Elder Law Institute to be not only educational in the traditional sense of classroom learning, but an important place to catch up with the informal ways that our profession is changing and moving on.   

So, it was with a real dose of surprise when I was catching up on local news today and learned that PBI's parent organization, the Pennsylvania Bar Association (PBA), voted in mid-April to "dismiss" the governing body for PBI and to, in essence, shut it down as the educational arm of the bar association.   Financial problems are cited in one article from Law360 as the motivating reason:.

... Dennis Whitaker, a partner at Hawke McKeon & Sniscak LLP who was removed as the president of PBI's board of directors as a result of last month's vote, told Law360 on Thursday that the takeover plan had come as both a complete surprise and despite what he said were viable plans to right the institute's finances.
"The action was unexpected and we all felt it was unwarranted," he said. "We were on a path to turn the organization around."



Whitaker said that the bar association's move to dissolve and absorb the institute, which has provided continuing legal education programming as an independent entity for more than half a century, was unveiled at a meeting between the leadership teams of the two organizations on April 11.


"We had no notice this was coming," Whitaker said.

That news was supplemented by the Pennsylvania Bar Association's announcement via email today that PBI will become "a department" of  PBA, and will continue producing live programs and publications.   

Signs of the times -- including a sign of what seems to be the legal profession's impatience with traditional formats for mandatory CLE.  In my experience, the demand for modular, portable education is growing -- but that type of product isn't necessarily more cost effective to produce.  

May 10, 2018 in Programs/CLEs | Permalink | Comments (0)

Sunday, May 6, 2018

Maryland Offers On-Line Orientation Video for Prospective Court-Appointed Guardians

As is true for many states, Maryland is increasing the education, support and supervision for guardians appointed by the Maryland courts.  In connection with this, beginning on January 1, 2018, prospective guardians must watch a video-based  "orientation program" before they are appointed guardian of a minor or disabled person.  The 9-minute video introduces the "roles, duties and responsibilities" of a guardian and explains mch of what to expect if appointed by the Maryland Courts.   Here is a link to the video.  

What I particularly like about this video is the message "You Are Not Alone as a Guardian," and the emphasis that Court-appointed guardians are subject to the ultimate authority of the Court.  I think that many courts are still struggling with their  own roles in this regard, but here the lines of responsibility are explained clearly.

The balance here is delicate, requiring careful thought about how to provide threshold information essential for a candidate to make an informed decision about whether to serve, but  without making the information so overwhelming that good candidates decline the role.  The Maryland courts caution that this particular orientation and the related training requirements do NOT apply to public guardians or guardianships that terminate parental rights. 

In my opinion, this type of video is a good first step.  But just a first step.  

May 6, 2018 in Cognitive Impairment, Consumer Information, Current Affairs, Dementia/Alzheimer’s, Elder Abuse/Guardianship/Conservatorship, Estates and Trusts, Ethical Issues, Legal Practice/Practice Management, Programs/CLEs, Property Management, State Cases, State Statutes/Regulations, Webinars | Permalink | Comments (0)

Thursday, May 3, 2018

21st Annual Elder Law Institute in Pennsylvania, July 19-20, 2018, Open for Registration

Hard to believe, but this summer will mark the 21st annual Elder Law Institute in Pennsylvania  It functions as both a gathering of the clan and an educational update, and I always walk away with new ideas for my own research and writing.  On the second day of the event (which runs July 19 and 20), Howard Gleckman will give the keynote address on "Long Term Care in an Age of Disruption."  Doesn't that title capture the mood of the country?!  

Practical workshops include:

  • Using Irrevocable Trusts in Pre-Crisis and Crisis Planning - Ms. Alvear & Ms. Sikov Gross
  • Guardianship for Someone Who Is 30/30 on the MMSE (Advanced Mental Health Capacity Issues) - Ms. Hee & Mr. Pfeffer
  • Medicaid across State Lines: Pennsylvania vs. New Jersey - Mr. Adler
  • Medicaid Annuities in Practice - Mr. Morgan & Mr. Parker
  • Business Succession Planning for Elder Law Practices - Ms. Ellis, Mr. Marshall, Mr. Pappas & Ms. Wolfe
  • Social Security Disability: What Elder Law Practitioners Need to Know - Mr. Whitelaw
  • Drafting Trusts for Beneficiaries with Behavioral Impairments and Mental Health Problems - Mr. Hagan & Dr. Panzer
  • Being a Road Warrior Attorney: Staying Organized and in Touch While Out of the Office (ETHICS) - Ms. Ellis

Mark your calendars and join us (Linda Anderson, Kimber Latsha and I are hosting a session on Day 1 about "new" CCRC issues).  Registration is here.  

May 3, 2018 in Books, Cognitive Impairment, Consumer Information, Current Affairs, Elder Abuse/Guardianship/Conservatorship, Estates and Trusts, Ethical Issues, Health Care/Long Term Care, Housing, Legal Practice/Practice Management, Medicaid, Medicare, Programs/CLEs, State Cases, State Statutes/Regulations | Permalink | Comments (0)

Tuesday, May 1, 2018

ABA Offers CLE on "Ethical Pitfalls Encountered by Lawyers with Diminished Capacity"

My thanks to Dickinson Law Professor Laurel Terry for pointing us to an upcoming seminar offered by the American Bar Association on "Competency and Cognitive Decline in the Legal Profession: Ethical Pitfalls Encountered by Lawyers with Diminished Capacity," on May 9, 2018, from 1 to 2:30 p.m. (ET). 

The promotional materials are a bit lean, but discussion topics are described as follows:

  • Understanding the effects of aging on the human brain
  • How to recognize some of the signs of diminished capacity
  • The practical and ethical considerations for intervention
  • Advice on how to facilitate discussion with the impaired person (or others who can help)
  • Resources and ways to locate assistance in your area
  • The importance of succession planning, and resources to help you develop or review your own succession plans

The speakers include Dr. Doris Gunderson, a psychiatrist in Colorado. 

Co-sponsors of the program including the ABA Center for Professional Responsibility, its Commission on Law and Aging, the Commission on Lawyer Assistance Programs, the Section for Civil Rights and Social Justice, the Senior Lawyers Division, and the Solo, Small Firm and General Practice Division.  

For more information on registering, see here.  

May 1, 2018 in Cognitive Impairment, Current Affairs, Dementia/Alzheimer’s, Ethical Issues, Legal Practice/Practice Management, Programs/CLEs, Webinars | Permalink | Comments (0)

Thursday, April 26, 2018

Commission on Law & Aging-Latest Issue of BIFOCAL

Happy Friday! If you haven't read the latest issue of BIFOCAL, the publication of the American Bar Association Commission on Law & Aging, check it out here. This issue contains 6 articles, including the implications of the tax bill on older Americans, POLST issues to avoid, the new Medicare cards, a book review, and a preview of the 2018 NALC conference.  Access the latest issue here.

April 26, 2018 in Advance Directives/End-of-Life, Books, Consumer Information, Current Affairs, Federal Statutes/Regulations, Health Care/Long Term Care, Medicare, Programs/CLEs | Permalink | Comments (0)

Wednesday, April 18, 2018

New Issue Brief from National Center on Law & Elder Rights

The National Center on Law & Elder Rights has released an issue brief, Drafting Advance Planning Documents to Reduce the Risk of Abuse or Exploitation.  The issue brief offers 4 key lessons:

  1. Extra care in the creation of advance care planning documents can reduce the risk of abuse and exploitation.
    2. Requiring accountability, additional checks and balances, and limited authority are drafting tools lawyers can utilize to limit risk of abuse.
    3. Attorneys should advise clients to be extra diligent when selecting the agent(s) named in advance planning documents.
    4. Authorizing revocation by third parties can help to limit the damage done by named agents who start to abuse or exploit the client. 

I was intrigued by #4-the idea of naming a third party who could step in.  The section, Five Safeguards to Consider Adding to a Financial POA discusses that among others.  Here's how the issue brief explains the third party revocation provision: "Grant a power to revoke the agent’s authority to a trusted third person. This is a serious power to give any third person, so it requires an exceptional level of trust and reliability in the third person. But, if the agent’s actions prove seriously out of line, this can be a last resort. Some powers of attorney also authorize law enforcement or adult protective services to revoke the authority of the agent if they believe abuse or exploitation is taking place." Sample language is also included for each of the 5 Safeguards.

The brief discusses selection of agents and drafting health care directives in addition to drafting POAs. Practice tips are included as well as case examples. The issue brief is available here.

To learn more about the corresponding webcast click here.  To download the PowerPoint for the webcast, click here.

April 18, 2018 in Advance Directives/End-of-Life, Cognitive Impairment, Consumer Information, Current Affairs, Dementia/Alzheimer’s, Health Care/Long Term Care, Other, Programs/CLEs, Property Management, State Statutes/Regulations, Webinars | Permalink | Comments (0)

Sunday, April 8, 2018

As Individuals with Developmental Disabilities Live Longer, They May Outlive Caregiver Parents

During Dickinson Law's recent program on Dementia Diagnosis and the Law, one of our panelists, Elder Law practitioner Sally Schoffstall raised an issue planning professionals are seeing more often, families who are concerned about the long-range needs of children with developmental disabilities. I know that over the years I have often had law students whose interest in disability and estate planning law began with a brother or sister with special needs, and they are thinking about their own future roles in helping the family plan. 

The good news is that better early health care often means an extended life for disabled children, but that very fact raises the probabilities on living longer than the people who have been primary caregivers, especially their parents. As we heard from medical professionals at our conference, individuals with Down Syndrome, for example, are now less likely to succumb to physical impairments such as developmental  heart problems, but still face a significant risk of early onset of dementias, with an estimated 30 percent of those in their 50s already experiencing symptoms similar to Alzheimer's Disease.  

On May 21-22, a St. Louis-based nonprofit organization, Association on Aging with Developmental Disabilities (AADD) will hold its 28th annual conference.  The conference draws an audience of professionals from a wide range, including social workers, nurses and other service providers.  As with most people, individuals with disabilities want to "age in place," and that takes extra planning to manage financial assets.  Pamela Merkle, executive director for AADD explains:

"Sessions will focus on giving them the tools they need to successfully support people with developmental disabilities who are aging,” says Merkle. 

 

She explains that many of the issues faced by older persons with developmental disabilities mirror those of aging individuals in general, such as isolation, depression and how to handle retirement. “Like most people, they want to ‘age in place,’ not spend their golden years in a nursing home. Given that living within the community is more cost-effective, it’s important to both the seniors and our communities that there be more public programs to support that choice,” she continues. . . . 

 

For individuals who are 50 or older, AADD offers retirement services. While some of the participants have held community-based jobs, others spent decades in sheltered workshops. As with many members of the general population, they often tend to define themselves through the jobs they held for so many years. “So we focus on identity: ‘I’m a volunteer” or “I’m active in my church,’” explains Merkle. “If you don’t have something in place to fill the void after retirement and to maintain the skills you’ve developed, you’ll retire to your couch. You won’t be an active part of the community, and will most likely spend your “golden years” alone.”

For more, see this commentary from the Special Needs Alliance, and look for related links.  My thanks to Sally for providing links to this conference information! 

April 8, 2018 in Advance Directives/End-of-Life, Cognitive Impairment, Dementia/Alzheimer’s, Elder Abuse/Guardianship/Conservatorship, Estates and Trusts, Ethical Issues, Health Care/Long Term Care, Housing, Legal Practice/Practice Management, Programs/CLEs | Permalink | Comments (0)

Friday, April 6, 2018

AALS Aging & Law Section Call for Proposals

The Aging & Law Section of AALS has issued a call for papers for its meeting in January, 2019 in new Orleans as part of the 2019 AALS annual meeting. The program is being co-sponsored by the Family & Juvenile Law, Minority Groups, Trusts & Estates, and Women in Legal Education Sections.
The topic for the program (and papers) is The Legal Consequences of Living a Long Life: The Differential Impact on Marginalized Communities

Here's a brief description, prepared by Section Secretary Naomi Cahn.

Thanks to advances in health care people are living longer.  Longevity has legal consequences.  People can outlive their family, friends, and finances. Longevity has differing impacts for women, people of color, low-income people, and LGBT individuals. Statistically, women make less money than men and they live longer than men. People of color are less financially secure than Americans as a whole. In the United States, approximately 80 percent of long-term care for older people is provided by family members, such as spouses, children, and other relatives. This places an undue financial burden on low-income persons. LGBT individuals may face conscious and unconscious discrimination when seeking long-term care and other assistance, and they have historically formed various kinds of family structures.  This panel will explore the intersection of the legal system and longevity, examining systems that are in place or should be in place to help people plan for living longer. Topics might include: paying family caregivers, working conditions of nursing home assistants, and differential patterns of wealth accumulation. This call for paper seeks authors of published or unpublished papers that consider law and longevity. 

To be considered, submit a one-two page proposal by email to Naomi at ncahn@law.gwu.edu  Deadline is May 1, 2018. BTW, those accepted to present may also have their papers published in the Journal of Health Law and Policy at Cleveland State University.

Don't wait-submit your proposal!!!

April 6, 2018 in Consumer Information, Current Affairs, Other, Programs/CLEs | Permalink | Comments (0)