Wednesday, December 27, 2017
DOJ's office on Violence vs. Women (OVW) is offering a 5-part webinar series on Abuse in Later Life. The webinar series is free. The series will be presented jointly by the National Clearinghouse on Abuse in Later Life (NCALL) and The ABA Commission on Domestic and Sexual Violence. The 5 parts will cover
- January 25, 2018 Abuse in Later Life Overview
- February 8, 2018 Forming the Relationship with your Client
- February 22, 2018 Client Goal-setting and Non-litigation Responses
- March 8, 2018 Legal Resolutions and Remedies
- March 22, 2018 Bringing the Case-Trial Skills
All the webinars are offered at 1:30 est. To register click here
Tuesday, December 26, 2017
The DOJ Elder Justice Initiative is holding a free webinar on January 12, 2018 at 2 est on What Hotline Workers Need To Know About Elder Abuse. To register, click here. Here's the info about the webinar
Julie Childs, J.D., Consultant to the U.S. Department of Justice Elder Justice Initiative, hosts a discussion with Maria Shumar, Victim Specialist Consultant to the U.S. Department of Justice Elder Justice Initiative, and Keeley Frank, Senior Service Specialist from the National Center for Victims of Crime, on assessing and responding appropriately to calls from older adults who may have experienced elder abuse. We’ll discuss case examples to provide hotline workers tips on how to assist these callers and direct them to relevant resources and services.
Friday, December 15, 2017
Are you familiar with the National Center on Law and Elder Rights? If you are an academic teaching courses about any aspect of elder law, disability law, Medicare or Medicaid, you will want to know more about this resource. If you are working in a legal services organization that represents older clients or disabled adult clients, you will want to now about this resource. If you are a young lawyer and just handling your first case involving home-based or facility-based care for older persons who are can't afford private pay options, you will definitely want to know about this resource. In fact, if you are a long-time lawyer representing families who are struggling to find their way through an "elder care" scenario, you too might benefit from an educational "tune up" on available benefits. And the very good news? This is a free resource.
The National Center on Law and Elder Rights (NCLER) was established in 2016 by the federal Administration for Community Living. The new entity is, in essence, a partnership project, with the goal of providing a "one-stop resource for law and aging network professionals" who serve older adults who need economic and social care assistance. Justice in Aging (formerly the National Senior Citizens Law Center) which has primary offices on the east and west coast is a key partner, working with the American Bar Association's Commission on Law and Aging, the National Consumer Law Center (NCLC), and the Center for Social Gerontology (TCSG). Attorneys at these four NCLER partners provide substantive expertise, including preparation of materials available in a variety of formats, such as free webinars on a host of hot topics. The Directing Attorney is Jennifer Goldberg from Justice in Aging and the Project Manager is attorney Fay Gordon.
It strikes me that a very unique way in which NCLER will be a valuable resource is through what the offer as "case consultations" for attorneys and other professionals. Think about that -- you may have long-experience with one branch of "elder law" such as Medicaid applications, but you have never before handled an elder abuse case with a bankruptcy problem. Here is the way to potentially get experienced guidance!
The web platform for NCLER offers a deep menu of resources, including recordings of very recent webinars and information on future events. I recently signed up for a January 2018 webinar program on elder financial exploitation and even though it is a "basics" session I can tell I'll hear about a new tools and possible remedies, as the presenters are Charlie Sabatino and David Godfrey. I just watched a recording of another recent webinar and it was very clear and packed with useful information. There is a regular schedule for training sessions -- with "basics" on the second Tuesday of every month and more advanced training sessions on the third Wednesday every month.
I confess that somehow NCLER wasn't on my radar screen until recently (probably because my sabbatical last year put me about a year behind on emails -- seriously!) but I'm excited to know about it now.
December 15, 2017 in Elder Abuse/Guardianship/Conservatorship, Ethical Issues, Federal Cases, Health Care/Long Term Care, Legal Practice/Practice Management, Medicaid, Medicare, Programs/CLEs, Social Security, Web/Tech, Webinars | Permalink | Comments (0)
Tuesday, December 5, 2017
Our friend and colleague, Professor Naomi Cahn at GW Law, sent us a link to a story published in Slate. The Digital Afterlife Is a Mess recounts the tangle created by the number of accounts a person may have, knotted up by company policies and wrapped around various laws.
Today’s world is different. Many of us have chosen to go paperless, so all of our financial statements are delivered electronically; we even file digital tax returns. Our love letters may no longer be written in ink on paper, our reading and listening and viewing interests no longer documented by hardcover books and magazines, record albums, and VCR tapes, and our photos no longer stored in boxes under out beds.
So once the digital asset owner dies, how does the executor gain access to these digital assets and further, determine their value, if any? The article explains the hurdles, including the potential for committing a crime unwittingly by using the decedent's account and password to access digital files. The article turns to the Uniform Act designed to address this growing problem: the Uniform Fiduciary Access to Digital Assets Act, Revised, which has been adopted by almost 2/3 of the states. The Act "allows a fiduciary to manage much of a decedent’s digital property, giving access to many things other than the content of electronic communications (unless this access has been limited by the user or by a court order) and even permitting access to content in certain limited situations." The article explains the 4-tiered system the Act uses for prioritizing and offers practical suggestions such as starting with inventorying your own digital assets, subscribing to an online account management program, and include coverage of digital assets in estate planning documents.
Monday, November 27, 2017
A Frameworks Institute initiative, Reframing Aging, now includes a free video on reframing aging and ageism. The video can be ordered here. (Although free, you still need to enter your contact information and then receive an email with login info to start the course. The course info explains that the "lecture series, [provides] a guided tour of how to use new, evidence-based framing strategies to communicate more powerfully about aging as a social policy issue." The sponsors of the lecture series are Grantmakers in Aging and the Leaders of Aging Organizations. Topics include “What's in a Name?,” “The Swamp of Cultural Models,” “Rethinking Narrative,” “Stories to Stop Telling,” “Embracing the Dynamic” and “Confronting Injustice.
Monday, November 6, 2017
PBS NewsHour has been running a series of interviews, Brief but Spectacular, where the subject opines on the question: what vital things make life spectacular. They recently aired their 100th episode, which featured a person who is 92 years old and who has begun to have memory problems. You can read the transcript here or listen to the audio of the interview here. Another interviewee, a 91 year old author, opines on aging with grace. That transcript can be accessed here. You can access the full series here.
Wednesday, September 27, 2017
This is not an elder law specific topic so if that doesn't interest you, stop reading now (we have plenty of elder law specific posts in the archives). It seems like every week (if not more often) we read about a data breach. The one gathering all the headlines right now is the Equifax breach, which I'm sure you all have heard about (unless you are one of the ones without power Post-Irma). Having been a victim of ID theft and the Equifax breach, I'm a little wound up about these issues so forgive me if I get a little too "enthused" discussing this. Within 11 minutes today I got two agency emails warning me about ID theft. Social Security sent out a note about Protecting Your Social Security. Here are some suggestions from SSA:
- Open your personal my Social Security account....
- If you already have a my Social Security account, but haven’t signed in lately, take a moment to login to easily take advantage of our second method to identify you each time you log in. This is in addition to our first layer of security, a username and password....
- If you know your Social Security information has been compromised, and if you don’t want to do business with Social Security online, you can use our Block Electronic Access You can block any automated telephone and electronic access to your Social Security record...
The second email I got was a consumer alert from NAIC. Identity Theft: Protect Yourself in wake of breaches, hacks and cyber stalkers explains
Big data is big business. But it can also lead to bigger headaches when large-scale breaches expose personal information. Large companies including insurers and credit bureaus have been the victims of cyber thieves who accessed private customer information. Most recently, the Equifax breach of could affect 143 million Americans.
Identity theft occurs when a person uses your personal information to commit fraud or unlawful activity. Using your social security number or date of birth, someone may open new credit card or bank account in your name, and even take out a loan using your personal information. Affected consumers can help protect themselves with identity theft insurance—or by using safeguards provided by the impacted company. The National Association of Insurance Commissioners (NAIC) offers these consumer protection tips.
The tips include what not to carry in your wallet, what to do if your identity has been stolen, not to proactively protect yourself against identity theft and the pros and cons of purchasing identity theft insurance.
I'm just saying now... this isn't going to be the last time I write you about this. Hopefully none of you will be in my boat. Safe travels through cyber space.
Tuesday, August 1, 2017
Over the weekend, I caught an interesting episode of "On Being," with public radio host Krista Tippett. While the nominal topic was "the good, bad and the ugly" of the internet, and especially of internet-based social media sites, I found the conversation with her guest relevant on a number of levels, including questions about the importance of healthy relationships and intellectual stimulation for individuals as they age.
The guest speaker, Danah Boyd, a researcher, book author and pro-technology blogger, especially internet technology, talked about concerns that many parents may have, that their children are negatively affected by the amount of time they spend on the internet, whether in the form of Facebook, emails, chatrooms or simply surfing. "Why don't they just go outside and play together like we did as children, especially in the summer?"
In response, Boyd pointed out that there is a "tremendous amount of fearmongering that emerged in light of 24/7 news...." She continued:
We created this concern that public spaces like the park were a terrible, terrible place. We were worried about latchkey children. We were worried about school buses. We clamped down on young people, and we started, especially in middle to upper class environments, structuring every day of their lives.
She drew upon examples, including some from Eric Klinenberg, a sociologist who wrote Going Solo to examine the implications of living a "single life," to suggest a possible explanation for young people retreating into the internet is the need to escape the pressures of overly structured daily lives.
If true, wouldn't the need to escape increase as you get older and encounter more pressure to work, be on time, succeed, and to multi-task? The need to detach from one-on-one relationships might be greater.
While the program did not talk directly about the upper ages of such a trajectory, as I listened to the program I couldn't help but think there is some greater truth here. I see some people continue to want to stay engaged in one-on-one social relationships as they move into the "older" of older ages, but I also see many, including some of my own family members, do the exact opposite. No, they aren't retreating into the internet, but they are retreating from what they might see as pressures to communicate, to be articulate, to "chat" with long time friends or family members. Perhaps for some it is the television, rather than a cell phone or iPad that serves as the protective shield.
But, for future generations of elders will the internet still be intriguing and continue to offer escape routes?
One of the things that I liked about the "On Being" discussion was the discussion of the importance of striving for balance in the midst of technological changes. Boyd said:
From my perspective, it’s about stepping back and not assuming that just the technology is transformative, and saying, okay, what are we trying to achieve here? What does balance look like? What does happiness look like? What does success look like? What are these core tenets or values that we’re aiming for, and how do we achieve them holistically across our lives? And certainly, when parents are navigating this, I think one of the difficulties is to recognize that this is what your values are, and they may be different from your child’s values. And so how do you learn to sit and have a conversation of “Here’s what I want for you. What do you want? And how do we balance that?” And that’s that negotiation that’s really hard. And so I think about it in terms of all of us — how do you find your own sense of grounding?
She concludes, suggesting internet technology is an important tool for making connections and having relationships, but "reflection" about life goals is also important. Or as Boyd says, "There are so many opportunities out there to connect, to communicate, to get information. We need to be more thoughtful about what we want to achieve and how to articulate that in our lives and how to achieve it collectively, individually, and as a community."
Tuesday, July 11, 2017
Kiplinger ran a story for elders about staying cyber-safe online. Beware Fraudsters When You Go Online discusses cybersecurity safety. The tips include a strong password (I know we've heard this before, but it's so important) ,using tw0-factor authentication and even fingerprint ID to log on. Do this for every one of your online interfaces: for your email, your financial accounts and your social media. Keep your software and anti-virus updated (include your smart phone-update those apps!). Backup critical data (even a hard copy), don't share your passwords, don't use the same password for everything, keep a hard copy of your passwords, don't click on links in emails and remember your bank, Social Security and the IRS will not email you. You didn't really win a foreign country's lottery. Don't open attachments. Be mindful when on your computer. Think before you click!
Wednesday, June 21, 2017
You are reading this blog either on your computer, your smart phone, your tablet, or some other device that I didn't mention. You are not likely reading this in hard copy. What about your daily dose of news in the morning? Do you read a physical copy of a paper? Is a morning news show (television or radio) part of your routine? If you are in the group of folks 50 and over, more and more you are likely reading your news on a mobile device, according to a report released by Pew Research Center. A fact tank report, Growth in mobile news use driven by older adults tells us the uptick is strong: "[m]ore than eight-in-ten U.S. adults now get news on a mobile device (85%), compared with 72% just a year ago and slightly more than half in 2013 (54%). And the recent surge has come from older people: Roughly two-thirds of Americans ages 65 and older now get news on a mobile device (67%), a 24-percentage-point increase over the past year and about three times the share of four years ago, when less than a quarter of those 65 and older got news on mobile (22%)." Those in the 50-64 age group also show a strong adoption of news on mobile devices with "79% now get news on mobile, nearly double the share in 2013. The growth rate was much less steep – or nonexistent – for those younger than 50."
Why this increase you wonder? Wonder no more. The report explains the growth is partially due to the fact that fewer of elders had been using mobile devices for their news, so there was opportunity for greater adoption than younger age groups who were already strong adopters. So even though more elders are using mobile devices for their news, it doesn't mean they are liking it! The report explains that those 65 and older aren't particularly keen on doing so with "[o]nly 44% prefer mobile ... [and] those 50 to 64 ... prefer to get their news on mobile (54%), up from about four-in-ten (41%) a year ago."
Wednesday, June 14, 2017
Kiplinger has a nifty quiz for you to test your knowledge about estate planning. The quiz, What Do You Know about Wills and Trusts? Test Your Estate-Planning Smarts consists of 10 multiple choice questions with explanations once you have answered a specific question. Take the quiz - it only takes about 5 minutes. Your results are instantaneous and you can compare your knowledge against the rest of us (the average is 7 correct answers out of 10). If you teach Trusts & Estates, this would be a good exercise to give during the first class!
Tuesday, June 6, 2017
Our exclusive Retirement Savings Calculator will help you estimate the future value of your retirement savings and determine how much more you need to save each month to reach your retirement goal. Actual results will depend on how much you contribute to your retirement accounts, the rate-of-return on your investments, and how long you live. (The calculator does not take taxes on your retirement income into account so your actual spendable income will be less.)
Try it out. It really is quick and easy. It would be a great tool to use with our students to get them thinking about financial security and the importance of planning for retirement.!
Monday, May 22, 2017
The Pew Research Center released a new report on tech use and older adults. Tech Adoption Climbs Among Older Adults explains the rise in "wired" elders: "[a]round four-in-ten (42%) adults ages 65 and older now report owning smartphones, up from just 18% in 2013. Internet use and home broadband adoption among this group have also risen substantially. Today, 67% of seniors use the internet – a 55-percentage-point increase in just under two decades. And for the first time, half of older Americans now have broadband at home." That seems like good news, but what about those who aren't connected? "One-third of adults ages 65 and older say they never use the internet, and roughly half (49%) say they do not have home broadband services. Meanwhile, even with their recent gains, the proportion of seniors who say they own smartphones is 42 percentage points lower than those ages 18 to 64."
The report shows a correlation between use and age, income and education. The report discusses tech adoption by type of tech, obstacles to adoption and use, levels of engagement and perceptions of the value of tech on society. A pdf of the 23 page report is available here.
Wednesday, May 17, 2017
If you scoffed at this title, thinking "of course I am" then you are not alone. But, if you scoffed at this title, thinking "nope, I'm not" then you are not alone either. The Pew Research Center Fact Tank released another News in Numbers, this time on social media use. Not everyone in advanced economies is using social media found higher usage in certain countries than others. Sweden, US, the Netherlands and Australia are top in social media use (about 70%) by country. But what about use by age? "The age gap on social media use between 18- to 34-year-olds and those ages 50 and older is significant in every country surveyed. For example, 88% of Polish millennials report using social networking sites, compared with only 17% of Poles ages 50 and older, a 71-percentage-point gap." With a 71% age gap in Poland taking the #1 place in the Pew brief, the U.S. was ranked last with only a 34% age gap in social media use.
Thursday, March 16, 2017
Last week Business Insider ran a story on IBM's plan to track elders. IBM wants to protect senior citizens by tracking nearly their every move explains that IBM has been spending a lot of time on a project to discover how to help boomers continue to be healthy and happy. "That research has zeroed in on outfitting boomers' living spaces with artificially-intelligent sensors that can measure things like air quality, sleep quality, movement patterns, falls, and changes in scent and sound." The data derived, according to the article, can help the kids and doctors "provide people with better care when needed. Critically, the sensors could detect when people deviate from a baseline to offer person-specific alerts."
IBM is ready for beta testing their projects and in fact, the article explains " IBM announced its partnership with Avamere, a senior health care services company. Over the next six months, IBM will use Avamere's assisted living facilities to perform research on prototype sensors... Across three different locations — nursing facilities, assisted living, and independent homes — the sensors will collect data on people's environment and behavior." This is not all that IBM is developing. IBM is also working with Rice University on a robot, known as MERA (or "the IBM Multi-Purpose Eldercare Robot Assistant (MERA), which the company has been testing at its "Aging in Place" lab in Austin, Texas....Sensors can detect when the stove's burners are on, or when a person has fallen down. Even in its prototype stage, MERA is equipped with cameras to read facial expressions, sensors to capture vital signs, and Watson-powered speech recognition to know when to call for help."
But what if mom doesn't want all this monitoring (is anyone besides me thinking about mom's privacy?)? IBM's response-the design will not be obvious and will be a gradual and "[I]f IBM's vision becomes reality, by the mid-21st century, millennials won't be guessing how their parents are faring. They'll have all the data they need, and seniors won't feel as if they're under anyone's care — even if the safety net is sitting right beneath them."
Hal, big brother really is watching!
Thanks to Tom Moran for sending me this article.
Monday, March 13, 2017
We don't know what the future holds for us, especially in our final years, but we can bet that we may be faced with some health care issues. Wouldn't it be great to have a guidebook for the final years? Well now you can. According to an article in Kaiser Health News, A Playbook For Managing Problems In The Last Chapter Of Your Life, there is "a unique website, www.planyourlifespan.org, which helps older adults plan for predictable problems during what Lindquist calls the “last quarter of life” — roughly, from age 75 on...“Many people plan for retirement,” the energetic physician explained in her office close to Lake Michigan. “They complete a will, assign powers of attorney, pick out a funeral home, and they think they’re done.”...What doesn’t get addressed is how older adults will continue living at home if health-related concerns compromise their independence." The focus isn't on end of life planning, according to the article, it's the time before. "Investigators wanted to know which events might make it difficult for people to remain at home. Seniors named five: being hospitalized, falling, developing dementia, having a spouse fall ill or die, and not being able to keep up their homes."
The result of the work is an interactive website that deals with issues such as falls, hospitalization, dementia, finances and conversations. The website offers that "Plan Your Lifespan will help you learn valuable information and provide you with an easy-to-use tool that you can fill in with your plans, make updates as needed, and easily share it with family and friends." Try it!
Tuesday, February 7, 2017
We've blogged on a number of occasions about the use of tech to provide services and support to elders, for various reasons. The American Society on Aging will have a series of sessions that deals with how tech is affecting, impacting, or facilitating aging at their annual Aging in America conference. Searching the sessions listings by the keyword "technology" brings up a significant number of sessions. An email I received highlighting the tech sessions included this list of sessions
- NEST CG Program: Co-design of Environments, Services and Technologies With an Aging Population
- Improving Health and Wellness of Seniors Using Wearable Technology
- Co-Designing Environments: The Way Forward
- On Participation: Co-Design of Services
- 21st Century Digital Communities: Technology that Supports Aging Needs
- An Innovative Model of Technology Strategies That Promote Aging in Place in Low-Income Housing Settings
- Building a Community-Based Sustainable Telehealth Intervention Program for Seniors
- Quantifying the Positive Effects of Music and Memory iPods and iPads for Dementia Care
- Policy to Practice: Assistive Technology and Aging
- Addressing Social Isolation Through Technology
- Gadgets or Godsends: How to Understand and Leverage Digital Technologies to Help Seniors
- Technology and a Multigenerational Staff
- The Impact of Senior-Friendly Websites
- Access: Innovative Mobility Options for Seniors
- Integrated eTechnology: Eldercare for the 21st Century
- Innovative Design Applications for Creating Living Environments for All Ages and Abilities
- ABCs of In-Home Technology for Post-Acute Patients
- Mobile Technology and Aging: How Seniors Are Keeping Up and Connecting
- New Technologies Supporting Creation and Sharing in Art Therapy With Older Adults
- Technology in the Life of the Caregiver
- Using Technology in Long-Term Care
- Medication Reconciliation Using a Mobile On-Demand Virtual Pharmacist
- Technology Solutions to Collect and Analyze Data Outside Hospital Walls
- Your Digital Mission: How Social Technology Can Advance Your Organization's Service
- Developing a One-Call, One-Click Transportation System
- Age-Friendly Efforts 2.0
- Technology for Social Change
If you are at the conference and attend any of these tech sessions, let us know.
Tuesday, January 31, 2017
The New York Times ran an article about the use of robots for elders. Seniors Welcome New, Battery-Powered Friends explains retirement communities are among the leaders of testing out new technologies. "Early adopters ... are on the front lines of testing new technologies that some experts say are set to upend a few of the constants of retirement. Eager not to be left behind, retirement communities are increasingly serving as testing grounds that vet winners and losers."
Here is something that I thought particularly interesting regarding technology development pointed out in this article. "Some technologists see the most promise in the social dimensions. For too long, technology has been chasing problems rather than trying to delight human beings, said Joseph Coughlin, director of the AgeLab at the Massachusetts Institute of Technology. “Where are the devices that help us learn and expand our horizons?” he said."
The article explores the advantages of robot companions with some of those designed specifically for neophytes of technology. For example, one company has developed a robot that requires little tech expertise to use, and the robot "is connected to Wi-Fi and operated remotely. In its next iteration, the company is working on training the robot to pick up objects... [The company's] robots will be offered by a consumer health firm ... to retirement communities and people aging in place. The yearly cost is about 20 percent of the cost, on average, of hiring full-time caregivers...." The article explores the role of elders in testing tech products and the value of the feedback that they give.
I love technology "stuff" and can't wait for the next new shiny thing. But, I am concerned if we begin to rely on technology solely as the means of providing caregiving. I can't wait to have my own personal robot, but will it give good hugs?
Thursday, January 19, 2017
Do you use social media? You aren't alone if you are. Pew Research released a new social media fact sheet that breaks down social media use, with 69% of Americans using social media at some time. But since this is an elderlawprof blog, I know you want to know more--specifically the percentage of older persons using social media. Wait no longer! 34% of those 65 and older used social media as of the time of the survey, with 64% of those age 50-64 using social media. But which social media are older persons using? That 50-64 age group has a significant presence on Facebook, 61%, compared to 36% of those 65 and older. Pinterest and LinkedIn came in close seconds for those 50-64 (24% and 21% respectively). LinkedIn was a distant second for those 65 and over. Another report from Pew breaks out usage by social media platforms.
Wednesday, November 2, 2016
Apple kicked off an event last week to unveil its latest lineup of MacBook Pros and other new offerings with a video showcasing the unique ways that people with disabilities use their products.
The brief clip shows individuals with physical and developmental disabilities using technology to overcome basic challenges — from speaking to learning, engaging with others and taking photographs.
Apple also unveiled its accessibility website, the landing page of which explains: "[t]he most powerful technology in the world is technology that everyone, including people with disabilities, can use. To work, create, communicate, stay in shape, and be entertained. So we don’t design products for some people or even most people. We design them for every single person." The page offers links to accessibility features for each Apple product.
This you have to see. Check it out!