Archive for September, 2010

Nursing Home Nightmares: Senior Citizen Abuse

When you make the choice to place your family members in the care of total strangers, you assume they’ll be treated with dignity. But that isn’t always the case. According to the National Center for Elder Abuse (NCEA), about 8,000 cases of elder abuse are reported in the state of Illinois each year, and those are only the reported incidents. It unclear how many other victims do not tell their families about the pain they endure because of fear, shame or guilt.

The Ugly Side of Caregiving

Though there are three general categories of elder abuse—domestic elder abuse institutional elder abuse, and self-neglect or self-abuse—institutional abuse is the one farthest from your control.

Institutional abuse is abuse that occurs in residential facilities for older persons (e.g., nursing homes, foster homes, group homes, board and care facilities), according to the NCEA. The abusers are usually persons with a legal or contractual obligation to provide elder victims with care and protection (e.g., paid caregivers, staff, and professionals).

Types of institutional abuse and their symptoms include:

· Physical abuse – bruises, pressure marks, broken bones, abrasions, and burns

· Sexual abuse – bruises around the breasts or genital area

· Emotional or psychological abuse – Withdrawal from normal activities and mild depression or odd behavioral changes; threatening or violent interaction with others

· Neglect – bedsores, unattended medical needs, poor hygiene, and drastic weight loss

· Financial or material exploitation – sudden fluctuations in money accounts or other material assets

· Self-neglect

· Abandonment

These problems aren’t a new phenomenon. Abuse, in this context, was formally defined in 1987, as part of an amendments package to the Older Americans Act, according to the NCEA. Unfortunately, the language of these amendments did nothing more than identify the problem. There was no way for abused victims or their families to seek reparations for the wrongs done to them. Lawmakers attempted to improve the situation in 1992, 2000 and 2006 via amendments to the Older Americans Act, but available statistics still indicate the problem is not being resolved.

Help on the Way

If you’ve recently become aware of a family member or family friend being abused, you don’t have to fight these institutions alone. After you’ve established the problem, don’t go sifting through the legalities of getting even by yourself. There is help available in your state, and it’s just a phone call away.

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What to Look for in an Electric Chair Lift

Deciding whether you need an electric chair lift is easy. Choosing the right one for your unique needs is, however, another thing. You might already have some idea what a chair lift is for. It is quite likely though that you may not exactly know which features to look for. Before you buy your own chair, consider which features are best for you.

Functions of Your Chair Lift

An electric chair designed to lift its occupants can contribute to the ease of movement of the elderly or those with medical conditions that impede movement. Patients and caregivers simply need to use a chair lift to facilitate getting up from a comfortable sitting position.

Of course, the first thing that you should look for in a lift is its ability to function well. This means your electric chair should be able to help you get up safely with no risk of injury. Your chair should also be sturdy enough to withstand everyday use. Look for construction features such as the kind of wood used and how it is attached to the chair structure. Consider too how many springs are used and what kind of material is used for the exterior. Functionality and durability are your top considerations.

Other Features

There are also other features of an electric chair lift that you need to consider. Chairs aren’t built for all sizes. You therefore need one that will fit both your height and weight. You might also be more comfortable being able to operate your chair from a specific side. Some chairs come with extra features like a massage function.

Another consideration would be the number of positions of your electric chair. This feature also determines how many motors your chair will have. A 2 position chair usually has one motor. Aside from lifting, it can also recline to a certain angle short of a full reclining position. In most cases, the footrest comes up when you make it recline.

An average electric chair would have 3 positions. This usually makes a full reclining position possible. It also has one motor and a footrest that works together with the recliner. Both 2 and 3 position recliners can be set at any angle that falls within the scope of its full angle reclining position.

If you want greater flexibility, you can also choose a two motor chair. This chair can be reclined fully or at any angle. Its reclining control and foot rest control can also be operated separately.

Guarantees

When it comes to electric wheel chairs, there are many brands to choose from. Before you pick your chair, do some comparison shopping online. Compare sites, brand prices, product features and extra client benefits so you get only the best deal possible.

Select brands that are already known and established. Aside from getting a very sturdy chair, you are also assured of having real warranties and prompt customer support.

Electric wheelchairs and electric chair lifts can be life-changing. It is important though that you only get the best there is. Be a wise and careful electric chair shopper.

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There is no doubt that having a stair lift in your home can dramatically improve your quality of life. If you are starting to find that climbing the stairs is becoming a hazardous experience, or just hard work, then a stair lift could be the answer. Another solution could be to move to a single storey residence. However, this can be expensive and stressful, and many people are reluctant to leave a house that they have spent many years turning into a home.

Once you start considering the possibility of having a stair lift, you begin to delve into what can be a highly technical area. However sure you are of what you want, I strongly recommend that you take professional advice from someone with experience in this field. In most areas, informed advice is available from community occupational therapists (OT’s). You will also need to make contact with a company who specialises in installing stair lifts. I would advise that you contact at least 3 companies because there can be a huge difference in price and quality. Unfortunately, as the populations average age increases, more and more unscrupulous traders have entered the market and you need to make sure that you are not being ripped off.

If possible visit a demonstration centre and try a stair lift yourself. A stair lift is not the answer for everyone. For example, if you are confined to a wheelchair, then a lift that goes through the floor would probably be the best option.

The technology involved in stair lifts has improved dramatically in recent years. A stair lift can be installed on 99% of stair cases these days. But remember, not all stair lift companies are equal, some are using technology that is several years old. My advice is to research as many products as you can and to get as many quotations as you can. Knowledge is power after all, and with a few sensible precautions before purchase, you can ensure that you buy the right lift for your needs for the right price.

Remember : Always get more than one quote and make sure that the products are ‘like for like’

Try a manufacturer and a local supplier to get a price comparison.

Ask your local authority or Occupational Therapist who they prefer to use.

If possible have another family member or an O/T present.

Ask about maintenance costs, will they still look after your lift even if you don’t sign up to an expensive contract? A reputable company will service your lift regardless.

Are the company approved suppliers? If not, they will struggle to obtain spare parts and their engineers will not be trained by the manufacturer.

An independent supplier can tell you about a range of different stair lifts without bias to one manufacturer.

Exercise caution if the salesman is pushing you to buy that day.Many salesmen start with a high price and discount to close a sale. A reputable company will quote the best price from the start.

If possible try a lift out in a Disabled Living Centre showroom. A stair lift is not suitable for everyone.

Do as much research as possible, there are many companies in this industry who sell at highly inflated prices.

Christian Dunnage is a director of Dolphin Mobility Ltd, a UK based independent supplier of stair lifts and mobility products http://www.dolphinlifts.co.uk and author of http://www.stairlift.co.uk an impartial online guide to having a stair lift in your home.

Stair Lift Buying Guide

Dangers of Do-It-Yourself Wills and Living Trusts

Estate planning is an essential part of life and death.  In planning for our future and our family’s future, we must take stock of who we are, what our goals are, and how we want our estate distributed.  With the easy availability of do-it-yourself Wills and Living Trusts, it can be all too tempting to take care of your estate planning needs yourself, rather than pay what may seem like high fees to an estate planning attorney.

You can easily go on the internet or the local office supply store, gather the necessary forms and information, spend a little of your time, and, presto, you have a Will or Living Trust. However, it is very easy to overlook important legal and technical planning points that can cause the estate or your beneficiaries to pay unnecessary taxes, high fees to attorneys or probate court, or can cause assets to be distributed to the wrong people at the wrong time.

What may seem like a great deal could cost your estate and your beneficiaries tens of thousands of dollars (or more) in the long-run. All too often it’s not just about the money… there is frequently added anguish that family members have to endure in dealing with details you thought you looked after.

In a case settled in 2005, a successful Washington businessman wrote his own Will assuming his assets would be free of estate tax.  However, due to the language he used, the IRS interpreted the law differently and claimed all the assets he passed to his wife were subject to 0,000 in estate tax plus 0,000 in back interest.  His family went to court and eventually won, but only after nearly ten years of costly litigation and years of turmoil.

One of the biggest problems with do-it-yourself software packages and forms is the lack of personal advice. Although this software may be able to walk you step-by-step through a form, it can never provide the advice that comes from an experienced estate planning attorney.

Experienced estate planning attorneys do not create a boilerplate Will or Trust. Instead, they can help you create a customized, individualized estate plan based on an in-depth discussion about your current financial situation, your future plans, and your intentions once you pass away.  In fact, many of the software packages and other do-it-yourself resources have a strong disclaimer that says they are not a substitute for legal advice and to consult an attorney for help in understanding how the law may apply to your particular situation.

A comprehensive and effective Will or Trust is based on asking all the right questions and taking your individual needs into account, something no software or form can do.  How can you even know if you need a Will or Trust? There are substantial differences in those two tools and oftentimes a Will and a Trust need accompanying documents to make the plan work exactly as you’d like for it to.

When is a Do-It-Yourself Estate Plan Insufficient?

We could easily argue, “Always!”  But let’s be more specific. Do-it-yourself kits cannot adequately cover your needs if, for example:

You own property You own a share in a small business You wish to disinherit your spouse or child You wish to leave money to your grandchildren but not your children You are married and you and/or your spouse have children from a previous marriage You wish to arrange long-term care for a disabled beneficiary You have minor children You have investments, including an IRA or 401(k) You’re worried about young or irresponsible beneficiaries making foolish financial decisions with their inheritance You have a potentially taxable estate, over million per individual You would like to include creditor or divorce protection for your beneficiaries You share property with someone who is not your husband, wife, or legal partner You fear a challenge to your Will

What can happen in situations like those listed above?  In one instance, a stepmother used software to leave everything to her “children.”  Unfortunately, the state law said she didn’t have any children because she had never legally adopted her stepchildren.  As a result, it cost them more than 0,000 in legal fees to claim their inheritance.

In another case, a grandfather used software he purchased to name his grandchildren as heirs instead of his children. Skipping a generation allowed the IRS to tax his assets twice, and the grandchildren only received 20% of a 0 million estate.  He thought he was being tricky but the IRS has a lot of tricks up its sleeve – even for smaller estates.

It’s All in the Execution

Even a simple estate plan can run into trouble if all the rules aren’t followed.  For example, a Will or Trust is not considered valid unless it has been properly executed according to state law.  Some states require two witnesses for a Will. Others require three witnesses, all of whom must be present at the time the Will is signed.  And if one of those witnesses is also a beneficiary (like, for example, your spouse), that witness could be disqualified from receiving any assets distributed by your Will or Trust.

Some states allow a holographic Will, which is a Will you write entirely by hand.  Although normally a Will must be signed by witnesses attesting to the validity of the testator’s signature and intent, in many jurisdictions, unwitnessed holographic Wills are treated as valid and need only to meet minimal requirements in order to be probated.

Even if properly executed, a do-it-yourself Will may also take longer to probate because the judge may question the process used in the drafting and execution of the Will, requiring witnesses to appear in court to attest to the validity of the Will.

The Will or Trust you receive from an experienced estate planning attorney will be properly executed according to precise jurisdictional guidelines.

Do-It-Yourself Kits Cannot Create Comprehensive Estate Plans

Do you consider yourself to be “run-of-the-mill” or “boilerplate”?  No one else does, either.  One of the many pitfalls of do-it-yourself estate planning is that it is a one-size fits all approach.  Although they may provide some information and some amount of guidance, the Will or Trust cannot be tailored to your individual needs, goals, or concerns.  Almost everyone has a condition or situation that requires a unique combination of estate planning tools.

Tax planning is especially complicated.  Most people don’t know how much money they can pass, or eventually will pass, without paying taxes.  Here’s a relatively simple example:  Say that in 2009, you have more than million in assets. If you simply leave your assets to your spouse, only the first .5 million in assets is tax-exempt. The remaining .5 million would be taxed at a 45% rate, or ,575,000.  A tried and true strategy often used in those cases is to create a Family Trust to provide for your spouse and children and preserve applicable exclusions (the amount of assets that the first spouse to die can pass tax-free).

It can get even more complicated.  A Family Trust can also provide protection from an additional layer of tax if you make bequests to grandchildren.  Plus, there are complex rules regarding property you give away over your lifetime.  Do-it-yourself kits are simply not designed to cover all possible financial and taxation situations.

Blended family situations can also create difficulties. If you have children who are not adopted, using the language, “…to my children…,” in a bequest may result in those children being left out of your estate unless they are specifically named; and, in some cases, a contest between your children over who should be included which, of course, creates great family disharmony.

But Wait, There is More…

Also keep in mind that IRA, 401(k), and life insurance designations can create further complications.  If your Will bequeaths an IRA to a child but your spouse is the beneficiary, the IRA will pass to the spouse regardless of the intentions expressed in the Will.  Effective estate planning is a comprehensive and thorough process.  Errors or ineffective planning, incurred now by the use of do-it-yourself kits, could cost your heirs tens of thousands of dollars when you are gone.

An experienced estate planning attorney will do more than help you properly structure your estate plan to limit the impact of taxes and disputes, and pass on your assets.  They will not only draft your Will, but also critical estate planning documents such as a Revocable Living Trust, Durable Power of Attorney, Health Care Power of Attorney, a Living Will, and HIPAA Release creating an effective and comprehensive estate plan.

And When Things Change …

One of the biggest mistakes do-it-yourselfers make is that they don’t keep their estate plan current.  They fail to realize that creating an estate plan is just the first step in the estate planning process. You will want to review your plan periodically to make sure it accurately reflects your current goals and requirements.  Chances are your personal and financial situation will change as years go by.

A do-it-yourself kit cannot periodically review and update your plan in case of:

Marriage Divorce Birth or adoption of children Illness or incapacitation Changes in your intentions Changes in tax or non-tax laws Inheritance Change in assets Change in residence Death of family member

Even a recently established estate plan may require revision if major life or financial changes occur. And if your personal situation hasn’t changed, changes in federal or state laws can still affect your plan, which may cost you thousands of dollars by not taking advantage of new regulations.

Where There’s a Great Will… There’s a Great Way

If you don’t have a Will or a Trust, your state of residence has prepared a plan for you. The distribution of your assets will be based on the state’s intestacy laws.  While having an estate plan can be better than having no estate plan at all, your plan should precisely express your intentions.  Your estate plan should carry out your wishes precisely as you intend.  An effective estate plan will provide financial stability to your spouse, children, or other beneficiaries, protect your assets for future generations, ensure your wishes are carried out, and protect the privacy of your loved ones.

Related Living Trusts Articles

Are You at Risk for Getting Alzheimer’s Disease?

Introduction

Alzheimer’s disease is a progressive condition that damages
areas of the brain involved in intelligence, memory, behavior,
judgment, and language. It is the most common form of mental
decline in older adults. Alzheimer’s gets worse over time, but
the course of the disease varies from person to person. Some
people may still be able to function relatively well until late
stages of Alzheimers disease. Others may lose the ability to do
daily activities in earlier stages. Over time, Alzheimer’s
disease causes severe mental and functional problems and
eventually results in death.

Causes

Scientists do not yet fully understand the causes of Alzheimer’s
disease. There probably is not one single cause, but several
factors that affect each person differently.

Recent studies indicate that amyloid beta protein may cause
Alzheimer’s disease. In healthy people, this protein can cross
the blood-brain barrier (the wall of blood vessels that feed the
brain and regulate the entry and exit of brain chemicals) and
leave the brain. In people with Alzheimers disease, amyloid beta
protein can’t pass through that barrier. As more amyloid beta
protein accumulates in a person’s brain, they become more and
more mentally disabled.

Research has recently revealed that consumption of sugar could
be one of the biggest threats to our overall health – especially
when it comes to age related diseases such as Alzheimer’s. One
of the major problems stemming from sugar over-consumption is a
chemical process called glycation. Glycation refers to the
combination of a sugar and a protein molecule and occurs in your
body when glucose in your blood combines with the amino acids
tryptophan, lysine or arginine. This reaction releases
byproducts called Advanced Glycation Endproducts (appropriately
given the acronym AGE).

The formation of AGEs is accelerated when you have lower levels
of antioxidants in your system and when your kidneys are weak or
malfunctioning. The formation is also accelerated when blood
sugar levels are high. Researchers now believe that glycation
and the formation of AGEs lie at the heart of the alteration of
proteins in the brain that cause Alzheimer’s disease.

Risk Factors

Age is the most important known risk factor for Alzheimer’s
disease. The number of people with the disease doubles every 5
years beyond age 65.

Blood sugar problems that cause excess glucose in the blood,
such as diabetes, has now been added to the list of risk factors
for Alzheimer’s, given the role of glycation.

Family history is another risk factor, depending on the type of
Alzheimer’s . Familial Alzheimer’s Disease, a rare form of
Alzheimer’s that usually occurs between the ages of 30 and 60,
is inherited – so family history is a big risk factor. The more
common form of Alzheimers disease is known as late-onset
Alzheimer’s. It occurs later in life, and no obvious inheritance
pattern is seen.

Relationship to Aluminum

Since 1965, researchers have suspected that Alzheimers disease
is related to accumulations of aluminum in the brain. A
relationship between aluminum in drinking water and Alzheimer’s
has now been established. Additionally, a study looked at the
association of Alzheimer’s and lifetime exposure to aluminum in
antiperspirants and antacids. Scientists found a direct
correlation. The more antiperspirant that was used, the more
likely the person would develop Alzheimers disease. The same
held true for aluminum antacids. It is hard to deny that
environmental exposure to aluminum is at least related to
Alzheimer’s.

Symptoms and Cures

Alzheimer’s disease is a progressive disease for which there is
no known cure. However, various therapies and treatments can
slow the progression of Alzheimer’s. Therefore, it is important
to know the warning signs for each stage of Alzheimer’s and detect the condition
early. If caught early alpha lipoic acid and other Alzheimer’s
treatments can be used to slow (and possibly stop) the
progression of the disease.

More Alzheimers Disease Articles

Official Program Name: New York Non Emergency Transportation Program 1915 b
State: New York
Waiver Authority: 1915(b)
Date Originally Approved: 01/17/1996
Medicaid Waivers and Demonstrations List

Learn About Stair Lift Systems

Be Aware That Nursing Home Abuse Does Exist

In our country, we have set aside a day in June (June 15) called “Elder Abuse Awareness Day”. This day is intended to raise awareness of abuse towards our older adult and is recognized by health care professionals, support groups and organizations all around the world, not just in our country. According to the National Center on Elder Abuse (NCEA), elder abuse is the term used to define any “knowing, intentional, or negligent act by a caregiver or any other person that causes harm to a vulnerable adult.”

According to statistics, most of the abuse against our senior citizens takes place in nursing facilities, retirement homes and hospitals across the nation. Sadly, abuse of an elderly person’s finances is the most common form of abuse. The other forms are: physical abuse, sexual abuse, neglect and abandonment.

Physical Abuse

Physical abuse is the use of physical force that results in bodily injury, physical pain or impairment. Acts of abuse against the elderly may include striking with a hand, beating, pushing, shaking, kicking and burning. Force-feeding is another tragic form of abuse that our elderly suffer every day. Signs of physical abuse include:

· Bruises

· Burns

· Broken bones

· Abrasions

· Open wounds or cuts

· Torn clothing

· Sudden changes in behavior

· Sores

Sexual Abuse

Unbelievably so, sexual abuse does occur in the very place we put our elderly loved ones to be cared for. Sexual abuse is considered non-consensual contact and can include unwanted touching, rape, sodomy and unwanted sexually explicit photographing. Signs of sexual abuse include:

· Bruises around breast area

· Bruises around genital area

· Bleeding from vagina

· Bleeding from anus

· Torn or blood undergarments

Emotional Abuse

Emotional abuse involves the infliction of pain or intimidation on the elderly. Signs that your loved one is being emotionally abused include:

· Being upset, agitated

· Mood swings

· Appearing fearful

· Avoiding social contact with others

· Unusual behavior

Neglect

· Malnutrition

· Dehydration

· Bed sores

· Poor hygiene

· Untreated health problems

· Unsanitary living conditions

Abandonment

Sometimes the elderly are simply deserted by individuals who are supposed to be taking care of him or her. The elderly are often left at hospitals or public places, such as shopping center, churches or parks.

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Alzheimers: the Facts

Someone in your family has Alzheimers disease, and you have been gathering info on Alzheimers disease to try to help you make decisions about what to do next, but everything you find is so scientific and complicated. What can you tell your kids to make them understand why their grandfather or uncle does not recognize them anymore? The info on Alzheimers disease below is aimed at children and families, so read it together.

Alzheimers: What Is It?

Alzheimers disease is a form of a mental disorder known as dementia. Dementia is a brain disorder that seriously hampers the brains ability to process rational or normal thought and inhibits the daily activities of its sufferers because of this. Alzheimers disease, therefore, affects the part of the brain that is responsible for thought, memory, and language.

Alzheimers disease is one of the leading causes of death in America. The German physician Alois Alzheimer first identified this disorder in 1907. This disorder is a serious illness that affects the memory ability of the brain, capability of learning, making rational decisions and capacity to function routinely.

Alzheimers disease robs millions of people each year of their memories, their personalities, and the ability to complete daily activities. For the longest time, it was believed that nothing could be done to prevent this awful disease; that it was simply something that people had to look forward to when they reached their golden years. However, new research indicates that there is a number of ways to prevent Alzheimers disease.

The hallmark sign of Alzheimers disease is the loss of memory. Generally, those 65 years of age or older, begin to concern themselves with this disease at the first episodes of forgetfulness. Although forgetfulness is a sign of Alzheimers disease, it is important to note that there are other signals that may herald the onset of this malady. Therefore, being knowledgeable about Alzheimers, through exhibited signs, and is paramount for our loved one’s health as well as our own.

Dealing With Alzheimers

Hearing the news that a family member has received an Alzheimers diagnosis can be an emotionally devastating moment in anyones life. However, before the Alzheimers diagnosis can be given to the patient and their family, the patient must undergo a variety of laboratory tests, such as medical assessments and laboratory measurements. There is no single test existing that will categorically give the Alzheimers diagnosis.

With this proactive stance, diagnosticians have been able to devise a set of Alzheimers disease testing tools that can detect symptoms of Alzheimers disease in its earlier stages. As of yet, there is no single diagnostic test that is able to determine if a person has Alzheimers disease, but the battery of testing that is available makes it possible for physicians to diagnose it with about 90 percent accuracy. Alzheimers disease testing can take anywhere from one day to several weeks to ensure accuracy and proper diagnosis.

An Alzheimers test is important to ensure that the person is not just going through the usual memory loss associated with age; however, sometimes an Alzheimers test is not necessary. Alzheimers disease doesn’t just affect a persons memory; it can make people see things that aren’t there, and even send them into screaming fits. If you think a loved one is starting to become senile or experience other symptoms of dementia, you may want that person to undergo Alzheimers testing. Unfortunately, there is currently no definitive test for Alzheimers disease that a person can undergo. The only way doctors diagnose Alzheimers with 100% certainty is through physical examination of the brain after the person has passed away. Rather than Alzheimers testing, what you want to look for is some type of psychological and behavioral screening coupled with extensive tests to rule out other types of dementia.

Living With Alzheimers

Living with Alzheimers can be a crippling experience for both the disease sufferer and the family that is involved. There are many moments of misunderstanding or confusion for most and the symptoms can become frustrating and difficult. The loss of memory and other associated factors can often cause immense separation in families and can create a nervous tension on relationships that is not necessary if suitable information is available and utilized by all parties involved.

Finding in-house Alzheimers help should not be an emotionally laden issue for the entire family. Tackling this need in an organized way, from evaluating to planning, is the key to making in-house Alzheimers help feasible. First, you should sit down and evaluate the needs of the family caregiver and the patient. From there, creating a job list and a set of guidelines becomes easy to make and follow.

Caring for someone with Alzheimers can be a daunting task. You will need all of the support you can get, along with the latest and most significant Alzheimers info and research. It is a confusing time, and the more you know, the more confident you will feel in your ability to give your loved one the best possible care and support. It is also important to build a support network that will help you to avoid the common problems associated with caretaker burnout.

Find More Alzheimers Disease Articles

Twelve scientific teams in more than a dozen states will receive National Institutes
of Health grants to study effective ways to prevent and treat HIV/AIDS among
people in the criminal justice system. The grants, announced today, will
be awarded primarily by the National Institute on Drug Abuse (NIDA), with
additional support from the National Institute of Mental Health (NIMH) and
the National Institute of Allergy and Infectious Diseases (NIAID), all components
of NIH. The research will take place over a five-year period.
National Institutes of Health (NIH) News Releases