Yesterday, I ran my fifth marathon. Or walked it. Or ran and walked it, anyway. The important thing was, I didn't stop, and I didn't quit. I'll have more details to share soon, but for now, I wanted to springboard into the blog post today with this song... Runnin Down a Dream Tom Petty It was a beautiful day, the sun beat down I had the radio on, I was drivin' Trees flew by, me and Del were singin' little Runaway I was flyin' Yeah runnin' down a dream That never would come to me Workin' on a mystery, goin' wherever it leads Runnin' down a dream I felt so good like anything was possible I hit cruise control and rubbed my eyes The last three days the rain was un-stoppable It was always cold, no sunshine Yeah runnin' down a dream That never would come to me Workin' on a mystery, goin' wherever it leads Runnin' down a dream I rolled on as the sky grew dark I put the pedal down to make some time There's something good waitin' down this road I'm pickin' up whatever's mine Yeah runnin' down a dream That never would come to me Workin' on a mystery, goin' wherever it leads Runnin' down a dream Songwriters: JEFF LYNNE, MICHAEL CAMPBELL, TOM PETTY Runnin' Down A Dream lyrics © Sony/ATV Music Publishing LLC, Warner/Chappell Music, Inc., Gone Gator Music There is that part of the song that goes: There's something good waitin' down this road / I'm pickin' up whatever's mine / Yeah runnin' down a dream / That never would come to me.
Think about that! I know I did yesterday! We need to all know that we must keep going down the road, becuase there is something good waiting down the road, and that dream is not going to come to you--you have to GO TO IT. (Or "run it down" as the song details). The past 3 months has been VERY interesting here. I have met many people and have had many exciting and rewarding experiences while starting up this law firm. It has been a dream of mine for quite some time to have my own firm for quite some time. Be my own boss. Do my own thing. And here we are. I'm going to keep running, or at least walking, but I need some help. I need some clients, and soon. I'm ready to help you run down your dreams--give me a call.
0 Comments
This has been a pretty exhausting series to write. You have probably guessed, I think people who abuse the elderly have a special place saved in hell just for them. Not to be blunt, right...
Thanks for reading the series this week. Comments have been interesting to read. If I have helped one person gain a better understanding of elder abuse issues and prevent one person from being abused, then I consider this a good way to have spent my time. Imagine what we could all do if we all did one thing to help an elderly friend or family member avoid abuse. With all that said, here are some good resources in this subject matter. National Resources:AARP Policy and Research http://www.aarp.org/research/ Administration for Community Living https://www.acl.gov/ Ageless Alliance http://www.agelessalliance.org/index.php Alzheimer's Association http://www.alz.org/index.asp American Bar Association Commission on Law and Aging http://www.americanbar.org/groups/law_aging.html American Psychological Association Elder Abuse and Neglect http://www.apa.org/pi/aging/resources/guides/elder-abuse.aspx Center of Excellence on Elder Abuse and Neglect University of California, Irvine-School of Medicine http://www.centeronelderabuse.org/ Centers for Disease Control and Prevention-Elder Maltreatment http://www.cdc.gov/ViolencePrevention/eldermaltreatment/index.html Consumer Financial Protection Bureau http://www.consumerfinance.gov/older-americans/ Elder Justice Coalition http://www.elderjusticecoalition.com/ Elder Justice Initiative http://www.usa.gov/federal-agencies/elder-justice-initiative Medicare http://www.medicare.gov/ National Adult Protective Services Association http://www.napsa-now.org/ National Association of States United for Aging and Disabilities http://www.nasuad.org/ National Clearinghouse on Abuse in Later Life http://www.ncall.us/ National Committee for the Prevention of Elder Abuse http://www.preventelderabuse.org/ National Council for Aging Care http://www.aginginplace.org/guide-to-recognizing-elder-abuse/ National Long-Term Care Ombudsman Resource Center http://www.ltcombudsman.org/ Office for Victims of Crime http://www.ojp.usdoj.gov/ovc/about/index.html Office on Violence Against Women http://www.ovw.usdoj.gov/ Virginia Resources:Greater Augusta Coalition Against Adult Abuse http://gacaaa.com/ Office of the Attorney General, Elder Abuse & Neglect Squad https://www.oag.state.va.us/index.php/programs-initiatives/medicaid-fraud?id=177 Virginia Department for Aging and Rehabilitative Services http://www.vadrs.org/ Virginia Division for the Aging http://www.vda.virginia.gov/ Virginia Association of Area Agencies on Aging http://vaaaa.org/ VirginiaNavigator http://www.virginianavigator.org/ Like I said yesterday, I wanted to talk about financial abuse of elders in a separate blog post. I feel like there is more for someone like me (a lawyer) to write about on this topic than under the aegis of any other form of abuse.
I'm not even going to delve into how bad the issue of financial abuse is: suffice it to say IT IS BAD. People are losing their life savings in scams foisted upon them by spam email and spam phone calls from all over the world. People are being swindled out of their homes, literally, by those who are supposed to be acting in the senior's fiduciary interests. Financial abuse of the elderly is not limited to any socio-economic group. What can a lawyer do to help you or a senior loved one avoid elder financial abuse? Again, to me, its all about hardening the target. Step one: Everyone needs a will, a financial power of attorney, and a medical power of attorney. Check with your lawyer or talk to us and we can help you get these foundational documents. These documents form the base safeguard "wall" around your assets and the decision making ability of the person who has the particular document in effect. The will tells everyone that you have a plan for things, and canfi help deter "issues" like people fighting over a senior's possessions. It can help deter fraudsters. The powers of attorney prevent fraud too, by helping to stop unauthorized folks from claiming authority over an elderly person that they do not have. The whole world knows that XYZ has the POA of a person, and therefore, ABC cannot come in and claim they have that same power. Step two: Beyond estate planning, think about document and other physical asset security. Can a senior's bank account be made "limited access" so that there are no outside forces that can access the funds? Are all the computer assets of the senior secure: we often think that security takes care of itself--if your grandmother likes to do facebook on the wifi at the local coffeeshop, is her phone/laptop protected with a VPN and screen password? Does anyone have a list of the "shutdown numbers" for all the senior's credit cards and banks, so if the senior loses their pocketbook, and calls in a panic, that all 14 of the department stores and banks and other credit card companies can be made to put out a fraud alert? The list here is almost endless. We take very good care of our financial documents, and digital resources, but what is the elderly neighbor of yours doing to help prevent fraud from occurring on him? Give them a hand! Step three: Check with the experts. When was the last time the senior talked to their CPA? Did their taxes? Talked to their financial advisor? Who ARE their CPA, financial advisor (for that matter, who is their lawyer?!) If you happen to by the POA for someone, and the POA provisions have not been "activated" yet, you still might want to have a sit-down with the person who you're the POA for, and their financial services providers. Couldn't hurt to know that they haven't done their taxes in 7 years, or that they are using a financial advisor that has their assets in investments that make no sense. Something to think about. Here's a final thought on this. Make sure that the senior understands that there is no shame or embarrassment necessary during this whole process. Sometimes people are afraid to talk about bad things that happened to them in the past--which leads to other bad things happening to them in the future. Financial fraud on the elderly is very preventable. Lets be open and honest with each other and talk about these things, so they stop happening to some of our most vulnerable. Certainly yesterday's blog post was informative, but reactive. Lets try to get proactive here with this issue. Today, I will talk a bit about target hardening and how it can help prevent elder abuse. What the heck is target hardening? From Wikipedia... Target hardening, also referred to simply as hardening when made clear by the context, is a term used by police officers, those working in security, and the military referring to the strengthening of the security of a building or installation in order to protect it in the event of attack or reduce the risk of theft.[1][2] It is believed that a "strong, visible defense will deter or delay an attack".[3] In terms of business and home security, target hardening[4] is one of the suite of protective measures that are included in crime prevention through environmental design[5]. This can include ensuring all doors and windows are sourced and fitted in such a way that they can resist forcible and surreptitious intruder attack, adding hard barriers and landscapes that resist vehicle and pedestrian intrusion, adding fences, walls and hostile planting[6]. Well, lets think about our seniors/elderly as targets for abuse. We remember that we are trying to prevent some kind of neglect or physical, mental or financial abuse. How could we utilize the practice of "target hardening" to make the senior/elderly person a "harder thing to target?" Here are some ideas (obviously, these are my thoughts only, I am not a health care professional, etc.).
Anything elderly or seniors can do to harden themselves as a target will certainly be beneficial in preventing these abuse issues. We all should probably do more to help them prevent themselves from being abused, right?
So how bad is this problem? What is the scope of elder abuse in the United States today? Yesterday we covered Virginia... It was bad enough here. National statistics are probably pretty shocking. To be honest, I stopped looking after I typed in "worst case of elder abuse" on Google and hit the search button. The search turned up over 8 MILLION records. Some of the news reports and video stories were horrific. I had to stop myself from watching after the first few.
Really, we know its a bad situation, and with over 10,000 people per day in the US turning 65, and the population of elderly people in this country higher than ever before, we don't have to waste our time finding examples that will illustrate the severity of the situation. What we need to do is concentrate on fighting the scourge! The next few posts will elaborate on this theme--how we can band together to help prevent these situations from ever occurring in the first place. Some thoughts on who can help: Regular people can call their elderly neighbors and take them shopping and just chat about whats going on it their lives. Lawyers can help make sure the elderly in the community have all appropriate legal protection documents in place to help shield them from hucksters. Financial planners can counsel elderly through any means available that there are people out there trying to prey on their vulnerabilities, and counsel the elderly on how to avoid these people. Technologically sophisticated folks can help older people put security measures in place on their home tech systems. Healthcare people can recognize the signs of abuse, both mental and physical, and counsel clients on what to do if it is detected. Basically, this is a call for everyone to band together and take small steps to solve this huge problem. More tomorrow. Taking a break from the song lyrics and such for a week. I wanted to discuss elder abuse this week in a 5-day series of blog posts. I will be providing some dimensions on the problem in Virginia (and the USA), and then, over the course of the week, sharing some thoughts on what we (readers of this blog) can do to ameliorate some of the causes of this abuse. I'll also talk a bit about some resources that people can use to get help if they (or a loved one or elderly friend) have been abused. I WANT TO WARN YOU... This is not a topic for the fainthearted. Please note that there will be discussions of a sensitive nature in here. And also note, I will be moderating the responses. Keep things respectful and all that... Ok. We all know that people of all ages can be abused or neglected. This is not to minimize that issue. But I wanted to shine the light on elder abuse because my business, in part, is in dealing with prevention and/or the aftereffects of elder abuse and neglect. I am a lawyer, but I also have a huge heart, and a spot in it for the elderly among us. I always have respected the elderly and have tried to show that every day in all my interactions. Imagine my shock, then, as I matriculated through law school, and learned the true dimensions of the problem of elder abuse in Virginia. A recent article in the Virginian-Pilot by Mr. Dave Ress provided some sobering insight into the crisis in Virginia. Link here. Article text cut and pasted below. More older and disabled Virginians are suffering abuse or neglect Abuse and neglect of elderly and disabled Virginians rose again last year, the state’s Department for Aging and Rehabilitative Services reported Tuesday. Proven cases rose 9 percent during fiscal year 2018, with some 11,924 Virginians suffering some kind of neglect or physical, mental or financial abuse. Cases were up 12 percent in fiscal 2017. But the problem is probably much worse, said Del. Mike Mullin, D-Newport News, who successfully pushed the General Assembly to tighten Virginia’s law on adult abuse. “Elder abuse, like sexual abuse, is one of the least reported crimes,” said Mullin, a former prosecutor who specialized in domestic abuse and juvenile cases. “It’s always somebody else’s problem, so it becomes nobody’s problem,” he said. Mullin said he’s worried Virginia’s patchwork approach to social services leaves too many people to fall through the cracks. “It’s not always easy to ferret out what’s going on,” he said. “Social workers are overworked with huge caseloads.” He said the Peninsula’s new multi-disciplinary team on adult abuse, which brings together social workers, police, prosecutors, financial experts and doctors to dig into difficult cases, is an approach that could help statewide. “These issues aren’t easy to fix; it’s not something we’re going to solve with a a bill, we’re not going to solve it with just another $1 million,” said state Sen. Monty Mason, D-Williamsburg. He said Virginia needs to take a serious look at what services the elderly and disabled get — especially since the largest number of cases that involve adult protective services are those of self-neglect. He said one good sign, suggesting that Virginians are more aware of the issue, is the department’s report that allegations of abuse rose even faster than substantiated cases. “We believe the growth in reports suggest that people recognize signs of adult abuse and are increasingly willing to speak out over concerns about the welfare of a family member, neighbor or friend,” Paige McCleary, director of the department’s Adult Protective Services Division, said in a statement. Of the substantiated cases, social workers found more than 7,100 involved self-neglect, while another nearly 2,500 involved neglect by others. Nearly 800 involved physical abuse and more than 700 involved mental abuse. Cases of financial exploitation jumped by 26 percent compared to the year before, to more than 1,750. Cases of sexual abuse jumped by 41 percent, to 89. *** Jeff here again... Did you see the numbers in this table? Adult abuse Here's a look at total complaints of abuse or neglect of elderly and disabled adults in Hampton Roads last year (2018). Generally, about half are substantiated. Locality — # of reports Chesapeake — 1,387 Hampton — 302 Newport News — 758 Norfolk — 1,338 Portsmouth — 219 Suffolk — 446 Virginia Beach — 1,790 Tomorrow, we will talk more about this important issue.
I'll try something new... If this article applies to you (you have no will), please comment as to why not? Curious.
ARTICLE This is all from an article on a www.care.com email blast. No author was identified.
The Complete Guide to Aging in Place: The dos and don'ts for aging at home safely and comfortably Evaluate: Assessing a senior’s needsIt’s easy to understand why most people would want to remain living in their own home, even as they move into old age. Your home is your space — where you feel most comfortable. But for some, aging in place may require added assistance around the house, and eventually living at home may no longer be an option due to excessive care needs. How do you know when extra help is needed around the house or when moving to a senior living facility should be discussed? Start by taking note of the following areas and asking these questions about your loved one: Home layout and conditions. Is the home safe and free of repairs? Do they have to navigate stairs inside or outside the home?
Safety & tech: Modifying a home Continuing to live at home through old age is easier than ever before, thanks to advancements in technology. Whether family caregivers want to connect with their loved one over video chat, schedule medication reminders or monitor for falls, there’s now an app or device for that. Apps are also a great place to start to check in on a senior’s nutrition and fitness. Eating healthy and staying active may look different as someone ages — as they require smaller portion sizes and less activity than a child or middle-aged adult likely would — but proper eating and movement are still vital to overall wellness at any age. For seniors who want to continue to live at home, some level of modifications around the home are likely necessary, even if they are just minor adjustments to start. To determine what might need to be changed, start with an assessment of any fall hazards or things that might no longer be easy to access. Consider hiring a professional such as an occupational therapist to do a thorough walk-through of a senior’s home and make recommendations for modifications. Check these areas where injuries commonly occur for hazards:
Transportation: Ensure driving safety or alternativesLike staying in your own home, driving is a means of independence and autonomy. But there may come a time when driving becomes too dangerous due to declining health. Taking medications with strong side effects or having a health condition such as dementia or severe arthritis may be cause to check a senior’s driving. If you can, go for a ride with them, and at a minimum, keep an eye out for any unexplained scratches or dents on the car. No one wants to be the bearer or enforcer of bad news, but it may be necessary in these instances. If that’s the case, there are ways to go about having a conversation about giving up the car keys to make it as easy as possible on everyone. Experts suggest planning ahead to choose the best person and time for the conversation, as well as using specific examples of times when you were concerned about your loved one behind the wheel. Additionally, make sure to offer various alternatives for getting around. Common options include:
National Healthcare Decisions Day
National Healthcare Decisions Day (NHDD) is right around the corner! NHDD is an initiative to encourage people to express their wishes regarding healthcare and for providers and facilities to respect those wishes, whatever they may be. It's important to understand that NHDD is not only about end-of-life care but is meant to reach a much broader spectrum of individuals so that every individual may have their healthcare wishes met. Interested in joining the movement? Visit the NHDD blog page to get inspired, listen to TCP's most recent community call where we discussed how individuals have participated in NHDD in the past and click here to access the NHDD promotional toolkit! Resources from The Conversation Project
|
AuthorJeff Sodoma, MPA, Esq. is a lawyer based in Virginia Beach, Virginia Blog!Hello, there! Welcome to my blog. I will use this blog as a platform for my writing. I will write about topics in the legal world, certainly, as well as everything else under the sun, because I have many interests (and viewpoints). All views expressed in this blog, unless otherwise noted, are mine alone. One of my interests is music--my wife believes that I should go on "Beat Shazam" because I know so many songs--and I will be, from time to time, analyzing song lyrics and how they relate to the legal world.
Archives
July 2022
Categories |