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Preparing An Advance Directive • The most critical step for most individuals is naming a health care agent and a successor. Lawyers routinely help with this task, but do-it-yourself forms acceptable in every state are available, or use the ABA multi-state form if you are in a state that recognizes it. • Individuals can also document health care instructions for end-of-life care, including health care values, goals, and priorities in advance directives. • Lawyers should use remote methods to counsel clients who are at high-risk if exposed to COVID-19, such as videoconference or phone calls. Continue to be alert to signs of abuse or exploitation when counseling clients, particularly when meeting with clients remotely or by phone. • Facility lockdowns, social distancing, and quarantine during the COVID-19 pandemic makes complying with signing formalities difficult. Lawyers are reporting creative solutions, such as meeting with clients through windows with an open audio connection. Some states are changing rules about witnesses, notarization, and other formalities as a result of the pandemic. Check with your state for the latest information. » Think about who is already interacting with the individual who may be able to serve as a witness. Most states prohibit health care providers from serving as witnesses, but other patients or residents are generally allowed unless in an excluded category. » Most states have an exception allowing employees of health care facilities to notarize these documents—check state law to be certain. » A handful of states had provisions before the pandemic for electronic notarization, where the notary observed the signing or acknowledgement by video, and other states are allowing e-notarization as an emergency measure—verify what is possible in your state. » The ABA Real Property Probate and Trust Law Section and the American College of Trust and Estate Counsel are tracking information on remote witnesses and notaries.
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Updating Advance Health Care Planning Goals of care and priorities change, so once the current public health crisis passes, revisit the process then, and again whenever one of the 6 “Ds” occurs:
1. You reach a new DECADE 2. You experience a DEATH of family or friend 3. You DIVORCE 4. You receive a new DIAGNOSIS 5. You have a significant DECLINE in your condition as measured by Activities of Daily Living (ADLs) 6. You change DOMICILE or someone moves in with you As Life Moves Online, an Older Generation Faces a Digital Divide Uncomfortable with tech, many are struggling to use modern tools to keep up with friends and family in the pandemic. By Kate Conger and Erin Griffith
For more than a week, Linda Quinn, 81, has isolated herself inside her Bellevue, Wash., home to keep away from the coronavirus. Her only companion has been her goldendoodle, Lucy. To blunt the solitude, Ms. Quinn’s daughter, son-in-law and two grandsons wanted to hold video chats with her through Zoom, a videoconferencing app. So they made plans to call and talk her through installing the app on her computer. But five minutes before the scheduled chat last week, Ms. Quinn realized there was a problem: She had not used her computer in about four months and could not remember the password. “My mind just went totally blank,” she said. Panicked, Ms. Quinn called a grandson, Ben Gode, 20, who had set up the computer for her. Mr. Gode remembered the password, allowing the call and the Zoom tutorial to take place — but not until Ms. Quinn got him to promise not to tell the rest of the family about her tech stumble. ADVERTISEMENT Continue reading the main story As life has increasingly moved online during the pandemic, an older generation that grew up in an analog era is facing a digital divide. Often unfamiliar or uncomfortable with apps, gadgets and the internet, many are struggling to keep up with friends and family through digital tools when some of them are craving those connections the most. While teenagers are celebrating birthdays over Zoom with one another, children are chatting with friends over online games and young adults are ordering food via delivery apps, some older people are intimidated by such technology. According to a 2017 Pew Research study, three-quarters of those older than 65 said they needed someone else to set up their electronic devices. A third also said they were only a little or not at all confident in their ability to use electronics and to navigate the web.
That is problematic now when many people 65 and older, who are regarded by the Centers for Disease Control and Prevention as most at risk of severe illness related to the coronavirus, are shutting themselves in. Many nursing homes have closed off to visitors entirely. Yet people are seeking human interaction and communication through the web or their devices to stave off loneliness and to stay positive. Image Ms. Quinn on her laptop.Credit...Christian Sorensen Hansen for The New York Times For many seniors, “the only social life they had is with book clubs and a walk in a park,” said Stephanie Cacioppo, an assistant professor of psychiatry and behavioral neuroscience at the University of Chicago. “When they look at their calendar, it’s all canceled. So how do we as a society help them regain a sense of tomorrow?” ADVERTISEMENT Continue reading the main story To bridge that digital gap, families are finding new apps and gadgets that are easy for older relatives to use. Companies and community members are setting up phone calls and, in areas where lockdowns are not yet in place, in-person workshops to help those uncomfortable with tech walk through the basics. Officials are also calling for people to pitch in to close the divide. Seema Verma, the administrator of the Centers for Medicare and Medicaid Services, urged people this month to help the elderly set up technology to talk to medical providers. “If you have an elderly neighbor or family member who might have trouble with their laptop or their phone for this purpose, make yourself available to help,” Ms. Verma said in a news conference. In nursing homes that have stopped visitors from coming in to limit the spread of the virus, workers are leaning on tech to help residents stay connected with their families. At 23 senior living communities in North Carolina, Maryland and Virginia run by Spring Arbor Senior Living, workers have been triaging family calls — sometimes multiple ones a day per resident — over Apple’s FaceTime, Skype and a software system operated by K4Connect, a tech provider, said Rich Williams, a senior vice president at HHHunt, which owns the centers. “That line of communication is essential to the resident’s well-being,” he said. Mr. Williams added that workers had also used virtual activities like Nintendo’s Wii bowling and SingFit, a music singalong program, to help Spring Arbor’s 1,450 residents — whose average age is 88 — pass the time and stay active. Latest Updates: Economy
More live coverage: Global New York Candoo, a New York company that helps older people navigate technology, has recently taught its customers how to use Zoom and other video calling apps with downloadable guides and phone calls and, in some cases, by taking over their screens and showing them where to click. Candoo charges $30 for a one-hour lesson and $40 for support. ADVERTISEMENT Continue reading the main story “People are literally relying on technology, not only to keep them healthy and safe and alive, but also to keep them occupied,” said Liz Hamburg, founder of Candoo. Jane Cohn, 84, who lives alone in New York, has paid for Candoo’s services to help her get connected. Typically active, she has been staying inside because of the virus outbreak. Her doctor’s check-in went virtual, while her therapy session and New York University class on architecture and urbanism moved to Zoom. Ms. Cohn said she called Candoo twice in one day last week to help her get on Zoom. She had never used the software before, and when she tried to join her N.Y.U. class through the videoconferencing app, she saw only a video of herself and wasn’t able to hear anything. A Candoo representative walked her through Zoom over the phone. Ms. Cohn, already worried about the virus, said struggling with technology “adds another level of stress.” Some people are finding easy-to-use tech to connect generations. Medbh Hillyard recently introduced an electronic speaker called a Toniebox to connect her parents, Margaret Ward and Paddy Hillyard, to her sons, Rory and Finn, ages 3 and 18 months, during quarantine. While they all live in the same neighborhood in Belfast, Northern Ireland, and frequently saw each other before the outbreak, they have now stopped close contact. Each evening, Ms. Ward, 69, and Mr. Hillyard, 76, instead use an app on their smartphone to record bedtime stories. The app then transmits the stories to the Toniebox so Rory and Finn can listen, Ms. Hillyard said. “It’s been a really, really good way of having contact each evening and them still being able to do bedtime stories for us, which is really lovely,” Ms. Hillyard said. ADVERTISEMENT Continue reading the main story Tech-savvy older people have found themselves in great demand, fielding calls from friends and neighbors who need digital help. The Coronavirus Outbreak
Chuck Kissner, 72, a technology executive in Los Altos, Calif., who administers a computer network for his extended family and maintains their 40 or so devices with security updates and software licenses, said he recently had a deluge of requests for tech assistance from his neighbors. Last week, he spent several hours using remote access to the devices of his homeowner association board to help members, who range in age from about 65 to 85, figure out how to attend a virtual meeting. One neighbor and board member sanitized his iPad and left it at Mr. Kissner’s front door. The neighbor was having trouble logging into his Apple iCloud account because he could not remember the password. Mr. Kissner could not get into the account, and the neighbor eventually sought support from Apple. “Everyone got into the meeting,” Mr. Kissner said. “It’s great to see the reaction when it works and it seems so simple.” After Ms. Quinn’s family helped her get on Zoom, she told her book club about the videoconferences. While some were excited about keeping the club going online during the outbreak, others didn’t want to try it, she said. ADVERTISEMENT Continue reading the main story “I’m thinking that we won’t do it this month, but when they get tired of not getting together, we’ll probably do it,” said Ms. Quinn, who was also trying to get her bridge club to go virtual. Her family has certainly embraced the Zoom calls. Jackson Gode, 23, one of Ms. Quinn’s grandsons, lives across the country in Washington, D.C., and used to text her a few times a month. Now they video chat more frequently, he said. “We’re in this time of great uncertainty,” he said, adding he was “just wanting to make sure that every moment we have counts.” ADVERTISEMENT Continue reading the main story As Life Moves Online, an Older Generation Faces a Digital Divide Uncomfortable with tech, many are struggling to use modern tools to keep up with friends and family in the pandemic. Linda Quinn, 81, has isolated herself at home in Bellevue, Wash., with her dog, Lucy.Credit...Christian Sorensen Hansen for The New York Times By Kate Conger and Erin Griffith
For more than a week, Linda Quinn, 81, has isolated herself inside her Bellevue, Wash., home to keep away from the coronavirus. Her only companion has been her goldendoodle, Lucy. To blunt the solitude, Ms. Quinn’s daughter, son-in-law and two grandsons wanted to hold video chats with her through Zoom, a videoconferencing app. So they made plans to call and talk her through installing the app on her computer. But five minutes before the scheduled chat last week, Ms. Quinn realized there was a problem: She had not used her computer in about four months and could not remember the password. “My mind just went totally blank,” she said. Panicked, Ms. Quinn called a grandson, Ben Gode, 20, who had set up the computer for her. Mr. Gode remembered the password, allowing the call and the Zoom tutorial to take place — but not until Ms. Quinn got him to promise not to tell the rest of the family about her tech stumble. ADVERTISEMENT Continue reading the main story As life has increasingly moved online during the pandemic, an older generation that grew up in an analog era is facing a digital divide. Often unfamiliar or uncomfortable with apps, gadgets and the internet, many are struggling to keep up with friends and family through digital tools when some of them are craving those connections the most. While teenagers are celebrating birthdays over Zoom with one another, children are chatting with friends over online games and young adults are ordering food via delivery apps, some older people are intimidated by such technology. According to a 2017 Pew Research study, three-quarters of those older than 65 said they needed someone else to set up their electronic devices. A third also said they were only a little or not at all confident in their ability to use electronics and to navigate the web.
That is problematic now when many people 65 and older, who are regarded by the Centers for Disease Control and Prevention as most at risk of severe illness related to the coronavirus, are shutting themselves in. Many nursing homes have closed off to visitors entirely. Yet people are seeking human interaction and communication through the web or their devices to stave off loneliness and to stay positive. Image Ms. Quinn on her laptop.Credit...Christian Sorensen Hansen for The New York Times For many seniors, “the only social life they had is with book clubs and a walk in a park,” said Stephanie Cacioppo, an assistant professor of psychiatry and behavioral neuroscience at the University of Chicago. “When they look at their calendar, it’s all canceled. So how do we as a society help them regain a sense of tomorrow?” ADVERTISEMENT Continue reading the main story To bridge that digital gap, families are finding new apps and gadgets that are easy for older relatives to use. Companies and community members are setting up phone calls and, in areas where lockdowns are not yet in place, in-person workshops to help those uncomfortable with tech walk through the basics. Officials are also calling for people to pitch in to close the divide. Seema Verma, the administrator of the Centers for Medicare and Medicaid Services, urged people this month to help the elderly set up technology to talk to medical providers. “If you have an elderly neighbor or family member who might have trouble with their laptop or their phone for this purpose, make yourself available to help,” Ms. Verma said in a news conference. In nursing homes that have stopped visitors from coming in to limit the spread of the virus, workers are leaning on tech to help residents stay connected with their families. At 23 senior living communities in North Carolina, Maryland and Virginia run by Spring Arbor Senior Living, workers have been triaging family calls — sometimes multiple ones a day per resident — over Apple’s FaceTime, Skype and a software system operated by K4Connect, a tech provider, said Rich Williams, a senior vice president at HHHunt, which owns the centers. “That line of communication is essential to the resident’s well-being,” he said. Mr. Williams added that workers had also used virtual activities like Nintendo’s Wii bowling and SingFit, a music singalong program, to help Spring Arbor’s 1,450 residents — whose average age is 88 — pass the time and stay active. Latest Updates: Economy
More live coverage: Global New York Candoo, a New York company that helps older people navigate technology, has recently taught its customers how to use Zoom and other video calling apps with downloadable guides and phone calls and, in some cases, by taking over their screens and showing them where to click. Candoo charges $30 for a one-hour lesson and $40 for support. ADVERTISEMENT Continue reading the main story “People are literally relying on technology, not only to keep them healthy and safe and alive, but also to keep them occupied,” said Liz Hamburg, founder of Candoo. Jane Cohn, 84, who lives alone in New York, has paid for Candoo’s services to help her get connected. Typically active, she has been staying inside because of the virus outbreak. Her doctor’s check-in went virtual, while her therapy session and New York University class on architecture and urbanism moved to Zoom. Ms. Cohn said she called Candoo twice in one day last week to help her get on Zoom. She had never used the software before, and when she tried to join her N.Y.U. class through the videoconferencing app, she saw only a video of herself and wasn’t able to hear anything. A Candoo representative walked her through Zoom over the phone. Ms. Cohn, already worried about the virus, said struggling with technology “adds another level of stress.” Some people are finding easy-to-use tech to connect generations. Medbh Hillyard recently introduced an electronic speaker called a Toniebox to connect her parents, Margaret Ward and Paddy Hillyard, to her sons, Rory and Finn, ages 3 and 18 months, during quarantine. While they all live in the same neighborhood in Belfast, Northern Ireland, and frequently saw each other before the outbreak, they have now stopped close contact. Each evening, Ms. Ward, 69, and Mr. Hillyard, 76, instead use an app on their smartphone to record bedtime stories. The app then transmits the stories to the Toniebox so Rory and Finn can listen, Ms. Hillyard said. “It’s been a really, really good way of having contact each evening and them still being able to do bedtime stories for us, which is really lovely,” Ms. Hillyard said. ADVERTISEMENT Continue reading the main story Tech-savvy older people have found themselves in great demand, fielding calls from friends and neighbors who need digital help. The Coronavirus Outbreak
Chuck Kissner, 72, a technology executive in Los Altos, Calif., who administers a computer network for his extended family and maintains their 40 or so devices with security updates and software licenses, said he recently had a deluge of requests for tech assistance from his neighbors. Last week, he spent several hours using remote access to the devices of his homeowner association board to help members, who range in age from about 65 to 85, figure out how to attend a virtual meeting. One neighbor and board member sanitized his iPad and left it at Mr. Kissner’s front door. The neighbor was having trouble logging into his Apple iCloud account because he could not remember the password. Mr. Kissner could not get into the account, and the neighbor eventually sought support from Apple. “Everyone got into the meeting,” Mr. Kissner said. “It’s great to see the reaction when it works and it seems so simple.” After Ms. Quinn’s family helped her get on Zoom, she told her book club about the videoconferences. While some were excited about keeping the club going online during the outbreak, others didn’t want to try it, she said. ADVERTISEMENT Continue reading the main story “I’m thinking that we won’t do it this month, but when they get tired of not getting together, we’ll probably do it,” said Ms. Quinn, who was also trying to get her bridge club to go virtual. Her family has certainly embraced the Zoom calls. Jackson Gode, 23, one of Ms. Quinn’s grandsons, lives across the country in Washington, D.C., and used to text her a few times a month. Now they video chat more frequently, he said. “We’re in this time of great uncertainty,” he said, adding he was “just wanting to make sure that every moment we have counts.” ADVERTISEMENT Continue reading the main story Up-to-date information on coronavirus is available for free. Read more for free. EXPAND Up-to-date information on coronavirus is available for free. CONTINUE Site Index Site Information Navigation
Feds: Virus frauds spread, preying on Medicare recipientsMarch 23, 2020 at 7:46 am Updated March 24, 2020 at 9:28 am
By RICARDO ALONSO-ZALDIVAR The Associated Press WASHINGTON (AP) — Scam artists are preying on older people’s fears by peddling fake tests for the coronavirus to Medicare recipients, a federal law enforcement agency warned on Monday. And moving separately on another law enforcement priority, President Donald Trump signed an order directing a crackdown on large-scale hoarding that’s intended to create shortages of critical goods and drive prices up. Alerting seniors to fraud, the Health and Human Services inspector general’s office said it has seen marketing schemes rapidly pivot to offering tests for COVID-19 and “Senior Care Packages” with hand sanitizer or even tout a vaccine, which doesn’t exist. Some marketers falsely claim that Trump has ordered that seniors get tested. It’s all a trick to get personal information that can be used to bill federal and state health programs, said Christian Schrank, assistant inspector general for investigations. “It’s a straight-up ruse to get your Medicare number or your Social Security number under the guise of having a test kit or a sanitary kit sent to you,” Schrank said. Often the caller will hang up as soon as that number is provided. Low-income Medicaid recipients also are being targeted. The sales pitches are coming via telemarketing calls, robocalls, social media posts, emails and door-to-door visits, Schrank explained. ADVERTISING As legitimate businesses close their doors and send workers home to comply with social distancing measures, fraud operators have ramped up recruiting for their call centers, Schrank said. For seniors, the consequences can be long term. Health care fraud is one of the most prevalent forms of identity theft. Once a person’s Medicare information is in the hands of fraudsters, it can be used repeatedly to bill for unwanted goods and services. That can create problems if a Medicare enrollee ever does need them. Among the schemes reported to authorities: — In Florida, seniors have been contacted by fraudsters claiming that Trump and Vice President Mike Pence have mandated they get tested and that their Medicare number is required. — A scheme in the Midwest offers a “Senior Care Package” that includes hand sanitizer. “As we know, it’s very difficult for beneficiaries to get out to the store,” Schrank said. “At this time when seniors are searching for answers, these individuals are preying on their desire to speak with somebody.” — Several online operations are offering coronavirus vaccines, when none has been developed and approved. At the White House press conference Monday, Trump said federal authorities had already shut down a website selling “a totally fake vaccine.” Schrank said, “The first time you hear about a vaccine, it’s not going to be through an email or a telemarketing call.” ADVERTISING Federal and state law enforcement officials have set up a working group to share information on the quickly evolving scams and route leads to the agencies best equipped to investigate. The phone number for the HHS inspector general’s hotline is 800-HHS-TIPS, and the National Center for Disaster Fraud hotline is at 866-720-5721. Anti-fraud experts say seniors should just hang up on unsolicited sales calls. Following Trump to the White House briefing room podium, Attorney General William Barr said the crackdown on hoarding will target excessive stockpiling of personal protective equipment that is needed by medical personnel. “If you have a big supply of toilet paper in your house, this is not something you have to worry about,” said Barr. The Justice Department has already launched investigations into people who are hoarding supplies and price gouging, said Barr. Investigators will go after people who are “hoarding these goods on an industrial scale for the purpose of manipulating the market.” Barr says the executive order allowed the president to designate some items as “scarce” and prohibits people from stockpiling the much-needed supplies. “If you are sitting on a warehouse with surgical masks, you will be hearing a knock on your door,” Barr said. Barr said no specific items have been identified yet and the Justice Department will work with Health and Human Services to enforce the president’s order. For most people, the coronavirus causes only mild or moderate symptoms, such as fever and cough. For some, especially older adults and people with existing health problems, it can cause more severe illness, including pneumonia. Worldwide, more than 375,000 cases have been reported, and while most people recover in weeks, more than 16,000 people have died. ___ Associated Press writer Michael Balsamo contributed to this report. Under recent COVID-19 legislation, most people receiving Supplemental Security Income (SSI) and Social Security are receiving stimulus payments of up to $1,200. The Internal Revenue Service (IRS) will begin issuing these payments to those who have a representative payee and did not file a tax return in 2018 or 2019 in late May. This money belongs to the beneficiary, not the payee!
How Will the IRS Send Payments to Those Who Have a Representative Payee? • If the beneficiary filed a tax return for 2018 or 2019, then their payment will be sent to the bank account provided on the tax return for their electronic tax refund; if there was no refund or the refund was mailed to them, then the payment will be mailed to the address provided on the tax return. • If the beneficiary did not file a tax return for 2018 or 2019, and » The payee is an individual assisting one or more beneficiaries, then the IRS will send the payments to the same direct deposit bank account or Direct Express card where the beneficiary receives their monthly benefits from SSA around May 27. If the IRS needs to send the beneficiary’s payment by paper check in the mail, it has not yet been announced when those checks will be mailed. » If the payee is an organization assisting multiple beneficiaries, the IRS will send the payments by direct deposit or by paper check in the mail around May 27. What Should the Representative Payee Do with the Payment? The payment belongs to the beneficiary. It is not the same as benefits from the Social Security Administration (SSA). The payee should make a plan with the beneficiary for how they want to spend their payment. If the beneficiary wants to use their payment independently, then the payee should turn it over to the beneficiary. If the beneficiary wants the payee’s assistance with using the payment, then the payee can provide that assistance outside of their role as a representative payee. If the beneficiary receives SSI benefits, then the payee should help to make sure they have spent down the stimulus payment so that they are under the $2,000 resource limit within 12 months of receiving the payment. Does the Representative Payee Need to Account for the Stimulus Payment to SSA? No. Because the payment is not a benefit from SSA, the payee is not required to account for the payment if they are required to submit an annual accounting form to SSA. News Release 21-May-2020Social isolation increases the risk of heart attacks, strokes, and death from all causesThose who are socially isolated are over 40% more likely to have a cardiovascular event, such as a heart attack or stroke, than those who were socially integrated, new research has shown
Spink Health Share Print E-Mail(Vienna, Friday, 22 May, 2020) Those who are socially isolated are over 40% more likely to have a cardiovascular event, such as a heart attack or stroke, than those who were socially integrated, new research has shown. The German study, due to presented tomorrow at the European Academy of Neurology (EAN) Virtual Congress, found that those who are socially isolated are almost 50% more likely to die from any cause. The research also showed that a lack of financial support independently increased the risk of cardiovascular events. Performed within the Heinz Nixdorf Recall study (HNR) and led by Dr Janine Gronewold and Prof Dirk M. Hermann from the University Hospital in Essen, Germany, the research analysed data from 4,316 individuals (average age 59.1 years) who were recruited into the large community-based study between 2000 and 2003. The study participants entered the study with no known cardiovascular disease and they were followed for an average of 13 years. At the start of the study, information was collected on different types of social support, with social integration assessed based on marital status and cohabitation, contact with close friends and family, and membership of political, religious, community, sports or professional organisations. "We have known for some time that feeling lonely or lacking contact with close friends and family can have an impact on your physical health", commented Dr Gronewold. "What this study tells us is that having strong social relationships is of high importance for your heart health and similar to the role of classical protective factors such as having a healthy blood pressure, acceptable cholesterol levels, and a normal weight." Professor Jöckel, one of the PI's of the HNR added, "This observation is of particular interest in the present discussion on the COVID-19 pandemia, where social contacts are or have been relevantly restricted in most societies." During the 13.4 years of follow-up, 339 cardiovascular events such as heart attacks or strokes occurred, and there were 530 deaths among the study participants. After adjusting for (removing the influence of) other factors that might have contributed to these events and deaths (for example, standard cardiovascular risk factors), a lack of social integration was found to increase the future risk of cardiovascular events by 44% and to increase the risk of death from all causes by 47%, A lack of financial support was associated with a 30% increased risk of cardiovascular events. "We don't understand yet why people who are socially isolated have such poor health outcomes, but this is obviously a worrying finding, particularly during these times of prolonged social distancing," said Dr Gronewold. "What we do know is that we need to take this seriously, work out how social relationships affect our health, and find effective ways of tackling the problems associated with social isolation to improve our overall health and longevity," said Prof Hermann. ### Notes to Editors: Press Enquiries: For further information or to speak to an expert, please contact Luke Paskins or Sean Deans at press@ean.org or call +44 (0) 1444 811099. About the Expert: Dr Janine Gronewold is from the Department of Neurology, University Hospital in Essen, Germany. |
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.
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