Protecting Your Voting Rights with a Power of Attorney

Your right to vote is a fundamental lynchpin of what it means to be a citizen – yet you could lose your right if you become a ward in a guardianship. Having a strong power of attorney is essential to avoid that drastic, but little-known, consequence.

A power of attorney gives a trusted person the authority to act on your behalf. Support like that is especially important if there is any question that you might have become unable to make decisions for yourself. Sometimes, however, that situation is far from clear. Elderly people can be dragged into unnecessary guardianship proceedings not of their choice.

This can happen, for example, if you are temporarily hospitalized and a not-so-friendly person – maybe related to you by a second marriage – sees an opportunity to seize control of your finances. Any adult person can file a petition seeking a guardianship. If you had designated your trusted agent before hospitalization, your agent could defend against that kind of predatory danger.

The danger is real. You could lose not only your money and your independence but also your right to vote. For example, until relatively recently a provision in the Arkansas Constitution stated that “no idiot or insane person shall be entitled to the privileges of an elector.” That provision had the force of law until 2009. And again in Arkansas, once a person is placed in a guardianship, court approval is required before the ward is permitted to vote. Laws like these are by no means exceptional. Many states disqualify from voting persons who have been adjudicated incompetent, incapacitated, or of “unsound mind.”

But the standard to decide whose mind is “unsound” is far from clear. For example, a diagnosis of dementia can encompass a wildly variable population, depending on the point of view of the evaluating professional. And judges usually have no specialized education of their own in psychology.

Whether a person can handle their finances or retains the ability to drive, are far different questions from whether a person retains enough sense to vote. A citizen who votes for any winning candidate joins the majority of the electorate. Determining, in advance, that one vote of all those is irrational discriminates against that particular voter – when many uninformed voters, who might choose candidates based on the brilliance of their smile, say, would not be subjected to that kind of scrutiny.

How much better it would be, then, to avoid that battle in the first place. With the help of an elder law attorney, you can create an effective power of attorney that will do just this. Give us a call – we would be happy to help!

You can reach Goff & Goff Attorneys at our Ruston, Louisiana office by clicking here to send us a message for by dialing us at (318) 255-1760.

 

New Technology Responds if You Fall

One of the most common injury producers are seniors experiencing accidental falls. Debilitating injuries range from short-term sprains, bumps, and bruises to fractures and head traumas which may require hospitalization. The Centers for Disease Control and Prevention (CDC) reports that one out of five falls causes a serious injury and that each year 3 million older people are treated in emergency rooms for fall-related injuries with 800,000 of those requiring hospitalization. Death rates due to an accidental fall as the underlying cause are on the rise.

Technology is providing various ways to combat the problem using balance games fitness programs, diagnosis of potential weak areas of balance and gait, and wearable sensor monitors and boards that measure progress in real-time providing feedback as to how well the senior is faring in their overall physical stability.

Nintendo Wii Fit U combined with the Wii balance board was not designed with seniors specifically in mind however several games have been optimized for the needs of seniors and their workouts. One of the great features is that all you need is a TV and the Wii console game system. There is no need for the senior to leave their home and the games do not require a lot of physical space. The balance board allows the game to track your movements and weight distribution, recognizing problems with your form or stance. Immediate feedback enables correction as issues arise. Using the Wii Fit can reduce falls and improve balance in seniors and its fun. Wii Fit U and other game console platforms such as the Microsoft Xbox One with Kinect and Sony PlayStation can provide in-home exercise for seniors that can help avert balance issues and ensuing fall injury. The Wii Fit U, however, is better suited to senior exercise needs and monitoring of progress.

SmartBalance technology by HUR was specifically designed for older adults who experience balance issues and although there are games that are played the user is on a static sensor platform with grab bars, much like a treadmill minus the rotating belt. This technology is best for seniors who have more significant challenges in mobility. The stabilization games are interactive and fun while they help to build core strength and muscle memory. A unique design is available that allows a wheelchair platform access so the user can train without leaving their chair. Test results can be compared to normative data, and progress tracking is visual, intuitive, and motivational as customization of training and comparisons of previous balance tests provide progress assessment which helps to motivate the user.

QTUG, technology created by Kinesis Health Technologies of Ireland, can provide gate and mobility assessment and fall prevention data in as little as five minutes. Mobility parameters divide into five functional categories that include walking, variability, symmetry, transfers, and turning. The user wears inertial sensors that actively and accurately measure gait and mobility as they engage in simple tasks such as rising from a chair, walking 10 feet and turning to sit in a chair again. Results of the tests are delivered to a mobile device like a smartphone via Bluetooth technology, and the senior or care provider can check the score that rates the seniors fall risk as well as their mobility and frailty. This QTUG technology can export all patient results in an Excel format as well as create a comprehensive fall risk and mobility report for each test in a PDF format. All of the resulting data can be uploaded to the cloud for medical interpretation, recommendation or referral. The testing results are automatically backed up, secure and HIPAA compliant.

Older adults and seniors need to be very mindful of their balance and mobility. Catastrophic medical issues can occur with the simplest of falls and sometimes precipitate an earlier than anticipated death. Technology is at the forefront of detailed, individualized diagnoses and corrective exercise programs that when implemented can help prevent accidental falls.

To find out which technology best suits your fitness level and needs, speak to trusted counsel who can point you in the right direction to help keep you secure in your physical movement. Contact our office in Ruston, Louisiana by calling (318) 255-1760 and schedule an appointment to discuss how we can help you with your planning.

 

 

Is Medical Technology Prepared for Massive Outages?

The electronic infrastructure that powers our digital lives, including seniors aging in place, in retirement communities, assisted living facilities, and in nursing homes is a service often taken for granted. Everything is fine while devices, enterprise servers, and cloud services are powered up and providing the digital environment senior residents and business operators of senior facilities have come to expect. What happens when the power supply is cut off? Whether a natural disaster, mechanical failure, inadequate information technology management of onsite services, or aging infrastructure, any downtime to wearable medical devices, point of care handheld devices, and enterprise server functioning can constitute a dangerous medical situation for residents.

Some state legislators are taking it upon themselves to create bills and enact laws that will require assisted living operators to inform residents and prospective residents of preparations they have in place in the event of power interruption or complete loss of power. Whether you or a loved one are shopping for the “next step” in a living situation, knowing that there is a reliable plan in place to ensure adequate power and associated backup plans can be the difference between comfort or not, proper medical attention or not, even life and death.

Whether or not the backup power source is permanent or temporary, it is vital that it remain on the senior living facility at all times and it should be made very clear in the emergency power plan exactly which facility items will be supplied electricity if there is an interruption in the normal electric power source(s). It is critical that staff members at these facilities are trained and competent to maintain and operate the emergency power source.

In any business or residence, a power failure is a problem; however, when it occurs in a senior living facility, it is a matter of pressing urgency. If life-saving wearable medical devices that alert medical staff in the event of readings outside of the healthy patient range do not function on the senior or do not communicate its associated data to medical caregivers the potential for adverse events increases exponentially. In the case of a private home and aging in place strategy, the single best approach is to remove the senior to a safer location. A temporary backup generator is useful for the short term, but the ability of a senior to manage a generator in a crisis is a tenuous situation. If it is untenable to move the senior temporarily to a more secure and monitored living arrangement and no one can move in with the senior during the crisis to help, then operate under a similar set of protocols to senior living facilities.

What should you or your loved one look for in a senior living facility’s backup power plan? The obvious first is an onsite, facility owned generator with more power than is needed to run the facility’s core functions sufficiently. Kitchen functions for food production, lights, heating or cooling, and power for digital hardware and its related communication abilities to upload and download from patient to facility server to the cloud (or reverse) are necessities. As a senior living facility adds more residents or increases workload to their power needs the generator must be upgraded to accommodate the increased workload.

However, a generator is a mechanical piece of equipment, and like a power grid, it is subject to failure without proper maintenance. Battery failure is the number one reason that a generator will fail. Like any battery, lead accumulates on the plates of the battery, and the lead-acid buildup can prevent it from generating sufficient current. Sediment trays that fill with debris can also cause a battery to fail. In either of these instances, a new battery is required, and the facility should have a backup battery for the generator on site. Both batteries need to be kept routinely clean, and their charge rates must be monitored. Over time batteries become frailer so the senior facility should replace the generator battery about every three years.

In the case of an oil/gas-run generator leaks can interfere with the function of the generator. Particularly in diesel generators a lack of use or “no-load run time” can create an oil leak. Coolant leaks for an oil/gas-operated generator can also cause them to stop working particularly in extreme temperatures. Routine monitoring of coolant levels is essential as it can be an indicator that there is a leak. A sufficient supply of oil or gas should also be on site. Whether the generator is battery or oil/gas-powered, the senior living facility should have well-trained staff to troubleshoot generator issues. Most of the problems that can occur with generators are resolved with routine, professional maintenance.

Due diligence of a senior living facility’s power supply is more critical than ever in the digital age. Digital medical assessment devices and their communication through the Internet of Things (IoT) to ensure a senior’s health is being adequately monitored in the event of a power failure is critical to be able to maintain. When you or your loved one are making plans to change your senior living environment include the review of emergency power planning as a basic necessity for safety. Each living option has its challenges when the power goes out. There is no one solution for every environment, but the need will always be the same; requirement for sufficient energy to power digital devices and other necessities.

If you have questions or would like to discuss how to plan for long term care, please don’t hesitate to reach out. You can get in contact with Goff & Goff Attorneys at our Ruston, Louisiana office by clicking here to send us a message through our website, or by calling us at (318) 255-1760.

Tips for Purchasing Special Needs Housing

If you or a loved one is in the market for a home that will meet a physical or developmental need, there are some tips to consider before you begin the process. The US Department of Housing and Urban Development (HUD) website lists state and local government agencies, along with other organizations, that can help you. At the federal level, the agency also provides information about HUD’s Section 504 regulations that define federal financial assistance.  In particular, Section 811 outlines its program for Supportive Housing for Persons with Disabilities. It is important to research what assistance is available before contacting a realtor.

Once you have a strategy in place to utilize available programs to minimize costs, it is time to think about the housing location. Is the individual with special needs employed or a student? Can they drive a car or do they need to be near public transportation to get to work or school? If the individual is a K-12 student, pay particular attention to school and after-school programs. Research what is available as many schools have programs for children with special needs that are offered outside of the standard school zoning in some neighborhoods. Also, take into account the proximity of hospitals and doctors. Consider the location of shopping (food and otherwise), dining and entertainment. Also, consider if there are any restrictions regarding support animals if that is relevant to your special needs.

Once the location list is narrowed down talk to others who have faced the same housing challenges; whether it is a support group, school parent message boards, housing assistance advocacy group, or online forum.  You can save a lot of time and money by learning from others who have gone before you. In these discussions, ask a lot of follow up questions because it is hard to ask about what you don’t know. Dialing into the details can help save you missteps in your process.

Once you have identified a general location that meets some of the criteria above, it is time to canvas the availability of appropriate homes. When thinking about the layout and design of a home, consider the rambler or ranch style house. They have a long low profile, very few stairs to navigate (if any) and have minimal exterior and interior decoration. These rambler attributes make the home reasonably easy to modify.

If mobility is an issue, look for a house with smooth floorings, such as hardwood floors or laminate flooring. Smooth surfaces provide easier access to shower and bathroom areas. Also, check to see that the doorways in the home are wide enough to accommodate a wheelchair. Assess how many modifications would be required to address the special needs while remaining within a budget. Grab bars, ramps, and other similar amenities are reasonably simple to add, and some states, cities, and counties will help pay for the modifications.

Not only are there federal, state, and local agencies to help you meet the requirements of a special needs home, there are also lenders and realtors who specialize in financing and purchasing this type of home. A good lender and realty agent will be familiar with the agencies and government programs that can help their client get approved for a loan and maneuver the housing marketplace for the right fit.

Get online and look. Realtor.com, Zillow, Homesnap, and Redfin are just a few of the online options to explore real estate from your home or mobile device. Just plug in an address of a home in the area that meets your criteria and you will get stats on that home as well as an aerial map of the neighborhood that allows you to click on and get information about homes that are not currently on the market but maybe soon.

Realize this process takes time. Identify a strong, competent real estate agent who understands your special needs parameters and is willing to put forth the time to find the right housing solution for you. Also, speak with a trusted attorney to ensure you have maximized all potential program benefits available to you. Buying a home is probably the biggest purchase you will make in your life. Buying a home that accommodates special needs adds a layer of complexity that should be well thought out before hiring a realtor.

Contact our office in Ruston, Louisiana today and schedule an appointment to discuss how we can help you with your planning. Or give us a call at (318) 255-1760.