Elder Law
July 16th, 2009 at 10:11am
Under Elder Law
Men in the house of in laws ?
Dalip Singh Wasan, Advocate.
I had some reading of mythology and I was surprised to note that a woman had been kept by five people as their common wife. I had also read that there was a time when there had been no institution of marriage and the children had been getting the name of their mother attached with their names and they were not having any knowledge about their fathers. That too was the most sorry state of affairs and I was happy that this concept of one man and one wife had been introduced and accepted.
I had been in school, in college and then in a training institute and had I wanted, I could have got some boy friends, but one thing was in my mind that I shall select one man and I shall marry that man so that only one man should be having approach to my body, to my heart and should be in my soul. And ultimately I could select a boy and I was lucky enough that my parents agreed for this match and we weremarried. My husband Abhishek was in the army and was a captain at the time of marriage. He was in the administrative wing and therefore, he was having family accommodation at the station of his posting. Most of my time had been spent with him, but at times he had been leaving me at his house with the joint family. Though we were posted far away from the joint house, but still the parents of my husband were managing all the affairs and therefore, our was a joint family.
In the army and the families attached thereto, we were living in an open society. We were often having joint dinners and we had been in those halls till mid-night. We had been having dances and often, I had been in arms of other men and my husband had been having another woman in his arms. The couples had been pressing each other and were having kisses as they like. I was not habitual to all these nor I had been expecting such gatherings, but now such things had become part of our life. We were in such gatherings at least once in a week and I had to be in the arms of other men. And this course had become part of our life, I had started choosing men of my likings and therefore, I had been crossing so many others and was reaching the man of my choice. I wanted that the man who is having me in his arms should be one which could be liked by me and through all these dancing and gatherings, I had been having some booster in life. In fact I had started waiting for the day of getting together.
I had in the arms of other people in social gatherings in the army, but I was still of the view that none other than my husband should be approaching me. I had been in arms of other men, but it was limited to those gatherings only and out of those gatherings, I never wanted or allowed a person to have approach to me and none was allowed to touch me. When I had been in the joint family, I noticed that all men though elders or younger were having an eye on me. I saw that the younger brothers of my husband were trying to come near me and have my hand and even the elder brother of my husband often took me in his arms and at the same time traced his right had over my head showing that he is blessing me and nothing more. Similar had been the position of my father in law. He too had been finding out an occasion when he could take me in his arms and press me and then trace his right hand over my head. I was not desiring all such meetings, but still I was tolerating all this. I knew that the man who shall be asked to remain at a distance shall stop liking me and shall be creating all types of troubles for me in the family. All were avoiding to have such touches in presence of others and my both younger brothers in law were trying to have separate meetings with me and they were trying to have nearness with me as had been traditional in the state of Punjab. In due course I had adopted this way of life too and I had noticed that all my sisters in laws were trying to keep their husbands away from me and similarly my mother in law was trying to keep my father in law out of my way and she was trying to avoid our meetings when we were all alone.
I had been keeping all these things secret with me. But once I disclosed all this to my friend Rashmi who had a laugh and then said, “ This is the life and we should adopt this life. All women in all ages had been accepting these challenges and they had been keeping all these relations secret. My mother in law had told me that her husband had two more brothers who could not have a marriage because they were not having enough land with them and she had to serve all the three as their common wife”. I am still living and I am still having all such occasions and therefore, I have become habitual to all these touches and loving words from the side of other men. These words full of love give me more satisfaction and happiness because such words are not uttered by the husband who has got easy access to the body of his wife. Men other than husband have got a separate dictionary with them and they choose such words which give a woman a pleasant occasion and I am still enjoying all such occasions in the army and when I am at my house and that is the reason all men in the house of my in laws are waiting for my return and when I return to the joint house, they all celebrate the occasion and give me warm welcome.
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By Law Article
July 16th, 2009 at 04:10am
Under Elder Law
Having the responsibility of caring for someone who is suffering from the effects of the aging process can require considerable time and worry on you part. This responsibility could be thrust upon you at any time. There are a number of important issues to be aware of when dealing with elder care.
Caring for an aging parent or friend may be a responsibility that you are more than comfortable about accepting but it can still be a very trying period. It is important to know that there are many resources and facilities available that you can use to help you through this trying period in life.
Eldercare Assistance
One of the best places to turn to for assistance is not surprisingly called ElderCare Resources. They are a full service online company that is dedicated to helping people who are caring for their elderly loved ones. They understand that this can be a very difficult process and because of this they take every step possible towards ensuring the process is made as easy as possible for you.
They feature certified geriatric care managers, elder care law attorneys, adult day cares, nursing home care and more. They can provide a full range of information about most health conditions that may affect the elderly and provide you with contact information specific to your area.
AGIS is another great resource to turn to when you require assistance with elder care issues. They do not endorse nor do they maintain any financial interest in any of the providers listed in their search results. They can provide a full range of information about a wide range of businesses, government agencies and insurance providers worldwide. They do not accept payment from any of these businesses or organizations. They wish to maintain arm’s length and unbiased relationships in order to ensure all information provided is legitimate and accurate.
Support Groups Are Helpful
Caring for an aging parent or friend can definitely present a variety of challenges. Elder care support groups can prove to be extremely helpful to you. They allow you the chance to meet others who are going through the same thing as you and connect you to people that you can talk to and share your experiences with. Nothing can be more valuable than learning from the real life experiences of others.
This can help you avoid common mistakes and point you to resources specific to your needs and your location. It is important that you understand that you are not alone and that there are many others around the world who have already solved elder care problems very similar to the issues you are confronting now.
Sometimes you will find that is working very well to simply assist that loved one in his or her existing home or living quarters. There are cases where this will no longer be a practical solution. The are other options. You may wish to arrange for assistance to come into the home part time or even full time live in arrangements can be arranged.
There are also instances when none of these options will prove adequate. That usually requires that you loved one be moved into a full care facility. There is no shame in turning to this option when required. It will ultimately prove to be the best elder care resolution to ensure optimal health care and safety. The shame would be not turning to this alternative when it truly is the correct thing to do.
Do your homework in advance if possible, consider your options and make an educated decision on the elder care services that most satisfy your needs. Be prepared for change and adjustment. Resources are available. Take advantage of them.
For more information about Senior Health please visit
Eldercare
For more information about hearing issues please visit
Hearing Aids
By Law Article
July 15th, 2009 at 10:10pm
Under Elder Law
DATELINE: PLYMOUTH COUNTY AND AVON; EASTON AND STOUGHTON, MA.
The Resource Guide for Older Adults and Caregivers is a complimentary guide to resources available to elders and caregivers in the greater Brockton area. English, Spanish, French and Portuguese versions of the Resource Guide are on hand. Those interested in obtaining a free guide should contact Old Colony Elderly Services, and it will be mailed at no charge. The guide is also available to other local agencies.
The Resource Guide provides valuable information with regard to: Adult Day and Supportive Care; Alcohol Treatment; Aging Services Access Points; Caregiver Assistance; Councils on Aging; Employment Programs; Financial Assistance; Health Centers; Hospice; Legal Assistance; Meals Assistance; Money Management; Nursing Homes; Prescription Drug Programs; Transportation and more.
Availability is limited. To request a Resource Guide, contact Marilyn Lynt, Old Colony Elderly Services at 508-584-1561, ext 245.
Sponsors of the Resource Guide include: Apothecare of South Shore; Brockton Hospital; Brockton Neighborhood Health Center; Brockton Visiting Nurse Association; Harmony Adult Day Health Care; Home Instead Senior Care; Law Office of Joanne Erickson, LLC; New England Sinai Hospital; Old Colony Adult Day Health Care, Inc.; Old Colony Elderly Services; OCES Family Caregiver Support Program; Old Colony Hospice; Old Colony Planning Council; Peabody Resident Services, Inc. and Senior Whole Health.
As one of the Commonwealth’s 27 non-profit Aging Service Access Points (ASAPs),
OCES serves the towns of Abington, Avon, Bridgewater, Brockton, Carver, Duxbury, East Bridgewater, Easton, Halifax, Hanover, Hanson, Kingston, Lakeville, Marshfield, Middleboro, Pembroke, Plymouth, Plympton, Rockland, Stoughton, Wareham, West Bridgewater and Whitman.
About Old Colony Elderly Services
Incorporated in 1974, Old Colony Elderly Services (OCES) is one of 27 private, non-profit Aging Services Access Points (ASAPs) in the Commonwealth of Massachusetts.
The organization’s mission is to provide services which will support the dignity and independence of elders by helping them maximize their quality of life; live safely and in good health; and, prevent unnecessary or premature institutionalization.
The agency has 110 employees and operates more than 12 programs serving elders, their families and caregivers. For more information call (508) 584-1561 or visit the website at www.oc-elderly.org.
By Law Article
July 15th, 2009 at 04:11pm
Under Elder Law
All too often, people do not recognize the signs of elder abuse. Much of this comes from the fact that a lot of elder abuse is mental or emotional, instead of physical. When abuse takes place this way, people often do not notice it because they do not see active proof of it, such as cuts, bruises, or other problems.
Instead, they might think that the elder abuse that the person speaks of is a figment of his or her imagination, that it is not real, or that it is being made up because the elderly person does not want to be in the nursing home or other location where the abuse allegedly takes place. In other words, the elderly person might be making up the abuse to try and remain home with family, instead of being placed in an elderly care facility. This is sometimes done by elderly people as punishment directed at their children and grandchildren.
However, it is important to remember that elder abuse cases are very real. Even if the signs and symptoms of it have been overlooked for a long time, it is never too late to do something to help the elderly person. If abuse or nursing home neglect is suspected, an elder abuse lawyer can be contacted. This individual can take the facts and the suspicions and determine whether the elderly person and/or his or her family have a case for abuse.
A nursing home abuse lawyer would be able to more thoroughly investigate the nursing home or facility in question and make a good determination as to whether nursing home neglect or abuse was taking place there. In addition, a nursing home negligence attorney could also help the wronged individual recover damages and therefore receive some compensation for the pain and suffering that he or she had to endure.
Naturally, not all cases of abuse or nursing home neglect require an elder abuse lawyer, because not all of them turn out to be what they seem. Sometimes, what is thought to be abuse or neglect actually is not, because the individuals involved in it did not do anything that broke the law. Accidents can happen, and one accident does not make a case for abuse.
However, a nursing home negligence attorney or similarly-designated lawyer should be called for cases that are obviously abuse, or for “accidents” that seem to keep happening, suggesting that there might be an ongoing pattern of abuse that has been overlooked in the past.
Nick Johnson is lead counsel with Johnson Law Group. Johnson represents plaintiffs in many states and focuses on injury cases involving Fen-Phen and PPH, Paxil, Mesothelioma, maritime injury, and Nursing Home Abuse. Call Nick Johnson at 1-888-311-5522 or visit
http://www.johnsonlawgroup.com
By Law Article
July 15th, 2009 at 10:10am
Under Elder Law
There are many different elder care options available today. One option that you may want to consider is elderly home care. It allows parents or a loved one to remain at home, in familiar surroundings, and still get the assistance that they need. Often, caregivers include family, friends, or caregiving professionals that provide a wide range of senior home care services. This can be an ideal situation if you are caring for elderly parents or overseeing their care, where their primary needs are non-medical care.
In this type of setting, care can range from someone stopping in periodically, to a live-in caregiver that provides 24 hour care. Some examples of non-medical elderly home care may include: preparing meals or help with feeding, assistance with bathing and grooming, light housekeeping, assisting with medication, grocery shopping, bill paying or running errands.
In our particular caregiving situation, family members have teamed up to provide much of the home care for my mother-in-law, who has advanced Alzheimer’s disease. However, at times, we have enlisted the help of friends, our church family, and companies specializing in elderly home care services to provide for her needs. Even if your family is well equipped for caregiving, its important to be familiar with some of the senior home care services that are available today. Taking advantage of these services may give you the occasional day off or vacation that you need, without putting undo stress on your family or friends.
Even if you have other family members or friends that assist you in caring for a loved one, there are times when they are not available. At these times, being familiar with companies or caregivers that specialize in providing elderly home care can be important. Each local area normally has companies that offer a wide range of elderly assistance services. Normally, you can find these online by searching for the word “caregivers.” However, here are some nationwide, senior care service providers, that you may want to consider.
Visiting Angels – Specializes in non-medical home care services for the elderly, allowing them to maintain as much independence as possible in familiar surroundings. They have over 300 offices across the country. Their website is: www.visitingangels.com.
Cargiver Needed – Search by state for caregivers, nurses, and sitters. They offer both non-medical and medical care for the elderly and for children. Both live in and live out caregiving options are available. Their website is: www.caregiverneeded.com.
Right at Home – They can provide home health care from as little as a few hours to 24-hours a day. Services include: caring companionship, meal preparation, light housekeeping, bathing assistance, respite for family caregivers, and much more. Their website is: www.rightathome.net.
These are just a few of the many resources that are available for today’s caregivers. Over the years we have been blessed to have family members and close friends that have teamed up with us to care for a loved one with Alzheimer’s. However, utilizing other caregiver resources has given us much needed breaks, while still providing excellent care.
Are you looking for more information on Elderly Home Care?
Get more information on Senior Home Care here.
Rich Herman has been providing support for caregivers for over 8 years. He provides caregiver tips and caregiver resources on his website:
http://www.caregiver-support.com
By Law Article
July 15th, 2009 at 04:11am
Under Elder Law
When an elderly person makes abuse allegations, it is important to listen to that individual. Naturally, there are some people that will simply make up these allegations because they are unhappy about being transferred to a care facility instead of remaining in their homes or with family.
Most elderly people, however, will not make up these sorts of things, and their abuse allegations should be listened to. They know what they are subjected to on a daily basis, and their relatives are often not there enough of the time to see anything bad happening. While not all elder abuse and nursing home neglect comments are legitimate, they all should be looked into, so that a person can determine whether he or she thinks that an elderly relative is really being abused or neglected in any way.
By listening to an elderly relative, one can determine whether abuse or neglect may be taking place. Another reason why this is so very important is that not all elder abuse or nursing home neglect is physical. Mental and emotional abuse and neglect can also take place in the elderly, and when it does, it leaves no outward marks, such as cuts or bruises.
However, emotional and mental abuse and neglect are just as damaging, and perhaps more damaging, than physical abuse and neglect, especially in an elderly population that might already be feeling as though they are no longer as useful as they used to be. While many elderly people are still extremely useful to society for their wisdom and their caring, it is quite understandable that many of them may not feel this way, and cruel words from those that are charged with the duty of caring for them will not help the situation.
If a person does find that an elderly relative has been abused or neglected, the hiring of an elder abuse lawyer becomes necessary. Whether a person calls himself or herself an elder abuse lawyer, a nursing home abuse lawyer, or a nursing home negligence attorney, the basic goal of the job is the same – to protect people from elder abuse and nursing home neglect, and to get compensation for those who have already been abused and neglected.
Because elder abuse can be painful for the entire family and afflict them all with feelings of guilt for putting their elderly loved one in harm’s way, it is important to address that concern with the family and the elderly individual as part of the law proceedings. Showing that the family trusted in the nursing home staff is an important part of showing that there was abuse and neglect taking place.
Nick Johnson is lead counsel with Johnson Law Group. Johnson represents plaintiffs in many states and focuses on injury cases involving Fen-Phen and PPH, Paxil, Mesothelioma, maritime injury, and Nursing Home Abuse. Call Nick Johnson at 1-888-311-5522 or visit
http://www.johnsonlawgroup.com
By Law Article
July 14th, 2009 at 10:11am
Under Elder Law
Inconceivable, with Liturgy and justification for all.The story of my life starts with my awareness that nothing I saw made much sense. I just couldn’t see a happy ending. There was an observable pointlessness. Although at the age of eight or so I really wouldn’t have used words like this. The sense was that this world wasn’t going to end well. It wasn’t heading anywhere. That’s what it was in a nutshell. It was going nowhere.
One of the real sore spots was the rules. People kept telling me to do things. I kept asking why. They kept saying things like, “that’s what people do…” or the dreaded, “because I said so…”. Let’s just say that as far as I was concerned there was no good reason for me to follow any of these rules. The real reason that I was being asked, no commanded, to follow these rules was not really clear to the people giving the orders. They couldn’t tell me, because they didn’t know. When they did attempt to give me the reasons, as they understood them, I was always left with the same underlying feeling of, “sorry but that doesn’t add up to anything”. This was the beginning of my walk in society. My “knowing” that it would end badly. It had to. Because it’s not designed to go anywhere. It could only end in – nothing. Nothing has changed.
So I went on from confrontation to confrontation. Here’s a rule that I didn’t get: respect your elders. Look around for the origin of that. You’ll find that it comes out of indigenous settings where the ritual and stories are passed along from generation to generation by the elders of the community. The only relationship our forefathers had with the indigenous tribes was to kill them or corrupt them – for profit. They did it then, they are doing it today. Right now. In our society it means, coercion. It has nothing to do with anything else. It’s just the big older children (adults) trying to make the small people (kids) obey them, or leave them alone. Or so the “grown ups” be treated “like they want to be treated” without the inconvenience of deserving it. As far as I know this collective life of law started with the old testament bible. Someone came up with the “God Decree” and it’s just gotten increasingly stupid with each generation.
The culmination of this obsession with telling people what to do came when a branch of this insidious creation granted the corporation the rights of a person. Sometimes we have thoughts and feelings about things and don’t no where we got them. One of these would be our ideas about judges. Judges are just the upper echelon in the life of law. They aren’t necessarily wise or just. They don’t even have to be smart. With the passing of the law concerning the corporation it came to pass that you can hold a seat on the supreme court and be, not just dumb but, insane. Anyone in there right mind who was approached with this “corporate” idea would immediately, without hesitation, show the petitioner to the door. If you don’t you’re either an idiot or a crook. Who were these petitioners? That’s right, lawyers.
One of the big failings of law is that it doesn’t protect anyone from anything. It doesn’t insure a society of safety or sanity, peace or freedom. In fact, if one looks at the history of society and the history of law, I’d think it would be clear that it is a failed system. In the long run, it doesn’t help. That one rule of law concerning the corporation meant that a few goofballs could ruin the lives of millions. Including those whose lives it was written to enhance. The law was written to protect corporations from common sense. In fact the idea of law itself is the replacement of common sense. It has done this, one thing, to perfection. Not only is there a ever increasing lack of common decency and judgment but common sense has vanished completely. Sense has become compartmentalized. It’s no longer common. There is no sign of it anywhere. There are those who have good sense, it’s just not common to the society. The elders are gone. We are a nation whose only tradition is that we take possession of things under the system of law. If a law prohibits the acquisition then the law is changed or a law is written.
This one event, the corporate rights law, shows that, as a system, it’s flawed. There is no fixing a flawed system. The system is what you start with. Everything that follows are results. If you want different results you have to get a different system. There is no other way. If we wanted to make a good law it’s not all that tough. It could be written like this – Do unto others, as you would have others do unto you. Now this could never really be a law. It is to close to common sense. Also we would have to try and figure out a way to enforce it and then it would just start the whole process up again and in a few generations we be as balled up as we are now. Law doesn’t work for people ( unless you’re a corporation ). So what does? What is it we need to do? We need to do something and we need to do it now. We need to do it “commonly”. That means we need to do it as one. At once. Meaning as one movement at the same time. The first thing we must do is break the law. Not commit a singular criminal act. Break the tyranny of law. Revolt with a unanimous and resounding – No More. No more stupidity. No more greed. No more insanity. No more rulers and ruled. No more armies in sheep’s clothing. No more patrioticide. No more lies.
The reign of law must end. Either that or we just take every thing we hold dear and turn it in, now. We might as well get it over with. We either do it voluntarily or we do it when we’re told to – under the law – that will be written. We already live without freedom, safety, peace of mind, good health. The list is long. We don’t even have the right to ownership. If you don’t believe this stop paying the money that the law requires and see who really has ownership. Ownership will revert back to the cartel set up “Under the Law” to control every possession known to man. Even things “common sense” would never think of as a possession. Like life. Yes there are laws that made it possible for an insane person to get a patent on a life form. Common sense laughed at the idea. Law prevailed. The life we dreamed about is gone. It will never come back. The past is indeed lost to us. There is no way to reroute the ship. We have to board a different ship. We will have to come up with a new dream. A common dream that will re-establish our common sense. The re-emergence of common sense will overwhelm law. Common sense is not dead. Like all ideas it can’t die. It is in the dormant phase of the inactive idea. We can activate it and we should.
It’s a good idea. Unlike the idea of law.
Doug Wilson is an avid student of concepts and has spent the last five years seeking out the structural aspect of unrest in human nature . The results of this study is being cataloged at
Addiction: In the 21st Century
By Law Article
July 14th, 2009 at 04:11am
Under Elder Law
If you’re fortunate enough to grow to a ripe old age you’ll inevitably be faced with scores of life changing situations. Some are oh so subtle and others slam you squarely across the head. Growing old comes slowly almost interminably slow but when it finally arrives it ascends like a black mist descending from above.
Elderly parents arrive first at this marker set in time and through them we see ourselves in just a few years more. With extended age comes a multitude of situations that need attention and for the most part all require money and a lot of detail.
Unless you are wealthy and money is no object for concern, every family will be faced with life changing decisions concerning elderly loved ones.
My wife and I had a boulder cast our way recently that literally changed our lives. We live many hours by car from our parents and generally see them two times a year although we talk often on the phone. We are a ‘close knit’ family. We both have siblings who live close to our parents so periodic reports on how mom and dad were doing were the normal All four parents are all now in there eighties and still driving and living at home. They all had their share of medical problems over the years but for the most part all was well, or so we thought.
It began with subtle remarks from family members and more noticeable concerns that are associated with advanced age. Lack of concentration, forgetfulness, and mobility loss to name a few. Serious and minor medical conditions began to present themselves with many surgeries to deal with. Reality painted a clear and unambiguous statement; our parents need help and how and who is willing to provide that help.
Of course every family situation will be different but allow me to share a little about my own life crisis to emphasize the utmost importance of family planning within a family structure. I will be short not to bore you but please remember this could be you.
It happened suddenly with a Friday night phone call from my sister in law; dad is in the hospital and needs surgery, he was found lying on the floor and reportedly had been there for days. Mom didn’t have the where with all to call 911 or go to a neighbor for help. Social services are now involved and they say ‘Nan’ needs full time attention and can no longer live by herself. The refrigerator was nearly bare and little food was found in their apartment. The situation demanded immediate resolution and decisions had to be made on the fly. The time for quiet relaxed get together among family to discuss elderly parents had escaped us and now we were faced with immediate action.
None (zero) of my wife’s family living in the general area of my in-laws were willing or able to help in any substantial means. The thrust of the situation suddenly and dramatically became ours to deal with. We are not wealthy although we have a beautiful home with a lot of land and both works in a self-employed business. Taking my in-laws into our home would be life changing to say the least, my wife and I had to make this decision quickly and within hours a call was made to my sister-in-law informing her that they could live with us. What followed in the next 48 hours was harrowing and stomach wrenching not to mention nerves wrecking. Our lives were changed in ways I could not begin to describe. Family members seemed unsympathetic and were just glad to see the ‘Problem’ go away. My wife and I began our new life together.
We are often asked why we didn’t place them in a nursing home? The time will come when my wife and I will have to make that hard decision but until that day comes the ‘Right Thing to Do’ is to care for parents in a loving caring environment with all the hard ship and baggage that comes with it. My in-laws have no assets and live on social security with a myriad of outstanding medical bills. We take one day at a time and trust in God to provide our needs. Fifteen months have past and life goes on with both ‘Nan’ and ‘Pop’ deteriorating slowly but still able to do limited functions.
This type of scenario is duplicated everyday across the world with family members faced with hard life changing decisions. The point of this article is to exclaim the importance of family planning for aging loved ones. Please don’t put it away as a ‘Well someday we’ll get together’ moment. As subtle as aging is it is also a stark reality and if your fortunate enough to stay healthy and out of a life taking moment in time. Don’t procrastinate make that first phone call to a sibling or cousin and get the ‘Ball rolling’. Plan a family get together and have a picnic, enjoy the day in the sun and then sit down all together as a loving family and candidly discuss the plan of action that will be implemented near the end of your parents life. When the day comes to implement the plan there will be no crisis, no indecision on what action to take, no arguing, only loving caring family taking care of family.
Life begins with a cry and gasp for air. Death ends with a whisper and stillness.
By Law Article
July 13th, 2009 at 10:11pm
Under Elder Law
There is no formal ‘Senior Citizens Bill of Rights’, but as individuals, senior citizens are entitled to their rights. However, the senior citizens have little energy left in them in their old age to fight for their rights and therefore, it is the duty of the children to see that their elderly parents are getting what they are rightfully entitled to.
Every right must be claimed to be deemed as a right. There are laws in existence for the running of nursing homes for the elderly and retirement communities. Even if your elderly mom or dad is in an assisted care facility, there are certain laws that are fundamental and expected to be followed by these care facilities too. It is your duty as a caregiver to see that they are following the laws and living up to the expectations.
There are some factors that you must verify before selecting a facility for your elderly parents:
• Ensure that the facility will provide the basic cleanliness and safety. Check out the evacuation plans in place, in case of an emergency situation. Verify whether the evacuation plan is a workable one, considering the fact that the facility may be full of elderly and invalids who may be slow in moving out of the building in case of a fire. Find out if there is emergency power available to operate the automatic doors and elevators so that everyone can get out safely.
• If food is provided by the facility, ensure that meals will be provided three times a day. The meals should be healthy and the food should be delivered to the room if your parent is disabled or injured. There should be some variety in the diet and since there is a separate charge for the food, it is not wrong to expect some quality and variety in the food.
• If your parent has moved to an assisted care facility, they have every right to live as they wish in that apartment, since they have paid for it. However, they have to observe certain restrictions because they are living in a community setting. They should be able to live without any interference from the staff of the facility and have the freedom to select the décor of the apartment or have family and friends to visit.
• Another fundamental right of a senior citizen is to be treated with compassion, respect and dignity. Although this is not a tangible right, how the staff at the facility treats the elderly is an important aspect in the selection of a facility for your parents. The staff of the facility must be respectful and pleasant in their dealings with your parents. If your parent complains of any emotional or verbal abuse, you must investigate and hold the facility accountable for it.
As a primary caregiver, responsible for the well being of your elderly parents, you have the right to remind the assisted care facility of their responsibilities. Ensure that your parents are getting the service and care that they paid for and that they are comfortable in their living quarters and enjoying their stay there.
By Law Article
July 13th, 2009 at 04:11pm
Under Elder Law
Old Colony Elderly Services (OCES), a private, non-profit Aging Services Access Point (ASAP) in the Commonwealth of Massachusetts and their association Mass Home Care, have joined a coalition of groups representing elders, fuel companies, poor families, health care organizations, environmental groups and religious organizations to ‘turn up the heat’ on federal and state lawmakers for increased funding for home heating assistance this winter.
“New England is facing a financial Katrina,” said Al Norman, Executive Director of Mass Home Care. “It’s predictable—but it’s a disaster we can avoid—if we take action now.”
Mass Home Care wrote the Governor in early June asking for a summit on energy and food costs. The Governor recently announced he would do just that. The Governor also set aside $20 million in a supplemental budget request for emergency energy aid, but Mass Home Care says that number needs to be $50 million. A recent report by the State Senate Committee on Post Audit and Oversight, chaired by Senator Marc R. Pacheco, agreed that Massachusetts needs to contribute at least $50 million to the fuel aid fund.
Mass Home Care estimates that it will take $250 million to keep heating assistance at the same level as last year—which still left tens of thousands of families with empty oil tanks. More than 100,000 households fell behind on their utility bills, the group said. Federal fuel assistance for the coming winter heating season currently stands at only $83 million, only 60% of the $137 million the Commonwealth received last year. Yet fuel oil prices have doubled.
“At present, the $83 million in federal fuel assistance funds for Massachusetts will provide a maximum benefit of $503 for the poorest families in a program serving 150,000 low-income households,” said Joe Diamond, Executive Director, Massachusetts Association of Community Action Programs (MASSCAP). “With heating oil predicted at $5 a gallon or more, it will take $1,375 to fill an oil tank. Families need about three tanks to get through the winter. It’s beyond scary.”
Last year funding for home heating assistance in Massachusetts totaled $137 million, with the federal government providing over $120 million through the Low-Income Home Energy Assistance Program (LIHEAP) plus $15 million from the state. That combined funding translated into a maximum benefit of $1,165 for households most in need.
“Heating oil prices have jumped 85 percent from this time last year,” said Charlie Harak, Energy Attorney at the National Consumer Law Center. “And natural gas prices could easily be 20 percent higher this coming winter, leading to even more low-income families losing their utility service than last year.”
Recent analysis done by the National Consumer Law Center shows that 125,000 low-income gas and electric customers are well over $100 million in total arrears on their bills. NCLC estimates that utility terminations will increase 20% and more at most utilities over the summer, and that tens of thousands of residential utility customers will have their service terminated.
On July 16th, twenty-one Northeast lawmakers sent a letter to U.S. House Speaker Nancy Pelosi asking that Congress triple LIHEAP funding to $9 billion and requesting an additional $1 billion for weatherization programs to help homeowners conserve energy and save money. Last week four New England governors asked the federal government to increase heating assistance for New England to $1 billion from $252 million last year.
“The numbers just don’t add up. Heating oil is 85 percent higher than last year and as of right now, only $83 million in federal fuel assistance funds for Massachusetts will be available – which is half the amount of last year’s home heating assistance funding. The National Consumer Law Center shows that there are over 120,000 gas and electric customers who are still in arrears on their bills and that tens of thousands will have their service terminated. These folks and many, many more will be in dire straights this winter,” explained Diana L. DiGiorgi, Executive Director of Old Colony Elderly Services, which is associated with Mass Home Care. “With today’s high energy prices, an estimated $250 million is needed to just to keep the heating assistance level the same as last year.”
In a letter replying to Mass Home Care, Governor Patrick said, “Rising energy costs weigh heavily on all our minds right now, and I take your concerns very seriously.” The Governor promised to have the Secretaries of Energy, Elder Affairs, and Health & Human Services contact Mass Home Care “to discuss the most effective ways we can deal with the very real concerns you outline in your letter.”
About Old Colony Elderly Services
Incorporated in 1974, Old Colony Elderly Services (OCES) is one of 27 private, non-profit Aging Services Access Points (ASAPs) in the Commonwealth of Massachusetts.
OCES serves the towns of Abington, Avon, Bridgewater, Brockton, Carver, Duxbury, East Bridgewater, Easton, Halifax, Hanover, Hanson, Kingston, Lakeville, Marshfield, Middleboro, Pembroke, Plymouth, Plympton, Rockland, Stoughton, Wareham, West Bridgewater and Whitman.
The organization’s mission is to provide services that support the dignity and independence of elders by helping them maximize their quality of life; live safely and in good health; and, prevent unnecessary or premature institutionalization.
The agency has 130 employees and operates more than 12 programs serving elders, their families and caregivers. For more information call (508) 584-1561 or visit the website at www.oc-elderly.org
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