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Elder Law

A colleague recently wrote a very informative entry of her blog that I wanted to share about charitable bequests.  Here it is: "If you are wanting to make a charitable donation, but aren't sure about which charity to choose, or you want to check on a charity to see what they spend on administrative costs and overhead - try a website like Charity Navigator. "

Diabetes Mellitus is a chronic disease in which the pancreas produces too little or no insulin, impairing the body's ability to turn sugar into usable energy. Diabetes is "enormously prevalent" in nursing homes. One out of every four residents over the age of 65 is diagnosed with the disease, according to a new report from the Institute for the Future of Aging Services. Researchers analyzed the 2004 National Nursing Home Survey, which includes data representing 1.32 million nursing home residents over age 65. Among the findings: Non-white residents were twice as likely to have diabetes as white residents; diabetic residents were younger than their non-diabetic counterparts; and the prevalence of diabetes in U.S. nursing homes was higher in 2004 compared to previous years.

The Federal Center for Medicare and Medicaid Services (CMS) has just released a list of over 4,000 U.S. nursing homes which are providing substandard care as it relates to pressure sores/decubitus ulcers and the over-use of physical restraints.  For the list of Massachusetts and New Hampshire sites cited, please click here. 

The MIT Workplace Center has recently published a Family Caregiver Handbook, which is available for free viewing on-line. The handbook deals with such matters as Financial and Legal Issues, Home Health Care & End of Life Care, Caregiver Support, Housing and Transportation, and How to Get Involved.  The book serves as a gateway to the resources available to families and caregivers. Rather than providing a lot of substantive information, the handbook gives a summary of the issues (such as a summary of MassHealth programs, or the different types of respite care available for caregivers) and then provides the contact information for local and national groups, associations, and government agencies that can provide the necessary services.  This handbook is a great resource for seniors, their caregivers and professionals who work with them.

How do I know if my loved one is being abused or neglected?" Attached is an article by a colleague from Virginia entitled "Recognizing Nursing Home Abuse and Neglect." While this article cannot include all forms of abuse and neglect, it can be a good starting point for realizing what is going on with your loved one.You can find this article here. (www.frithlawfirm.com/art_recognizing_abuse.htm)

Each year, thousands of older Americans fall at home. Many of them are seriously injured, and some are disabled. In 2002, more than 12,800 people over age 65 died and 1.6 million were treated in emergency departments because of falls. Falls are often due to hazards that are easy to overlook but easy to fix. This checklist will help you find and fix those hazards in your home. Home Fall Prevention Checklist

Everyone must be on guard against scams, but seniors can sometimes be more vulnerable to fraud. This article outlines the many guises of fraud, with special attention to scams that target seniors. Signs of fraud and tips for avoiding scams are included. Senior Scams

"A colleague with the Massachusetts Chapter of the National Academy of Elder Law Attorneys forwarded me the following: Part of the difficulty of having a loved one with Alzheimer's is adapting your own actions and expectations to the changing behavior of the person with Alzheimer's. A coach can help you with that.Thanks to funding from a Title IIIE Older Americans Act Grant, Alzheimer Coaching Services is able to offer up to three in home coaching visits free of charge. There are no income or age restrictions for this service, and no referral is required.

Coaching can help you:

* Understand the disease or condition causing the memory loss
* Understand the behaviors cause by the disease/condition.
* Learn how to respond to behaviors in a way that values the person
and restores meaning and purpose to life.
* Learn how to maintain and enrich family relationships throughout
the disease.
* Learn about resources to ease care partnering.

For information and to sign up, check out this reference http://www.alzheimercoachingservices.com/

 Family Law

Many couples face financial uncertainty after they divorce. This is often the result of using the same income to pay expenses to operate two households instead of one. Click here to see an article with some tips to help you avoid some of the common financial pitfalls of divorce. 

Managing the co-parent relationship is a constant struggle, but your marriage may be over, but your relationship with the other parent will continue as long as both you and your children are alive. Healthy co-parenting is a way to carry your children through the crisis of divorce to a safe and happy future. For the full article, click here

Attached here are some great tips, published by our colleagues in the Massachusetts Collaborative Law Council, at New England Divorce Solutions, LLC (in conjunction with Divorce Magazine.com), New England's only exclusive matrimonial finance practice:

• AVOIDING FINANCIAL DISASTER
  Here are some tips to help you avoid some of the common financial pitfalls of divorce.
• LOVE, MONEY, AND THE BLENDED FAMILY
  Statistics say that one in two marriages end in divorce. This sociological earthquake has left the old-style nuclear family in ruins -- but what effect is it having on the economics of love?
• CO-PARENTING COMMUNICATION
  In order to "normalize" the post-divorce co-parenting situation as much as possible, you need to make all communication clear -- with your children and with your ex-spouse.
• DISCOVERING YOUR FINANCIAL REALITY
  Understanding your financial situation will give you a sense of control over your life -- before, during, and after divorce.
• LIFE AFTER DIVORCE
  A guide to some of the matters you may need to handle post-divorce.
• TOP TEN TIPS
  Here's the inside scoop on how to save on legal fees in a divorce.
• DATING AFTER DIVORCE
  Since you've probably been out of circulation for a while, here are some of the rules of the new Dating Game -- from Rebound Relationships to the Ten Commandments of Dating.
• AVOIDING COMMON PITFALLS
  Tips to help you avoid some of the most common mistakes made by divorcing people.
• CHECKS AND BALANCES
  How to reconcile your emotion with the financial side of your divorce.
• HOW TO HELP YOUR CHILD THROUGH YOUR DIVORCE
  In explaining the separation and divorce, you and your ex-spouse should state explicitly that your relationship has no bearing on the relationship between each of you and the children. Reassure them that neither one of you will abandon them, and encourage them to discuss their fears with you.
• THE POWER OF FORGIVENESS
  If you're feeling stuck in your divorce recovery, you may need to forgive your ex -- and yourself.

For more information and articles on children and divorce check out this link to an index of unbiased articles on subject: Children and Divorce Articles

When people are in conflict, it is easy to get into the blame game, to feel superior, and see oneself as a victim. Unfortunately, far too many parents lack boundary control. They share their feelings of misery and anger with their children. But when one parent speaks poorly about the other to their child and encourages the child to believe that the target parent is less worthy and less important, parental alienation syndrome (PAS) can occur.  For your children, the results can be tragic. Two articles below discuss first, the concept of Parental Control and separating "opinion" from "fact" when speaking about your "ex" is discussed. Parental Control, and second, Customizing Your Post-Separation Relationship.

One of the most important pieces of a divorce and custody process is determining how a couple is going to share the minor children's time among them. The plans that couples agree upon are varied and creative. No two plans are alike, and they depend so much on the nature of the family unit.  Attached is a link to an article titled, "The Party of the Last Part: Ethical and Process Implications for Children in Divorce Mediation" by Bruce Menin, first published in Mediation Quarterly, Vol. 17, no. 3, Spring 2000. Although the article speaks to the divorce mediation process, it themes and thesis are relevant to all child custody, and parenting plan negotiations. Parenting Plans in Mediation

This is an article that has been edited and excerpted from "What To Tell the Kids about Your Divorce" by Darlene Weyburne, BCD, CSW, ACSW. The guide offers creative exercises and common-sense advice, this comprehensive guide will assist you to move beyond your own anger so you can help your kids cope with your divorce. "The Co-parenting Relationship"

Reassuring your child One of the most frightening feelings children have during divorce is uncertainty. They're unable to control lives that once felt fairly stable, and they're unable to make decisions that will affect their future. This article offers some strategies for alleviating a child's feelings of fear and insecurity. "Reassuring Your Child"

Personal Injury

From the legalblog, Legal Medicine, "For most people, home is a haven and a refuge from the rest of the world. However, your home can also be the most dangerous place you go. I'm talking about lead, mostly lead dust, from the paint on your pre-1978 house's walls and windows. Lead-based paint was banned in 1978 by the Consumer Product Safety Commission for use in homes, children's toys and furniture. However, it still exists in many older homes. Lead poisoning is particularly dangerous for children younger than six and pregnant women; lead can build up inside a young child's body and harm their developing brains. The U.S. Department of Housing and Urban Development suggests that flat surfaces, such as windowsills, in older homes be wiped down often with a damp paper towel to remove lead dust. Smooth floors should be damp-mopped weekly, and carpets and upholstery should be vacuumed to control dust. 

Real Estate Law