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elder safety

What are the Activities of Daily Living?

By Asset Protection Planning, Elder Law, Health, Long-Term Care

The Activities of Daily Living are a series of basic activities performed by individuals on a daily basis which are necessary for independent living at home or in the community. There are multiple variations on the definition of the activities of daily living, but most organizations agree that there are 5 basic categories:

  1. Personal hygiene – bathing/showering, grooming, nail care and oral care
  2. Dressing – the ability to make appropriate clothing decisions and physically dress/undress oneself
  3. Eating – the ability to feed oneself, though not necessarily the capability to prepare food
  4. Maintaining continence – both the mental and physical capacity to use a restroom, including the ability to get on and off the toilet and cleaning oneself
  5. Transferring/Mobility – moving oneself from seated to standing, getting in and out of bed, and the ability to walk independently from one location to another.
June 18, 2020
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Beware of Coronavirus Related Scams in Florida

By Elder Law, Long-Term Care

The IRS is warning taxpayers to be on the lookout for scams related the Coronavirus, or COVID-19, which can lead to tax-related fraud and identity theft. The IRS and its Criminal Investigation Division have seen a new wave of phishing schemes against taxpayers.  Senior citizens are among the most vulnerable to these scams and should be especially careful during this time.

In its press release, the IRS reminded taxpayers that the IRS is never going to call you asking to verify or provide your financial information so you can get an economic impact payment or refund faster.  Taxpayers should watch out for emails, text messages, websites, and social media attempts that appear to be from the IRS and request money or personal information. If you receive an email that appears to be coming from the IRS, do not open it or click on attachments or links. You should go to the IRS official website, www.IRS.gov for the most up-to-date information.

The IRS also provides the following items to keep in mind, in order to protect yourself and your loved ones:

  • Scammers may emphasize the words “stimulus check” or “stimulus payment.” The official term is economic impact payment.
  • Scammers may ask the taxpayer to sign over the economic impact payment check to them.
  • Scammers may ask by phone, email, text, or social media for verification of personal and/or banking information, saying that the information is needed to receive or speed up their economic impact payment.
  • Scammers may suggest that they can get a tax refund or economic impact payment faster by working on the taxpayer’s behalf. This scam could be conducted by social media or even in person.
  • Scammers may mail the taxpayer a bogus check, perhaps in an odd amount, then tell the taxpayer to call a number or verify information online in order to cash it.

 

Taxpayers who receive unsolicited emails, text messages, or social media attempts to gather information that appear to be from the IRS should forward it to [email protected].

Fred Jacobs is a Florida Board Certified Tax Lawyer and Sean Byrne is an elder law litigator.  Contact Fred or Sean at Bach, Jacobs & Byrne, P.A. if you or a senior you know has been the target of elder exploitation or needs assistance with tax matters. Call (941) 906-1231 to schedule an appointment.

June 9, 2020
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COVID-19: Tips for Supporting Loved Ones with Dementia Living in Nursing Homes During the Pandemic

By Elder Law, Health, Long-Term Care

There is no evidence to suggest that dementia itself increases the risk for Coronavirus, just like dementia does not increase risk for flu. However, behaviors, increased age, and common health conditions that often accompany dementia may increase risk. For example, people with dementia may forget to wash their hands or take other recommended precautions to prevent the illness. Viruses like COVID-19 or the flu may worsen cognitive impairment due to dementia.

 

The CDC has provided guidance on the prevention and control of COVID-19 in nursing homes. Precautions may vary based on local situations. If you have a loved one with dementia living in a nursing home:

 

  • Check with the facility regarding their procedures for managing COVID-19 risk. Make sure the facility has your emergency contact information and contact information for another family member or friend as backup.
  • Do not visit your loved one in the facility if you have been exposed to COVID-19, or have any signs or symptoms of illness.
  • Depending on the situation in your local area, facilities may limit or not allow visitors, in order to protect the residents.
  • If visitation is not allowed, ask the facility how you can have contact with your loved one. Options may include telephone calls, video chats, or emails to check in.
  • If your loved one is unable to engage in calls or video chats, ask the facility how you can keep in touch with staff in order to get updates.
June 3, 2020
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Elder Exploitation – Fla. Stat. §825.1035 – What is considered “Exploitation”?

By Elder Law

On July 1, 2018, a new Florida statute, §825.1035, Fla. Stat., created a new legal process to protect vulnerable adults from exploitation. Exploitation is defined in §825.103(1), Fla. Stat., and includes:

  1. Using or trying to use a vulnerable adults funds or property with the intent to deprive the vulnerable adult of it, or to benefit someone else, by a person who is in a position of trust and confidence with the vulnerable adult, or by a person who has a business relationship with the vulnerable adult.
  2. Using or trying to use a vulnerable adult’s funds or property with the intent to deprive the vulnerable adult of it, or to benefit someone else, by a person who knew or should have known that the vulnerable adult lacks the capacity to consent.
  3. Breaching a fiduciary duty to a vulnerable adult by the vulnerable adult’s guardian, trustee, or agent under a power of attorney, which results in an unauthorized appropriation, sale, or transfer of property; or if the fiduciary violates the following duties:
    1. Fraud in appointment;
    2. Abuse of power;
    3. Wasting, embezzling or intentionally mismanaging assets;
    4. Acting contrary to the vulnerable adult’s sole benefit or best interests.
  4. Misappropriating, misusing, or transferring without authorization, funds from a bank account where the vulnerable adult was the sole contributor or payee of the funds. This applies only to personal accounts, joint accounts created with the intent that the vulnerable adult has all rights to the money deposited, or convenience accounts in accordance with §655.80, Fla. Stat.
  5. Intentionally or negligently failing to effectively use the vulnerable adult’s income and assets for the vulnerable adult’s support and maintenance by a caregiver or a person who stands in a position of trust and confidence.

If you believe that a Florida senior may be the victim of financial exploitation, contact the attorneys at Bach, Jacobs & Byrne, P.A. to discuss your options and legal remedies to end the abuse. Call (941) 906-1231 to schedule an appointment.

May 22, 2020
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Elder Exploitation – Fla. Stat. §825.1035 – Who does the law protect?

By Elder Law

In July 2018, a new statute, §825.1035 Fla. Stat., created a cause of action for an injunction for protection against the exploitation of a vulnerable adult. The law is targeted at protecting “vulnerable adults.” According to §415.102(8) Fla. Stat., a vulnerable adult is “a person 18 years of age or older whose ability to perform the normal activities of daily living or to provide for his or her own care or protection is impaired due to a mental, emotional, sensory, long-term physical, or developmental disability or dysfunction, or brain damage, or the infirmities of aging.” It is important to note that this definition does not necessarily require that the person lack capacity to be considered a vulnerable adult.

If you believe that a Florida senior may be the victim of financial exploitation, contact the attorneys at Bach, Jacobs & Byrne, P.A. to discuss your options and legal remedies to end the abuse. Call (941) 906-1231 to schedule an appointment.

May 21, 2020
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How to Stay Safe in Hot Weather: 5 Tips for Seniors

By Health

In Florida, summers tend to get very hot and it is important to understand the health risks associated with excessive heat. Older adults are more susceptible to hyperthermia as well as other heat-related illnesses, especially if they have preexisting medical conditions. On that note, here are five tips for staying safe as it heats up this summer:

Stay Hydrated. 

  • While this tip seems like a no-brainer, it is easier to become dehydrated than you may think. To stay hydrated during the summer, especially if you have a busy schedule, carry around a refillable water bottle and continually drink from it throughout the day. To be on the safe side, set a goal of drinking 8 glasses of water each day. Not only does water have a myriad of health benefits, it also helps keep you from becoming overheated or otherwise ill due to the weather.

Check the Weather Before Going Outside . 

  • Remember to check the weather before you venture out for the day. If it is extremely hot, stay home and turn your air conditioning on or, if you don’t have air conditioning, go to a venue that does. Additionally, avoid participating in activities that involve being outside for extended periods of time. If you have to go to an outdoor event, take it easy, as physical exertion can cause dehydration and heat stroke.

Be Aware of Your Medications Possible Side Effects. 

  • Some medications can cause weakness, faintness, dizziness or reduced sweating. All of these factors can amplify the negative effects that heat has on an individual’s body, and may increase your risk of becoming afflicted with a dangerous heat-related condition.

Don’t overdress. 

  • Though your regular daily outfit may consist of a sweater and long pants, during summer it is important that you dress according to the weather. When possible, wear shorts or t-shirts and avoid bulky or thick clothing items. This will help keep your body temperature down and reduce the likelihood that heat will negatively affect you.

Participate in Activities That Keep You Cool.

  • During summertime, fun activities that can help you beat the heat include swimming, seeing a movie, visiting friends or family members at their homes, going out to eat at an indoor restaurant and shopping. Not only are these activities entertaining and give you something to do, but they can also keep you from becoming subjected to any heat related illnesses or ailments.
June 1, 2018
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Warning Signs of Dementia

By Health

Dementia is defined as a chronic or persistent disorder of the mental processes caused by brain disease or injury. Dementia is traditionally marked by symptoms such as memory disorder, personality changes and impaired reasoning. Dementia is a very complex and progressive condition, with negative effects that can manifest themselves as a variety of different symptoms.

To help you be able to identify the possible emergence of dementia in an individual, here’s a list of warnings signs and symptoms:

  • Memory loss
  • Communication impairment
  • Impaired visual perception
  • Repetition in conversation or in daily activities
  • Confusion
  • Mood swings
  • Inability to perform tasks that they are usually able to complete in an adept manner
  • Apathy
  • Frequent falls

If a loved one is experiencing any of these symptoms or you think that they make be suffering from an affliction such as dementia, schedule an appointment with their doctor immediately and get their condition diagnosed and treated.

April 24, 2018
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Recognizing Signs Of A Stroke

By Health

Every year, almost 800,000 people in the U.S. experience a stroke. A stroke occurs when the blood flow to an area of the brain is cut off, depriving brain cells of oxygen. If a stroke is not caught early, permanent brain damage and death can result. The first step to preventing a stroke is being able to recognize its warning signs.

The most common symptoms of a stroke are:

  • Loss of vision in one or both eyes
  • Loss of speech
  • Sudden confusion
  • Trouble speaking or understanding what another person is saying
  • Severe headaches with no known cause
  • Loss of balance or unstable movements
  • Weakness or numbness of the face, arm or leg on one side of the body

If you observe any of these symptoms or believe that an individual may be having a stroke, call 9-1-1 immediately.

 

January 30, 2018
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How to Prevent Falls

By Health

As we get older, our physical and mental faculties begin to decline. This is perfectly normal and does not affect everyone in a heavily detrimental manner, but it does increase the risk of falling. Falls can be quite dangerous and put any person at risk of serious injury, but this is especially true when it comes to elder Americans. To help elderly individuals avoid falls, we have developed a list of fall prevention tips.

 

  1. Make An Appointment With Your Doctor

Whether or not you have fallen before, it is advisable to make an appointment with your doctor to discuss whether any medications you are on or are about to start taking have been known to have adverse side-affects such as dizziness or fainting. You can also discuss with your Doctor whether any health conditions you may be afflicted with increase the likely hood of a fall (ex: an eye or ear disorder may throw off balance).

 

  1. Participate In Physical Activity (At Any Level You Are Comfortable With)

Physical activities such as walking, water aerobics, biking or yoga can increase your balance and coordination, while also strengthening your muscles. Additionally, participating in activities such as these allows you to maintain a high level of activity, which will make everyday tasks easier.

 

  1. Wear Comfortable Shoes

Consider changing your footwear and gearing your wardrobe towards casual outfits that involve wearing tennis shoes or other secure footwear. High heels, flip flops and shoes with thin or slick soles can be uncomfortable and greatly increase the risk of a fall.

 

  1. Complete A Safety Check In Your Home

As most falls occur in an individual’s own residence, completing a safety check and “fall-proofing” your home can go a long way in regard to fall prevention. Start by checking for loose or missing handrails on any staircases and make sure to get them fixed. Additionally, make sure all rugs in your home are secured to the floor and won’t slide or curl up. In your bathroom, implement non-slip strips in the tub or shower, mount grab bars on the walls and install adjustable height shower heads.

January 26, 2018
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How to Discuss Driving with an Elderly Loved One

By Health

Discussing safe driving, or a lack there-of, with an elderly loved one can be a difficult task to navigate. However, if you are concerned about a senior citizen in your life and believe that their driving is starting to become unsafe, you should address this issue in a prompt, open manner.

To approach the subject in an effective style, you should outline what you are going to say before speaking with them. Try to put yourself in the mindset of the older individual. As you age, you start to lose an increasing number of mental and physical abilities, which increases your desire to maintain control over the ones you are left with. For an elderly individual, not being able to drive could equate to losing their freedom. Be gentle when you have this conversation and be certain to take their feelings into account.

When the time comes for this discussion, ease into it rather than bombarding them with a flood of dialogue all at once. If your loved one feels overwhelmed by what you are saying, they are more likely to become defensive and less likely listen to your ideas with an open mind.

Additionally, learn how to rebut objections in a sensitive manner. More than likely, your loved one will spout-off a myriad of reasons why they cannot stop driving. Allow them to openly discuss and talk-through their concerns without immediately offering solutions. This gives you, as well as the loved one you are speaking with, the chance to think through different scenarios and come up with a more comprehensive, well-thought-out solution that meets everyone’s needs. It also keeps them from becoming more defensive and getting in the mind-set that you are trying to irrevocably alter their world.

Finally, be patient. Don’t expect your loved one to come around right away or get angry with them when they object to what you say. Calmly discussing the subject in a kind manner will make them more receptive to what you are saying and will help you navigate this difficult conversation with the least amount of turbulence possible.

December 22, 2017
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