The News

Elder Law - Protecting Your Loved Ones
Written By : George Dickerman


There are few circumstances when your loved one should execute a financial power of attorney that gives their agent the immediate authority to make financial decisions. Financial powers of attorney are one of the easiest ways to commit elder financial abuse.
The preferred method is to require that the agent's authority is granted only after two qualified medical doctors declare in writing, under penalty of perjury, that the elder is mentally incompetent and unable to make sound financial decisions.

Although still not foolproof, this requirement gives a great deal of protection against financial exploitation. A bad guy must now involve two doctors in order to carry out the rip-off.

It is always possible that the perpetrator will simply have the elder execute a new power of attorney that revokes all prior powers and gives the agent the immediate authority. When family members and friends are actively involved in the elder's life, the crook will have much more difficulty in accomplishing this without being caught.

When the elder has no immediate family or friends, the odds of being financially abused are greatly increased. However, there are still some preventive measures that can be taken to reduce the risk.

Speak with bank personnel and other financial institutions where the elder's money is invested. Show them the power of attorney and explain that its purpose is to protect the elder in case someone tries to take advantage. Point out the added protection that requires two qualified medical doctors confirm the elder's lack of capacity before the power of attorney is effective.

Ask them to red-flag the elder's accounts by placing a computer notation that the bank personnel should question any substantial withdrawals or unusual activity.

In my city and state (Riverside, California), for example, a law exists that makes all bank employees a mandated reporter. This requires bank personnel to report any reasonably suspicious activity to local law enforcement. In states where similar laws exist, bank employees will receive some training to identify the signs of financial exploitation in order to comply with their mandated reporter requirements.

Many family members hesitate on broaching the subject of powers of attorney, in fear that their elderly loved one may take offence and tell them to mind their own business. Every family has their own unique dynamics. However, you can ease some of the awkwardness by doing some of your own research and sharing it with your loved one. Many counties agencies have informational brochures that explain the purpose in creating powers of attorney and how they can assist in financial matters.

Delaying the discussion often results in no action being taken. Then, when the need arises, it is often too late because the elder no longer has the requisite mental capacity needed to execute the power of attorney.

There is no surefire way to avoid financial exploitation of an elder. However, through education, discussion and assistance with the financial institutions involved, and with the help of a qualified elder law attorney, a power of attorney can be put in place that affords piece of mind that the chances of financial abuse are minimized.

By: George F. Dickerman, Esq.

George F. Dickerman is an elder law attorney in Riverside County, California, practicing law for 24 years. To learn more about elder law issues, including powers of attorney for financial and healthcare decision making, and to subscribe to a free newsletter that provides valuable information on how to assist your family members or loved ones, please visit http://www.elder-law-advocate.com/health_care_poa

Rebuilding Self Esteem for Seniors
Written By : A. Agarwal


Self esteem is an integral part of an individual's mental makeup and human psychology. It is an image we have about ourselves, how we feel, how we react to our work, our relationships with family and in general, how we socialize in the community as a whole. Self esteem is viewed as the basis of human psychology and each person is quite aware of their own self esteem. The same awareness of self esteem is present in the elderly, though it may change with the changes in the lifestyle and a change in the roles. As the elderly people become more and more dependent on others, they begin to feel they are unimportant, and that others also perceive them to be so.
Caring for the elderly may not be your first experience at care giving. You may have been performing the role of a caregiver to your children by taking care of their psychological and emotional needs. Self esteem is an important aspect of child psychology too and it is crucial to their success later in life. As the caregiver for your elderly parent, you may have to perform the same functions, though you are not 'raising them'. That means you have to take care of their physical health, their finances, their living arrangements and their self esteem and mental health as well.

As an individual, one cannot empathize with the elderly parents due to the constant changes that go on in their lives and the great impact it has on their self esteem. Your own sense of self esteem stems from the fact that you are an independent individual and your ability to provide for your kids, perform your job well and also be useful to others in the society. From the viewpoint of the elderly, these factors have changed and the roles have been reversed. This results in a feeling of worthlessness and low self-esteem for them.

The changes that the older adults face in terms of role reversals, dependency on their children or the loss of a spouse can be very difficult to cope. According to the perceptions of the seniors, they cease to be useful to anyone in any way and this increases their feeling of worthlessness. Their pillars of existence and the ideas of life in general begin to disappear. They go from being heroes to their kids to being dependent on their kids, a fact that they cannot accept. Simple things like driving around or even walking become an ordeal.

Loss is always painful, be it loss of a spouse, of mobility, or health or independence. In such situations, it is no wonder that the senior citizens suffer from low self esteem. This is a precarious mental situation that may lead to depression and health problems that will prevent them from enjoying life. If there is no support system, the elderly may even turn to alcohol or drug abuse and in severe cases, suicide.

We as caregivers should try to catch the signs of low self esteem at the earliest. These may manifest in the form of sadness, or losing interest in hobbies, not taking care of oneself, not socializing or having suicidal thoughts, etc. Other symptoms may be narration of pleasant memories repetitively or trying to do things which they cannot cope with.

There are many ways to help the elderly to regain their self esteem. The first is to offer emotional support. Ensure that they are given adequate medical attention for their ailments. Another good therapy would be to allow them to spend their time in the company of their grandchildren. Encourage them to meet their friends and to talk of the old times. As a caregiver, you can be compassionate and patient while dealing with their fears and anxieties.

Nuts, Vegetables, Fish Cut Alzheimer's Risk
Study Shows a Heart-Healthy Diet May Also Be Good for the Brain

By Charlene Laino
WebMD Health NewsReviewed by Louise Chang, MD

Oct. 15, 2009 (Baltimore) -- A diet rich in cruciferous and green leafy vegetables, nuts, fish, and tomatoes and low in red meat and high-fat dairy products may protect against Alzheimer's disease, a study suggests.

Researcher Nikolaos Scarmeas, MD, associate professor of neurology at Columbia University in New York, tells WebMD that recommendations can't be made on this study alone. "But in general, these foods are part of what we consider a healthy diet for other reasons, such as protection against heart disease. And they could help [your brain]."

The study was presented at the annual meeting of the American Neurological Association (ANA).

The research involved 1,691 people aged 65 and older with no signs of dementia when they entered the study. All filled out detailed questionnaires that asked about what foods they ate over the past year.

The researchers then studied various foods in the lab to determine which were rich in nutrients such as omega-3 fatty acids and vitamin E that have been linked to a lower risk of Alzheimer's disease and which were low in nutrients such as saturated fatty acids that have been linked to a greater risk.

Based on the amounts of each nutrient in each food, "we discovered an Alzheimer's-disease-protective dietary pattern that was characterized by a high consumption of nuts, fish, salad dressing, poultry, tomatoes, cruciferous, dark, and green leafy vegetables and fruits, and low in high-fat dairy, red meat, organ meat, and butter," Scarmeas says. "Foods are not consumed in isolation, so studying the dietary pattern may offer substantial advantage."

The 1,691 study participants were then divided into three groups according to how well they adhered to such a diet over the past year. Over the next four years, 211 of them were diagnosed with Alzheimer's disease.  Results showed that those in the top third were 38% less likely to develop Alzheimer's four years later than those in the lowest third.

The analysis was adjusted for a variety of factors that could potentially explain the association, including age, smoking status, physical activity, body mass index, and caloric intake.

The fact that the researchers followed healthy people over time and that the analysis was adjusted to take into account factors such as physical activity that may also lower the risk of Alzheimer's disease gives it strength, says Craig Blackstone, MD, PhD, of the National Institute of Neurological Disorders and Stroke.

"This is certainly a healthy diet to follow," he says.

COPD (Chronic Obstructive Pulmonary Disease) - Overview

What is chronic obstructive pulmonary disease (COPD)?
COPD is a lung disease that makes it hard to breathe. It is caused by damage to the lungs over many years, usually from smoking.

COPD is often a mix of two diseases:

Chronic bronchitis  (say "bron-KY-tus"). In chronic bronchitis, the airways that carry air to the lungs (bronchial tubes) get inflamed and make a lot of mucus. This can narrow or block the airways, making it hard for you to breathe.
Emphysema  (say "em-fuh-ZEE-muh"). In a healthy person, the tiny air sacs in the lungs are like balloons. As you breathe in and out, they get bigger and smaller to move air through your lungs. But with emphysema, these air sacs are damaged and lose their stretch. Less air gets in and out of the lungs, which makes you feel short of breath.
COPD gets worse over time. You can't undo the damage to your lungs. But you can take steps to prevent more damage and to feel better.

What causes COPD?
COPD is almost always caused by smoking. Over time, breathing tobacco smoke irritates the airways and destroys the stretchy fibers in the lungs.

Other things that may put you at risk include breathing chemical fumes, dust, or air pollution over a long period of time. Secondhand smoke is also bad.

It usually takes many years for the lung damage to start causing symptoms, so COPD is most common in people who are older than 60.

You may be more likely to get COPD if you had a lot of serious lung infections when you were a child. People who get emphysema in their 30s or 40s may have a disorder that runs in families, called alpha-1 antitrypsin deficiency. But this is rare.

What are the symptoms?
The main symptoms are:

A long-lasting (chronic) cough.
Mucus that comes up when you cough.
Shortness of breath that gets worse when you exercise.
As COPD gets worse, you may be short of breath even when you do simple things like get dressed or fix a meal. It gets harder to eat or exercise, and breathing takes much more energy. People often lose weight and get weaker.

At times, your symptoms may suddenly flare up and get much worse. This is called a COPD exacerbation (say "egg-ZASS-er-BAY-shun"). An exacerbation can range from mild to life-threatening. The longer you have COPD, the more severe these flare-ups will be.

How is COPD diagnosed?
To find out if you have COPD, a doctor will:

Do a physical exam and listen to your lungs.
Ask you questions about your past health and whether you smoke or have been exposed to other things that can irritate your lungs.
Have you do breathing tests, including spirometry, to find out how well your lungs work.
Do chest X-rays and other tests to help rule out other problems that could be causing your symptoms.

For More Information on COPD CLICK HERE