Category: Elder Law

Every nursing home TV will be turned to the NFL playoff games scheduled in the near future. Unfortunately, the NFL has failed our Seniors and Care Providers by moving their games onto a paid subscription app.

Even if you are not watching the next playoff game from an assisted care facility, put yourself in your grandparents shoes for a brief moment.

Smart TVs, with their advanced features and interactive capabilities, have become a staple in modern households. However, for the elderly, adapting to these technologically sophisticated devices can pose a significant challenge. The very features that make smart TVs appealing to younger generations can make them difficult for the elderly to navigate and utilize effectively.

Of course, those making decisions on behalf of an elderly person are doing their best. But, failing to assist your loved one with their television is becoming an increasing problem.

The Complexities of the Nursing Home Dynamic

One of the primary issues is the complexity of the user interface. Smart TVs often come with intricate menus, numerous options, and a variety of apps, which may overwhelm elderly users who may not be familiar with modern technology.

The small fonts and icons on the screen can also be challenging for those with visual impairments, even if the TV boasts high resolution. If you want to experience this issue firsthand, try picking up your nephew’s Nintendo Switch.

Anyways, navigating through television interfaces, downloading an app carrying an NFL football game, paying for a subscription, and being ready for the kickoff is getting ridiculously complicated for our elderly. Even worse, using a remote control or a smart TV keyboard can be cumbersome for seniors, especially those who are not accustomed to using such devices.

More Television Hurdles for our Elderly

Another hurdle is the constant need for software updates and the potential for changes in the user interface. While updates are essential for improving functionality and security, they can create confusion for older users who may struggle to adapt to new layouts or features.

Crud, what about nursing homes located in rural areas with bad internet service? The need for internet connectivity to access various smart TV functionalities may be a barrier for elderly individuals who are not comfortable with or do not have reliable internet access. Never mind those that have access and need help updating ports, extenders, and everything else that goes with it.

Streaming Services for our Elderly

The plethora of streaming services and apps available on smart TVs can be overwhelming. Nursing home TV sets are no different. Elderly families grew up with 2-5 channels at most. A young person in their teens or even their thirties sent to help grandpa or grandma might not recognize this. I am telling you right now, the stress of watching a football game is becoming unbearable for your loved one.

While these services offer a vast array of entertainment options, understanding how to subscribe is hard. You need a credit card. You need functionality of your hands and remote. These two elements are not easy for the elderly.

Now, include navigating the television and switching between HDMI 1 and HDMI 2, and you might as well forget it. Wait, did we fail to mention a username, email address, and password too?

Voice Recognition for Nursing Home TV

The integration of voice recognition technology on a nursing home TV doesn’t help either. A common feature in smart TVs, is meant to enhance user experience. However, for the elderly, using voice commands may not be intuitive or may require a learning curve. Accents, speech impediments, or simply unfamiliarity with the technology can lead to frustration when attempting to control the TV verbally.

To address these challenges, manufacturers and designers need to prioritize user-friendly interfaces with larger fonts, simplified navigation menus, and intuitive controls. Offering comprehensive tutorials and ongoing technical support can empower older users to confidently use and enjoy their smart TVs.

Further, making updates more seamless and providing options for offline use can enhance accessibility for those with limited internet connectivity.

It is my opinion that smart TVs and their manufactures must aim to bridge the generational technology gap and ensure that the benefits of these devices are accessible to users of all ages.

Home accidents are a common concern for older adults. Aging can bring physical changes that may increase the risk of falls, burns, and other accidents in the home. Luckily, an intentionally drafted health care directive and or HIPAA authorization form can help when an accident occurs.

According to the Centers for Disease Control and Prevention (CDC), falls are the leading cause of fatal and non-fatal injuries among older adults. Falls can result in serious injuries such as hip fractures, head trauma, and other health complications. Falls can be caused by slippery floors, cluttered spaces, poor lighting, and uneven surfaces, among other factors. To prevent falls, it is important to remove tripping hazards, install handrails and grab bars, and ensure that lighting is adequate throughout the home.

Does grandma forget to turn off the gas stove? Burns are also a common risk for the elderly, especially in the kitchen or while using hot water. To prevent home accidents like burns, it is important to keep hot surfaces and appliances out of reach, and to set water heaters to a safe temperature.

Additionally, home-related accidents can occur from a lack of home maintenance, such as broken stairs or handrails, faulty electrical wiring, or plumbing leaks. Regular home inspections and repairs can help prevent accidents and promote a safer home environment for the elderly.

Top 9 Home Accidents for the Elderly

Here are nine of the most common injuries for the elderly:

• Falls: Falls are the most common cause of injury among the elderly. Falls can lead to broken bones, head injuries, and other serious injuries.
• Fractures: Fractures are common among the elderly due to the loss of bone density that occurs with aging.
• Burns: Burns can occur from cooking, bathing, or other daily activities and can be especially dangerous for the elderly who may have slower reflexes or decreased sensation.
• Cuts and Bruises: Cuts and bruises can occur from falls, accidents, or minor injuries. The elderly may have thinner skin, making them more susceptible to cuts and bruises.
• Brain Injuries: Traumatic brain injury can occur from falls or other accidents and can be especially dangerous for the elderly.
• Hip Fractures: Hip fractures are a common injury among the elderly, especially women.
• Sprains and Strains: Sprains and strains can occur from overuse or injury and can be especially painful for the elderly.
• Joint Dislocation: Joint dislocation can occur from falls or other accidents and can be especially painful for the elderly.
• Bedsores: Bedsores can occur from prolonged pressure on the skin and can be a serious concern for the elderly who are bedridden or have limited mobility.

It’s important to note that the risk of injury can be reduced by taking steps to prevent falls, maintaining a healthy lifestyle, and seeking prompt medical attention for any injuries or health concerns.

Overall, taking steps to reduce home-related accidents is crucial for the elderly. By being aware of the risks and taking preventative measures, caregivers and family members can help ensure the safety and well-being of their loved ones.

Parents move back.  When Mom and Dad return from their retirement locations, the issue is generally a health matter.  For others, it is the loss of a spouse.  At first, the traveling to and from was time consuming, but easy.  Now, the distance that wasn’t a big deal a few years ago, as turned into worry, stress, and a problem. 

In elder law terms, reverse migration is the process of a family member needing to return from their once ideal location.  When parents move back, whether moving from Florida, Texas, Arizona, finding opportunities to make this easy helps everybody involved. 

Before parents move back, prepare.  Instead of waiting for a health crisis and moving a sick or ill person a long distance, talk with your parents about their health needs.  Even better, double and triple check that a health care agent was designated, and they have HIPAA authorizations in place. 

For those who do not have time to prepare, is there an opportunity for a trusted adult to make financial and legal decisions?  Unfortunately, a durable power of attorney drafted in one state, may not be valid or accepted in another state.  Are key documents outdated?  Certainly, addressing these issues are as relevant as determining how to care for mom and dad. 

As parents move back, ask them whether they planned for long-term care costs or considered a Medicaid Trust their assets? Do they have long-term care insurance, and if so, do they have copies of their policy? 

There will be many moving parts if it is time to move parents from a distance. As I am sure you are aware, the process of helping a parent to decide on a move and parting with their friends, stuff, and environment can be overwhelming.  Whether you have time or time is of the essence, parents moving can be stressful, but less challenging with key planning documents are put into action. 

Making a medical appointment for a loved one can be a time-consuming and frustrating process. From navigating insurance policies to finding a provider who accepts their coverage, the process can take weeks or even months. This is especially true when we do not have a Health Care Directive, HIPAA Authorization, or Power of Attorney.

That aside, the first step when making an appointment is navigating time, location, and transportation. These simple elements are exaggerated as soon as pertinent health care information must be shared between clinics or facilities.

Wait, did you say you were making an appointment for a family member who was a veteran? Let’s have that conversation later.

During your discussion with the scheduler, a logical question might be determining whether the provider accepts your family member’s insurance. This can involve hours of research, phone calls, and online searches. Many insurance companies have provider directories, but these can be outdated or inaccurate, leading to more frustration when connecting with the insurance company by phone. After all, they likely need a completed Power of Attorney form.

After finding a provider, it is finally time to schedule the appointment. Depending on the provider’s availability, the wait time can range from a few days to several weeks or even months. For a specialist visit, the wait time can be even longer, as many specialists have long waiting lists.

One thing is for sure – making appointments for family members is painful. Do you anticipate calling every other day to inquire whether there was a cancellation? What if a cancelation happens in 2 hours. Can you respond fast enough?

After the Appointment is Scheduled

Even after the appointment is scheduled, there may be additional steps to take. Some providers require pre-authorization from the insurance company before the appointment can take place. This can add days or even weeks to the process, as the insurance company may request additional information or documentation. Again, making appointments for family members is a difficult process.

when Need help sharing If you decide to include your adult child, waiting is to determine what type of medical appointment is needed. Is it a routine check-up, a specialist visit, or an urgent care visit? Depending on the type of appointment, the wait time may vary. For example, a routine check-up may have a longer wait time than an urgent care visit.

Overall, the time it takes to make a medical appointment for a loved one can be a frustrating and time-consuming process. While it’s important to prioritize the health and well-being of our loved ones, navigating the healthcare system can be overwhelming.

Unfortunately, none of us know when or if an emergency is right around the corner or years in the future. As a result, always have a health care directive, HIPAA authorization, and Power of Attorney ready to go.

Hospice care can be a difficult position for planning needs. Using a power of attorney to change a will or estate plan in hospice care is hardly ideal. Now add an element of incapacity or duress, and you have a recipe for disaster.

On the other hand, perhaps there are significant reasons, even monetary reasons, that a change needs to occur. My source of truth comes from situations when people have tried and died. Luckily, a well drafted durable power of attorney form can reduce the potential for misery and help our love ones move forward under any moment of stress or condition.

Evidence For Capacity

Evidence for the mental capacity isn’t the first thing a person or family thinks about when visiting their loved one. Capacity isn’t necessarily something that is documented. Some families use medical note and doctor’s opinions. Others utilize eye-witness accounts. Even better, the documents formalized include critical language and sworn by a notary.

Mental Capacity In Hospice Care

In Minnesota, the intent of the person is always a controlling factor. Creating new documents in a hospice care facility is hardly ideal. As an example, let’s assume a court scrubs or scrutinizes a relevant document.

Why?  There was a major Minnesota case called In re Estate of Healy.  Ultimately, this case tells us the testator (the person who died) was required to know the nature and extent of the document they were signing.  If even for a brief second, the person dying and changing their will must have a thought in their mind long enough, that a rational decision was made.

When a power of attorney document or will is reviewed by a court, whether a district court or probate court, the referee is looking at the mental capabilities of the person who had created the document.