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The Elder Care Law Alert

Marshall & Associates' E-mail Newsletters

2004

 

Elder Care Law Alert

                                May 27th, 2004 Issue 

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Jersey Shore, Williamsport, Wilkes-Barre

1-800-401-4552

www.paelderlaw.com 

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The Elder Law Firm of Marshall & Associates is a recognized leader in providing coordinated legal and elder care planning services to older adults and their families throughout Pennsylvania.

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In this Issue

1.  Could Your Loved One Have Post Traumatic Stress Disorder?

2.  HH Bond Offerings will be Obsolete Starting September 1, 2004

3. Medicare and Home Care Changes Discussed at Professional Updates

4. Oregon "Death with Dignity" Law Upheld

5. "Paying for Long Term Care - What Families Need to Know" Presentation Set for Wilkes-Barre

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Could Your Loved One Have Post Traumatic Stress Disorder?

Written By:  Geriatric Planning Specialist Amy G. Bailey , MSW, RN

Post-traumatic stress disorder is a term we tend to associate with veterans of the Vietnam War.  However, there is increasing evidence that veterans of World War II not only experienced PTSD, then called "battle fatigue," but are having renewed and sometimes more severe attacks at this time in their lives-as they reach their 80s and 90s.  This brief article defines PTSD, presents a few reasons for the renewal of the disorder in elderly veterans, lists some possible symptoms, and gives some suggestions for help.  For more information, please contact the Veterans' Administration or your physician.  General information is also available on-line at the National Center for PTSD, at www. ncptsd.org/facts/veterans.

PTSD can be defined as a series of negative symptoms as part of a natural response to exposure to a traumatic event.  What does this mean?  First of all, the individual experienced an event which to him was terrifying, intense, and terrible.  Second, following this event are a group of uncomfortable feelings:

            1.  The first group of feelings can be a re-experiencing of the event.  This includes such things as intense memories, nightmares, or flashbacks, accompanied by feelings of intense distress.  A study presented in the Journal of the American Geriatrics Society stated that "Increasing numbers of World War II and Korean War veterans are displaying symptoms of post-traumatic stress disorder linked to severe dementia.  In many cases, paranoid 'reenactments' of combat situations have caused veterans to inflict...harm" to those around them.  

            2.  The second group of feelings is referred to as "hyper arousal." This includes intensified feelings of danger, irritability, impatience, a high "startle response" and problems with insomnia, and concentration.  An example is the individual who will only sit with his back to a wall in a restaurant, or who jumps when a fire siren sounds.  This results in an increase in heart rate, breathing, sweating and muscle tension.   These symptoms of anxiety may become long term or chronic, and can then contribute to other problems, such as heart disease. 

            3.  The third group of feelings is sometimes referred to as numbing or avoidance.  In this situation, individuals avoid thoughts, feelings, or people which may have been associated with the traumatic event.  They may seem depressed or unable to establish an interest in life, family, friends, or activities, or may turn to alcohol abuse. 

Not all World War II veterans have PTSD.  No one is sure why one veteran would develop the disease and not another.  It is thought to be related to the type and length of the traumatic event, the personality of the victim, and the environment of the individual following the trauma.  Please note that PTSD is NOT a sign of weakness, but rather a response to a horrifying and painful experience.  As many as 10% of the World War II and Korean Conflict veterans are thought to have some form of PTSD. 

Years ago, "battle fatigue" was considered something one simply endured.  Now, especially since the Vietnam and Gulf War conflicts, there is increased medical and psychological knowledge of the disorder, less stigma attached to the diagnosis, and more support available. 

A returning WWII or Korean War veteran may have experienced some of the difficulties described above, and then the symptoms may have resolved.  It is thought that this process was helped by the positive support which existed for returning veterans and to the excellent post war economy.  Most returning veterans also had the assistance of coping mechanisms such as a spouse, friends, compatible work, and family life.

Even though it seems that the veteran has "gotten over it," this is not always the case.  Sometimes events which are considered a normal part of aging, such as retirement, death of a loved one, or illness can trigger a renewed experience of PTSD.  For example, one veteran may have coped with his difficulties by becoming totally involved in work.  Once he reached retirement, this coping mechanism was no longer available to him.  Another may have lost his best friend to death, and this might bring feelings of survivor guilt to the surface again.  It does not matter that the war was 60 years ago; increase of PTSD in elderly veterans is common. 

If you think your loved one might be suffering from PTSD, there are things you can do.  Most importantly, remain calm. If he needs to talk about the war, be a good listener. Acknowledge that the individual is having a difficult time and reassure him that you would like to help. Do not tell him to "get over it." 

Second, contact your physician or your Veterans' Administration for further assistance. Help is available in the form of medication to relieve symptoms of anxiety, anger and nightmares.  Individual and group counseling, and support groups have also provided relief. 

Third, learn about PTSD and how if affects elderly veterans. Books recommended by the National Center for Post-Traumatic Stress Disorder are I Can't Get Over It, by Aphrodite Matsakis; and Home from the War, by Patience Mason. 

Our veterans fought for us under horrible conditions.  They deserve our support and help. 

Resources for this article included information from the Veterans' Administration, the National Center for Post-Traumatic Stress Disorder, the Brain Injury Resource Center , Journal of the American Geriatrics Society, and the American Journal of Nursing.

Amy Bailey can be contacted at abailey@paelderlaw.com.


HH Bond Offerings will be Obsolete Starting

September 1, 2004  

Written By: Geriatric Planning Specialist, Michael Rentko

The Bureau of the Public Debt announced in February that they will no longer offer Series HH Savings Bonds to the public after August 31, 2004 .  Bonds purchased prior to that date will continue to pay out interest until their final maturity 20 years after issue.  Previously, HH bonds were available in exchange for Series E or EE bonds.  This exchange allowed an individual to continue deferment of income tax obligations on the gains for an additional 20 years.

Individuals who have maturing EE or I Bonds may choose to invest the proceeds of maturing bonds in Treasury bills or notes at auction, or new Series EE or I savings bonds.  However, the new investment will no longer defer the interest that the previous bond accumulated.  All the deferred interest that accrued on the exchanged bonds will become taxable on the date of the exchange.                                                           

The 24 year old Series HH program, popular among retires and seniors, is coming to an end as part of several efforts by the U.S. Treasury to curb costs.  Additional Information about the elimination of the HH Savings Bond is available at http://www.publicdebt.treas.gov/sav/sbhelim.htm.

Michael Rentko can be contacted at mrentko@paelderlaw.com.


Medicare and Home Care Changes Discussed

at Professional Updates

Written By: Melissa Bottorf, Public Education Coordinator

Seniors are being faced with many new options for their health care, but unfortunately, the choices will not always be easy.  On June 1st, Medicare recipients will have the opportunity to enroll in the new Medicare-approved drug discount card program and over the next few months, the Pennsylvania Department of Aging will be implementing a number of program changes that will result in a dramatic increase in the number of senior citizens receiving care in their home rather than a nursing home.

These issues were discussed at The Elder Law Firm of Marshall & Associates 8th Annual Professional Updates which were held on May 6th and May 7th.  Over 200 health care and social service professionals, financial professionals and advocates for the elderly attended the sessions. 

Kevin Costello of the Elderly Law Project in Philadelphia , spoke about the new Medicare Drug Discount Cards and Transitional Assistance credits for low income seniors.  The new law is complex.  The Centers for Medicare and Medicaid Services directs seniors to the Internet to compare cards and formularies; it heavily relies on a senior citizen's internet savvy for success.  "This is a good example of the disconnect between what is going on in Washington on the chalkboards and what's really happening in people's communities and in people's lives," remarked attorney Costello.  "I don't know about you, but the seniors I serve don't have the access or ability to maneuver on the internet."

The Drug Discount Cards are only expected to save consumers between 10 and 25% off full retail prescription drug costs.  The minimal savings, combined with the ability of card issuers to change discounts and covered drugs, lead many to believe few seniors will enroll in the Program. "What this program does is it saddles frail and vulnerable senior citizens with all the obligations and burdens of being smart and savvy and sharp consumers in a fierce marketplace," said Costello. "That's the fundamental problem here."

Dan McGuire, Director of Home and Community Based Services for the Pennsylvania Department of Aging, also spoke at the sessions about the trend of expanding the availability and improving the quality of publicly funded in-home services for seniors.  "We are working to rebalance the long term care experience," said Mr. McGuire.  The Department is hoping to accomplish this objective by eventually having approximately 60% of Medicaid funding of long term care go to provide home care, a significant increase from the current 20%. 

The Department is also testing a program called "Community Choice." Kristen Ballantine , Public Policy Coordinator for the Alzheimer's Association and panelist for the Update, said she believes this initiative will be of great value to seniors with Alzheimer's disease or related dementia.  The goal of the program is to remove the barriers to rapid initiation of services.  There will be self-declaration of income, a prescription form a doctor can substitute for the MA-51, and a "no wrong door" policy.  The "no wrong door" policy means that the help the senior needs will be available regardless of which government agency the consumer first contacts.  The consumer will be able to access the services needed without having to go to different offices or completing duplicate sets of documentation.

For more information about the Update contact Melissa Bottorf, at webmail@paelderlaw.com.


Oregon "Death with Dignity" Law Upheld

Written By: Jeffrey Marshall, Certified Elder Law Attorney

A federal appeals court has upheld Oregon 's "Death with Dignity" law against attack by the federal government. 

The 9th U.S. Circuit Court of Appeals has ruled that U.S. Attorney General John Ashcroft exceeded his authority when he threatened to revoke the licenses of Oregon physicians who use drugs to assist the deaths of terminally ill patients. The court's 2-1 decision held that the federal government cannot punish doctors for prescribing narcotic overdoses to terminally ill patients in compliance with the Oregon law.

The Oregon law was approved by that state's voters in 1994.  As described in the opinion, the law "authorizes physicians to prescribe lethal doses of controlled substances to terminally ill Oregon residents according to procedures designed to protect vulnerable patients and ensure that their decisions are reasoned and voluntary. Oregon voters reaffirmed their support for the Death With Dignity Act on November 4, 1997 , by defeating a ballot measure that sought to repeal the law." About 30 people have used the law to end their lives each year since it became effective in 1997.   

Oregon is the only state that allows physician-assisted suicide. After the Bush Administration took office, Attorney General John Ashcroft issued the "Ashcroft Directive" (published at 66 Fed. Reg. 56,607) stating that a doctor could be held criminally liable for prescribing federally controlled substances to hasten the deaths of terminally ill patients as authorized by Oregon's Death with Dignity Act (Or. Rev. Stat. § 127.800-897).   

Judge Richard Tallman, writing the 2-1 majority opinion used harsh language to rebuke the attorney general for overstepping his authority. "The attorney general's unilateral attempt to regulate general medical practices historically entrusted to state lawmakers interferes with the democratic debate about physician assisted suicide." The action by Attorney General John Ashcroft "far exceeds the scope of his authority under federal law," wrote Judge Tallman. 

The court stated that it was not taking a position on the legitimacy of physician-assisted suicide, but merely holding that Oregon rather than John Ashcroft had the superior right to decide this question of medical treatment in the state.  It noted that the prior U.S. Attorney General, Janet Reno, had declined to intervene with the law on the basis that Oregon should be allowed to regulate its own doctors.  

The court's decision may not be the end of this litigation. Pro-life groups are hopeful that the United States Supreme Court will overturn the appeals court decision. "The 9th Circuit majority's odd decision is that state law controls federal law. We are confident that the U.S. Supreme Court, on appeal, will ultimately uphold the position of Attorney General Ashcroft," said pro-life attorney Burke Balch,director of the National Right to Life Committee. http://www.lifenews.com/bio316.html.

The opinion, Oregon v. Ashcroft, No. 02-35587, May 26, 2004 , is available at the 9th Circuit Court of Appeals website, http://www.ca9.uscourts.gov/.

Attorney Marshall can be contacted at webmail@paelderlaw.com.


"Paying for Long-Term Care: What Families Need to Know" Presentation Set for Wilkes-Barre

G etting good information about options for long term care is critically important for seniors. Four out of every ten people reaching age 65 will spend some time in a nursing home and many more will require home care and assistance with daily living.

The Elder Law Firm of Marshall & Associates is known throughout Pennsylvania for the expert help we provide seniors who are faced with long term care needs. We help families struggling to care for their loved one at home find the programs and financial help they need.  Our help can mean the difference between staying at home and moving to a nursing home.

If nursing home placement becomes necessary, we work with the facility to help make the transition go as smoothly as possible. We make certain that the nursing facility gets paid in a timely manner while helping the family qualify for government programs that help pay the costs.  

Marshall & Associates occasionally holds free educational forums to help educate families and their advisors about the options that are available to pay for long term care in the home or a nursing home.  Join us for one of these free presentations and learn what you need to know about how to get the help you need and protect your family's financial security when your spouse or parent is faced with a long term illness.          

Each presentation is FREE and open to seniors, their families, elder care professionals, and anyone else who needs to learn more about this complex subject.  Each presentation lasts about 1 ½ hours, including a "Question & Answer" Session.  

  - Thursday, June 10th, 2004 at 6:30 PM

Woodlands Inn and Resort

1073 Highway 315, Wilkes-Barre

Reservations are suggested, but not required.  SIGN UP ONLINE or call 1-800-401-4552 for more information or to reserve your spot at this free seminar!


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*Attorney Marshall is certified as an Elder Law Attorney by the National Elder Law Foundation under authorization from the Pennsylvania Supreme Court

 

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