This week, four advocacy groups have filed an amicus brief in a case before the California Supreme Court involving allegations of elder abuse and the use of arbitration.

A skilled nursing facility, Country Oaks in Pomona, is trying to compel arbitration in a case where the patient, Charles Logan, gave his nephew power to sign healthcare documents but did not give him power of attorney - and later Logan sued Country Oaks, alleging negligence.

An appellate court decided the nephew had no legal standing to sign the mediation agreement as part of the intake forms.

Jessica Pezley, senior staff attorney with the advocacy group Compassion & Choices, contended the California Supreme Court should uphold that prior decision.

"The healthcare decisions law only concerns healthcare decisions," said Pezley. "It does not concern decisions affecting future legal rights. And so, when somebody signs an advance directive, nowhere in their mind, are they thinking they might be waiving their constitutional right to a jury trial."

Country Oaks argues the mediation agreement should remain in force.

Logan has since passed away. Federal policy under the Centers for Medicare & Medicaid Services states that mediation agreements are strictly optional and cannot be required for admission to a facility.

Pezley said corporate mediation is often weighted in favor of the defendant.

"By compelling arbitration, Logan would not have had his constitutional right to have a trial by jury," said Pezley. "Instead, he would go in front of an arbitrator, which tend to be in favor of corporations - just because corporations are the ones who are tending to use arbitration on a repeat basis."

Logan's estate is now pursuing the case. The California Supreme Court has not yet announced a hearing date.

September is National Preparedness Month, when AARP raises awareness about the importance of preparing for disasters and emergencies.

A recent survey found most older adults are not prepared to respond quickly in the event of a natural disaster, which can strike with little warning. AARP Tennessee said fewer than one-third of people surveyed have created a comprehensive emergency plan for natural disasters.

Tom Kamber, executive director of Older Adults Technology Services for AARP, said the organization provides online resources for Tennesseans to access ahead of an emergency or natural disaster.

"There is a quiz at the top of the page that we put together, and in just a few minutes, it will allow you to answer some questions around your own preparedness for disaster and what you've got in place and what you might need in place," Kamber explained. "Right there, you're going to be able to find links to the FEMA website with their apps."

Kamber stressed it is important to sign up for online alerts to get accurate information during an emergency. He recommended buying a car phone charger as a backup in case the power goes out at home. He also suggested putting emergency contacts in your phone, downloading your bank's smartphone app, and creating copies of important documents you can access online.

Kamber added given the unpredictability of extreme weather events, it is important for everyone to have some level of disaster preparedness, and recommends discussing a plan with friends, family, neighbors or caregivers before a disaster strikes.

"It also sets up questions," Kamber noted. "For example, who is going to be your in case of emergency contact in your phone? If you do have to relocate in an emergency, is there somebody who you've already identified where you can go and stay? What are you going to do with your pets? Do they have GPS trackers?"

Throughout September, the Tennessee Emergency Management Agency is educating the public on the importance of emergency preparedness topics including how to make a plan, build an emergency kit and stay informed about risks in the area.


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AARP Michigan's Vital Voices survey results are in, and more than 700 Michigan adults 45 and older say they are most concerned with staying mentally sharp as they age.

Lisa Dedden Cooper, manager of advocacy for AARP Michigan, said the Vital Voices survey analyzed health security, financial security and community livability. Although concerns for things such as retirement and access to Social Security are common results, the survey also made new financial findings.

"Being able to afford groceries and other necessities actually was extremely highly rated," she said, adding that "93% of people said that was an important issue that something that was on their mind, that's we think an important issue."

AARP conducts the Vital Voices research every three years. Results for each state are released based on the timing of their survey. Michigan's came out this month.

Cooper said family caregivers are particularly interested in things such as the ability to age in place in their homes, and having access to alternatives to nursing-home care. Dedden Cooper said those issues will shape how they vote in the 2024 elections.

"Ninety percent of the survey respondents support having some sort of a tax credit for family caregivers to help offset the caregiving expenses that they are facing," she said.

AARP's legislative priorities include family caregiving issues at both the state and federal level. About 4 million Michigan residents are age 50 and older, representing 39% of the state's population. In November 2022, voters in this age demographic cast more than 60% of the total ballots in the state's general election.

New Hampshire officials in charge of investigating elder abuse are ramping up staff and education efforts to better protect the state's growing elderly population.

Statistics show that one-in-ten older people are the victims of financial exploitation, abuse or neglect each year in the U.S. - but few cases are actually reported to authorities.

Bryan Townsend II is the senior assistant attorney general and a prosecutor with the New Hampshire Consumer Protection and Antitrust Bureau's Elder Abuse and Financial Exploitation Unit.

Townsend said prosecutors will work more closely with local law enforcement, the medical community, and even financial advisors.

"We're looking kind of at a holistic kind of approach at protecting older adults," said Townsend, "and in doing so we really need to strengthen our partnership collaboration."

Townsend said the state aims to expand education efforts regarding the signs of abuse and neglect, and how to protect one's personal and financial information.

New Hampshire law requires anyone who suspects a person is financially vulnerable to exploitation, being abused, or neglected - to report their observations to police or state agencies.

Townsend said red flags often include someone having trouble managing their daily affairs or becoming increasingly isolated.

"They start to not return telephone calls or not answer the door when you come over," said Townsend. "Changes in behavior."

Townsend said elderly people can fall victim to international financial scams - but often its family members or friends, who use their position of trust to steal from them.

He said educating the public will help officials not only investigate and punish those responsible for elder abuse but also prevent it.





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