Ithaca lawyer indicted for perjury, planting evidence

An Ithaca attorney was indicted last week for perjury and planting evidence in a Tompkins County legislator's vehicle according to documents from Ithaca City Court.

Jeffrey W. Butcher, 53, is charged with first-degree perjury and tampering with evidence — both felony charges.

According to the felony complaints, Butcher is accused of falsely stating in May in Tompkins County Family Court he did not place a call to the Tompkins County 911 Center on February and report he observed drugs inside a vehicle. He is also accused of planting the evidence in the vehicle, which was previously identified as belonging to Tompkins County legislator Michael Sigler. The complaint also alleges Butcher falsely stated he did not use a TracFone to make the call to the 911 Center and falsely stated he was not at the Ithaca Tompkins Regional Airport when the observation of the drugs was made.

Included in the complaint is a deposition from a party to a family court matter, recorded phone calls placed by Butcher to the Tompkins County 911 Center in February and June, and a recorded phone call between Butcher and New York State Police in July 2016.

Butcher pleaded not guilty in Ithaca City Court in October.

Full Article & Source:
Ithaca lawyer indicted for perjury, planting evidence

Why Disabled People Are Pushing for the Right to Community-Based Services

Sen. Chuck Schumer (D-NY)

There is perhaps no greater stakeholder in the conversation about health care in the United States than the disability community. And with uncertain policy changes ahead, many disabled people are worried. They’re also trying to take action while they can to protect themselves from threats to their lives and well-being.

That’s one reason why some disabled people are pushing Congress to pass the Disability Integration Act (DIA), a law that would codify the right to community-based services for disabled people and provide a clear mechanism for enforcement to keep them out of institutions. If they succeed, the law could be a powerful tool for civil rights in the coming years—but it likely has a slim chance of passing, considering the incoming administration and Congress.

Many nondisabled people are not familiar with the fight for deinstitutionalization and the push for community-based living. Well through the 1970s, nondisabled people broadly viewed institutions as the most appropriate place for disabled people in need of long-term support services, whether they needed mental health care or medical treatment for physical impairments. In theory, they offered secure and safe housing along with trained personnel to help people with activities of daily living (like bathing and dressing) as well as sometimes complex health-care needs, which might include feeding tubes, dressing changes, and other types of skilled nursing care. In practice, however, institutions often had an isolating effect, locking disabled people out of society and exposing them to the risk of physical and sexual abuse from indifferent or hostile caregivers.

The resurgence of the disability rights movement in the 1980s pushed for a shift in the way nondisabled society viewed institutions, building up support for deinstitutionalization that culminated in the Americans with Disabilities Act (ADA) of 1990. The law strongly encouraged giving disabled people the tools to live in their own communities, including robust anti-discrimination protections.  (Click to Continue)

Full Article & Source:
Why Disabled People Are Pushing for the Right to Community-Based Services

The Common Dementia Condition You’ve Probably Never Heard Of

Martha T.S. Laham

When you think back on the life of the late Robin Williams, you may remember him as being a brilliant comic, versatile actor, and generous humanitarian. You probably wouldn’t think of Williams, who tragically died at the age of 63 from an apparent suicide, as a dementia sufferer. Williams was struggling with a neurological condition known as Lewy body dementia (LBD), also called dementia with Lewy bodies (DLB), according to a coroner’s report.

As we age, dementia can cast a dark shadow on our lives. The reality is that dementia will somehow touch us all: You’ve probably met someone with dementia or have a family member who may be a dementia sufferer. A loved one may start having difficulty with short-term memory, losing things, forgetting to pay bills, refusing to bathe, forgetting to eat, getting easily agitated or confused, or developing faulty perceptions, all of which are common signs of dementia.

First, let’s describe dementia, and then take a look at LBD.

What Is Dementia?

Dementia is not a specific disease. Rather, dementia is “the name for a group of symptoms caused by disorders that affect the brain,” says the National Institutes of Health (NIH). Various diseases, infections, strokes, head injuries, drugs, and nutritional deficiencies are frequently cited as primary causes of dementia.

About 47.5 million people worldwide are currently living with dementia. This figure is expected to double every 20 years, climbing to 74.7 million in 2030 and 131.5 million in 2050, according to an Alzheimer’s Disease International report. Startlingly, every four seconds a new case of dementia is diagnosed.

Alzheimer’s disease accounts for 60 to 80 percent of dementia cases. Vascular dementia is commonly thought of as the second most frequent type of dementia, followed by LBD. As a degenerative disease, dementia in most of its forms is irreversible, although prescription drugs on the market can slow its progression or minimize its symptoms.

What Is Lewy Body Dementia?

As a general term, LBD can be divided into two related forms: Parkinson’s disease dementia and dementia with Lewy bodies. Whereas early symptoms of these two conditions differ, the fundamental brain changes are the same. “Over time, people with both diagnoses will develop very similar cognitive, physical, sleep, and behavioral symptoms,” says the Lewy Body Dementia Association (LBDA).

Lewy bodies are abnormal deposits or clumps of protein that develop inside neurons (nerve cells) in specific regions of the brain. When deposits build up, they damage and eventually destroy brain cells, which can lead to problems with thinking, movement, behavior, and mood.

How Is Lewy Body Dementia Diagnosed?

About 1.4 million Americans are afflicted with LBD, representing 10 to 25 percent of all dementia cases. Despite its prevalence, LBD is the most misdiagnosed dementia, often missed entirely.

As with other types of dementia, no conclusive laboratory test for LBD exists. Currently a clinical diagnosis of LBD is made chiefly through a full dementia evaluation. Only a brain autopsy can confirm a diagnosis of LBD.

Robin Williams’ autopsy report showed the presence of diffuse Lewy body disease. An ABC News article stated: “Robin Williams had a common but difficult to diagnose condition known as Lewy Body Dementia and this may have contributed to his decision to commit suicide last August [2014], according to documents included in his autopsy report.”

What Are the Symptoms of Lewy Body Dementia?

LBD is characterized by a progressive decline in a person’s mental abilities. Mayo Clinic provides a comprehensive list of signs and symptoms of LBD, including visual hallucinations; cognitive issues, such as problems with confusion, alertness, thinking, and memory; movement problems, such as slowed movement, tremors, a shuffling walk, or falls; and depression, anxiety, and apathy.

In an ABC News interview, Susan Williams, Robin Williams’ widow, spoke movingly about her husband’s struggle with the devastating symptoms of LBD. Susan also talked about the difficulty and slowness in getting an accurate diagnosis of the disease. “Lewy body dementia is what killed Robin,” she said in the interview. “It’s what took his life, and that’s what I spent the last year trying to get to the bottom of, what took my husband’s life.”

What Are the Risk Factors for Lewy Body Dementia?

Known risk factors for LBD are gender (male) and advanced age, while a potential risk factor is a family history of dementia.

Research studies provide fresh insights into risk factors for LBD. In one study, researchers found that the interaction between genes and environmental factors may increase susceptibility to developing Lewy body pathology. Also, a case-control study concluded that depression and low caffeine intake may increase a person’s risk of developing dementia with Lewy bodies, among other factors.

Why Is It Important to Learn About Lewy Body Dementia?

As we’ve discovered, LBD is a common neurological condition, often misunderstood and misdiagnosed. LBD can have a significant impact not only on people with LBD but also on family members and caregivers, who often shoulder the burden of caring for LBD sufferers.

In a People story titled “Robin Williams and the Brain Disorder That Drove Him to Suicide: What Is Lewy Body Dementia?” Dr. Alexander Y. Pantelyat, assistant professor of neurology and director of Atypical Parkinsonism Center at Johns Hopkins Medicine, remarks on the insidiousness of this illness:

“It affects your core, it affects who you are as a person. In the case of DLB and some of these other related disorders it tends to a great extent [to] affect the frontal lobe, which is really what makes us human. It’s really unbelievably devastating.”

You can learn more about Lewy body dementia by visiting the Lewy Body Dementia Association (LBDA), the National Institute on Aging (NIA), and the Alzheimer’s Association.

Full Article & Source:
The Common Dementia Condition You’ve Probably Never Heard Of

See Also:
The Con Game - A Failure of Trust

"A Guide to Dementia Caregivers"

Those with Alzheimer's/dementia require different approaches to care and tools for managing challenging behavior. 

To give you some of those tools and approaches, Senior Care Advice offers this FREE eBook written by geropsychology expert Dr. Geoffrey W. Lane, Ph.D., ABPP

Download the free book

New rules give nursing home residents more power

WASHINGTON — About 1.4 million people living in nursing homes across the country can now be more involved in their care under the most wide-ranging revision of federal rules for such facilities in 25 years.

The changes reflect a shift toward more ‘‘person-centered care,’’ including requirements for speedy development of care plans, more flexibility and variety in meals and snacks, greater review of a resident’s drug regimen, better security, improved grievance procedures, and scrutiny of involuntary discharges.

‘‘With proper implementation and enforcement, this could really transform a resident’s experience of a nursing home,’’ said Robyn Grant, director of public policy and advocacy for the Consumer Voice, a national group that advocates for residents’ rights.

The federal Medicare and Medicaid programs pay for most of the nation’s nursing home care — roughly $75 billion in 2014 — and in return, facilities must comply with government rules. The new regulations, proposed last year by Health and Human Services Secretary Sylvia Mathews Burwell, take effect in three phases. The first kicked in late last month.

They allow residents and their families ‘‘to be much more engaged in the design of their care plan and the design of their discharge plans,’’ said David Gifford, a senior vice president at the American Health Care Association, which represents nearly 12,000 long-term-care facilities.

Grant goes even farther, saying the new approach puts ‘‘the consumer in the driver’s seat.’’ Until now, she noted, a person’s care has too often been decided only by the nursing home staff. ‘‘And if the resident is lucky, he or she is informed about what that care will entail, what will specifically be done, and who will do it.’’

One controversial measure prohibits nursing homes from requiring residents to agree in advance that any disputes will be settled through a privately run arbitration process instead of the court system.

The industry association has objected, contending that Medicare officials have authority only to regulate matters related to residents’ health and safety and that an individual’s right to use arbitration cannot be restricted. The ban is on hold until an association lawsuit, to force the government to drop the provision, is decided.

Health and Human Services reviewed nearly 10,000 comments on its draft proposal before finalizing changes. Here are highlights of the requirements now in effect:

■ Making the nursing home feel more like home: The regulations say that residents are entitled to ‘‘alternative meals and snacks . . . at non-traditional times or outside of scheduled meal times.’’ Residents can also choose their roommates, which may lead to siblings or same-sex couples being together. And a resident also has ‘‘a right to receive visitors of his or her choosing at the time of his or her choosing,’’ as long as it doesn’t impose on another resident’s rights.

■ Bolstering grievance procedures: Nursing homes must now appoint an official who will handle complaints and follow a strengthened grievance process. Decisions must be in writing.

■ Challenging discharges: Residents can no longer be discharged while appealing the discharge. They cannot be discharged for nonpayment if they have applied for Medicaid or other insurance, are waiting for a payment decision, or are appealing a claim denial.

If a nursing home refuses to accept a resident who wants to return from a hospital stay, the resident can appeal the decision. Also, residents who enter the hospital have a right to return to their same room, if it is available.

A state’s long-term-care ombudsman must now get copies of any involuntary discharges so the situation can be reviewed as soon as possible.

■ Expanding protection from abuse: The definition of abuse now includes financial exploitation. Nursing homes are prohibited from hiring any licensed professional who has received a disciplinary action because of abuse, neglect, mistreatment or financial exploitation of residents.

■ Ensuring a qualified staff: Consumer groups had urged federal officials to set minimum staffing levels for registered nurses and nursing staff, but the industry had opposed any mandates and none was included in the final rule. Instead, facilities must have enough skilled and competent staff to meet residents’ needs. There are specific training requirements for caring for residents with dementia and for preventing elder abuse.

‘‘Competency and staffing levels are not mutually exclusive,’’ said Toby Edelman, a senior policy attorney at the Center for Medicare Advocacy. Person-centered care and other improvements ‘‘don’t mean anything if you don’t have the staff who know the residents . . . and can figure out why Mrs. Smith is screaming.’’

Full Article & Source:
New rules give nursing home residents more power

Ageing: The Bigger Picture

Source:
Photocrowd.com: Ageing The Bigger Picture

"Long Term Care Guide: Essential Tips for Solving the Elder Care Puzzle"

When an older adult begins to require assistance with activities of daily living, or experiences a healthcare crisis, a family may feel threatened by potential social, emotional, physical, financial, and legal challenges. Solving the long-term care puzzle is easier for a caregiver who has a guide, not only to understand a present challenge, but to foresee a potential catastrophe down the road.

This book is composed of published articles written by Elder Law attorneys and an Elder Care Coordinator, BSN with years of professional experience with the needs of older adults and their care-giving families. The practical strategies in this book will help you along with your long-term, elder care journey. Articles within each chapter discuss specific topics related to older adult advocacy including: care-giving roles dementia finances care services independence issues legal issues and more.

Available through Amazon

Let's Start the New Year With a Smile!

Three ladies were discussing the struggles of getting older.

One said, “Sometimes I catch myself with a jar of mayonnaise in my hand, while standing in front of the refrigerator, and I can’t remember whether I need to put it away, or start making a sandwich.”

The second lady chimed in and said, “Yes, sometimes I find myself on the landing of the stairs and can’t remember whether I was on my way up or on my way down.”

The third one responded, “Well, ladies, I’m glad I don’t have that problem. Knock on wood,” as she tapped her knuckles on the table. Suddenly she said, “That must be the door, I’ll get it!”

Source:
Three Ladies Getting Older...

30 Things You'll Regret When You're Older

We’d all like to live life with no regrets, and some have truly mastered that mantra. But for most, certain people and experiences slip through our fingers from time to time, and we’re left wondering “what if?” If you often find yourself in situations where you’re wondering if you should go for it or hold back, these 30 things you’re likely to regret might help you decide.

1. Being afraid of change
Change can be scary, but don’t let that stop you. Moving, traveling, ending a bad relationship, taking a new job… Putting your fear aside to take these big steps in life can lead you to greater opportunities.

2. Not learning another language
There are so many different cultures, countries, customs and languages to explore. Learning another language won’t just be fun, it will expand your knowledge and give your resume a boost!

3. Staying in a bad relationship
Spending months or years in a bad relationship is a complete waste of time. Once you get out, you’ll only wish you had made the break sooner.

4. Not using sunscreen
While you might be purposefully forgoing sunscreen in hopes of getting a golden tan, you could be seriously damaging your skin. Wrinkles, moles and skin cancer can be avoided if you protect yourself.

5. Not traveling when you had the chance
You might think, “I’ll travel in a few years when I have the time/money,” but the truth is, the older you become, the harder it is to drop everything and travel. There’s no time like the present.

6. Not exercising
You don’t need to be a gym buff to make physical fitness a priority. Regular exercise has been shown to improve overall health in numerous ways, keeping the body healthy and strong. If a gym isn’t your scene, go for a hike, take a jog, ride your bike or take yoga classes.

7. Letting society define you
Don’t let your gender, race, age, socioeconomic status, religion or anything else hold you back from following your dreams. Find your passion and be strong enough to live it, despite the opinions of others.

8. Not listening to your parents’ advice
As much as we hate when they’re right, parents do come up with good advice. Learn to really listen and appreciate their suggestions and concerns.

9. Being afraid to say “I love you”
Saying those three little words can be intimidating, but missing your chance could be devastating. If you truly feel it, let the other person know.

10. Staying at a terrible job
We all have bills to pay, and taking jobs we aren’t exactly enthusiastic about is often necessary to stay afloat. But look for a way to improve your situation instead of simply accepting it.

Full Article and Source:
30 Things You'll Regret When You're Older