Sample Articles: August-October 2004

Elder Law – Dealing with the Human Side of Aging

By D. Marlane Porter, Attorney at Law

We live in the greatest era in the history of the world. Blessed with modern wonders such as communication, transportation, technology and medicine, we are living better, longer, and experiencing lifestyles never before known to man. Despite all our advances, however, one thing remains constant – we are all human, dealing with very human issues.

Health, money, and aging are the predominant issues on the minds of Baby Boomers today, according to a study by The National Council on Aging. In response to these concerns, a new legal specialty – Elder Law – has been created to aid people dealing with the human side of aging.

Health care choices, long term care financial issues, or end of life decisions often involve complicated legal, medical, and social issues that affect individuals and their families. Many wonder how they will care for themselves, where they will live, how to avoid outliving their money, what rights they have under existing health care insurance plans, and how Medicaid and Medicare programs can work for them.

Elder law attorneys work with our nation’s seniors on a daily basis. They understand the workings of our federal benefit programs, identify goods and services that fit specific needs, and work with families to find solutions for their loved ones.
Elder Law actually encompasses many different fields of law, including:

· Asset preservation to avoid spousal impoverishment when a   spouse enters a nursing home
· Medicaid, Medicare and Social Security benefits
· Long term care insurance
· Disability planning, delegating management and decision   making powers in case of incompetency or incapacity.
· Estate planning, management of assets during life, and at   death through the use of trusts, wills and other documents
· Conservatorships, Guardianships and Probate
· Elder abuse and fraud recovery cases

Because most elder law attorneys do not practice in every area, you will want to use one who understands enough about the other fields to know how they interact. For example, if you rewrite your will and your spouse is ill, the estate planner needs to understand Medicaid law enough to know if an inheritance will jeopardize your spouse’s Medicaid eligibility.

Elder law attorneys bring more to their practice than an expertise in the appropriate area of law. They are networked with other elder care professionals who act as a team to create the best solutions. Elder law attorneys bring concern, care, and compassion to vulnerable individuals who are dealing with the human side of aging.

D. Marlane Porter is an elder law attorney and member of NAELA (National Academy of Elder Law Attorneys).
For more information about this article or specific elder law issues, call 480.464.7024 or e-mail marline@altcshelp.com.

*Portions of this article provided by and reproduced with permission of National Academy of Elder Law Attorneys.

-------------------------------------------------------------

Finding Out If Your Fit

By Irene Stillwell, Executive Director, Arizona Senior Olympics

Studies have shown that most people, when asked what kind of shape they’re in, will reply “Pretty good” or “Fair”. Very seldom do people admit that they are in poor shape. It’s as if, in our health and beauty conscious society, nobody wants to be known as being in poor shape, even it they are.

Of course it’s not always easy to judge the shape that you’re in. Many make excuses for themselves like “Well, I’m not as young as I used to be” (who is?) or “I’m not too bad for my age”. In truth, age is not a reason to be out of shape or in bad physical condition. It’s a widely accepted fact that no matter how old you are, you can improve your physical condition with exercise.

Here’s a handy chart that was devised by noted Cardiologist Dr. James M. Rippe. To see where you fit in, you should walk it on a flat, half mile (twice around a standard ¼ track). Walk it as briskly as you can and time it accurately. Then measure the results against the chart.

Women Age:	50–59	60 +
High	6:40	7:07
Above Avg.	6:40 - 7:53	7:07 - 8:31
Average	7:54 - 9:16	8:32 - 10:29
Below Avg.	9:17 - 11:12	10:30 - 12:04
Low	11:13	12:05
Men Age:	50-59	60 +
High	6:09	6:24
Above Avg.	6:09 - 7:21	6:24 - 7:31
Average	7:22 - 8:45	7:32 - 9:00
Below Avg.	8:46 - 10:09	9:01 - 10:49
Low	10:10	10:50

You can try this out in the summer in an air-conditioned mall if they have mile markers, such as at Paradise Valley Mall. Or you can tuck the chart away for cooler weather, go to your local High School and try it out on the track. Either way you’ll learn something important about yourself. It’s good to remember that even though you may not be in the best condition right now, you can improve.

If you do, you’ll reap the benefits of better mental and physical health, and a great feeling of well-being.

For more information about getting in shape, contact Arizona Senior Olympics at 602-534-3500.

-------------------------------------------------------------

Private Lung Assessment

By The American Lung Association

The American Lung Association is now offering people who have smoked, a COPD Lung Profiler on their Internet Web site www.lungusa.org.

It is FREE and was produced to help those who have smoked learn more about their own personal lung health condition in a very private manner. Anyone over the age of 40 who has smoked may have COPD, which is better know as chronic bronchitis, emphysema or “smoker’s lung”. This is the same disease Johnny Carson has, as well as Robert Klein and Roger Clemens’ mother, Bess.

The COPD Lung Profiler is a user-Friendly interactive Web-based tool that confidentially matches an individual’s clinical information and personal preferences to a carefully selected group of peer-reviewed clinical studies. As a result, patients receive personalized information about treatment options and side effects relevant to their condition, along with helpful questions to discuss with their doctors.

COPD is the nation’s fourth leading cause of death. COPD is the only one of the top ten illnesses on the rise. COPD is a slowly progressive disease, not presenting any obvious signs until middle age. Anyone with a smoking history, who notices a constant nagging cough, excess mucus production, shortness of breath after mild exertion, may have COPD. Many of those individuals experiencing these symptoms will reduce the level of their activities to make the symptoms disappear. However, the problem is still there.

The American Lung Association has been fighting lung disease for nearly 100 years.

For more information about this article, lung disease or how you can help fight lung disease, you may contact American Lung Association of Arizona at (602) 258-7505
or visit www.lungusa.org.

-------------------------------------------------------------

Nick’s Favorite Recipes

Crab Avocado Salad

½ romaine lettuce
    Cut into pieces. Arrange on a platter.

½ cup cooked crabmeat
    Place on top of lettuce.

½ avocado, sliced
    Place on top of crabmeat.

1/8 cup sliced black olives

1 small tomato, cubed

½ small cucumber, cut into pieces

4 mushrooms, sliced

½ red pepper, sliced
   Place on top of avocado and crabmeat.

¼ cup shredded Mozzarella cheese
   Sprinkle on top.

2 artichoke hearts
   Arrange on platter. Serve with choice of dressing