Local Programs Designed to Reduce Falls in Older Adults

      Most anyone involved with seniors understands the significance and implications of falls in older adults. According to the Pennsylvania Department of aging, falls are the most common cause of injury in older adults. One out of three people over age 65 will fall at least once a year, and most falls occur in people's own homes while performing regular daily activities. Half of those who break a hip after a fall do not fully recover, and almost half of those who enter a nursing home do so because of a fall.

      The Pennsylvania Department of Aging, in partnership with the University of California at Berkeley, developed a program to help adults 50 years of age and older learn how to stay active, make their home safer, manage medications, improve nutrition and learn about other resources to reduce the risks for falls. The program, called "Healthy Steps in Motion,"consists of two, 2 hour sessions, and participants receive a booklet as part of the program. More information can be obtained at the program's web site here. An excerpt from the class booklet can be found here.

     The program is open to any of the 4.5 million Pennsylvanians over the age of 50. A University of Pittsburgh Graduate School of Public Health study conducted in 2010 and 2011 among nearly 2,000 elderly residents, discovered that the program reduced falls in elderly persons by 17 percent.

   To enroll in this valuable program, contact the local  Area Agency on Aging for the program site nearest to you. New Horizons Senior Center in Narberth is one of our local senior centers that hosts the program.

     For those interested in continuing the effort to reduce falls, nearly every local senior center has a weekly exercise program. The program at the New Horizons Senior Center in Narberth PA is called, appropriately, "Healthy Steps in Motion."  The class takes place at 10:30 AM on Mondays, and 12:45 PM on Thursdays. The cost is only $1 a session for Members, $2 a session for Non-Members.  Stop by 100 Conway Avenue, 2nd Floor, Narberth, for more information, or call 610 664-2366.

I had an opportunity to attend and participate in the Healthy Steps class, and speak with the instructor, Agnes Palena, of Ardmore PA. The idea behind the class is to gradually improve strength and health through simple movement exercises, and also to meet neighbors and socialize at least once a week. Participants are not required to complete every exercise. For example, I was able to complete some exercises with a 3 pound weight on my arm or leg, but many of my classmates forgo the idea of using a weight at all. The age of my classmates ranged from 55 to 95, and although our physical abilities differed, everyone was having a good time.  Below are some photos from my visit last week. Thanks to my classmates who helped me in my first class, and who also volunteered for pictures.

Stay well until the next post.

Bob Gasparro

 

 The New Horizons Senior Center is temporarily housed at the Narberth Firehouse. The location is 100 Conway Ave,  2nd floor, Narberth Pa.

 Here, the program director Agnes Palena (in red), is directing the class. To her right, Dot Foster and Betty Latini, both of Ardmore PA follow her lead. Can you guess which of these pupils is 95 years of age? I won't tell.

 Some exercises were simple, such as a march around the chairs. But then we had to do the same exercise walking backward (not as simple).

As you can see, some of the class wore weights on their arm or leg while conducting the strengthening exercises. However, both the size of the weight and the use of any weight at all is optional.

Rosie's Senor Jamboree in Ardmore PA - a Non-Financial Legacy

Most of the clients in our elder law practice draft a will reciting a series of bequests to family and friends. Eventually the senior passes away, the estate winds through probate, the family receives the inheritance, and it is spent within four years.

 A few friends and clients come up with innovative ideas similar to Rosie's Senior Jamboree in Ardmore, PA. A gentleman of modest means, who frequently played tennis in FDR Park in Philadelphia, serves as an example. Although he didn't have much money, he dreamed up the idea of leaving a few thousand dollars so his friends could have a tennis outing in his name after he was gone. The idea was an instant hit, and like Rosie's Senior Jamboree in Ardmore, it grew over the years. The gentleman's family helped by preparing food for the outing. His friends helped organize a "round robin" tennis tournament so players of every ability could participate. People not only donated food and helped set up and organize the event, but some even donated live entertainment! Everyone paid a modest amount to play in the tournament and attend the picnic, but the money was used to maintain and modernize the tennis courts in FDR park.The outing in his name became a tradition- a day of fun that went from dawn to dusk.

As a volunteer in the Professional Advisors' Network of the Philadelphia Foundation, a non profit "community chest," I have an opportunity to witness innovative approaches for leaving a legacy for charitable purposes. The wealthy among us might have a building at a college or university named after them, but almost anyone can establish a scholarship fund in their name. One friend from Conshohocken established his own private foundation to educate children living in his native country, India.

The notion of leaving a legacy in your name does not always involve a lot of money. Anyone with devotion and energy can invent and maintain an event like Rosie's Senior Jamboree in Ardmore. The jamboree is now in it's thirty fifth year, and the last one was on July 16th, 2014. Rosie Riley, a Lower Merion Dept. of Parks and Recreation employee, started the idea of a Senior Jamboree by having children in the park make colored place mats and fans for the local seniors. She brainstormed with others, and the event grew to include food, then entertainment. When this year's event took place last week, it was a day of free entertainment and food provided to seniors, and sponsored by several area businesses and volunteers. There were information booths, visits by local elected officials, and Rosie's friends and relatives also volunteered. Some photos of the event follow. A good time was had by all who attended.

Can you think of a non traditional legacy that you would want to leave in your name? If so, you might start planning today.

Stay well until the next post.

Bob Gasparro

Dozens of seniors filled the park to enjoy a picnic.

Tables filled with deserts supplied by local businesses and Elder Net.

Representatives from Tim Brigg's Office.

Representatives from Daylin Leach's Office.

Members of Narberth Ambulance were present, but just to enjoy the picnic.

Dozens of volunteers served seniors.

Schedule of entertainment posted.

Lower Merion Commissioner V. Scott Zelov appeared on the main stage, to welcome guests.

Beneath a shade tree, blood Pressure Screening by Bryn Mawr Hospital.

Representative Greg Vitali appeared in person to meet, and speak to his constituents.

Big Changes Coming to Pennsylvania Power of Attorney Laws.

Big changes are underway for anyone employing a Pennsylvania Power of Attorney document in Pennsylvania. Act No. 95, signed by the governor on July 2, 2014, is designed to curtail abuses by agents acting under a power of attorney, as well as allow some flexibility in the agent’s services to the principal. This new legislation applies to financial power of attorney documents only. Advance health care directives or mental health power of attorney documents are not affected. 

This legislation was the culmination of three years of work and negotiation by several groups including the Pennsylvania Association of Elder Law Attorneys (A division of the National Academy of Elder Law Attorneys), Pennsylvania Bar Association, the Joint State Government Commission, and the staff of Pennsylvania Senator Greenleaf and Representative Keller. 

The changes fall into three categories: 1. Changes in the form itself; 2. Changes in the agent’s duties; 3. Changes in the powers an agent may exercise under Pennsylvania laws. Some changes take effect immediately,  others will be implemented on January 1, 2015. 

Changes to the form itself:  Every power of attorney document must now be notarized and signed by two witnesses. The affidavits that accompany the document are also modified to provide a more explicit warning to the principal. For example, the principal is warned that the agent may have the power to give away all his property, or even change how his property is distributed upon death. A new mandated clause suggests that the principal should seek the advice of an attorney at law before signing the document.The acknowledgement for that the agent signs is also modified to direct the agent to act according to the principal’s reasonable expectations to the extent they are known, otherwise in the principal’s best interest. This change is important to elder law attorneys who may have to work with an agent to qualify a principal for Medicaid, VA benefits or some other program. Many times a principal will neither plan for, nor expect that her entire estate will be depleted by nursing  home costs when drafting the original document.  

The new law specifically provides that in most cases, a photocopy or electronically transmitted copy of a power of attorney shall have the same force as the original. Prior to this change in the law, the agent could be forced to produce the original unless the document itself stated that photocopies could be used in lieu of the original. 

Changes in the agent’s duties:  In return for increased immunity to anyone who relies on an agent acting under a power of attorney, outside parties may now demand more of an agent. Any outsider who can articulate a specific reason to suspect the authenticity of the document, or the power of the agent to perform the transactions taking place, may request from the agent an opinion of counsel that the document is legal and the agent is acting legally.The cost of obtaining that opinion is born in most cases by the agent. 

An agent must now keep records of all receipts and disbursements on behalf of the principal. The agent must produce financial records within 30 days if called upon by a court, or by the executor of the estate of the principal, or a guardian, governmental agency or any other fiduciary acting for the principal. 

An agent is still entitled to compensation for her duties under certain conditions. Any outside party who without good cause refuses to accept a power of attorney, is liable for civil damages, including the loss in the value of the principal’s property, proximately caused by the refusal to comply with the instructions of the agent. 

Changes in the powers an agent may exercise:  The new law contains a list of actions that cannot be taken by an agent unless those powers are expressly granted in the power of attorney document. Included in the list are the powers to make gifts; create, amend or revoke some trusts; delegate authority; disclaim property rights; and other powers too numerous to mention here. In the case of making gifts, there are additional limitations in a new section which redefines those powers. Under the new law, the agent cannot take any action which would create a conflict of interest between her and the principal, including saving funds so the agent receives a lager inheritance from the principal. The agent must expend funds necessary for another agent to act under an advance medical directive executed by the principal. So, if the agent under the advance medical directive needs funds to arrange for a copy of medical records or to hire a geriatric care manager or any similar medical need, the agent under the financial power of attorney must comply with that request. 

This is not a complete review of the new law, and additional articles will follow. If you have any questions, add them to the comments and I would be happy to answer them.

Correction, 7/14/14. Previous editions of this post indicated the law was still on the governor's desk. In fact, the legislation was signed into law on July 2, 2014 as Act 95. It modifies the existing law, and is incorporated in Title 20, Sections 5601 - 5611.

Stay well until the next post:

Bob Gasparro, Esq.

robert.gasparro@lifespanlegal.com