April 2018 Everyone Needs an Advocate—Why I Practice Elder Law
By: Miles P. Hurley Nearly everyone has a story of caring for an aging relative,
friend or neighbor; and we are certainly no exception. Each of us at Hurley
Elder Care Law has been involved in the care of an older or disabled loved one,
and many of you know my story of my aging loved ones. My work with older adults is my professional
passion and mission, but it’s also very personal. There have been several of my
family members who have gone through the decline in functional capacity, who
needed help with ADLs and who required assistance till the end of their lives.
Caring for “Da,” my mother’s father, was my first experience with elder care. “Da,” or Colonel James O. Andes, was born in
1899 in east Tennessee. He was a well-educated
man and a scientist. He traveled the
world teaching people in different countries how to grow various plants and how
to keep those plants alive through harvest.
Though he was older than most, he served in the chemical warfare service
during WWII.
One of the most amazing stories that I remember from my
childhood is the one about Da having died.
While serving in the Philippines during the war, his ship was struck by
enemy fire. He was presumed dead and my
mother’s family was notified of his death.
In actuality, he had been able to jump off of the ship and into the sea. He did have burns on a good part of his body,
but he did survive. One can only imagine
the relief that my mother, grandmother and aunt felt when they found out more
than two weeks later that he had survived.
I was fortunate as a child to have grown up living right
next door to this wonderful man. He
spent many days teaching me woodworking in his basement, how to split logs, how
to repair small engines and how to create a wonderful garden. If I had done a good job of helping him, my
reward was a Coke and a quarter. Any time
that I was feeling poorly, especially during the winter, I would go to his house
and spend hours just lying on the floor in front of the fireplace. There was always a nice warm fire going and
that was what I found comforting. Da
would always make sure to keep plenty of wood at the ready to keep the fire
going on a twenty-four hour basis.
During my early adult years, I had moved away from my
hometown and did not see Da very frequently, though I did talk with him from
time to time. In a way, I just took it
for granted that he would always be there.
After finishing law school, I headed back to Tennessee to practice. While I was working to get on my feet, I
actually lived in my grandparents’ house with them. This is when I first noticed that Da was not quite
the same as he had always been. In
retrospect, that should not have been unexpected as he was now in his 90s. The day that I first realized that things had
really changed was when I came home one day and found that he had burned many
of the letters that I had exchanged with family and friends over the previous
ten years.
You see, Da had given me one of his prized possessions, a
Japanese flame thrower box that he had brought back from the Philippines. I had used the box to house many of my
mementos and communiqués. In a seeming
stupor one day while I was working, he rifled through the box and burned many
of its contents. I was very upset, but
soon realized that he had no idea about what he had done. After some testing, it was determined that Da
had suffered some mini strokes (TIAs).
With that being the case, the rest of my mother’s family
decided that my grandparents could not be left in the house by themselves
during the day. My true introduction to
paid home care followed. Even with a
paid caregiver in the house during daytime hours, Da was still bound and
determined to keep doing the things that he always did: from working in the
garden, to tinkering in the laboratory, to doing projects in the workshop. The laboratory and workshop were in the
basement of the house. Getting to the
basement required either going outside and walking around or going down a set
of dubious wooden stairs (a set of stairs that I had fallen down as a child due
to the fact that at the time there was no railing).
One day when I was out working in a remote courthouse and
well before cell phone coverage was what it is today, Da decided that he needed
to do some things in the basement. He
turned on the light at the top of the stairs and started to walk down. At some point along the way, he slipped and
fell. The fall was a bad one. He cut his head open and was bleeding
profusely. Doing what she had to do, the
daytime caregiver called 911 and the EMTs came.
Even though the primary care physician had a Living Will and DNR order
in his file, when the EMTs arrived, they had to revive Da. I found out what had happened later in the
day and went to see him in the CCU at the hospital. Da was not conscious, he was hooked up to
many tubes and monitors and he was just lying there in a fetal position. It was one of the saddest sights that I have
ever seen. He spent the next two weeks
there, during which time he regained consciousness before being discharged to a
skilled nursing facility four blocks down the street.
As you can imagine, he was never the same again. Every time that I went to visit him, he had
no idea who I was. He thought that I was
one of the members of his unit and that we were in the Philippines fighting the
Japanese. I was much more fortunate than
most of the other residents in the facility, who he thought were the
Japanese. With that being the case, most
days Da was left sitting in a wheelchair in restraints. This was a horrible sight to me, seeing this
proud man in such an undignified setting.
Not only was he restrained, but much of the time he was wearing only a
white undershirt and underwear or a diaper.
This does not even get into the setting of the facility, which always
reeked of urine and there never seemed to be anyone around to tend to Da’s
needs.
My grandparents were fortunate in that they had saved enough
money to be able to pay for Da’s care and my grandmother’s care later. But just being able to afford care does not
mean that the care is good or that there is any true quality of life
remaining. The last year of Da’s life
was not good and I cannot imagine anyone wanting to live that way, restrained,
not knowing where you are and in an impersonal institutional facility. I knew that there had to be a better
way. This was just one of the life
experiences that led me to want to advocate for people as they reach the last
stages of their lives. I miss Da and
treasure all of the influence that he has had on me.
The work that we do is a privilege, and we
are committed to helping families find, get, and pay for good care. If you are interested in learning more about
how we help families, please join us at one of our speaking events (http://hurleyeclaw.com/events/) or
call our office at (404) 843-0121 for your complimentary consultation.
| |
Family Business
With the arrival of Spring (and the pollen) in Georgia, there is no better time to travel! Last week we had several Hurley employees enjoy spring break with their families visiting other parts of the county. Paul and his family took a trip to Colonial Williamsburg where they explored our rich history. Amanda and her family drove to Chattanooga, TN and Lookout Mountain for beautiful sites. Keesha and her boyfriend went to Naples and Coral Gables, FL for fun in the sun. We are glad that everyone had a great time and made it back safely!
|
|
|
Upcoming Speaking Events and CEsContinuing Education (CE)
*All CE topics are certified for case managers, nurses and social workers
Healthcare professionals are being challenged with meeting the needs of an older population that is living longer with more complex issues and fewer family supports than ever before. Do you ever feel overwhelmed/lost when dealing with this population? This seminar will offer guidance for professionals dealing with the new aging family. We will explore elder orphans, elderly immigrants, and blended families.
5:30 PM-6:00 PM Registration and Dinner, 6:00 PM-7:00 PM CE Education, Brookdale Canton, 125 Riverstone Terrace, Canton, GA 30114, RSVP: brookdalecantonce.eventbrite.com
Every 67 seconds someone in the U.S. develops Alzheimer’s, and one in three seniors will die with Alzheimer’s or another dementia. The purpose of this activity is to review the basics of Alzheimer’s disease and then analyze the financial impact of the disease to families and employers as well as those affected by it. Knowing the options available and planning for the unexpected loss in functional and cognitive capacity is the best way for healthcare professionals to advise their patients and families. The earlier you plan, the more options are available. Dementia is hard enough when there is a plan in place; dementia with no plan will leave families exhausted, stressed and financially distressed.
5:30 PM-6:00 PM Registration and Dinner, 6:00 PM-7:00 PM CE Education, The Memory Center-Atlanta, 12050 Findley Road, Johns Creek, GA 30097, RSVP: memorycenter.eventbrite.com
Healthcare professionals are being challenged with meeting the needs of an older population that is living longer with more complex issues and fewer family supports than ever before. Do you ever feel overwhelmed/lost when dealing with this population? This seminar will offer guidance for professionals dealing with the new aging family. We will explore elder orphans, elderly immigrants, and blended families.
11:30 AM-12:00 PM Registration and Lunch, 12:00 PM-1:00 PM CE Education, Ridgeview Institute, 3995 S Cobb Drive, Smyrna, GA 30080, RSVP: ridgeviewce.eventbrite.com
The laws and regulations impacting healthcare providers and consumers are constantly changing, both at the federal level and within our state of Georgia. Our 2018 update will feature an in-depth review of the new Georgia Uniform Power of Attorney Act which provides greater protections for individuals executing a financial POA, the Notice of Observation Treatment and Implication for Care Eligibility Act (NOTICE Act), an analysis of Medicaid funding, as well as a look at the increase in “wrongful life” cases. We will review the 2017 Georgia legislative session accomplishments in the healthcare arena and provide a timely update on proposed federal legislation.
11:30 AM- 12:00 PM Registration and Lunch, 12:00 PM-1:00 PM CE Education, Fire Stone Wood Fired Pizza and Grill, 120 Chambers Street, Woodstock, GA 30188, RSVP: firestonece.eventbrite.com
“Do you have your documents in place?” Healthcare providers ask this question of patients and families daily and more often than we would like, the answer is “no.” What healthcare documents does everyone really need and how do they work? What are the repercussions of needing care and having no documents in place? What options do healthcare providers have when families need to take action? We will review the essential documents every adult needs including the General Durable Power of Attorney, the Georgia Advance Directive for Healthcare and various other documents that may be recommended.
5:30 PM-6:00 PM Registration and Dinner, 6:00 PM-7:00 PM CE Education, Northlake Gardens, 1300 Montreal Road, Tucker, GA 30084, RSVP: northlakegardensce.eventbrite.com
Community Presentations - Open to the PublicTuesday, April 17- Join Danielle Humphrey, JD, CELA of Hurley Elder Care Law as she presents "VA Aid and Attendance: Making the Most of Your Past Service" at The Cohen Home. The Aid and Attendance benefit is one of the VA’s best-kept secrets from our retired service men and women. Wartime veterans over age 65 who require the aid and attendance of another person to meet their needs may receive as much as $2,127 per month to help defer the cost of long-term care expenses such as home care, assisted living community fees and nursing home costs. Surviving spouses can qualify for up to $1,153 per month. Learn more about this hidden benefit and other non-service related benefits.
5:30 PM- 6:00 PM- Refreshments, 6:00 PM- 7:00 PM- Presentation
10485 Jones Bridge Road
Johns Creek, GA 30022
RSVP: Dyan Burnstein, 770-475-8787
Friday, May 11- Join Danielle Humphrey, JD, CELA, of Hurley Elder Care Law as she presents "You Don't Know What You Don't Know" at Roswell Recreation Center. The options for paying for long-term care are limited. Did you know that Medicare will not pay for home care or assisted living care? Do you know what Medicaid provides? Most families do not realize their limited options until they are in a crisis—usually when their loved one is about to be discharged from a hospital. Making decisions while in a crisis can be stressful and result in bad choices. This seminar is intended to provide information prior to a crisis. Learn how to best find, get and pay for good long-term care.
1:00 PM- 2:00 PM- Presentation
Roswell Adult Recreation Center
830 Grimes Bridge Road
Roswell, GA 30075
RSVP: 770-641-3950 For more details and a complete list of upcoming events, please visit Hurley Elder Care Law Community Education.
|
|
Elder Care Resources
Uber Health- Uber to doctor appointments even if you aren’t tech savvy.
|
|
|
Miles P. Hurley, JD, CELA
Miles P. Hurley founded Hurley Elder Care Law in 2006 to provide legal assistance to the elderly population on issues relating to aging including retaining independence, quality of life and financial security. Mr. Hurley is one of eleven attorneys in the state of Georgia to receive the Elder Law Attorney Certification, and one of approximately 400 nationwide.
|
|
|
Hurley Elder Care Law is dedicated to the process of long-term care and estate planning. Call us today for a free phone consultation with a client coordinator at (404) 843-0121. Do you have good things to say about your experience with Hurley Elder Care Law? If so, we would appreciate a review on Avvo!
|
|
|
Like us on Facebook! Like us on Facebook to stay informed about our events and important elder law information.
|
|
Follow us on Twitter! Follow us on Twitter, to stay up to date on important elder law information and Hurley Elder Care Law news.
|
|
Connect on LinkedIn! Connect with us on LinkedIn for updates on our upcoming CE presentations and helpful elder law information.
|
|
|
Hurley Elder Care Law 100 Galleria Pkwy, Suite 650 Atlanta, GA 30339 404-843-0121
Satellite Offices 2011 Commerce Dr. Suite 100, Peachtree City, GA 30269 225 Creekstone Ridge, Woodstock, GA 30188 6340 Sugarloaf Pkwy. Suite 200, Duluth, GA 30097
|
|
|