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  Essential reading for professionals who advise older people
denotes premium content | Nov 21 2008 

Elderly Client Adviser archive

Volume 10 Issue 6

Editor's foreword

The general reports on hurricane Katrina have been depressing enough, but what of the impact on older people?

The body count began after a delay of six days. The ‘Homeland Security Secretary’ Michael Chertoff said that the search was going to be “about as ugly a scene as I think you can imagine”.

Perhaps rather surprisingly the nursing homes of New Orleans were apparently among the last to be evacuated, after the hospitals and the Superdome where the downtown population wound up.

At one nursing home, St Rita’s, 31 out of 80 residents died before being rescued. That’s nearly 40 per cent fatalities. We have also heard reports of care-home owners being prosecuted for murder through negligence – not very comforting.

An elderly lady was reported as having plaintively called her son every day from St Bernard’s home asking, “Are you coming son? Is somebody coming?”. NBC reported she was finally drowned on the fifth day after the flood. The Parish priest declared that “bureaucracy has committed murder here in the greater New Orleans area”.

There were, it seems, many ambulances and coaches available, even 100 surgeons and paramedics with a state-of-the-art mobile hospital “stuck in rural Mississippi”, according to the Associated Press. Even after the National Guard belatedly organised some basic food distribution, USA Today reported that despite a 90-year-old man’s son queuing up for over a mile for food and water he was only given enough for one. “It sucks. He’s 90. He can’t walk a block,” he said. A woman with ID cards for 12 old people in her care was also just given food and water for one. She was forced to queue up 12 times…

Such cases suggest death by bureaucracy. This all seems in stark contrast to the efforts made in floods and disasters affecting the UK (and even exemptions made during matters such as the fuel strike of 2000) to deal with the needs of the sick and the vulnerable first. But, especially as winter approaches, we should not be complacent, as many older people still die of cold and neglect. The hurricane and ensuing flood was also a huge disaster by any reckoning. How would we really cope in a similar situation here? What are the priorities of the strong over here in Europe when the worst happens? Dare we really criticise?

On the bright side, according to the University of Chicago our human brains are still evolving and growing generation by generation, though they still shrink with age and rattle around more loudly. But the biggest heads for a long time to come, of course, will belong to a certain cricket team. If you didn’t wangle the day off then you must be very committed indeed to the calling of elder care or possibly French.

David Coldrick
Editor
david.coldrick@wrigleys.co.uk

Features

Extending working life to ease the pension crisis Free
If one thing is certain about the so-called looming problem of an ageing population (other than death and taxes) it is that a major part of the solution will be found in extending working life. Contrary to the popular impression, there is no direct connection between living longer and spending the extra years in ill health.

Property sales under EPAs Free
Most ECA readers will have elderly or other vulnerable clients who need to sell their home and move into more suitable accommodation. Barrister Richard Dew considers some important will-related issues surrounding the sale of property under an enduring power of attorney. He flags up a significant difference between the case law on ademption in England and Wales and in Queensland Australia. It may place the attorney and their legal adviser in a quandary.

Sexuality and the law Free
The Civil Partnership Act 2004 (the Act) sets out a framework for the legal recognition of same-sex couples. The Act became law on 18 November 2004, but its provisions will only be brought into force and have effect from 5 December 2005.

Pensions A-Day countdown Free
Following on from John Dunseath’s article in the May/June issue of ECA, James Bedingfield of Rensburg Investment Management takes another look at the impending impact of A-Day, and provides a clear summary of the changes that the legislation will bring.

ECA course: Protecting the interests of older clients Free
David Coldrick, partner at Wrigleys Solicitors, continues his examination of the disregards relating to the family home. Capital that is disregarded is not taken into account by local authorities in respect of the cost of long-term care applicable to a resident.

Of courts and capacity Free
We have a new Mental Capacity Act that will hit us soon and which will introduce much needed development on the wide-ranging procedures needed to benefit our client group, but this article is not about that. Rather, it is a personal reflection on the more mundane changes that have always gone on in the background, yet directly affect the client group, their families and legal advisers but, importantly, set within a background of the development of the law relating to persons who are incapable of managing their property and affairs.

Office of Fair Trading report into care homes Free
Pauline Thompson of Age Concern considers the government’s response to the OFT study on the care-home sector.

Sponsored column: The search for beneficiaries Free
We were contacted by one of our American agents with a specific request to find a Mr Hank, a named trust beneficiary who was entitled to $35,000, but whose current whereabouts were unknown. They believed he was in Sweden in 1982 and needed to locate him. He was quite elderly, and it was entirely possible that he would already be deceased.

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