Saturday, August 24, 2013

Database Technology - Educational Options


In order for businesses, colleges, and government agencies to use the information stored on computers employees must be able to retrieve the data. Setting up computer databases store all the information needed by employees. Students can learn how to work with stored information by entering a degree program in database technology.

Students can enter programs through a college's computer science or information technology department. Educational options are offered at all levels leaving students with the option to work as:


  • administrators

  • data architects

  • database librarians

and more. The curriculum worked through inside a degree program teaches how to work with computer databases to handle all areas from developing to managing databases. The wide skill set is usually taught at every level and knowledge becomes more advanced as students enter higher degrees. The use of a database has to be maintained and updated to ensure the best possible function and to use the best information retrieval methods. Employees rely on databases to work correctly so they can perform their job duties at the optimal level. Students thinking about entering education should research all of the industries options before beginning a degree program.

Learning to program and troubleshoot systems can be learned through a two-year associate's degree. Schooling stresses learning different applications and software programs. C++, Delphi, and more are some programming languages that students will become familiar with inside a degree program. Curriculum may cover topics on:


  • visual basic programming

  • database analysis

  • algorithm design

and more to provide students with an educational base of the industry. To gain a complete understanding, students need to continue education at the bachelor's degree level.

The entire industry is covered inside a bachelor's degree program. Students work through specified courses that teach them how to create, develop, and implement a database. Further study is entered to prepare students to manage and distribute stored information on databases. At this point in education students can branch out and work through a specialty within database technology. Some areas include database software, programming, design, and analysis. Curriculum changes based on the concentration students enter but all students take some general courses. Courses could include:


  • database concepts

  • microcomputer applications

  • communications

  • information systems

  • relational databases

and more. Students learn through a comprehensive degree that provides them with the knowledge to work in every area of the industry. Businesses use databases to store information on an increasing scale making education on how to operate and manipulate data a highly coveted skill.

Students who continue education at the graduate degree level should expect to be trained in advanced concepts and learn to become an administrator. Knowledge expands to include supporting, installing, and designing systems. Courses on architecture of databases and development techniques explore how to work as a leader. A PhD examines:

    database design
  • data mining

  • retrieval

  • application usage

and more. Students work through a concentration and conclude with a dissertation paper on their specialty.

Students can enter all four-degree levels and enter the field successful. The skills learned through each degree option are directly relatable to a career. Complete an accredited database technology degree program and enter the field a must have employee. Full accreditation provides proof that the program offer students the best quality education possible. Agencies like the Accrediting Council for Continuing Education and Training ( http://www.accet.org ) are approved to fully accredit schools and colleges.

DISCLAIMER: Above is a GENERIC OUTLINE and may or may not depict precise methods, courses and/or focuses related to ANY ONE specific school(s) that may or may not be advertised at PETAP.org.

Copyright 2010 - All rights reserved by PETAP.org.

Medical Alarm Systems Help Seniors Live Independently


As people grow older, a typical concern is the ability to stay independent and enjoy living at home. Unfortunately, aging bodies and minds can lead to tragic accidents, and known medical conditions may make seniors feel particularly vulnerable when on their own. A classic solution to the many potential problems of living alone as a senior is relocation to a relative's house or to an assisted living facility, but leaving home may be an unwanted and emotional experience for some. Thankfully, today's seniors and their families have an effective and sensible alternative: medical alarm systems. With a few simple components and an ease of use that makes systems virtually fool-proof, it's possible to keep reliable help on stand-by twenty four hours a day, all while retaining independence and enjoying the comfort and familiarity of home.

Medical alarm systems are useful for seniors with a wide variety of medical concerns or who face numerous health hazards, but some conditions are particularly well-suited to an alarm system. Those with heart problems or who are at high risk for heart attacks and other cardiovascular concerns can take comfort in knowing that fast help will always be on call, and seniors who experience debilitating events such as seizures or stroke can take advantage of a medical alarm system with minimal effort or physical exertion. Medical alarm systems are also great for accidents involving falls or other situations in which getting to a phone may be impossible.

The basic operation of a medical alarm system is simple and allows nearly everyone to take advantage of round-the-clock-assistance. A small device similar to an answering machine is connected both to a phone line and an electrical outlet, and a corresponding beacon device is worn by the user. Typically no larger than a book of matches, this wearable device can be hung around the neck or strung over the wrist as a bracelet, and features a button. When pressed, this button signals the in-home alarm device, and an operator is quickly connected to the home. Through the use of a loud speaker and highly sensitive microphone, the operator and user are able to communicate, and if needed, emergency first responders and family members or friends can be called. In cases where users cannot be heard or understood, a medical alarm service is likely to call paramedics to ensure the user's safety.

Most medical alarm systems operate in a similar fashion, however different models and different services are bound to vary slightly in their offerings. In particular, the policies governing how a service will respond to an emergency are likely to be distinct from one service to the next, and going over these policies before purchase is a wise choice. Users with special needs or concerns should discuss any potential issues with a system salesperson, and family members of friends should make sure the user understands exactly how their system works. When chosen wisely and used effectively, medical alarm systems can cut down on emergency response time significantly and can prove life-saving in circumstances preventing access to a phone or other method of getting help.

Of course, one of the most remarkable benefits of a medical alarm system is the peace of mind it can deliver both to users and anyone concerned about the health and safety of elderly loved ones. When seniors live on their own, the prospect of falling and breaking a hip or experiencing a serious medical emergency can detract from everyday enjoyment, and may even contribute to debilitating anxiety. Friends and family members, too, may worry about the welfare of seniors living on their own, and may struggle with finding satisfying solutions such as periodically checking in. With the help of a medical alarm system, there's no need to worry about not having access to help, making it easier for everyone to go about their business and feel secure.

Medical alarm systems are also more affordable than paying for a monitored residence in a senior care center or other facility. Buyers can expect to pay an up-front fee for the necessary equipment, and a monthly charge that covers the emergency response service itself. Discerning whether any contract periods are necessary is essential during the buying process, as users may want to discontinue service and work with a different company or solution in the future.

Achieving independent living later in life requires dedication and courage, but with the help of solutions like a medical alarm system, staying safe and feeling confident at home are far easier goals. These devices may be small, but the comfort and assurance they can provide both to the elderly and to their family and friends is considerable. With a medical alarm system, getting immediate help is never further away than the push of a button.

Tips For Getting the Best Executive Jobs


Being an executive in a company is a matter of great responsibility. As an executive, you could be given any of the profiles that are instrumental in the day to day working and progress in the company. An executive job will basically mean that you will be at a desk and you will not have much of physical strain, unless you are a sales executive.

A sales executive is different from other executives simply because they may have to move about a bit to meet clients and such. Therefore, barring the sales executive, most other executives have desk jobs and a profile that comprises of them executing whatever decisions have been taken by the management. Here are some tips to keep in mind while looking for an executive job.

Be Professional

If you are looking for an executive job in any company, one of the most important traits that you should possess and present is a maturity and professionalism that counts amongst the best in the business. An executive looks after the day to day working of the company is more often than not the face of the company. Therefore, a lot of responsibility lies on the shoulders of the executive.

Look for the Niche

Executive jobs are available in several niche professions. If you are interested in a particular profession, you would do well to search for such jobs in the said professions. Remember, get a job that you like doing and you will never be working another day.

Make a Genuine, Attractive CV

Your resume is the only document that can go to places where you cannot, so that you reach the place where you really want to. Your resume is the single document which presents your capabilities, ambitions, qualifications and earnestness to the job and is the first impression that the interviewer will have about you. Therefore, make it a point to make the resume professional and concise.

Communication Skills

Whether you are looking for an executive job, a managerial job or even a blue collar job, it is very necessary for you to have communication skills, communication skills are quite important for you to succeed in today's world. You should have decency and communication skills that actually has a good impression on the person whom you are about to meet.

These are just some of the aspects that you should keep in mind while looking out for an executive job. The best place to look for executive jobs is the Internet. The Internet has several job portals that inform the people about various kinds of jobs that are available in different companies. With the help of the Internet, you can look through a variety of jobs within a short time, which will give you an opportunity to better understand your options and help you decide which option you would like to take in.

Also, if you are looking for local executive jobs, you could go through the local media like the newspapers and magazines that are catering to the job market.

Living Options for Senior Citizens


Making the decision as to where to live depends on many things including health, move-ability and finances. We just recently went through this experience with my father-in-law. After my mother-in-law passed away two years ago, he was able to stay in his house and take care of things. He quickly deteriorated out of loneliness and age and it was soon apparent he wouldn't be able to stay in his own home. Unfortunately before anything was done about it he fell and broke his hip forcing the family to find better living conditions for him. After surgery he was moved to an assisted living center where he found companionship, activities, and decent meals three times a day. He did stay in his room for much of the time but came out for meals and a few activities.

This worked well for about five weeks and then he became restless and unhappy. We moved him to a very nice retirement home that was beautiful, a real resort. He had amazing food, a swimming pool, exercise classes, art classes, physical therapy even church was held in the facility. We thought he would thrive there, but sadly he didn't. We thought he would enjoy peers, friendship and companionship but all he wanted to do was go home. After many family meetings and much deliberation it was decided my father-in-law would move in with his daughter. He has taken advantage of services for assisted living in New Bern and has thrived for the first time since his wife passed on.

Every senior has different need, different financial concerns and different personalities. He didn't need all the social activities, he just wanted to be with family in a familiar place. He just wanted to be home and that is a great place to be.

Contribution Of Nursing Programs In The Medical Field


In any hospital, you can witness that a patient will be attended by three nurses with different uniform. Basically these all have different job designation and perform separate tasks related to patient care. This will make it easy to understand that the tasks have been divided into different types of nurses. So they will be taking different trainings with certain level of education. There are many schools, colleges, nursing homes, hospitals and universities offering various nursing programs, they educate and train the students as per their caliber.

In order to get admission in any of the nursing programs, a person must possess a sympathetic personality and have the courage to serve the humanity. If you possess such qualities and want to start a career in health care profession then you can begin a new life as a Certified Nursing Assistant. You will be provided a few weeks training and after finishing the training, an exam will be conducted. On passing the exam you will be rewarded with a certificate so you can start working as a Certified Nursing Assistant, you will be working in hospitals or with the patients individually by visiting their homes.

Licensed Practical Nurse or LPN is a second stage in nursing. To become LPN, there are advanced nursing programs with time duration of 9 months to 18 months. A high school diploma is must for the entry in this training program. You will be getting theoretical training in the class rooms and for clinical training you will be taken to the ward and will be supervised. Once you finish the training, you have to pass a licensed exam NCLEX-PN. And after passing the exam, you will be given a license so you can start working as LPN. Registered Nurse is the top rank in nursing and to become a registered nurse you need to pass a four years degree called BSN. However there is another way to become a registered nurse, all you need is to complete 2 years associate degree from a hospital or from a school, college or any recognized university. There are many hospital diplomas that also allow students to pass the associate degree but then they have to pass a licensed exam called NCLEX-RN to become a registered nurse. After getting the license you can easily start working as a registered nurse in any renowned hospitals.

Certified nursing assistants are more focused on patient care by cleaning the patients, feeding them with special diet. They may also work with the patients in their homes where a patient can be a stroke patient, in this scenario they will be helping them with changing clothes and bathing as well. They will also be checking the patient's vital signs. The Licensed Practical nurses supervise nursing assistants and work in hospitals with the patients; they prepare the injections for the patients and perform some simple laboratory tests and also check the patient's vital signs just like a CNA. The Registered nurse however monitors every aspect relating with patient care, register nurses report directly to the doctor with the observations about a patient in order to change the treatment plan.

Friday, August 23, 2013

Personal Injury Lawyer: Nursing Home Abuse


Calling a personal injury lawyer about nursing home abuse could be the first step to both a resolution to the situation as well as a settlement for the pain and damage that was caused. Unfortunately, these incidents have become far to commonplace and nursing home residents don't always have someone to turn to. Abuse and neglect of the elderly is an important problem that needs to be addressed sooner rather than later.

Contacting Legal Representation

It is important to find a personal injury lawyer with experience in this area. Each state has its own set of guidelines and regulations that need to be followed. Finding someone that has gone after nursing homes in the past and knows what it takes to pursue case will be beneficial to your situation. Choosing someone local gives you the benefit of someone that is already well versed in the local laws. If you have not already set up an initial consultation, now is the time to make an appointment.

Organize Your Information and Evidence

You want to walk into your personal injury lawyer and be able to give him or her details about the case that have been documented. You may have a notebook that lists different incidents that you have witnessed or evidence of issues and problems that took place while you were gone. If you can put this information into some type of order, by the date of the incident, it will help make things more efficient. With organized information, your legal representative can begin to research and look into the legal options you and your loved one have.

Find Out What You Need to Do

If you are not the Power of Attorney for your loved one, things might come to a stop without this person's help and consent. Talk to this person about arranging for a copy of all the medical records and information about your loved one from the nursing home. This information will be critical to your case.

You know the most about the situation. Your personal injury lawyer may ask you to go to friends and family members to talk to them about any evidence that they may have seen of the abuse or neglect. It is important that they consider testifying and sharing their information with the attorney. Before starting up these conversations, make sure that you talk to your legal representative. You want to make sure that you are following the right guidelines when it comes to these conversations.

Be Available

Throughout the process, your personal injury attorney may have questions about the case or need more information. In some cases, a law firm will have their own team of investigators. This will be beneficial to you in that they will be able to look into the situation and provide more information from an unbiased individual. When it comes to proving your case, having an investigator can be a huge advantage.

Assisted Living Can Make Life Easier


Everyone knows that at one point or another in their lives, there will be a time where they will need some type of assistance with some of their most personal duties. It doesn't matter how old you are, it is important for you to have some type of plan in place if that day arrives unexpectedly. Many older people tend to need help with bathing, walking, and with other personal habits in order to make it through the day. It can be hard to find the right kind of help when everyone else has other obligations to handle on a daily basis. If this is the case, now is the perfect time for you to start looking at assisted living facilities.

There are several different kinds of assisted living homes available. Depending on your health needs and mental state, you can choose from places that offer very minimal supervision and assistance to one that offers individualized and personalized supervision and assistance. You may be tempted to choose a place based off how enticing it looks on paper and on television, however, it would be best if you make an appointment and visit each facility. Get to know some of the current residents and find out how much they enjoy living there. Check up on the staff and their credentials. Find out how well each assisted living facility measures up with the guidelines that the state has in place. Also, find out how well the home ranks against the others in the area.

One area that many people tend to forget about until after they have chosen a particular assisted living home is the financial aspect. You don't want to make the mistake of picking a home that you feel is a great fit only to find out you can't afford it. Don't assume that Medicare or some other public health insurance is going to cover your stay at a private home. Before you choose anywhere, you need to find out what you have coverage for and what you can afford. You may want to find out what other financial arrangements can be made. Find out if payment arrangements or other financing are options are available. If you have some type of life insurance policy, contact your agent and find out if there is a provision in it for assisted living care.

When you go to visit different nursing homes, take someone with you whose opinion you trust. Find out what activities are provided and make sure you learn what the nursing staff to resident ratio is. Try to choose a place where you know that you will receive the care and attention you need. Keep in mind that the more prepared you are when it comes time to make the transition to a nursing home, the easier it will be for you to continue on living and doing things without missing a beat. This may already be a stressful time in your life and it doesn't have to be as burdensome if you are prepared.

Nursing Homes That Care About Your Loved Ones


If you ever visited nursing homes as a child or teenager, perhaps what stayed with you the most was the smell. It is unfortunate that some care centers were unable to control that. Thankfully, care facilities today are much improved. They are often beautiful facilities where hurting people are cared for and loved. If your loved ones ever need full-time care, that is the type of home to consider.

If you do have relatives who need to move into a home, it is likely a very difficult time for you. You might feel like you are betraying them, especially if they are against the move. It is important to do what is best for them. What is often best for families who are having difficulty with the process is to be with nurses that know how to help your loved one's medical needs and everyday needs.

As you look at various nursing homes, it is important for you to go in as a visitor and look at the conditions. It should not have a strong odor, the area should look sanitary, and the residents should seem happy and comfortable. Of course, there are always exceptions as some of the residence will be sicker than others. You may want to go back on a few different days to see if anything changes.

Once you visit unannounced, you may want to make an appointment to meet with the administrator to have a tour. At that time, you could also ask if you could join the residents for a meal. By doing this, you will be able to see what the food is like. Something that you will not be able to experience by visiting is everyday life for your loved one. The only way to know anything about this before choosing a home is to read reviews that have been written about certain nursing homes.

Before sending your family member to a home, you should ask if you can stay the night. This might be completely out of the question, but it does not hurt to ask. You would, of course, have to stay in your assigned room, but you could at least experience a little of what night time would be like in a particular home.

Once you feel comfortable with a home, you can have your loved one admitted. It will probably only work to send them to a home if they are compliant. You cannot really force them to go anywhere unless you have Power of Attorney. It is best if they go to a home willingly anyway.

Nursing homes should make their residents feel comfortable. You should visit every day, especially at first to make sure that everything is going well. You are your loved one's advocate when they are in a home. It is important to make sure they are getting the care and comfort that is needed.

Principle Centered Living Defined


The vast majority of us conduct our lives often unaware of the principles that govern consequences. This often leads to us wondering why things go wrong and not understanding the results we achieve.

Obviously no one is perfect; however, truly successful individuals are masters at living principle centered lives.

So, what does it mean to live this way?

The goal of this article is to help define for you the meaning of living a life in alignment with principles and also to raise your awareness to its importance in your success.

The first thing to understand is that principles exist and operate in our lives whether we are aware of them or not or believe it or not. They are unbiased and impartial in nature and simply governs the results we achieve based completely upon our choices.

By definition, principles are natural laws - these are the rules of nature. They do not change, they simply are. In other words, although you might be able to cram for a test the night before and even pass it the next day; you couldn't possibly sustain a successful living in the field of this test if you only crammed the night before. Your success would be short-lived.

It's like a farm; you can't cram on a farm because it is a natural system. You must first plant the seeds and then pay the price day in and day out to water and fertilize the earth until the crops reach maturity. Then and only then can you reap the fruits of the farm. The farm then is like principles - no shortcuts - you have to pay the price otherwise the results you achieve will not be the best that they can be.

When you live a principle centered life, your choices are based on your core values and beliefs fueled by doing what is right. In so doing the consequences you reap will always be good.

Following are a few examples of what I mean by principles.

  1. Do unto others as you would have them do unto you- this simply means that you treat other with the same type of love and respect you want others to treat you with. You do not judge and play "tit for tat", you behave the way you want others to behave - you set the example. By doing this you set things in motion that inevitably bring back to you the same treatment or better from others.

  2. You have what you have and you are where you are because of the choices you've made- this means that if you were to examine the choices you've made thus far in your life and you were honest with yourself, you would easily see that the results you have achieved are directly related to the choices you've made. Sure, you can play the blame, shame and lame game; however, it won't change the fact that your choices got you where you are today with what you have and nothing else.

  3. The more you show gratitude, the more you get to be grateful for - ever notice how the more up you are the more the universe fights to keep you up? The exact opposite is also true as you may have noticed; the more down you are the more the universe fights to keep you down. This is just a natural law - you can feel it when it's happening; however, most are powerless to do anything because they lack the awareness that they have options.

Think about these 3 concepts - principles - and you will begin to realize that they are not only true but unfailing in operation. They are not a matter of opinion or theory - they simply are and will continue to be so for eternity.

Activities for Seniors


The later years in life don't always sound too appealing. There's a lot to being old that elderly people wouldn't recommend to their younger counterparts! But, as we all know it's an unavoidable fact of life; we'll all get old some day.

That doesn't mean that you'll have to stop doing things - granted, age can limit our physical and mental abilities to some extent, but this will vary from person to person. Being old is more of a mindset - some of the most senior people in my life are also some of the most active, healthy, sharp witted people I know and they show no signs of slowing down! But Those I know who have slowed down are still looking for challenges and enjoying life.

Retiring can leave some people feeling at a loss. At a stage in life where daily work is no longer available to you, what is there to do? Seniors often find themselves with much more time on their hands day to day than they used to have. Not working can leave a pretty big void - if you see it that way at least. The best way to see it is as opportunity - you can fill that time with something you've always wanted to learn, go places you've always wanted to go and do things you couldn't have done with the commitments of work holding you back.

Traveling the world is a journey many seniors embark on and for obvious reasons. Experiencing the beauty of the earth, it's countless peoples, cultures and delights is in amongst the most rewarding experiences that life can offer - and it's never too late to do it.

Moving into a care home later on in life can add to or bring back feelings of 'uselessness'. Don't feel that you've lost anything, in fact you're gaining a great deal by moving into a nursing home - proper care, comfort and access to new things, giving more time to pursue the things you love. Do you like playing an instrument? Maybe you and some other residents could play together, form a house band and put on shows for the whole community? Or how about writing and painting? Even if these are things that you don't do now, wouldn't you love to learn? Retirement can offer that opportunity.

Some of these activities can cost little or nothing to do, so you've got nothing to lose by trying. Retirement can be a financially difficult period - but still, it shouldn't stop you enjoying life and having new experiences. Being in a care home can offer you more time and opportunity to do the things you love, plus you get the benefits of care and a safe, welcoming environment, with all the support and help you'll need to get the very best out of life.

How to Make Money As a Medical Student Using a Blog


Did you know you can make decent money from medical blogging? It's true. Hospitals, practitioners, health and wellness centers, and other medical related businesses are looking for medical bloggers. It's one of the hottest areas within the blogging world. People are hungry for information on fitness and nutrition, cancer and other illnesses, and anything that's medical related. They need information that's to the point and not filled with medical lingo. On the flip side, hospitals and other medical facilities are looking for medical writers that understand the terminology to write lengthy articles and reports to use internally and within the medical field.

Medical students you're in demand because of your expertise and hands-on experience. However, don't sell yourself short and except assignments that are $10 or less. You can make a minimum of $.30 per word and as much as $2.00 per word. Use your knowledge and make a living from your medical blog and blogging.

How to Make Money As a Medical Student Using a Blog

Start your own blog. You can start your own blog using a blogging platform such as WordPress, Blogger, Typepad, or some other system. If you're web savvy or know someone that is, you can always have a website built for you and incorporate a blog on it. However, it may be easier to take advantage of the many blogging platforms on the market.

Create a blog that's easy to navigate and user friendly. Select a pleasing color scheme and 'niche' that will attract readers. Learn SEO and incorporate keywords and phrases that will increase web traffic to your site. Use Google AdWords Keyword Tool to research and find your keywords.

Sign up with affiliates. There are many affiliate programs out there. The most popular are CJ, Google Performics, Clickbank, and Linkshare. You can sign up for free and select affiliates that match your 'niche' or specialty. You may want to sign up with affiliates that are specifically for the medical industry. Remember to find ones that match your niche market.

Peruse job sites. You're probably familiar with Craigslist but there are other job sites for freelance writers. Check out 'Freelance Writing Gigs.com and Freelance Writing.com' because you'll find listing for medical bloggers. The website "Writers Write' has a section for medical writers. Also, look at websites that are specifically for the medical industry.

Hospitals and other medical facilities. Inquire at your local hospitals and other medical facilities to see if they need medical writers. You may want to try assisted living and nursing homes as well. Try health and wellness centers because they'll look for medical writers to write on specific topics such as metabolism, heart rates, and other 'wellness' topics.

Become a member of the AMWA. The American Medical Writers Association (AMWA) was founded in 1940. It's the most professional organization for writers, editors, and other communicators of medical information. The student membership fee is $55 per year which is a good deal. Visit them at http://www.amwa.org/default.asp?id=1 to learn more.

If you love writing and the medical field, marry your two loves! You can make decent money blogging if you're willing to put in the time and effort fining the opportunities. Write thoughtful blog posts that readers will understand. Avoid using 'medical lingo' unless you're required to do so. Let's face it, medical school isn't cheap and you can use the extra money. Begin a part-time career in medical blogging, and you'll pay off your student loans in no time.

Thursday, August 22, 2013

Why Money Worries Are Keeping Seniors Up at Night and Hurting Their Health


If you are feeling like Chicken Little, you have every right to feel this way. With seniors seeing all of their hard earned nest egg disappearing they are in a crisis and they are feel the pain? This article was taken from a noted person who deals with the senior's health issues on a Daily basis.

I want to thank them for bring this issue out so many can get the help they need. If and when you are felling like you have no options think about this. You work you entire life to pay for your home, let it pay you now and not worry about what you are going to leave your family. Think about how they will feel if you are financially doing well, and can afford to live without being a burden on them.

You can accomplish this by receiving a Reverse Mortgage. It often is at the moment when an elderly patient is about to be discharged from the hospital that he or she first faces the prospect of having to pay the total long-term expenses of either nursing-home or home care services.

This easily can come to $50,000 or more a year -- at a time when the primary objective for any patient and family should be excellent care and emotional support, not a desperate fight to preserve one's income and savings. It widely is known among older Americans, their families and their friends that a long-term illness could wipe out a patient's savings. Long-term care includes many different support services aimed at helping chronically ill patients either in their homes or in a nursing home.

Medicare does not pay for long-term care. The only government assistance for the expense of long-term care is the health insurance for the poor, Medicaid. Tragically, some families would rather risk substandard facilities for their loved ones rather than choose the Medicaid option. As a former investigator for the New York State Attorney General's Medicaid Fraud Control Unit, I have seen firsthand many victims of the system.

One elderly woman, who was not poor enough to qualify for Medicaid, was exhumed from her final resting place to determine whether she had been starved to death by the operator of an illegal nursing home whose monthly fees were less than half of its licensed competitors. Unfortunately, this case is not an isolated example of a family under duress resorting to underground providers of care to shield a loved one's assets. Long-term care, whether at home or in a nursing home, often can wipe out the life savings of a chronically ill patient in one year or less.

Under current eligibility rules for Medicaid coverage of long-term nursing care, a recipient usually may not have assets in excess of $2,000. This has led many Americans to manipulate the Medicaid system by transferring assets to heirs and beneficiaries in an effort to avoid spending their life savings on nursing-home care. Some Americans, desperate to preserve an estate, have taken extreme measures such as divorce or spousal refusal, whereby one spouse refuses to pay for the long-term care needs of the other.

Some have been able to use loopholes in the Medicaid system to transfer part of their life savings before they apply for Medicaid. Others have stopped saving and simply spend all of their income without regard for the future. In effect, some people are using Medicaid as their long-term care insurer, while others who do not game the system are systematically impoverished as they pay privately for their own care.

Then, having finally qualified, these people are reduced to a state of humiliating poverty and dependence on government support. Many cannot afford to pay the transportation costs of visits from their relatives or to upgrade their living quarters. This perverse system rewards deception and punishes law-abiding citizens. Financing long-term care is supposed to be the responsibility of the patient.

In reality, the burden falls on the taxpayer, because the payments for almost 70 percent of the long-term care needs of older patients are paid for by Medicare and Medicaid. Many hardworking and independent older Americans in need of long-term care have contributed a lifetime of energy and dedication to their communities and the country. These people and their families do not want to be on medical welfare. The optimal solution for improving long-term care is a dramatic increase in the number of private payers.

The Institute for Social Economic Studies has developed a proposal to solve this problem. Under the institute's plan, every dollar paid out by the patient would protect a dollar's worth of assets from the draconian requirements of Medicaid eligibility. For example, if a patient with life savings and property totaling $100,000 spent $50,000 for long-term care, the remaining $50,000 of assets would be protected from eligibility rules, providing the patient would otherwise qualify for Medicaid. Although some of a patient's assets would be protected, all of a patient's income would be used to pay for long-term care under this plan.

In addition, to further promote private funding, this plan would protect all of a patient's remaining assets (not income) after he or she pays for three years of nursing-home care or six years of full-time home care. Under this arrangement; elderly patient not their relatives would have control over their hard earned savings and could use them to purchase personal items and luxuries currently out of reach to many. The numbers of older Americans will more than double in the next 32 years. By year 2030, the elderly will account for 20 percent of the population and number more than 80 million. It is urgent that we develop a solution for long-term care now.

If we don't act, everyone -- workers, our children, our parents and our grandparents could pay a severe price. Let's avoid this tragedy while time is still on our side by older seniors who own homes receiving proceed from a Reverse Mortgage they can shield themselves from financial disaster.

Some are having trouble sleeping, she says, others are not eating well, and a few have taken up smoking again. But most say they no longer feel in control of their financial future and well-being after the wild market swings of the past few weeks. Constant news reports on home foreclosures, bank failures, the credit crunch, a $700 billion bailout for the financial industry and the steady erosion of retirement savings have jolted anxious and easygoing types alike. But for those nearer to retirement, or living on fixed incomes, the stakes are higher-and so are stress levels. According to an American Psychological Association (APA) poll released in October, the miserable economy "significantly stressed" a whopping 80 percent of Americans in September, up from 66 percent in April. The survey compared the stress levels of more than 2,500 adults nationwide.

Among the respondents, women reportedly felt more anguish about declining economic conditions than men did-84 percent compared with 75 percent. And those over age 63 reported more stress (86 percent) than boomers ages 44 to 62 (83 percent) and those ages 18 to 29 (71 percent). However, when it came to day-to-day pocketbook issues, the youngest age group (83 percent) reported being more worried than boomers (79 percent) and those 63-plus (73 percent). A separate survey of working adults, released Oct. 27, found that 92 percent said financial worries were keeping them up at night.

The poll of 1,137 people, conducted by Com Psych, a provider of employee assistance programs, said the biggest concern for respondents was the high cost of living (30 percent),credit card debt (29 percent), mortgage payments (14 percent) and declining retirement accounts (13 percent). Alan Keck, a psychologist in Altamonte Springs, Fla., says the mounting stress his clients are carrying has "complicated their treatment." He hears growing complaints about sleep disturbances, unintended weight loss, depressed mood and obsessive thoughts. "I can tell you that the economy has played havoc with the plans of a few of my clients-everything from delaying the completion of the divorce process because of inability to sell a jointly owned house, to full-blown anxiety and depression syndromes over threatened loss of retirement savings," he says.

For older workers, a declining portfolio can be enough to provoke fear and panic. One woman in her 60s, who is planning to retire in two years, says she gave in to that fear two weeks ago when she bailed out of the stock market and opted for safer investments in money market funds and CDs. "I was constantly worried that I might lose what I've built up," says the woman, a publishing industry professional who asked to remain anonymous. "I don't know if I did the right thing by pulling out of the market; we'll see how things shake out.

I just wanted to preserve what I had. Uncertainty when you're nearing retirement is very stressful." So in closing I want to again thank them for posting this article to help seniors around the world know that they are not alone. To find out how you can increase the money you need for retirement and how a Reverse Mortgage can help stabilize your future see the facts.

Affordable Assisted Living Alternatives to Nursing Homes


Advantages Choosing Residential Assisted Living over Nursing Homes

Making the leap from living at home to living elsewhere is a decision that shouldn't be taken lightly. Most people will eventually face the dilemma of having to move either to a nursing home facility or an assisted living facility - and there is a big difference between the two. There are many advantages to choosing residential care homes over nursing homes or other facilities.

Home Environment

The biggest advantage that care homes have over nursing facilities is the home environment that residents experience. Not to impugn the nursing home industry as a whole, nursing homes provide a hospital type of setting that is clinical and not very much like living at home. Care homes offer a home-like environment that is very much like living in your own home; in fact, some residential care homes feature resident apartments, or at the very least, private rooms. In a nursing facility you will likely have a roommate and not very much space for your personal belongings.

Quality of Life

The quality of life for those who choose assisted living is typically greater than what is experienced in most nursing homes. Because the assisted living resident is encouraged to maintain their independence and remain active, these residents can enjoy their senior years to the fullest. There are activities planned for group fun or individual entertainment - and residents are further encouraged to run errands and keep appointments, entertain guests and more. Nursing facilities cannot offer this freedom.

Cost

The cost of a nursing home stay is around $4,000 each month; assisted living costs around $2,400, although it can be far less, depending on the facility that you choose. Because adult care homes usually charge a flat rate that encompasses rent, utilities, care, meals, and more - the cost of assisted living is a good value for most seniors that are covered by many private insurance companies and long term care insurance. Many nursing facilities will eventually seize and sell your home or other valuables to pay the cost of care after you have been admitted to their facilities for a certain period of time. Adult care homes do not follow those same guidelines.

If you are still independent enough to provide a certain level of self-care, but are just struggling with particular aspects of maintaining your ability to live on your own, residential assisted living or adult care homes may be for you.

Financial Abuse of the Elderly Can Often Go Unnoticed


Typically, when people think of elderly abuse, what comes to mind is negligence or rough treatment. Possibly even the more direct physical abuse that we hate to imagine but is nonetheless a part of our society. One of the most common yet least expected forms of abuse, however, is not physical but financial.

Older people find themselves in a very vulnerable position where they are unable to completely care for themselves and must depend on others for things like their finances. In some cases, putting trust in even family members or qualified caregivers is not enough to ward off the worst intentions and the financial situation is take advantage of.

Financial abuse comes in many forms. In some cases, the victim has given someone full or partial access to financial accounts, and the person steals money from them or uses the accounts for their own purposes, convinced no one will ever find out. It is a good idea to give more than one party at least the power to look into the accounts and decipher what is happening in order to limit the possibility of abuse.

In other cases, the financial abuse might be from family members who hope to gain when the elderly person dies. They may talk the victim into doing things, such as transferring property ownership and paying large amounts for something the abuser wants, or turn them against other family members in an effort to influence the will. It may even involve direct stealing of cash or valuables from the victim's home when they are sleeping or distracted.

Or, elderly abuse of a financial nature may not be so personal and up-close. Sometimes it may be con-artists or thieves seeing an easy target and striking. The sad thing is that preventing problems like these are one of the reasons caregivers are assigned in the first place, and then we have the protectors taking advantage of those they are meant to protect.

To prevent against the latter, sometimes it is simply necessary to have more than one person involved in your elderly loved ones life, and this should be the case anyways. Getting old is not easy, and we need our loved ones. It doesn't mean you have to be there all the time, but you should be there enough to notice when something is amiss.

In most cases of financial abuse, it will take someone who cares for the victim, or simply cares for just behavior, to notice something is going on and put a stop to it. Elderly people may be too disoriented and confused, too forgiving, too proud, or too frightened to take matters into their own hands. They may even simply be emotionally or physically incapable of getting in touch with an attorney. Therefore, when you notice an elderly person being taken advantage of, it is time to do the right thing and get the help of a lawyer.

A lawsuit can sometimes be filed to recover damages for those involved in the financial abuse of the elderly. Those victims may be able to regain access to the financial loss or property, and this is also the type of lawsuit where the money paid for a lawyer would also be regained. In some cases, punitive damages might be included, but unfortunately, this has become rare in cases of abuse against the elderly.

Elder Abuse and Financial Exploitation


The elderly are prone to all forms of abuse because of their frail and vulnerable nature. Elder abuse can happen in their home, in a nursing home, an extended living facility or other senior care center. Because of their known vulnerabilities, they can be especially susceptible to financial exploitation and identity theft schemes. The very people who typically commit such crimes against the elderly are the ones who are closest to them and have the opportunity to take full advantage of them.

Aside from the victim's age, elder abuse can affect every race, every socio-economic background, every religion, educational background and geographic location. Elder abuse is a global problem, plaguing nursing homes, extended living facilities and personal residences all over the world.

Unfortunately, many elder abuse victims suffer in silence. Either they have no family members or friends to turn to, or they think that their cries for help will be ignored and they fear retaliation from their abusers. Some victims of elder abuse aren't even aware that they are being victimized and so financial exploitations go undetected indefinitely or until it is too late and the damage is already done.

Many elder abuse victims remain silent because they fear the repercussions their family members might face if they are criminally prosecuted, while others are too embarrassed to admit they have lost their money to unscrupulous predators. Others fear that nobody will believe them, chalking up their allegations to hallucinations or Alzheimer's.

Financial abuse consists of theft or embezzlement of money or any other property from an elderly person. It can be as minor as taking cash from a victim's purse or wallet and as insidious and cunning as turning the victim's property over to the abuser.

It is important to be vigilant if you suspect that your loved one has fallen prey to a predator. Keep an eye out for unusual bank account activity, such as withdrawals from an ATM when the individual was at home or at a time when they could not get to a bank.

Also look for unusual debits on their account, signatures on checks that do not resemble their signature, strange credit card transactions, unpaid bills when someone else is designated to pay the bills, a lack of personal amenities, a change in spending patterns, or the odd appearance of a stranger who begins a close friendship and offers to handle the elder's finances for them.

A clue that there may be something to worry about is social isolation. If friends or family members are being denied visitation or contact with the elderly person, there might be something to worry about. Furthermore, if the elder is not able to speak freely or without the caregiver present, it may give you cause for concern.

Elder abuse can also involve telemarketing fraud, identity theft, and predatory lending. On a more intimate level, even family members can take advantage of their relatives. People empowered with "Power of Attorney" can abuse their position by taking money from the elder's bank, transferring property and even placing the elder into a long-term care facility against their will.

The elderly can be abused by family members, conservators, caregivers, trustees, representative payees, financial planners, attorneys and friends amongst others. If you suspect that you or your loved one have been a victim of elder abuse, contact a caring and compassionate estate planning attorney today before it's too late.

Sad But True Crime Stories of Elder Abuse and Identity Theft


There are too many tragic stories of elder abuse including neglect, physical, sexual or psychological abuse. Another crime against the elderly is that of "using the money or resources of an older person without their knowledge or consent to benefit yourself or another person."

Identity theft falls into that category of crimes against the elderly as strangers, or even family members and caregivers take advantage of the elderly in order to gain their long saved money, hard earned credit or well deserved benefits.

In Florida a 100 yr old man was taken advantage of by a caregiver he employed. The caregiver stole her employer's identity to set up cable television and phone number accounts. The caregiver was charged with elderly exploitation and using someone's ID without consent.

Seniors May be Vulnerable to Many Forms of Identity Theft & Financial Theft including:

- Investment fraud

- Mortgage fraud

- Check cashing fraud, either forging seniors own checks or those made payable to seniors

- Credit card fraud

- Phony charity solicitation scams

- You've won so-called "prize" money awards where they must provide information that is later used for theft

Unfortunately, identity theft, financial scams and frauds against the elderly is that far too often perpetrated by someone seniors know and trust like a caregiver or family member.

What makes the elderly likely targets for identity theft and other financial crimes?

Senior citizens may fall into one or more or all the categories below and these combinations make them attractive targets for financial crimes.

1. Some senior who planned well for retirement have more money, savings, cash reserves and home equity available.

2. Since many seniors already have what they need or have more cash available, they are less likely to be using credit. Those who aren't actively using their credit often don't check credit reports regularly.

3. Although there are many exceptions, senior citizens tend to be less "technologically savvy" and may be unaware of many of the scams that are based around Internet usage.

4. Seniors that are dependent on others care and help like retirement home staff, home caregivers and family members may be taken advantage of, as their personal information is readily available to others.

Sadly the case of identity theft of the 100-year-old man in Florida is not an isolated crime.

More True Crime Stories of Elder Abuse and Identity Theft

In Anchorage, Alaska a 57 yr old man plead not guilty to 17 counts of identity theft, fraud and criminal impersonation. He used the information of an 82 yr old man to get 7 credit cards on which he charged $34,000 in merchandise.

One elderly care provider in Hinesville, GA was arrested for financial identity theft and elder abuse. Her 43 victims range in age from 60-100.

In Birmingham, AL a CNA (certified nursing assistant) was charged with elder abuse, neglect and identity theft. She took personal information from a nursing home patient and purchased over $5,000 in goods and services.

It's not always strangers or caregivers who take advantage of seniors. A resident in a Boulder, CO nursing home was recently taken advantage of by her son and granddaughter who stole over $16,000 from her by abusing her power of attorney to benefit themselves. The granddaughter was arrested for 92 counts of identity theft and forgery.

Senior Romance - Finding Love in Your Later Years


It is never too late to find love. Just because you are 65 or older doesn't mean you cannot date and find a meaningful relationship. In fact, by going out there and finding that special someone, you are doing a great deal of good for yourself. You don't have to stop having fun because of your age! Now is just as good a time as any to go out and meet new people and rekindle your love life.

Finding other singles

If you take the time to look, there are plenty of ways to meet fellow single seniors in your community or elsewhere. Community centers generally organize socials for seniors to get together and mingle. What are your hobbies? By joining groups or clubs that bring people together with similar interests, you can potentially find a fellow member who you could end up going out with for a cup of coffee.

But your community isn't the only resource you have for finding a date. If you are reading this article, chances are you know your way around a computer. Nowadays there are plenty of online dating websites where you can browse fellow singles and fellow singles can browse you, allowing you to ensure compatibility even before you meet up in person. Don't be afraid to give it a shot - the internet, when used properly, is a great resource for getting in touch with people you could see yourself forming a wonderful relationship with.

The dating scene

Let's face it - no matter what your age, no matter how experienced you are with the dating scene, it is never easy to escape the first-date jitters, especially if you haven't done it in years. So try and put your first date in an environment that will ease the tension between the two of you. Lunches are generally better than dinners as dinners tend to be more intimate settings. If the two of you have a shared interest, try and involve that in what you plan on doing. Both book fans? Go to a public reading. Music lovers? An outdoor concert or a jazz club can be nice. Don't be afraid to be interesting with the setting of your first date. If you make it interesting you are more likely to stimulate some conversation between the two of you. Consider suggesting a group date, too - by involving more people you may be more familiar with, conversation can run smoothly.

Also be sure to have an exit strategy. There is no need to continue a date if your date makes you feel uncomfortable. Have a friend know where you are and make sure he or she will pick up their phone if you want to leave and need someone to pick you up.

Taking the first step in senior dating is not always easy. It is something people might typically shy away from. But remember that there is no need to be shy. It's your life, and if you want to be happy and find a meaningful relationship, it's up to you to make it happen.

Wednesday, August 21, 2013

The Cause of Action for Malicious Prosecution in Texas


This Memorandum is about the cause of action known as "malicious prosecution" in Texas. However, it is not exhaustive of the subject. For example, the subject of the "special damages" required in a lawsuit alleging this theory of recovery is not discussed here.

This Memorandum is designed for you to understand the framework of the cause of action in Texas and to help evaluate whether a particular set of facts presents a possible cause of action for "malicious prosecution." Other significant factors are involved, and should be evaluated, before you decide to proceed with this type of lawsuit. Keep in mind that this Memorandum discusses the law in the State of Texas, and the law may differ in your state or jurisdiction.

Actions for malicious prosecution are not favored in law. In regard to criminal prosecutions, public policy favors the exposure of crime, which a recovery against a prosecutor or a citizen filing a complaint about a crime tends to discourage. In the case of civil proceedings, a litigant should be able to have his or her rights determined without the risk of being sued for damages for seeking to enforce those rights. Accordingly, public policy requires strict adherence to the rules governing malicious prosecution actions; any departure from the exact prerequisites for liability may threaten the delicate balance between protecting against wrongful prosecution and encouraging reporting of criminal conduct or protecting the rights of a civil litigant. See Browning-Ferris Industries v. Lieck, 37 Tex. Sup. Ct. J. 851, 881 S.W.2d 288, 290-291 (Tex. 1994) which holds that there should be a strict adherence to the rules discussed in the context of a criminal prosecution.

The essential elements of a claim for malicious prosecution are: (1) the institution of proceedings against the plaintiff; (2) by or at the insistence of the defendant; (3) malice in the commencement of the proceeding; (4) lack of probable cause for the proceeding; (5) termination of the proceeding in plaintiff's favor; and (6) damages to the plaintiff. If the underlying action was a criminal prosecution, the plaintiff must also have been innocent of the charges.

If the underlying action about which there was a complaint was a civil case, the plaintiff must have been named as a party in the suit. In the context of a civil case (see also "abuse of process"), the Plaintiff must also allege and prove special damages arising from an interference with his or her person, such as an arrest or detention, or with his or her property, such as an attachment, appointment of a receiver, writ of replevin, or injunction.

In a malicious prosecution action, the plaintiff bears the burden of proving that no probable cause existed for instituting the underlying proceedings, and the law initially presumes that a defendant acted reasonably and in good faith and, therefore, had probable cause. Though a criminal defendant enjoys the presumption of innocence in the underlying proceedings, that person is not presumed innocent as a plaintiff in a civil malicious prosecution action; instead, the accuser's good faith is presumed, and the plaintiff must rebut this presumption by producing sufficient evidence that the motives, grounds, beliefs, or other information upon which the defendant acted did not constitute probable cause.

Once the plaintiff has met this initial burden, the burden then shifts to the defendant to offer independent proof of probable cause. If the plaintiff, however, does not carry this initial burden, the presumption of probable cause remains unrebutted and the defendant is entitled to judgment as a matter of law.

The definition of "probable cause" depends on whether the underlying proceeding was civil or criminal.

With respect to a civil proceeding, probable cause exists if the defendant (1) reasonably believed in the existence of the facts on which his or her claim was based; and (2) reasonably believed, or believed in reliance on the advice of counsel that was sought in good faith and given after a full disclosure of the facts within the defendant's knowledge and information, that the claim was valid. Restatement (Second) of Torts 675.

With respect to a criminal prosecution, probable cause is the existence of such facts and circumstances as would cause the belief, in a reasonable mind, acting on the facts within the knowledge of the prosecutor (complainant), that the person charged was guilty of the crime for which he or she was prosecuted.

In either case, the definition must be applied to the circumstances as they existed at the time the prosecution began. Thus, the jury in this type of case may properly be instructed to consider only events prior to the institution of proceedings in determining probable cause.

The question of probable cause does not depend on the guilt or innocence of the plaintiff, but on whether the defendant had reasonable grounds to believe, and did believe, that the plaintiff was guilty from the facts known to defendant at the time of filing the complaint. As held in a line of cases in Texas, the question is not whether plaintiff committed an offense, but whether defendant had reasonable grounds to believe that the plaintiff did. Moreover, if there is probable cause for the belief in the guilt of the plaintiff for an offense substantially similar to that for which the plaintiff was prosecuted, the defendant is not liable for malicious prosecution. Neither the plaintiff's actual innocence or acquittal nor the prosecutor's abandonment of the prosecution show or raise a presumption of lack of probable cause.

The test for determining whether probable cause existed in connection with a criminal prosecution depends on whether the defendant actually brought a formal criminal complaint or merely furnished information to law enforcement officers, who then acted independently and used their own discretion in bringing formal charges. In the former situation, the question is what the defendant honestly and reasonably thought the facts were at the time he or she filed the criminal complaint. In the latter situation, the question is what the defendant actually believed, rather than what the defendant reasonably believed. Moreover, the defendant is not liable in such a situation if he or she made a full and fair disclosure of the facts to the prosecuting authorities.

On the other hand, in the context of a criminal case, the complainant's failure to fully and fairly disclose all material information or knowing provision of false information to the prosecutor, while relevant to the malice and causation elements of a malicious prosecution action, have no bearing on probable cause. This is because the existence of probable cause depends only on the complainant's reasonable belief, based on the information available to the complainant before criminal proceedings began, that the elements of a crime had been committed. The reasonableness of such a belief is not negated by the failure to disclose fully all relevant facts to the prosecutor.

Furthermore, proof that a defendant provided false information is not sufficient. Proof that the false information ''caused a criminal prosecution'' is also required. In other words, there must be proof that the prosecutor acted based on the false information and that but for such false information the decision would not have been made. For instance, in a malicious prosecution action based on theft charges, the owners of a company planned to book guided hunts based on arrangements made by the guides, but spoke to police after becoming concerned that the guides had misappropriated a deposit. The guides contended that false information was given to the police, including knowingly false information that the business had booked several hunters and that the guides had not reserved any animals. But, even assuming the truth of these contentions, the prosecutor testified that the determinative issue for him was whether the guides had accepted money without being ready, willing, and able to perform their agreement to provide hunting guide services. Because the decision to prosecute was within another's discretion, the guides had the burden of proving that the decision would not have been made but for the false information. Even if the guides' contention was true, the Texas Supreme Court ruled that the false statements were not the determining factor in the decision to commence the prosecution. Although the guides argued that causation could be inferred from the falsity of the statements, the Court disagreed because this was not the only information that the prosecutor and the subsequent grand jury relied on in deciding to prosecute the guides. King v. Graham, 47 Tex. Sup. Ct. J. 85, 126 S.W.3d 75, 78-79 (Tex. 2003).

Significantly, the decision in the King v. Graham case raises the bar for malicious prosecution claimants a notch higher than the Texas Supreme Court's prior decisions. It appears that, in future cases, testimony from the prosecutor will be needed that, but for the false information, no prosecution would have been made. It is anticipated that it will be difficult to obtain this kind of exculpatory testimony. The defendant has not acted on probable cause in instituting a criminal prosecution if he or she knew that the plaintiff was not guilty of the charge that the defendant lodged against the plaintiff. Nevertheless, if all the objective elements of a crime reasonably appear to have been completed, the complainant has no duty to make a further investigation into the suspect's state of mind.

As a private citizen, the defendant has no duty to inquire of a criminal suspect whether he or she has some alibi or other explanation before filing charges. Once the accuser fairly discloses the facts to the prosecuting officer, the accuser has no duty to conduct further investigation.

As in most situations involving our legal rights, a case alleging malicious prosecution is subject to a statute of limitations, meaning that if you fail to file your lawsuit within a specified time period, you lose the right to do so.

The statute of limitation in Texas for a lawsuit alleging malicious prosecution is one (1) year. Tex. Civ. Prac. & Rem. Code 16.002. The statute begins to run on termination of the underlying prosecution or suit. When indictments are returned against a plaintiff for several separate, distinct offenses, the statute begins to run on the cause of action for malicious prosecution at the end of each prosecution, not at the end of the prosecution of the last offense. However, when multiple indictments are sought for the same act, the cause of action for malicious prosecution accrues when the last indictment is dismissed or the defendant is no-billed for the last time. Statutes of limitations questions are often fact-dependent, and you should consult an attorney as soon as possible when you believe that you may have a cause of action.

The discovery rule does not apply to malicious prosecution actions. In other words, the cause of action accrues, and the limitation period begins to run, when the underlying prosecution terminates, not when the plaintiff discovers that the underlying prosecution has terminated. This is because termination of the underlying prosecution is a matter of public record, and the plaintiff is charged with constructive notice of the contents of public records.

As you can see, there are a number of important issues to be determined before one decides to file a lawsuit alleging malicious prosecution. As mentioned at the outset, "actions for malicious prosecution are not favored in law," and the recent decisions of the Texas Supreme Court only underline that conclusion.

New Boise, Idaho Patio Home Community Offers Five Floor Plans and Reasonable HOA Fees


Nestled in the center of Boise, Idaho, the new community of Englefield Green is for those age 55+ and offers patio homes (town homes) for sale. This is a small development with just 84 homes, and construction began in 2007. In addition to the town homes, Englefield Green is planning an onsite assisted living section and a memory care section and just broke ground on the new 85-unit assisted living building in September, 2009. Homebuyers in Englefield Green do not have a direct connection to the onsite medical-related facilities, but they are close by if needed down the road.

Englefield Green offers five floor plans, and all homes are Energy-Star efficient. Each residence is built on one level (although some homes have a second story bonus room) and comes with an oversized, two car garage and a private patio. Current resale homes start at $179,900 and have two bedrooms, two baths and 1,320 sq. ft. The most expensive home for sale is priced at $339,900 and has a modified English Tutor design, along with three bedrooms, two baths and 2,430 sq. ft.

Open floor plans, 9 ft. to 11 ft. ceilings, gas fireplaces, large living rooms, a security system, plush carpeting, door level handles and kitchens with center islands are standard. Hardwood floors, granite tile in the baths and kitchen and upgraded lighting packages are found in the higher end properties. All residences are fully landscaped with a front yard and a backyard that is maintained by Englefield Green.??

Monthly HOA fees are very reasonable, just $92, and include the lawn maintenance, snow and ice removal and access to the clubhouse. The developer, Thompson Homes, is a family enterprise with 39 years of experience building homes in Idaho.?? Amenities are not overwhelming, but there is a new clubhouse with a community kitchen, a business center and a fitness center. A pond and walking paths create a pleasant outdoor setting.

As Englefield Green is built out, and the assisted living section is completed, there will be access to an aquatic center, and scheduled transportation and a meals plan will be offered (for a membership fee that is to be determined). There is no activities director, so residents have to keep themselves entertained.

Boise (population 585,000 in the surrounding metro area) is a growing city in southwest Idaho. Over the last few years, it has attracted more retirees, and today 30% of the population is age 46 or better. This is a safe city and has won national recognition as a place with a high quality of life. Its overall cost of living meets the national average.

Mountains are to the east, but Boise sits on a flat, high plain (2,700 ft. elevation) and has four distinct seasons. Summers can get hot with temperatures in the 90s (and very little humidity), and winter temperatures can dip into the teens, 20s and 30s. Snowfall averages roughly 2 feet per year.

Assisted Living Vs Nursing Homes


Assisted Living and Nursing Homes are two terms often used interchangeably, however this is a mistake. The two are actually very different, and a candidate for one is not a candidate for the other. The following are some differences between the two:

Assisted Living Facilities:

o Individuals in assisted living are more independent and can usually get through most of the day by themselves. They only need general help with daily activities like bathing, dressing, grooming and preparing food.

o Candidates still enjoy social activities with other people and make autonomous decisions about their day. Someone who belongs in an assisted living facility would be downright miserable in a nursing home.

o These living facilities require limited to no medical care. An ideal assisted living facility candidate would be in good health both mentally and physically.

o These facilities focus on personal privacy and self-sufficiency more so than a nursing home. Residents are able to maintain their independence in a more secure atmosphere.

o These facilities offer their clients a comfortable apartment that is luxurious and comfortable. Meals and light housekeeping are available.

o Assisted living facilities offer mature adults an alternative with care when needed and would prefer not to manage their large house anymore.

Nursing Homes:

o Those in nursing homes need a great deal more care. They usually require 24-hour nursing supervision and are generally not in good health. Nursing homes are equipped to handle patients who are not mentally or physically well.

o Nursing home patients require help with much more than three or more daily tasks - such as walking or being pushed in wheel chairs, eating, and regular medical tests.

o A nursing home is a place for someone who is unable to be cared for at home, but is not a candidate for hospital care. Although, some nursing homes are set up like hospitals to meet state requirements.

o Nursing homes also provide rehabilitation to help people gain back their independence after a serious health problem, i.e. a stroke or fall.

o Similar to hospitals, nursing home patients have little to no privacy and quite often share rooms.

o Nursing home clients are viewed as patients, not clients. They are there for the sole purpose to get well. If you or your parent is well, a nursing home would not be the ideal place. Perhaps you should investigate an assisted living facility near you.

9 Ways To Convince Donors Your Organization Has Changed (For The Better)


If you work in a school that relies on significant financial contributions to meet your yearly budgetary goals, it is possible that at some point there will be or has been a breakdown in confidence within the organization. As a result, donations have dropped, enrollment has likely declined, and school spirit is in serious jeopardy.In essence, the overall health of the organization is very poor and the prognosis isn't very good.

At these times, if the board of directors wishes to save the school, drastic measures must be taken to both "stop the bleeding" and set a new course to the future.

Below, I have suggested ten ways for schools to regain the trust and confidence once shown to it by parents, alumni, and donors.

1. New Leadership

The quality of leadership is vital to the overall success of any organization, especially a school. If your school is in dire straits, I would look at the person in charge of the day to day operations, whether he or she is called the principal, administrator, or superintendent. What has this leader done to either help or harm the community? What has he or she done to foster alumni development and what is the current status of donor relations? Has enrollment increased or decreased? All these factors are important when judging the leader. These questions can be summed up, however, when gaging the predominant "mood" of the school. If the teachers and students aren't energized and happy to be in the school everyday, I would submit that the leader is not doing a good job.

If this is the case, either something has to be done for the leader to improve dramatically in short order or a change must be made. Without the absolute commitment of the administrator, the school will continue its downward decent.

2. Apologize Without Excuses

Once new leadership (or at least a new leadership attitude) is in place, the repair work must begin. The incoming leader must quickly acclimate him or herself and find out who has been or who feels wronged by the organization. Then, the leader must reach out and do whatever it takes to bring these people back into the fold.

The leader must make this apology, even though he or she had nothing to do with the perceived injustice. The best way to do this is with a sympathetic ear and understanding words. Phrases like, "I can totally understand that would make you feel hurt," or "It makes sense that you felt we weren't being good stewards of the money" are honest and sincere expressions that will resonate with the people, without damaging the personal standing of the new leader.

Make sure not to get bogged down in excuses or details from the past. Accept that the person feels wronged and your job is to make him feel better. That's it.

Once you've got a few people back on board, word will spread, and your job of mending fences will become a little easier with momentum.

3. Make Easy Physical Changes within the Organization

I feel that easy physical changes should always precede difficult policy shifts. If your school is going to go through serious transformations in staff, procedures, and expectations, that will be difficult for some people to accept.

I have always found that if I undertake some simple physical projects, like painting, landscaping, re-arranging furniture, changing the purpose of a supply closet or classroom, or anything else that does not affect people's sense of security, but actually improves the physical appearance of the school, you will start to win them over before the tough stuff comes.

4. Honor History in New Ways

If the leader is new to the school, he or she can earn much respect and loyalty by finding a way to honor the school's past, but doing it in a way that has never been done before. This way, the leader will be both showing a respect for what came before, but also demonstrating that he or she has an eye on the future.

One example might be to create an annual award based on service to the school. This award could be named after a school founder or an important donor. This covers the "past" part, while the actual honor of the award, along with a new plaque that hangs in a prominent location is the "new" part. I did something very similar to this in the school I worked at and got great results.

5. Listen to Alumni and Donors

Another important task for new leadership in the school is to listen to alumni and donors. The leader should seek these people out and ask them a lot of open-ended questions. Let the alumni and the donors give you their unedited opinions about the school at large. Listen to them as long as they want to speak. Pay close attention and take good notes. Let them know that while you may not be able to make all the changes at once, you really appreciate their insight and will do your best to enact sensible change. This act of just opening yourself up will go a long way toward building trust and loyalty.

6. Study Successful Programs and Emulate Them

While every school has its own special circumstances, there are plenty of commonalities between educational institutions where you can find a success story to model. Do some research and talk to other leaders of similar schools. Share your story with them and find out what they did to pull themselves out of the tailspin they were in. While you may not use every suggestion, I would wager you will still find many pieces of useful advice in their experience.

7. Set Realistic Short Term Goals

Donors want to see verifiable proof of success. This is another reason why making physical changes is beneficial. Even though painting a few walls or cleaning something up won't make long-lasting improvements in enrollment or fund raising, they will show donors that "stuff is getting done." And that is good.

The leader must find a handful of areas that he or she can point to for easy success. Perhaps one goal is to improve communications. A regular newsletter, frequent email blasts, an improved website, and frequently updated bulletin boards are all ways to show that the leader is making quality communications more of a priority than it was in the past. Donors like this.

If the leader chooses to set and focus only on more long-term goals, like raising enrollment 10% for example, he will miss all of the building blocs in front of him. After the slow decline into the depths, donors and alumni, as well as parents of currently enrolled students are going to want to see more immediate signs of life. It's the reverse of the cliché, "Can't see the forest for the trees". Just remember that without individual trees, there is no forest.

8. Repair a Key Relationship(s) in the Community at Large

When I worked for the Christian school, I encountered a situation in which the relationship between the school and the local church community was dormant or in some cases, non-existent. I was shocked that there wasn't an active and dynamic support system between these seemingly cooperative groups.

One of the first things I did was to schedule private meetings with many of the key pastors involved to introduce myself and to invite them to become involved in our mission. Not everyone accepted my invitation, but some did, and we developed some very good friends from this effort.

I would guess that there are many rather obvious "missing links" in schools and non-profits out there. A new leader has the chance to, without any history, right some wrongs. If you find a person or a group that your school should be friendly with, but you aren't, I urge you to make this happen.

If you are successful in making this important connection, it will be another example to your board and donors that you are out there, changing the culture that existed before.

9. Be Appreciative

Sadly, one of the most common mistake non-profits in general and schools in particular, make is not to be appreciative of the gifts they receive. A gesture as simple as a thank you note is often forgotten.

This omission is often the reason why many donors break off their relationship with a school. I actually heard one donor once say he felt like a horse, ridden hard and then put away.

Even if a gift is many years old, if you are new to the school's leadership, you have the opportunity to say thank you again. With the "thank you" should also come the admission that you know this was (very) late in coming and you should give them your word that such omissions will not occur again. (And make sure they don't!)

Conclusion

Taking over a school in trouble is a very difficult task. The issues that put the school in jeopardy can be very serious and almost impossible to reverse. However, there are several ways that can help set your school back on a path to success.

How to Find an Assisted Living Facility


In an Assisted Living facility, support is provided to individuals that still wish to live as independently as possible but also need a hand with certain daily life activities. Housekeeping, dressing, laundry, transportation and taking medications are a few examples; there are many ways in which assistance is generally provided. Prepare a list of specific daily life activities that you would like assistance with and inquire about the services offered by each residence that you are considering.

Do an Online Search
The term 'Assisted Living' refers more to the type of care than the type of facility and for that reason, a website search will be helpful in the process of narrowing down your options. Assisted Living facilities may be available in a single family home or an apartment building or an entire community. There are many online databases that you may use to search by location, city, province or postal code.

Quality of Care and Level of Service
The provinces vary in the level of services provided under the Assisted Living umbrella so look into whether the provincial government has established regulation or if there is a standard that assisted living providers are accountable to.

In the province of Ontario, look for ORCA - Ontario Retirement Communities Association. In the absence of government regulation, ORCA has set standards of excellence in order to receive accreditation as an ORCA residence. In being accredited the facility demonstrates their commitment to providing a high quality of service to residents, staff and the public. Complete information may be found on the ORCA website.

British Columbia is the first province in Canada to regulate assisted living residences and an Assisted Living Registrar protects the health and safety of seniors in Assisted Living residences under the Community Care and Assisted Living Act. More information about the Assisted Living Act may be found on the BC Government website.

Location and Amenities
Location will be important when choosing an Assisted Living residence and in your web search you will see many community planners have already thought of that with regard to amenities. You may want to be in the heart of the city where you're close to dining and shopping or you may rather live in a quiet community in a more rural setting. Being close to family may also be important to you so make a list of your location preferences to help in your decision-making process.

Visiting and Questions to Ask
Most seniors' communities welcome visitors; look beyond the physical structure and esthetics and arrange to visit for an afternoon or even as an overnight guest. In doing so, you'll get a better feel for the community and have the opportunity to ask questions. Take a list of questions with you on your visit; here are some suggestions of things to keep in mind:

• Talk with the residents about their feelings and opinions of the community and collect references from them as well; you may want to call family members for their feedback.

• Arrange for a dinnertime visit and ask for a tour of the kitchen and also for a menu.

• Inquire about safety standards and look at stairwells and less traveled areas of the building for maintenance and cleanliness.

• Ask about the activities available and whether there's a social director on staff, ask for a calendar or a newsletter that you can take with you.

• Ask about admission requirements and application paperwork.

• Ask about the daily or monthly rates and whether there are costs for additional services like cable and telephone.

• Inquire about the average rates over the last 5-year period and about how frequently they expect to increase the rates. How much advance notice must you
give if you decide to move?

Consider Hiring an Advisor or Consultant
There are many things to consider in making the move to an Assisted Living community and an advisor or consultant can help in covering all bases. This is a big step and the most important consideration should be given to ensuring your comfort and safety. Gather all the information you can with the focus on making this period of transition as smooth as possible.

Can't I Just Deed the House to My Child and Apply for Medicaid?


It is certainly possible for a parent to sign a deed transferring complete title of the parent's home to a child. However, the parent should be very sure he or she understands the ramifications of signing such a deed.

First of all, this is a taxable gift. However, in most states there is no state gift tax to worry about, and if your total gifts during life will never exceed $1 million, you'll have no federal gift tax to worry about, either.

Second, and more importantly, you no longer own the house. That means that you're at the mercy of your child who now owns it. But you're not worried about your child kicking you out, you say? That's not necessarily the issue. What you should be concerned about is if your child gets sued because of a business deal gone bad or a car crash where the injuries exceed your child's auto insurance policy limits. You should also be concerned if your child gets divorced, with the divorce rate being as high as it is. You see, although even after you've signed the deed you may still think of your home as "your" house, it is now really an asset of your child's, and those creditors will have no problem foreclosing on "your" house and booting you out.

Third, there is the impact on Medicaid eligibility. If you or your spouse deed your home to one or more of your children, that transfer will cause a period of disqualification from Medicaid. This is called a "penalty period." The length of the penalty period depends on the value of your house. The formula the states use is this: amount of gift [divided by] penalty divisor = # of months penalty. The "penalty divisor" is a figure set by each state, roughly equivalent to the average cost of a nursing home in your state.

Example: You deed your house worth $150,000 when your state's "penalty divisor" is $5,000. $150,000/$5,000 = 30. Thus, if you applied for Medicaid the next day--or anytime prior to five years from now--you would be disqualified for the next 30 months. The only way around that is if you waited at least 5 years and then applied for Medicaid. At that point, the gift of the house would be ignored, since it is outside of the 5-year "lookback" period.

If in the above example your house were worth $350,000, the penalty period increases to 70 months! Of course, in that case, you would definitely want to wait to apply for Medicaid until after the expiration of the 5-year lookback period. If for some reason you forgot and actually did apply before the 5 years were up, you would be faced with a 70-month penalty period. There is no upper limit to the length of the penalty.

There are exceptions to the above rule that allow a transfer of the house without it causing a penalty. These exceptions will be discussed in future blogs. Stay tuned!

Tuesday, August 20, 2013

Veteran Benefits That May Help Pay For Costs of Assisted Living


There are many veterans and surviving spouses of veterans who are currently either in assisted living or are looking to move into an assisted living community; however, the costs become such a burden on the resident and often times, the family has to keep their loved one at home due to the high costs of moving their loved one into an assisted living community. What many people don't know is that there is a benefit for veterans and surviving spouses of veterans. The benefit is called Aid and Attendance and is provided by the VA. For the actual veteran, he/she can receive up to nearly $2,000.00 each month as a reimbursement for his/her expenses in assisted living.

Now, I'm not the expert on getting you the benefit, but I am the expert on giving you enough information to know if it's something that you should be looking into and where you can get more information. For the surviving spouse, he/she may be eligible for close to $1,000.00 each month as a reimbursement for his/her expenses in assisted living. Now, you or your loved one is living in a skilled nursing facility and you're wondering if the benefit will help pay for those costs. The answer is, absolutely. Most (if not all) medical expenses in fact, are reimbursable up to the cap amount that was mentioned previously.

How do you know if you qualify? Here are a few tips. The veteran will have had to be on active duty at least one day during one of the major wars such as Vietnam, World War II, or the Korean War, etc. The VA will look at your current income also. If your income is less than your medical costs (and yes, every penny of the cost of assisted living is considered a medical cost), you will be eligible to be reimbursed up to the full amount of the benefit. For example, say your income is $1,500 per month and your medical expenses are $3,000 per month. You will be eligible for a reimbursement of up to $1500 each month. This amount is paid to the veteran directly and not to the facility. Will they take into consideration that the veteran still owns a home and has other assets? Yes, however, there are legal ways to move these assets around to become eligible for the benefit. I would use the professionals to help you do this to make sure you're doing it right.

Now, how do you get the benefit? There are two ways. You can either go to the VA yourself and do all of the paperwork yourself or you can have a company help you in the process. There are pros and cons to each. If you do the paperwork yourself and work directly with the VA, it may take a while as there are several forms to be completed and if you don't submit them just right, it may delay the reimbursement. If you use a company that specializes in this process, they'll know exactly what needs to be submitted and they'll help you submit it correctly the first time (allowing you to start getting the maximum benefit). These types of companies typically charge anywhere from $500-800 to help you complete the paperwork, but that will pay off after one month of reimbursement potentially. http://va.gov is the site where you can find more information about this benefit. Put in the key word "aid and attendance."

So how do you find a company that will help you in this process? I would call an assisted living community near your home and ask them. In Utah there is a company in Salt Lake County call Senior Care Associates that does a pretty good job at this.

One final and very important piece of information. With this benefit, it's not retro-active in one sense; however, there is a form called Statement in Support of Claim found at va.gov/vaforms/form_detail.asp?FormNo=21-4138. THIS IS SO IMPORTANT! Get this form in first. From the time that the VA receives this form from you, you will be reimbursed back to the date they received this (while you're taking some time to gather all of the other necessary forms and documents to get the benefit).

After jumping through all of the hoops, you'll be grateful to have know about this benefit. Now you need to share this valuable information with others who could benefit from it.

All the Benefits That Go Along With Independent Living


Pennsylvania residents, if you are an active senior citizen you should know about the benefits that go along with Independent Living in PA. Independent Living facilities in Pennsylvania have become so much more then "life care" communities, or facilities that provide health care, security, housekeeping services, and dining services. The best Independent Housing communities provide all those services and more, excelling when it comes to creating the "lifestyle" their residents want. This includes superior dining services with flexible hours, a wealth of services and amenities that encourage residents to lead an active and healthy lifestyle with fitness and exercise, as well as educational programs, tennis and golf, and other group activities as well.

Seniors enjoy Independent Living in PA communities, as they grant the freedom from certain responsibilities and provide the option of travel, and increased leisure time to take courses or volunteering wherever one may wish. You can enjoy longer fitness workouts, pursue activities at leisure, and live your life as independently as desired. Independent Housing ensures that residents have time enjoy the lifestyle they want- lawns are mown, snow is shoveled, and housekeeping tasks are taken care of, with security services around the clock to ensure the well being and safety of residents. Whether you need someone to turn a mattress, hang a picture, or change a light bulb, someone is available to help you out.

Independent Living Facilities in PA provide exceptional medical care. They offer Brain fitness training programs (think faster, focus better, and remember more), an Electronic Medical Records System, and Smart Med Charts to keep residents in the best health. Properly trained staff and a warm family atmosphere indicate a quality retirement community for those who choose independent housing. Independent Living means that there are minimal rules and policies affecting residents- far fewer then retirement communities and assisted living facilities. Visitors are welcome all the time, and the only rules in place are those that the majority of residents desire.

Many Independent housing communities are available for seniors who wish to live in their own apartment or private housing and enjoy the freedom to do as they wish while enjoying a active lifestyle- but at the same time know that in the event of an emergency, they will receive the treatment and help necessary. Independent Living gives you the option to live in your own apartment and enjoy as much social interaction with other close by residents, while maintaining your own schedule and coming and going as you wish. Independent housing apartments and residences also ensure you are part of a safe community-you can live your life as you wish but feel secure as you go about your day. Learn more about Independent Living and other upscale retirement communities.