Beyond Legal Advice
Elder law attorneys
bring a different perspec-
tive to the delivery of serv-
ices to their clients, states
The National Elder Law
Foundation. As an elder
law specialist, I cannot dis-
pense legal advice in a vac-
uum. My client and I must
always consider his wider
f a m i l y, f i n a n c i a l a n d Joseph S. Karp,
health issues. So this
month, I’d like to offer suggestions
on two very important life issues
which, though not legal issues per
se, often have a great impact on my
clients’ welfare and in turn, their le-
gal needs.
The first issue is the importance of
avoiding falls. Use whatever walking
aides you need! According to the U.S.
Department of Health and Human Ser-
vices, in 2004 there were 26,904
The second issue concerns everyone wants to keep his or her
those caring for Alzheimer’s spouse home if at all possible. What
patients or any patient with make decisions based on the welfare
a chronic disability.
deaths due to injury among people 75
and older. Of these, 12,644—nearly
50%—were caused by falls. These
figures do not even include the falls
that led to permanent disability and
nursing home stays, with all the
attendant legal, financial, emotional
and familial trauma that ensue. I know
of one recent case where an older man
fell when he did not use his cane. He
was uninjured...but his wife was not
so lucky: When he fell he knocked her
over, causing her hip to break. She
needed surgery and had to spend time
in a rehab center.
No one wants to rely on devices like
canes and walkers. But as the above
numbers illustrate, it’s critical to get
past whatever vanity or stubbornness
prevents you from doing the right thing
for yourself and your family.
The second issue con-
cerns those caring for Alz-
heimer’s patients or any
patient with a chronic dis-
ability. A 1999 study in the
The Journal of the Ameri-
can Medical Association
found that people ages 66
to 96 caring for a spouse
who experience caregiving-
related stress, have a 63%
C.E.L.A. higher mortality rate than
non-caregivers of the same age. If
you’re a caregiver, you need to take
care of yourself as best you can! Care-
giving increases stress, weakens the
immune system and makes you more
vulnerable to disease.
Many of my clients say, My spouse
will go into a nursing home over my
dead body. Unfortunately, that is of-
ten exactly what occurs. I am certain-
ly not suggesting we abandon our dis-
abled spouses whom we love dearly;
I am suggesting is that caregivers must
of everyone in their families—includ-
ing themselves. If you get sick or die,
you won’t be able to care for your
spouse in any event. And you may end
up placing additional burdens on your
children, who will have to care not
only for your spouse but for you, too.
★ Listen to Joe Karp with
★
Anita Finley on Saturday,
June 14 from 7:30-8:00 AM
on WSBR 740AM and on the
Internet at www.wsbrradio.com.
★ Joseph S. Karp is a nationally certified
★
and Florida Bar-certified elder law attorney
(C.E.L.A.) specializing in the practice of Trusts,
Estates and Elder Law. His offices are locat-
ed at 2500 Quantum Lakes Drive, Boynton
Beach; 2875 PGA Blvd., Palm Beach Gar-
dens; and 1100 SW St. Lucie W. Blvd., Port
St. Lucie. Call him at 561-752-4550 (Boyn-
ton); 561-625-1100 (Palm Beach Gardens);
or 772-343-8411 (Port St. Lucie). Toll-free
from anywhere: 800-893-9911. E-mail: KLF@
Karplaw.com. or website www.karplaw.com