Elder Law Miami | Elder Lawyer Miami | David F. Anderson, P.A.

09/06/2021

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10/12/2020

ELDER ABUSE HORROR STORY

Property declared a public nuisance, ordered vacated and sold. 80-year-old owner taken advantage of, says attorney.

Judge Mark Klass of Davie Superior Court has declared a property in Coolemee as a public nuisance and ordered it forfeited and sold, court documents show.

Klass took the action on Monday against 212 Edgewood Circle after Davie County filed a nuisance-abatement complaint Feb. 24 against the defendants and the property owners, Donald Tyrone Smith, and his ex-wife, Carolyn Ann Privette Smith.

Under Klass' order, the property also must be vacated until it is sold.

State law allows local governments to file lawsuits against property owners and present evidence in court that their properties pose a public safety risk.

The property has been the site of Illegal drug use and sales, fights, assaults, prostitution and loud and profane language, according to court documents.

The property constitutes "a general nuisance, and in the interest of public morals and the health and safety of the community, and in the interest of public decency, should be condemned and abated …," Ed Vogler, the Davie County attorney, wrote in the complaint.

The lawsuit described the property as "indecent, disgraceful and intolerable" for nearby residents.

Vogler declined to comment further about the case.

Spencer Newsome of Mocksville, the attorney representing Donald Smith, said his client has reviewed Klass' order. Smith is now staying with his daughter, Tonda Souther of Mocksville.

10/05/2020

The pandemic is plunging millions back into extreme poverty
It could take years for them to escape again

10/05/2020

Will the economic and psychological costs of covid-19 increase su***des?

WHEN AMERICA’S Centres for Disease Control and Prevention (CDC) carried out a survey this summer, it found that one in ten of the 5,400 respondents had seriously considered su***de in the previous month—about twice as many who had thought of taking their lives in 2018. For young adults, aged 18 to 24, the proportion was an astonishing one in four.

The survey, published in August, was one of a growing number of warnings about the toll that the pandemic is taking on the mental health of people. For legions, the coronavirus has upended or outright eliminated work, schooling and religious services. On top of that, lockdowns and other types of social distancing have aggravated loneliness and depression for many.

But are people acting on suicidal thoughts? It is too early to be sure. Almost all countries publish su***de statistics with a lag of a year or two; and in recent years, su***de has been declining in most, with America a notable exception. Information from police, hospitals, coroners, courts and others must be collected and carefully studied, in part because some families report events selectively, or untruthfully, in the hope that a loved one’s probable su***de will be ruled a natural or accidental death. A comprehensive picture of su***de in the time of covid-19 has therefore yet to emerge. But experts have reasons to fear the worst.

For one thing, calls to su***de hotlines are up. Some in America have seen volume multiply eight-fold, says Sally Curtin, a su***de expert at CDC. The number of young people seeking help has risen, as has the proportion in extreme distress, notes Brenda Scofield, chairwoman of Samaritans, a hotline charity, in Hong Kong. Talkspace, a New York firm that provides online therapy, says that video sessions have increased by 250% during the pandemic. The number of patients with severe anxiety is up by 40%, a leap unprecedented in Talkspace’s nine years of business. Neil Leibowitz, its chief medical officer, expects this to translate into what he euphemistically calls “a lot of downstream effects”.

A few preliminary estimates of su***des during the pandemic have emerged. Though the figures will be revised, they bode ill. An initial tally of su***des in Japan in August put the number at 1,849, a jump of 15.3% over the same period last year, the health ministry has reported. Nepal’s national police force has said su***des during the pandemic seem to have climbed by a fifth. Thailand’s health ministry fears that nearly nine out of every 100,000 Thais will have killed themselves this year, up from 6.6 in 2019, says Varoth Chotpitayasunondh, a spokesman. The ministry is setting up a new reporting system to obtain official numbers faster. “We definitely cannot wait,” he says.

10/05/2020

Rotary's Moto: SERVICE ABOVE SELF. Rotary is needed more now than ever.

09/18/2020

09/17/2020

Fighting Back against the Loneliness Epidemic

Adhering to social distancing guidelines, I placed the bag on the doorknob, knocked three times loudly, and quickly stepped back six feet

Nothing.

I knocked once again and placed my ear by the door. The faint sound of footsteps informed me that “Mr. Roberts” (a pseudonym) was making his way to the door, hindered by the shuffling gait caused by his Parkinson’s disease. He opened the door and thanked me for the meal, but as usual, did not opt to say goodbye immediately. Instead, he lingered at his door and asked me about my plans for the weekend. As my mask was on, he could not read my lips to accommodate his hearing loss, so my emotive hands and eyes had the job of conveying that the banana bread I had baked for the sixth time this week was not up to par. Unbeknownst to me at first, my poor attempts to crack jokes about my lack of baking acumen were the only social interaction Mr. Roberts would have until his next Meals on Wheels delivery on Monday. Amidst the amalgamation of stay-at-home orders, senior centers closing, and nursing homes preventing visitors, the number of older adults experiencing loneliness has skyrocketed. It is true that the loneliness of older adults like Mr. Roberts has been exacerbated by the COVID-19 crisis; however, it is important for us to understand that when our own stay-at-home orders are lifted, we will be free. But what about isolated older adults like Mr. Roberts? In our case, while the order comes from government officials concerned for our safety, older adults are prescribed to stay at home by their limited mobility and a lack of social support. Their lack of mobility, transportation and social support does not subside with the pandemic. There is no vaccine, or “be-all, end-all” for social isolation and loneliness in older adults. In fact, 16.8 percent of older adults are homebound. Their stay-at-home order is permanent.

But the extent of social isolation among older adults, even before the stay-at-home orders, is not all that has been uncovered by the pandemic. It has exposed everyone to the feelings and frustration that come with social distancing and a lack of social contact. As all individuals across all generations have remained at home, many vibrant social connections have been formed—especially ones that emphasize the intricacy of the intergenerational relationship. Throughout the country, socially distanced young adults and older adults have formed connections because of similar feelings of isolation. Many senior centers and nursing homes have promoted friendly conversations between students and older adults. These conversations have formed relationships that will most likely live past the pandemic and stay strong for years to come.

These grassroots, mutual aid interventions are often inexpensive and highly impactful in providing social support for older adults. The barriers to these interventions are often logistical, such as a lack of technological access for older adults or a lack of organizational help in forming these connections. Such issues can often be solved with time and attention from members of our community. Whether we cross the barriers by advocating for the distribution of technological devices to older adults who are homebound, offering community and college-based initiatives to bring these two generations together, or spreading awareness of the long-lasting stay-at-home orders that some older adults are exposed to, the result is a society that is accommodating to a human’s need for social support and interaction.

The “cure” for the loneliness epidemic that Mr. Roberts and many other older adults are facing is truly community-based. It is imperative we use whatever privilege we have, whether that is our knowledge of this loneliness epidemic that exists or our access to technology, to help the older adults around us have a voice in our society, rather than eliminate it entirely. By keeping these conversations going beyond the pandemic, not only does Mr. Roberts receive the social support that he deserves, but I also receive the wisdom and advice that Mr. Roberts takes the time to tell me.

I am looking forward to the day that Mr. Roberts and I can speak with each other without my flailing arms having to communicate my emotions or the active fear of infecting each other. Until then, our conscious efforts to support each other emotionally during this pandemic and this loneliness epidemic is a powerful connection that will last us through this crisis and beyond.

09/17/2020

Su***de Rate Keeps Rising Among Young Americans

A nearly 60% jump in su***des by young Americans since 2007 has experts alarmed and somewhat puzzled.

Su***des among children and young people aged 10 to 24 rose 57% from 2007 to 2018, according to a new report from the U.S. Centers for Disease Control and Prevention.

"The increase in youth su***de has been pervasive across the U.S. No area is immune," said report author Sally Curtin of the CDC's National Center for Health Statistics. "Hopefully, these data will inform prevention efforts."

The surge was broad: 42 states had statistically significant increases between 2007-2009 and 2016-2018. Eight had statistically insignificant increases. Thirty-two states had hikes of 30% to 60%.

In actual numbers, the su***de rate among 10- to 24-year-olds jumped from about 7 per 100,000 in 2007 to nearly 11 per 100,000 in 2018, according to the National Vital Statistics Report published Sept. 11.

Jonathan Singer is president of the American Association of Suicidology. He said the increases in su***des in 2007-2009 were likely driven by the recession, which makes the average spike in 2016-2018 a little surprising. But he did note that gun sales increased during that time.

Singer said parents need to watch for signs that their children are troubled.

"Any time that a kid makes a statement to the effect of, 'I don't think that people care if I die,' or 'I think people would be better off if I weren't around,' you've got to take it seriously," said Singer, an associate professor in the School of Social Work at Loyola University Chicago.

Also, he said, if a young person withdraws from usual activities or is bullied on social media, it shouldn't be ignored.

Singer cited some places to reach out for help. Among them: the Crisis Text Line and the National Su***de Prevention Lifeline. For LGBT young people, there's the Trevor Project. For college students, campus counseling is often available, and if you're in the military, there's the Veterans Crisis Line.

Because su***de is often impulsive, getting immediate help can defuse the impulse to kill yourself, said Singer, who wasn't part of the CDC report.

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09/16/2020

ELDER LAW ISSSUE:

CAN A NURSING HOME BE A CHARITY?

Capstone is a 501(c)(3) organization. In 2013, it purchased The New Homestead, a continuing care retirement community.

There are 17 independent care units of which two receive public housing subsidies.

There are 14 assisted living apartments. Two of these units are being subsidized by Medicaid.

And, the nursing home contains 64 beds which are Medicaid certified. The private pay rate for these beds is $217 per day but Medicaid pays just $173 per day. Over 50 percent of the residents are on Medicaid.

Capstone has never denied anyone admission or discharged anyone for financial reasons. As a result, the corporation earned just 1.22 percent profit on the CCRC since its purchase in 2013.

Nevertheless, in 2017, the Guthrie County Board of Review changed the facility's property tax status from exempt to taxable. Capstone appealed.

Under Iowa law, there is a property tax exemption for literary, scientific, charitable, benevolent, agricultural and religious institutions and societies so long as the property is not leased or otherwise used with a view to pecuniary profit. Iowa Code § 427.1(8)(a).

A charitable facility for the elderly must (1) provide some level of care, as opposed to mere housing and (2) provide care on a gratuitous or partly gratuitous basis. Carroll Area Child Care Ctr. v. Carroll Cty. Bd. of Review, 613 N.W.2d 252, 256.

The Board of Review argued that Capstone was making a profit although such was shifted to a separate management company.

The Court of Appeals of Iowa reversed a lower court ruling and held that Capstone was a legitimate charitable entity entitled to a property tax exemption. Capstone Group v. Guthrie County Board of Review, 2020 WL 110296 (January 9, 2020).

09/16/2020

Strengthening all concerned

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“When you get lemons, make lemonade,” exclaims Patricia Romano, Past President of Key Biscayne Rotary Club, Florida USA. “The pandemic is a BIG LEMON!”

When COVID-19 slammed South Florida, Romano, current President Ines Lozano (in picture), and Past President Patricia Peraita mobilized their club to help an environmental non-profit turn their zero-waste mission into a way to preserve both health and jobs. Whether you’re a Homestead migrant worker or a Miami seamstress, you’re now better equipped to survive COVID-19 and keep your job, thanks to Key Biscayne Rotary’s Yellow Mask project.

Oh, and by the way: Rotary’s core message of Service Above Self is shining across Miami Dade County, and new contributions are flowing into Rotary’s Polio Plus when they are desperately needed to sustain vital disease prevention programs worldwide.

How? the Yellow Mask project, which the Key Biscayne Club invites you to support. Each $20 contribution provides cotton masks, one for the donor, and two for people at high risk in Florida. Made of bright yellow cotton, the masks are imprinted with the Rotary wheel and “Service Above Self.”

Key Biscayne Rotary asked the environmental non-profit A Zero Waste Culture (AZWC) to produce the masks. The Club’s order is helping AZWC, based in Miami’s Little Haiti, to keep nine local seamstresses employed. $15 from each $20 covers AZWC’s price for three masks. Of the remaining $5, the Club sends $3 to Rotary International for Polio Plus, where it will be matched by the Gates Foundation. The other $2 goes into the Key Biscayne Rotary Foundation for other community needs.

AZWC has the capacity to make up to 1,500 masks a week, so put your order in by emailing Romano. Rotary Clubs can order in bulk, including your Club's own logo for a one-time fee, and receive all the masks.

To find out how these Rotarians made headlines by turning some anti-mask scowls into smiles underneath those yellow masks:

09/16/2020

Growing from the grassroots up:

Rotarians build capacity worldwide

Rotarians are launching sustainability projects and networks across the world as we await news of what kinds of projects will be eligible to apply for Rotary global grants under the new Area of Focus announced June 26. We’re delighted to bring you news of some of the resources being built or shared by ESRAG members.
In this issue:
• Biodiversity Task Force launches Zoom series of expert talks, networking
• Key Biscayne protects health & jobs by recycling
• District and Club Sustainability teams
• 17 champions needed NOW for Freon pilot
• "Kiss the Ground" documentary Sept. 22
• Project planning workshop Oct. 29
• Australian Rotarian launches Sustainably Social
• Can I donate yet to RI for the environment?