The ability to drive a car is a privilege many of us take for granted.  Driving allows us to be independent and in control.  We can go where we want, when we want, without being dependent on others, whether it be our family and friends, the cab driver, or mass transit operators.  Remember that sense of freedom upon obtaining that first driver’s license?  WOW, did we feel grownup!

Imagine what it would be like to lose this privilege.  This is a reality many senior citizens face.  Although drivers ages 16 to 25 are on the high end of the accident range, studies show that drivers over the age of 75 are in accidents at comparable rates.  Often times an accident, even if it’s a non-injury fender bender, will alert the individual that maybe he or she should no longer be driving.  But if the individual does not recognize their potential danger on the road, what can be done to ensure their safety and the safety of others?

Kansas
In Kansas drivers between the age of 21 and 64 years of age receive a license that is valid for 6 years.  Drivers who are 65 and older must renew their license every 4 years.  In addition to the vision test, unlike those under 65, those 65 and older must pass an open book examination relating to traffic signals and laws.     
Family members, medical professionals, law enforcement officers and concerned citizens, who believe an individual poses a risk, can request a Driver Evaluation be made by the Kansas Department of Revenue, Division of Vehicles, Medical/Vision Unit.  However, there is no duty to make such a report.  Although the report cannot be made anonymously, the reporting individual’s name is confidential, unless required by a court.   If a reevaluation is warranted, a DMV approved officer will conduct an examination which consists of an interview and may also include a vision test, a written test and/or driving test.   
Following the examination, the officer will determine whether any action should be taken, such as restrictions, suspension or revocation.  Should the individual continue to drive on a cancelled, suspended or revoked license, such person shall be guilty of a class B nonperson misdemeanor which carries a sentence of at least 5 days’ imprisonment and a $100 fine and upon a second conviction shall not be eligible for parole until serving 5 days’ imprisonment. 

Missouri
In Missouri drivers between the ages of 21 and 69 years of age receive a license that expires every 6 years.  Those 70 and older must renew their license every 3 years.  A road sign recognition test and vision test is required for drivers of all ages. 

Missouri has a Driver Condition Report that is similar to the Driver Evaluation Request in Kansas.  Like Kansas, there is no mandatory reporting and the reporting party is kept confidential.  Violating a revoked or suspended license is a misdemeanor, with the first violation resulting in a fine not to exceed $300.  A second violation could result in a jail term not to exceed one year and/or a fine not to exceed $1,000.
​
Suspension and revocation of one’s driver’s license can be devastating to an individual who feels they are losing control of their life.  If there is concern, but it has not reached the level of accidents, there are a few actions that should be taken at this time.  Although it is a delicate discussion, the concerns should be discussed with the driver.  Discourage them from driving at night, during rush hour or when school is letting out for the day.  Some senior organizations and hospitals offer driver safety programs that may help older persons become better drivers.  These programs may also assess their abilities and make recommendations. 

Berger Estate & Elder Law P.A. has been serving Kansas City for over 30 years providing Trusted Counsel with Proactive Solutions. Give us a call today at (913) 491-6332, visit our website berger-lawfirm.com or stop by our conveniently located offices at 11233 Nall, Suite 140 Leawood, KS 66211 for more information.
​

Agents or individuals granted authority by Power of Attorney (POA) to act on another’s behalf are often concerned about being held personally liable for their grantee’s finances and health decisions. Well, for those concerned, there is good news coming out of New Jersey, of all places.

Recently a trial court granted a summary judgment to a nursing home resident’s agent under POA in a lawsuit filed by the nursing home for payment of the resident’s unpaid bill. The nursing home lost and ordered the nursing home pay attorney’s fees and costs to the agent.

Charles Douglas was an agent under POA for his aunt, Idella Wright. Ms. Wright entered a nursing home, and Mr. Douglas signed the admission agreement as the responsible party through POA. Mr. Douglas assigned Ms. Wright’s Social Security payments to the nursing home, but Ms. Wright died owing $18,322.

The nursing home sued Mr. Douglas for failing to timely apply for Medicaid benefits and to pay the final bill. Mr. Douglas filed a motion for summary judgment, arguing that he was not personally liable. The court held that the claim Mr. Douglas was forced to defend was unreasonable.

​While the authority to determine who’s responsible to pay Medicaid recovery costs is both responsible to the State and Federal governments, Kansas and Missouri both prohibit nursing homes from requiring third-party representatives from paying unpaid bills. This should reassure anyone considering or who is agent for someone else’s medical and financial decisions, that they won’t be stuck with the bill for being a good steward.

​Berger Estate & Elder Law P.A. has been serving Kansas City for over 30 years providing Trusted Counsel with Proactive Solutions. Give us a call today at (913) 491-6332, visit our website berger-lawfirm.com or stop by our conveniently located offices at 11233 Nall, Suite 140 Leawood, KS 66211 for more information.

Video monitoring has become a reality for many families and caregivers caring for loved ones. These systems provide security and comfort for those who have the responsibility of looking after their elderly parents. Whether it be in their own home or a community, monitoring allows care givers to check in on loved ones in real-time and the ability to go back, and check on what has occurred during the previous days, weeks or months.

​The benefits of such a system are great for those who are concerned about their loved ones staying active in their home or for more specific activities like eating meals and taking medications at the right time of day. Additionally, for those hiring homecare services and nursing, it can be essential to have an extra accountability mechanism, to look after those who look after yours.

Recently, we have had clients use this type of technology to monitor the care their spouse was receiving in a senior community, when their intuition told them something wasn’t right. This recently happened when a spouse was concerned his wife wasn’t receiving the care he was being told she was. The situation began when his spouse started having bed sores, in addition to the sheets not being changed for over a week. As he reviewed the footage of the video that was recorded, it was confirmed that the community was not coming in during their specified times or regularly changing out her bedding.

There are no laws to date across Kansas and Missouri strictly prohibiting the use of cameras in nursing homes or long-term care communities. However, some communities may have privacy laws agreed upon per resident contracts, preventing the recording of patient care. If this is the case with a community you are considering for one of your loved ones, this may be cause for concern.

When speaking with our state Ombudsman office this week they mentioned a senate bill proposed by The Committee of Public Health and Welfare that would implement changes in the law if passed. However, the bill died by general orders back in 2016, but is being talked about again in Topeka to possibly be brought back for consideration. Barbara Hickert, with the Kansas Long-Term Care Ombudsman Program, spoke out against the bill saying that it favors nursing homes over residents. Saying that making residents post if they are recording in their rooms could lower the standard of care for other residents.

Recently, some of our clients have used video technology by installing in the home of a parent for by her siblings. While the out of town sibling contemplated if their parent needed to be moved to a senior community, they hoped the video would show how capable their parent was living home alone. Being able to check in on their parent’s wellness from afar, would eventually provide them the confidence they needed to assure themselves that their mother could still live at home alone. The solution included further use of video monitoring and some additional needed homecare.

Before installing cameras in your parents or loved one’s homes, it’s required you receive their approval in advance. It is perfectly legal for the owner of a home to record anyone in or on their own property without their knowledge. Recordings can also be used as evidence in court and are often recommended to oversee home care/health professionals.

Many parents are concerned this type of surveillance is unnecessary and overly intrusive. However, when a comprehensive discussion is communicated between all participating parties, it is relatively easy to convince an elderly loved one that the benefits of home monitoring well outweigh the concerns one may have, keeping them safe and in the home.

Another option for in home monitoring is placing sensors in strategic locations throughout the home. Sensors are less intrusive and can be as effective as video monitoring for safety and accountability. Sensors have the capability of sending text messages, emails or even provide a phone call when your parents activity patterns are out of the ordinary. Placing sensors throughout the home in areas like a bedroom, bathroom or pill cabinet, can assure you they are getting up in the morning, haven’t fallen and are taking their medications at the right time of day.

Both of these monitoring options have become readily available and affordable to the general public. If you are interested in discovering solutions for your loved ones when it comes to their well-being both physically and financially during the later stages of life, please reach out to us with any questions you have. After three decades of work, our team has a wealth of knowledge and personal experience in finding the right solutions for our clients. 

Berger Estate & Elder Law P.A. has been serving Kansas City for over 30 years providing Trusted Counsel with Proactive Solutions. Give us a call today at (913) 491-6332, visit our website berger-lawfirm.com or stop by our conveniently located offices at 11233 Nall, Suite 140 Leawood, KS 66211 for more information.
​