Crime Prevention Tips

Crime and the fear of crime create special problems for the elderly. Crime prevention is everyone's responsibility, not just a job for law enforcement. Seniors can learn how to protect themselves from crime by following these simple, commonsense suggestions. Share these tips with your neighbors and friends, to make it tough for criminals to work in your neighborhood.

AT HOME . . .

• Never open your door automatically. Install and use a peephole.
• Lock your doors and windows. (Three quarters of the burglaries involving older persons involved unlocked doors and windows; and, less than one half of these robberies are reported.) Keep your garage doors locked.
• Vary your daily routine.
• Use "Neighbor Watch" to keep an eye on your neighborhood. A concerned neighbor is often the best protection against crime because suspicious persons and activities are noticed and reported to police promptly.
• Don't leave notes on the door when going out.
• Leave lights on when going out at night; use a timer to turn lights on and off when you are away for an extended period.
• Notify neighbors and the police when going away on a trip. Cancel deliveries such as newspapers and arrange for someone - a neighbor's child, perhaps - to mow the lawn if need be. Arrange for your mail to be held by the Post Office, or ask a neighbor to collect it for you.
• Be wary of unsolicited offers to make repairs to your home. Deal only with reputable businesses.
• Keep an inventory with serial numbers and photographs of resaleable appliances, antiques and furniture. Leave copies in a safe place.
• Don't hesitate to report crime or suspicious activities.
• Install deadbolt locks on all your doors.
• Keep your home well lit at night, inside and out; keep curtains closed.
• Ask for proper identification from delivery persons or strangers. Don't be afraid of asking . . . if they are legitimate they won't mind.
• If a stranger asks to use your telephone, offer to place the call for him or her yourself.
• Never let a stranger into your home. Do not leave notes on your door when you are gone, and do not hide your keys under the mat or in other conspicuous places.
• Never give out information over the phone indicating you are alone or that you won't be home at a certain time.
• When you are gone for more than a day, make sure your home looks and sounds occupied . . . use an automatic timer to turn on lights, radio or TV.
• If you arrive at home and suspect a stranger may be inside, DON'T GO IN. Leave quietly and call 911 to report the crime.

WALKING . . .

• If you are attacked on the street, make as much noise as possible by calling for help or blowing a whistle. Do not pursue your attacker. Call 911 and report the crime as soon as possible.
• Avoid walking alone at night. Try to have a friend accompany you in high risk areas . . . even during the daytime.
• Avoid carrying weapons . . . they may be used against you.
• Always plan your route and stay alert to your surroundings. Walk confidently.
• Have a companion accompany you.
• Stay away from buildings and doorways; walk in well-lighted areas.
• Have your key ready when approaching your front door.
• Don't dangle your purse away from your body. (Twelve percent of all crimes against the elderly are purse snatchings and street robberies.)
• Don't carry large, bulky shoulder bags; carry only what you need. Better yet, sew a small pocket inside your jacket or coat. If you don't have a purse, no one will try to snatch it.

WHILE SHOPPING . . .

• Carry your purse very close to you . . . don't dangle it from your arm. Never leave your purse in a shopping cart. Never leave your purse unattended.
• Don't carry any more cash than is necessary. Many grocery stores now accept checks and automatic teller cards instead of cash.
• Don't display large sums of cash.
• Use checks where possible.

IN YOUR CAR . . .

• Always keep your car doors locked, whether you are in or out of your car. Keep your gas tank full and your engine properly maintained to avoid breakdowns.
• If your car breaks down, pull over to the right as far as possible, raise the hood, and wait INSIDE the car for help. Avoid getting out of the car and making yourself a target before police arrive.
• At stop signs and traffic lights, keep the car in gear.
• Travel well-lit and busy streets. Plan your route.
• Don't leave your purse on the seat beside you; put it on the floor, where it is more difficult for someone to grab it.
• Lock bundles or bags in the trunk. If interesting packages are out of sight, a thief will be less tempted to break in to steal them.
• When returning to your car, check the front and back seat before entering.
• Never pick up hitchhikers.

BANKING . . .

• Many criminals know exactly when government checks arrive each month, and may pick that day to attack. Avoid this by using Direct Deposit, which sends your money directly from the government to the bank of your choice. And, at many banks, free checking accounts are available to senior citizens. Your bank has all the information.
• Never withdraw money from your bank accounts for anyone except YOURSELF. Be wary of con artists and get-rich schemes that probably are too-good-to-be- true.
• You should store valuables in a Safe Deposit Box.
• Never give your money to someone who calls on you, identifying himself as a bank official. A bank will never ask you to remove your money. Banks need the use of your money, and they don't want one of their customers to invite crime by having large amounts of cash around.
• When someone approaches you with a get-rich-quick-scheme involving some or all of YOUR savings, it is HIS get-rich-quick-scheme. If it is a legitimate investment, the opportunity to contribute your funds will still be there tomorrow-after you have had time to consider it.
• If you have been swindled or conned, report the crime to your local police or Prosecuting Attorney's office. Con-artists count on their victim's reluctance to admit they've been duped, but if you delay you help them get away. Remember, if you never report the crime, they are free to cheat others again and again and you have no chance of ever getting your money back.

New Resource Available for Seniors and Their Families

Seniors now have a new resource to help them age successfully. Attorney David Wingate, CSA, with the Law Office of David Wingate, PC, recently completed a comprehensive course through the Society of Certified Senior Advisors (SCSA) and earned the designation of Certified Senior Advisor (CSA). SCSA is an international organization that has trained more than 20,000 professionals to meet the changing needs of a growing senior population, Wingate says

“The health, financial and social needs of seniors are different and more complicated than those of any other age group. SCSA keeps professionals from awide variety of fields abreast of all these issues by providing education, training, support and communication resources to those of us dedicated to serving seniors,”

The explosion in growth of the senior population is one of the most important demographic developments of the 21^st century. Two-thirds of the people who have lived past the age of 65 are alive today. In the United States alone, seniors (age 65 and older) number 35 million and will come to increase (with women being the largest segment), leading an unprecedented shift in the age of the population. By 2030, the U.S. Bureau of Census predicts there will be about 70 million people who are 65 and older - one in five Americans will be seniors.

This demographic shift requires an educated response in how professionals work with seniors and the challenges and opportunities they face. Wingate said, “With more people living longer, we are already beginning to see changes in how seniors function in our society, from retirees who choose to start a second or third career, to various forms of alternative senior housing and new approaches to diet, exercise and overall health care for seniors.”

The Aging Driver

For many, driving is a source of independence and self esteem. The car is the only transportation for most of us. It allows us to operate on our own schedules, get to the doctor’s office, get groceries, pick up the grand kids from school, and participate in all types of recreational activities. To maintain your standard of driving, however, you need to be aware of how physical changes associated with aging can ultimately affect your ability to drive.

Often, as we age, our eyesight and reactions change. Does driving make you feel nervous, scared, or overwhelmed? Do you feel confused by traffic signs, cars in traffic? Do you take medication that makes you drowsy? Do you get dizzy, have seizures, or losses of consciousness? Do you react slowly to normal driving situations? If you said yes to any of the above questions, then these are some warning signs of unsafe driving.

No one wants to stop driving and give up control over the things they do in their life. However, a time may come when it may not be safe for you to drive. This is an issue that you and your family must confront. Discussing this with your family will allow your family members to appreciate that driving is very important to you. Also, it is extremely important that you talk to your physician about your driving ability. Your physician is one of the most, if not the most, influential person that you can talk to about your decision to stop driving.

In the State of Maryland, an individual may not drive or attempt to drive an automobile on any State highway without a driver’s license. The State of Maryland does not have an age-based suspension or revocation of a driving license. However, a vision test is required for renewal of your license.

The Motor Vehicle Administration (“MVA”) may refer a driver to the Medical Advisory Board (“Board”), for an advisory opinion. This is done if the MVA has good cause to believe that the driving of a vehicle would be contrary to the public safety and welfare because of a known existing or suspected mental or physical disability. The Board is an advisory panel consisting of physicians and optometrists. The MVA, based on the Board’s advisory opinion, may suspend, revoke, refuse to issue or renew the license if the licensee is unfit, unsafe, habitually reckless or negligent.

Once the MVA receives a referral, the driver in question is notified that they must appear for an examination. Failure to do so may lead to automatic suspension of your license. At the review examination, the medical advisory board may perform tests.

Remember, driving is a privilege in the State of Maryland. The State can and will suspend or revoke your license if you are unfit to drive. Additionally, police officers have the right to stop your car if they have probable cause because they suspect you of reckless or negligent driving. You may then have to appear in Court or in a MVA hearing regarding your driving ability.

To maintain your high standard of driving, you need to be aware of how your body changes as you age. Changes to vision, peripheral vision, depth perception, night vision, clarity of vision, reaction times, medications and mobility can interfere with your driving performance. These changes can lead to inappropriate driving speeds, failing to observe and follow signals, poor judgment of distances and speeds of other areas, frustration; confusion; getting lost in familiar areas, weaving in and out of traffic lanes, and near misses or accidents. Therefore, you may benefit from a driver refresher course before functional decline presents problems. Mature driver courses are offered by a variety of organizations i.e., AARP Driver Safety program. This refresher course may even lead to a discount in your insurance.

When you do have to drive, remember these safe driving tips:

- Try to avoid left turns. If possible, make several right turns to get where you want to go.

- Always slow down and signal, in advance of your turn.

- Allow plenty of time and room to make your turn.

- Keep a safe distance between you and the car ahead.

- Sit high in your seat.

- Avoid driving at dawn, dusk, rush hour and at night.

- Always wear your current prescription glasses.

At some point you may need to stop driving for your safety and the safety of others on the road. You may come to this decision yourself, or by the recommendation of the doctor, or MVA. When you or someone close to you retires from driving, there are several things you can do to make it easier for you and your family.

Create a transportation plan:

- Come up with a list of names and telephone numbers of friends, relatives, or volunteers who are willing to give rides.

- Have handy the phone numbers of taxi cabs / shuttle bus services.

- Contact the Department of Aging in Frederick at

- Contact the Commission on Aging in Hagerstown at

- Encourage social activities.

- Be there for your loved one.

- Arrange to have groceries and/or delivered.

- Order medications by mail.

- Shop by catalogs.

Should you have to give up your car, look on the bright side of things. You will no longer have to pay the cost of fuel, car maintenance, insurance, car payments, etc. which may result in savings to you.

Driving issues are complex, especially with the dependence of the car in our society today and limited public transportation in may areas or communities. However, failure to act responsibly may force the State of Maryland to act on your behalf.

Q&A- Special Needs Estate Planning

Q.- What is a Special (also called Supplemental) Needs Trust (“SNT”) and when do I need it?

A.- Various government benefits like Medicaid, SSI cash payments, housing subsidies, mental health care, and Department of Social Services (DSS) group home or other housing are provided free, or at minimal cost, to disabled people, who have little or no money. Whether paid directly to a disabled person, or into an ordinary trust, most gifts and inheritances and accident, workers compensation, divorce, and other litigation recoveries jeopardize government aid and even may have to repay prior benefits. However, these amounts won’t disqualify a disabled person for government aid, if they are paid into an SNT, for the disabled person, instead of being paid directly, or an ordinary trust. Thus, an SNT should be part of the estate plan of every parent and grandparent of anyone who may be too disabled to work. A SNT should be created, even if your loved one doesn’t yet receive benefits, because government aid may be needed later, especially, if disabilities worsen with age. Also, many children can’t qualify for disability aid until age eighteen.

Q.- Why do I Need a Special Needs Trust to Protect Divorce and Personal Injury Recoveries?

A.- A divorce settlement may jeopardize SSI, Medicaid and other benefits unless alimony and child support are paid into a Special Needs Trust. A disabled person who has a personal injury claim, divorce award, or worker compensation recovery should ask his lawyer to arrange for an SNT before the claim is resolved. Don’t rely on your attorney to provide for an SNT, as many general attorneys aren’t familiar with this area of the law.

Q.- How Can a Special Needs Trust Minimize DSS & Mental Health Fees & Liens?

A.- Government agencies may recoup the cost of some public benefits (e.g. group home and other residential placements and certain mental health care) from a gift, inheritance, or other amount payable to a disabled person or an ordinary trust for a disabled person. In contrast, gifts and inheritances payable to a well designed Special Needs Trust need not repay public benefits. Consequently, dying without a will or leaving amounts to a disabled son or daughter outright or through an ordinary trust, may be equivalent to leaving your estate to the Government.

Q.- Why do I Need a Special Needs Trust Even If My Disabled Child Lives at Home?

A.- Even though your disabled child lives with you now, he or she eventually may be placed in a DSS or mental health placement or otherwise require long term care. Consequently, your estate may be forced to fund group home, medical, and other costs that would be covered by government programs if your estate plan included a Special Needs Trust.

Q.- When and How do I Set Up a Special Needs Trust?

A.- To create a Special Needs Trust, you typically sign a written trust instrument when you sign your will. Although you don't have to fund your SNT until you pass away, you must sign the trust instrument during your life time. If you don't, your child will face substantial costs, which wouldn't arise if an SNT were in place when you die. Because an SNT must comply with complex and arcane government benefit rules, an SNT should only be drafted by a lawyer familiar with SSI, Medicaid, DSS and other government program rules.

Q.- How Can Special Needs Trusts Reduce Costs If I Need Nursing Home Care?

A.- Medicaid generally pays nursing home costs for people with minimal resources except that a temporary Medicaid disqualification period usually applies to a person who makes gifts to reduce resources to Medicaid limits. However, an individual may qualify for Medicaid immediately by making gifts to a “sole benefit” SNT. Gifts to a “sole benefit” SNT are exempt from gift disqualification penalties and also avoid jeopardizing the SNT beneficiary’s government aid. A “sole benefit” SNT must satisfy special rules not applicable to ordinary SNTs.

Crime Prevention Tips for Seniors

Crime and the fear of crime create special problems for the elderly. Crime prevention is everyone's responsibility, not just a job for law enforcement. Seniors can learn how to protect themselves from crime by following these simple, commonsense suggestions. Share these tips with your neighbors and friends, to make it tough for criminals to work in your neighborhood.

AT HOME . . .
1. Never open your door automatically. Install and use a peephole.
2. Lock your doors and windows. (Three quarters of the burglaries involving older persons involved unlocked doors and windows; and, less than one half of these robberies are reported.) Keep your garage doors locked.
3. Vary your daily routine.
4. Use "Neighbor Watch" to keep an eye on your neighborhood. A concerned neighbor is often the best protection against crime because suspicious persons and activities are noticed and reported to police promptly.
5. Don't leave notes on the door when going out.
6. Leave lights on when going out at night; use a timer to turn lights on and off when you are away for an extended period.
7. Notify neighbors and the police when going away on a trip. Cancel deliveries such as newspapers and arrange for someone - a neighbor's child, perhaps - to mow the lawn if need be. Arrange for your mail to be held by the Post Office, or ask a neighbor to collect it for you.
8. Be wary of unsolicited offers to make repairs to your home. Deal only with reputable businesses.
9. Keep an inventory with serial numbers and photographs of resaleable appliances, antiques and furniture. Leave copies in a safe place.
10. Don't hesitate to report crime or suspicious activities.
11. Install deadbolt locks on all your doors.
12. Keep your home well lit at night, inside and out; keep curtains closed.
13. Ask for proper identification from delivery persons or strangers. Don't be afraid of asking . . . if they are legitimate they won't mind.
14. If a stranger asks to use your telephone, offer to place the call for him or her yourself.
15. Never let a stranger into your home. Do not leave notes on your door when you are gone, and do not hide your keys under the mat or in other conspicuous places.
16. Never give out information over the phone indicating you are alone or that you won't be home at a certain time.
17. When you are gone for more than a day, make sure your home looks and sounds occupied . . . use an automatic timer to turn on lights, radio or TV.
18. If you arrive at home and suspect a stranger may be inside, DON'T GO IN. Leave quietly and call 911 to report the crime.

WALKING
1. If you are attacked on the street, make as much noise as possible by calling for help or blowing a whistle. Do not pursue your attacker. Call 911 and report the crime as soon as possible.
2. Avoid walking alone at night. Try to have a friend accompany you in high risk areas . . . even during the daytime.
3. Avoid carrying weapons . . . they may be used against you.
4. Always plan your route and stay alert to your surroundings. Walk confidently.
5. Have a companion accompany you.
6. Stay away from buildings and doorways; walk in well-lighted areas.
7. Have your key ready when approaching your front door.
8. Don't dangle your purse away from your body. (Twelve percent of all crimes against the elderly are purse snatchings and street robberies.)
9. Don't carry large, bulky shoulder bags; carry only what you need. Better yet, sew a small pocket inside your jacket or coat. If you don't have a purse, no one will try to snatch it.

WHILE SHOPPING . . .
1. Carry your purse very close to you . . . don't dangle it from your arm. Never leave your purse in a shopping cart. Never leave your purse unattended.
2. Don't carry any more cash than is necessary. Many grocery stores now accept checks and automatic teller cards instead of cash.
3. Don't display large sums of cash.
4. Use checks where possible.

IN YOUR CAR . . .
1. Always keep your car doors locked, whether you are in or out of your car. Keep your gas tank full and your engine properly maintained to avoid breakdowns.
2. If your car breaks down, pull over to the right as far as possible, raise the hood, and wait INSIDE the car for help. Avoid getting out of the car and making yourself a target before police arrive.
3. At stop signs and traffic lights, keep the car in gear.
4. Travel well-lit and busy streets. Plan your route.
5. Don't leave your purse on the seat beside you; put it on the floor, where it is more difficult for someone to grab it.
6. Lock bundles or bags in the trunk. If interesting packages are out of sight, a thief will be less tempted to break in to steal them.
7. When returning to your car, check the front and back seat before entering.
8. Never pick up hitchhikers.

BANKING . . .
1. Many criminals know exactly when government checks arrive each month, and may pick that day to attack. Avoid this by using Direct Deposit, which sends your money directly from the government to the bank of your choice. And, at many banks, free checking accounts are available to senior citizens. Your bank has all the information.
2. Never withdraw money from your bank accounts for anyone except YOURSELF. Be wary of con artists and get-rich schemes that probably are too-good-to-be- true.
3. You should store valuables in a Safe Deposit Box.
4. Never give your money to someone who calls on you, identifying himself as a bank official. A bank will never ask you to remove your money. Banks need the use of your money, and they don't want one of their customers to invite crime by having large amounts of cash around.
5. When someone approaches you with a get-rich-quick-scheme involving some or all of YOUR savings, it is HIS get-rich-quick-scheme. If it is a legitimate investment, the opportunity to contribute your funds will still be there tomorrow-after you have had time to consider it.
6. If you have been swindled or conned, report the crime to your local police or Prosecuting Attorney's office. Con-artists count on their victim's reluctance to admit they've been duped, but if you delay you help them get away. Remember, if you never report the crime, they are free to cheat others again and again and you have no chance of ever getting your money back.

My Story

DAVE'S STORY

My life changed in the early to late 1990's, although I didn't recognize it at this time. That is, when my wife's grandfather was living independently in Chevy Chase, Maryland.

One night I received a call from my mother-in-law. It was late at night. It was unusual for the phone to ring that late, so I answered the phone, with a feeling of foreboding, only to hear my mother-in-law's voice say that her father, my wife's grandfather, had fallen. Shortly after that, he was taken to the hospital. After medical treatment at the hospital, he was taken to a nursing home.

I was the attorney in the family, so everything was left to me. During this time, I had lots of questions: what options were available; what if granddad had to stay in the nursing home, would we be able to find a good one and would he get good care there; and if so, how were we going to pay for it? I tried to find answers to these questions, that I now answer for others. But I could only catch glimpses of the big picture. That research was my first act into the practice of elder law and life care planning.

After granddad was in the nursing home, I read about a meeting of the National Academy of Elder Law Attorneys. I attended the conference and at the end of the first day, I knew I had found my new profession – the practice of elder law. When I returned home, I threw myself into learning about elder law. I researched the area using law books and materials from the conference and I started putting together what later turned out to be the beginning phases of my new life care planning practice and my calling.

Put Caregiving Arrangements in Writing

When one family member becomes a caregiver for another, it's important to put in writing the terms of the arrangement. AARP estimates that more than 20 million Americans currently care for ill parents, other relatives or friends. Problems can arise if the caregiving arrangement is not clear to all involved. For example, a caregiver may be providing care without compensation, counting on an inheritance that never materializes.

A formal caregiver contract can outline the responsibilities of a caregiver, and specify the payment he will receive for services rendered and expenses, the article states. A contract ensures that the cost of care is paid at the time it is received and is not left for family members to wrangle over as part of a later division of assets.

Such a contract can also help the person receiving the care transfer assets as a way of qualifying for Medicaid. Payments for contracted services are not viewed as gifts to the care-giving relative, but reimbursement checks without a contract to support them may be.

A good caregiver contract also should:

Delineate the rights and obligations of both care-receiver and caregiver.

Be written as soon as possible, when the care-receiver is unquestionably of sound mind.

Specify what services are to be provided and at what cost. If the care-receiver is in the caregiver''s home, expenses might well include a share of those utilities, laundry, food and housing costs.

Fix the caregiver''s compensation at a reasonable rate, comparable to what an outside party would receive for the same services, and specify reimbursement for the caregiver''s out-of-pocket expenses.

Caregiving Affects Work and Life But Not Finances, Study Finds

A new study of caregivers in the United States finds that although caregiving has a big impact on work and life, most caregivers don't feel financially burdened. Almost one-quarter of households in the United States contain a caregiver, and most of those households provide care for someone who is age 50 or older, according to the new study by The National Alliance for Caregiving and the AARP, which looked at caregivers aged 18 and older who provided unpaid care for another adult aged 18 or older.

According to the study, only 12 percent of caregivers said they felt financially burdened by their caregiving duties. Caregivers with more caregiving responsibilities and those who did not feel they had a choice in becoming a caregiver reported greater financial hardship.

While it generally doesn't create a financial burden, caregiving has a big impact on work and life, the study found. Caregivers provide care an average of 21 hours per week. A majority of caregivers said they were working, either full or part-time, or had worked at some point while caregiving. More than 60 percent of the working caregivers reported having to make adjustments to their work schedule, such as leaving early, arriving late, or taking time off. Not surprisingly, the jobs of caregivers with the most caregiving responsibilities were the most affected; one-third of caregivers who had to provide constant care had quit their job to perform their caregiving duties and 12 percent had retired.

Caregivers also reported they had less time for family or friends, had given up vacations or hobbies, and had less time to exercise. Caregivers said they needed more help finding time for themselves, balancing work and family responsibilities, and managing stress.

What is Life Care Planning?

The Life Care Plan is a roadmap for planning your long-term care, designed with your individual and family needs in mind. The Life Care Plan includes a strategy for managing
your life utilizing all the necessary services and resources available in the local community.

Based on a thorough understanding of your long-term health care goals and needs, the
Life Care Plan provides recommendations for care regarding residency, personal lifestyle
and more, consistent with these goals and needs. Like traditional Estate Plans, the Life
Care Plan includes the legal protections and provisions you need to safeguard your assets,
honor your wishes, and care for loved ones. However, a Life Care Plan provides a more comprehensive and caring approach because it incorporates both your legal protections
and provisions and your health care goals and needs.

The Life Care Manager

A family crisis represents a difficult and frightening period in a family’s life.
Therefore, you need someone who is not only knowledgeable and experienced with
dealing with such crisis situations, but is also compassionate and empathetic to your
emotional needs.

A Life Care Manager is employed to be your support line, your advocate, your
confidant, and your friend. In conjunction with an attorney, the Life Care Plan is
developed by a Life Care Manager. Your Life Care Manager is knowledgeable about
the many services and resources available to the elder community and will assist
with the selection of home care services based on your needs, intervene when special
care situations arise, offer assisted living and nursing home options, act as a liaison,
and more.

The Ultimate Goal

The ultimate goal of the Life Care Plan is to ensure the best quality of life for you today and throughout the rest of your life. Your Life Care Plan should continue to evolve throughout your life to accommodate changes in your care situation.