Aging in Place: Tips for Living At Home As Long As Possible

Part of the long term planning we do in Elder Law involves coordinating where seniors will live their twilight years. Two factors that strongly influence the outcome are the following: First, that seniors prefer to stay in their own homes for as long as they possibly can. Second, that the Great Recession has caused such hardship that elders are no longer as financially able to leave their homes to enter senior communities and assisted living facilities.
Needless to say, there are many financial considerations to take into account when it comes to aging in place. However, just as important, and often overlooked, is the actual physical layout and condition of the home.
Most homes are built to be suitable for people who are young, healthy, and mobile. As people age, however, their home can present challenges that make living in the home uncomfortable, difficult, and even dangerous. With proper planning and some remodeling, however, seniors' homes can remain comfortable and elder-friendly.
Lighting, for example, is important to all people, but particularly so for older people. The home should be well lit, with easy to operate switches. Designers suggest equipping many of the lights with dimmers, so that the lighting can be maintained at a comfortable level, and increased or decreased as needed. Consider rocking switches, which can be easier on arthritic fingers than a traditional light switch.
The bathroom can be a major obstacle to aging at home. Many seniors suffer from arthritis, joint problems, and limited mobility. This can make getting into a traditional shower or tub difficult. A good solution is to replace the tub or shower with a walk-in shower that, if possible, is large enough for two people to sit or stand in comfortably. This will make it easier for a caregiver to assist with bathing if it becomes necessary. If grab bars are not added at this stage of the remodeling because they are not immediately needed, it would be wise to reinforce the walls so that grab bars can be installed in the future. A temperature regulator would also be a good idea to install in the shower or bath, because older skin is less sensitive to heat and can easily be burned. Consider installing a bidet.
Flooring is another important consideration. As seniors become less mobile, they can easily trip on rugs or have problems walking on carpet. A practical alternative is to install hardwood or laminate flooring that is smooth, easy to walk on, and reduces the possibility of tripping. Hardwood or laminate flooring is also a practical solution if the occupant needs to use a wheelchair or walker. Just make sure the flooring has enough friction and is not slippery.
Other useful modifications include to use drawers instead of cupboards or cabinets where possible, raise dishwashers and low cabinets to avoid excessive bending, widen doorways if possible to accommodate a wheelchair, and design an entryway that does not require a step. Many geriatric care managers suggest that your home be modified so that you can live on the ground floor if necessary. This may require installing a bathroom on the first floor, or expanding an existing half-bathroom to a full bathroom.
As baby boomers plan for the future, they are taking into account modifications they can make to their homes now to prepare for their later years. Manufacturers have also started developing product lines to meet the demands of an aging population that wants to age in place.
If staying at home for as long as possible is important for you or your loved ones, take steps now to put plans and modifications in place to facilitate this goal.

Real Estate Agents Act - Increased Disclosure And More Scrutiny Between Employees And Contractors

With the introduction of the Real Estate Agents Act 2008 the transactional relationship between the agent and buyer or seller has been altered.
Under the new act, the obligations salespeople owe to vendors and purchasers has changed. One big change is that the amount of information that has to be supplied and disclosed by the salesperson to the vendor and purchaser has now significantly increased.
Real Estate Agents Approved Guide
The sales person now has to provide more information in writing in regards to payment structures for the salesperson. Sales agents can obtain the approved guides in relation to the changes from the Real Estate Agents Authority (REAA).
Agents, salespeople and branch managers must also now disclose if they receive any other benefit from a sale. When a property is being sold, the vendor will be asked to sign a declaration stating that they have received the Approved Guides. These declarations provide protection to both the vendor and the sales person.
In regards to purchasers, salespeople and the agency also have obligations to provide the REAA Approved Guide relating to sale and purchase agreements to any purchaser at the time of their signing any offer to purchase a property. The purchaser will also be asked to sign a declaration that they have received a copy of this.
These obligations on the salesperson are in the interest mostly of information sharing and should ensure that vendors and purchasers feel more secure in their dealings with salespeople. The need to comply with these further obligations ideally should be incorporated into the agreements between the salesperson and the agent. Agents and salespeople should also check their work contracts with their insurers for insurance purposes.
Employee or independent contractor?
Under the old act of 1976, real estate agents could be engaged as an independent contractor. This caused a lot of uncertainty of who was a contractor and who was an employee. The Employment Relations Authority, regularly had to intervene to ascertain which one it was. The new act defines real estate agents as salespeople. Section 51 states that in the contract between the sales person and their employers, it needs to specifically state whether they are contractor or employee.
The agreement between the agency and the salesperson needs to be carefully drafted with unambiguous language. Taking a dispute to the Employment Relations Authority to determine the relationship between agency and sales person can be a costly affair.
An agency still has the same liabilities for the actions of the sales person whether they are a sales person or contractor. The major difference between employee and contractor is that that the relationship with employee is governed by the Employment Relations Act 2000 and the Holidays Act 2003
In summary
The wider effect of the 2008 Act should still filter down to the public, and should serve to provide further protection of the interests of both sides of the transaction. In the meantime, it is a good time for agencies to review their internal processes when engaging both employees and contractors.

Managing Redundancy During Pregnancy and Maternity Leave

In practice, the rules that an employer should follow are relatively straightforward. In July 2012 ACAS published new guidance on this topic, in an attempt to clarify the matter for employers.
Redundancy is potentially a fair way of dismissing an employee and this is the same in relation to employees who are pregnant or on maternity leave. Assuming the redundancy is genuine an employer must go through a fair process including consulting, exploring alternatives and applying fair selection and scoring criteria. In these respects the law recognises that pregnancy is a unique condition and requires special treatment.
The key principle for an employer to appreciate is that they must ensure that a woman who is pregnant or absent on maternity leave is not disadvantaged as a result. This period is known as the "protected period".
Advice for employers - What to Do and What to Avoid
Is it fair to dismiss?
Dismissing an employee by reason of redundancy is potentially a fair reason for a dismissal, even during the protected period. Unfairness arises if a woman is selected because she is pregnant or on maternity leave.
Special Consideration
A woman is entitled to special consideration during the protected period. If she suffers any disadvantage during this period, such as dismissal, that she would not have suffered had she not been pregnant or on maternity leave, she will have a claim for automatically unfair dismissal.
Direct discrimination
Dismissing a woman unfairly during the protected period by reason of redundancy amounts to direct discrimination. There is no need for the woman to demonstrate that a comparator was or would have been treated any differently. The detriment itself is sufficient.
Right to return
A woman who has been absent on maternity leave has the right to return to the same job. If this is not possible, she is entitled to be offered a suitable alternative vacancy. The employer has a duty to show that an offer of an alternative role was explored and offered if available.
Redistributing workload
An employer cannot redistribute the employee's workload while she is on maternity leave and then determine that her role has been made redundant as a result. This would give rise to an automatically unfair dismissal and a discrimination claim.
Consultation
A failure to consult a woman on maternity leave about the risk of redundancy, even if difficult to achieve in practice, is likely to amount to unlawful discrimination. As a practical matter, try to agree the method by which you will keep in touch prior to the employee going on maternity leave.
Selection criteria
Using attendance or absence relating to pregnancy/maternity leave as a selection criterion to score a female employee is likely to be considered automatically unfair and give rise to a claim for unfair dismissal and pregnancy-related discrimination. Selection criteria need to be non-discriminatory.
Suitable alternatives
A woman who is made redundant whilst on maternity leave must be offered any suitable alternative vacancy available, even if she does not apply for it or is not the most suitable candidate. A suitable alternative is one that is no worse than her previous job when it comes to status, location and terms.
Removing disadvantage
Special treatment should not go beyond what is necessary to remove any disadvantage. Any excessively favourable treatment that goes beyond that which is necessary to redress any disadvantage may result in a discrimination claim from a male counterpart.
Competitive process
If there is more than one employee on maternity leave and only one suitable alternative vacancy, the employer must score and select the most suitable out of those candidates.
Maternity pay
If the employee qualifies for statutory maternity pay they are entitled to receive 39 weeks of statutory maternity pay even if the redundancy takes effect during the statutory maternity period. However, any enhanced maternity pay is unlikely to be payable unless the employer's contract or policy says that it is.
Equality applies to all
Equality laws apply to all employers, regardless of size.

Ongoing Regulatory Mandatory Compliance Is Out of Control - Hurting Jobs and Small Businesses

We claim that we want jobs, more small businesses, more opportunity for minorities, but it's all a big façade, because if we really wanted that we wouldn't be doing what we are doing to small businesses, solo professionals, and the self-employed. We have too much regulatory oversight attempting to regulate morality, you can't, you cannot fight human nature. Still, we are making things worse in our schools with this politically correct pragmatic way of teaching, that "everything is negotiable" and there is no right answer, oh yah and at Harvard now you are allowed to cheat on the tests as we've heard in the media.

Now these, kids forgo their 3rd year law school tuition in trade for working for the government for 5-years, then they make all these regulations, even though they've never had a job or worked in the industry. Think I am kidding, I'm not, and worse after working for the government they conveniently take that revolving door and go work for the other side - probably after they realize all the damage they've done in government. Let me give you ONE example, but I could continue to for 45-hours straight after all I've seen in the private sector.

For instance, FINRA has a new 3-hour test that financial planners must take. No eating, bathroom breaks, and if you fail to pass one of the sections you lose your license. Further, the questions are purposefully tricky, double negatives, and ambiguous and it is hard to tell what the answer is. If you don't speak English well, you will not be able to pass the test. Then they treat you like crap at the testing center, which is not conveniently located as many people have to travel 100s of miles to get there.

Plus, you have to take a study course, pay for it, and pass, just to be able to take the test. Worst of all you have to take the damn thing every year, a different version with different questions and all the new regulations that Washington DC feels are needed to protect the so-called consumer investor. These are the same investors whose complaints are deemed to be faked or false 75% of the time by an actual government SEC study, as those investors simply made bad investments and tried to hang it on their advisors.

Now we have consumers and investors who are not responsible for their investments or choices. These rules and regulations are made by regulators who've never been in the field before due to Congressional instructions after bills that no one reads are passed and the test company lobbyists help write the bills sending in their own lawyers the day before the bill is presented to Congress for vote, but everyone just has to wait until the pass it to see what was in it. Do you doubt what I'm saying, well then I suggest you read this book:

"What Makes You Think We Read the Bills?" by Senator H.L. "Bill" Richardson, Caroline House Books, Chicago, IL, 1978, pages, ISBN: 0-916054-78-0.

Yes, this book was written in 1978 but realize the problem still exists, as I quoted above Nancy Pelosi's famous remarks the night before the Obama Care vote (Affordable Health Care Act). You know what we need, we need a "Red Magic Marker Committee" to line out about 2/3 of all the Federal, State, County, and City rules and regulations on small business which do nothing more than waste everyone's time and destroy business efficiency.

Next, we need a rule or law which states that if you make a new law you have to delete five old ones. And if you pass an omnibus bill, every Congressperson must sign that they personally read it, or a member of their staff did, along with which pages each person supposedly read; under penalty of perjury with enforcement and prison sentences for violations. Lastly, all Testing Companies or Regulatory Compliance Service Firms must register any and all campaign contributions to all decision makers and all committee meetings attended or correspondence to regulators in public rule making sessions.

Enough is a enough - let's take back Washington DC - They work for us, we don't work for them.

Instead of Reacting, Stand For Yourself to Meet Your Needs During Divorce

Whenever we react to someone or something, we can often spend a lot of negative energy arguing, defending, explaining, or convincing. Instead, wouldn't it be far more satisfying to put that energy into standing for ourselves and our own needs? Certainly, when you are going through a divorce or facing any family law issue, it is far more productive and rewarding to focus your energy on rebuilding positive family connections and meeting your own needs rather than negatively reacting to your spouse, your lawyer or the legal system. The former empowers you while the latter makes you a victim.
Some suggestions for standing for yourself during the divorce process or when facing a family law issue:
1. It is important to remember that when we are focusing on someone else's perceived shortcomings, chances are that we are neglecting ourselves. If you notice yourself having a strong negative reaction to someone or something, you might ask yourself what you have been avoiding or not facing in your own life. For example, perhaps you haven't spoken to your mother in many years after an explosive argument and falling out. You also find yourself often blowing up at your children, your ex, or anyone or anything around you. Sure, you can justify your blowups but why not instead explore the anger you haven't expressed towards your mother by keeping silent all these years? This is just one example. The point is that you might try identifying any areas in your life that you have been perpetually avoiding or putting off. This will put the focus on yourself and your own needs which in turn will likely reduce the need to focus on someone else's perceived shortcomings.
2. Identify specific actions you can take to stand for yourself. For instance, in the example above, you might write a letter to your mother where you fully expresss your feelings. Chances are you will notice that your frequent blowups at those around you simply disappear. After identifying any areas that you have been avoiding, you might try listing specific and concrete actions that you can take to deal with the area head in a positive and productive way.
3. Communicate your feelings and needs in a productive (rather than destructive) way that brings about positive results. For example, perhaps your parents or former in-laws are driving your crazy by constantly telling you how to parent your children. Rather than reacting by defending or arguing with them, you might stand for yourself by calmly and assertively telling them that you appreciate their concern as your children's grandparents and are confident that you have a parenting style that always looks out for your children's best interests.
Specifically, in divorce negotiations, the goal is generally to achieve a global settlement with terms that are beneficial to both parties. Therefore, at the outset of negotiations, it is important for both you and your spouse (in conjunction with your attorneys) to identify values and specific goals. This will reduce the chance that both energy and money will be spent on reacting to each party's behavior, which unfortunately can keep you polarized and disconnected from standing for yourself.

What Are the Advantages of a Registered Trademark?

A trademark is a symbol or sign that can distinguish your services or products for those of your competitors. It may be designated by several symbols including the TM (Trade Mark) and SM (Service Mark), as well as the Circle-R or the federal registration symbol.
Why Register a Trademark
Some people assume that they can protect their brand by simply using the symbol in commerce. However, there are benefits in registering a trademark instead of relying on the common law rights. These advantages include the following:
1. Ensuring exclusivity
When you register your trademark, you can obtain the legal exclusivity in using your logo or name in the business. Moreover, a registered trademark can reduce the risk of being prohibited from using your logo or name by other traders. Business owners are likely to encounter legal issues when they receive a letter of "cease and desist" from a lawyer, which require them to stop using the symbol that others already own.
2. Nation-wide coverage or protection
Those who register their trademark can obtain geographical coverage instead of rights that may be restricted to a particular area or region where they trade. Furthermore, business owners who have plans of expanding overseas may obtain rights even in other countries because of a registered trademark.
3. Preventing or deterring other traders from using your symbol
A registered trademark may serve as a constructive notice to the public of your ownership of the logo or symbol. In addition, the registrant has the freedom to initiate court proceedings or legal action for trademark infringement. This process prevents other traders from the unauthorized use of your symbol. A few countries including Canada and the United States recognize the common law trademarks, which allows a trader to take legal actions in protecting an unregistered symbol that is in use. However, the common law on trademarks do not offer much legal security, as compared to registered trademarks.
Important Considerations
The term "trademark" includes any brand, name, word, device, label, pattern, or packaging that can be used to identify a company's products and services from those of others. It may also be a phrase, logo, design, or a combination of all these elements. Furthermore, there is a range of marks that are considered unconventional because these do not belong to the standard categories. These marks may be based on sound, smell, or color of a product. There are also marks or logos that are popularly used in describing products instead of distinguishing the goods from other traders.
There are instances when a trademark may not be registered because of several factors. For instance, the symbol is not distinctive or may be offensive. Some logos may also be deceptive, which means they tend to mislead the public by making others think that the services or goods offered have a certain quality that are not evident in the product. Moreover, a mark is not allowed to be registered when it promotes illegal drugs or substances, and the logo includes images or words that may be against the law.

Learn The Cold Hard Facts Of Identity Theft Before It's Too Late

Purse snatchers, pick pockets, and bank robbers still pose a threat to the world. The few that try or even commit these crimes usually get caught because they are visible and the authorities can get descriptions and data. These criminals can run but they can't hide.
Technology and communication have produced the most dangerous and educated criminals in the history of society. The Phantoms of Identity Theft are invisible and growing stronger by the minute. Much like roaches they crawl through the nook and crannies of lives waiting patiently for victims to turn out the lights granting them the freedom to crawl.
It can happen to you or a member of your family within the blink of an eye. Phantoms of identity theft are thieves without borders.The stakes are high. Rolling the dice of life without knowledge of identity protection can destroy and strip people naked and chain them to poverty. Sadly the Phantoms usually keep the key and never unlock the chains.
Nothing is more dangerous than sincere ignorance. Careless habits with no thought of present moment awareness can lead to disaster. Habits are part of the footprints people leave in their path as they walk the journey of life especially when a roadmap or destination is not planned. Risky behavior on this journey can turn into a battle and even a deadly war.
What you don't know can and will hurt you! Few people are teaching the consequences and protection about identity theft. Society and authorities have placed the fastest growing crime in the world on the back burner.
Every day millions of people fall victim to the unscrupulous deliberate acts of the faceless Phantoms that lurk in every possible corner of the world. No one is safe, young or old, poor or wealthy, especially the children and the dead.
The time to wake up is now. The roses people plant today produce razor edged thorns bringing blood with the prick of a finger. The Phantoms use these thorns and begin with just a prick of a finger until they draw blood then they cut off the hand. These are criminals with no conscience who laugh and party after destroying lives.
Phantoms lure their prey and strike at will. But it is too late for victims who have neglected to become aware and get the education for prevention. These evil criminal minds steal social security checks, invade Medicare, children's college funds, retirement investments, or money in visible accounts such as checking or savings, and even medical records.
If the Phantoms of identity theft have a virtue, it is patience. They wait with intent. They set goals with intent. They calculate with intent. And never forget, their intent is to destroy lives.
The it will never happen to me mentality is much like a small rabbit eating grass in a meadow while the birds of prey are circling overhead. Beware of The Phantoms of prey. Yes you could be the next target.