Tag: Aging

04 Feb

A Realistic View of Aging – Part 2

Rebecca Rauws General Interest Tags: , , , , , , 0 Comments

Today’s blog is Part 2 in my discussion of a New Yorker article by Arthur Krystal that seeks to present a realistic view of aging. Yesterday I reviewed some of the factors in the article that pointed towards the idea that we improve as we age. Today I will review the points raised in support of what the author considers to be the “truth” about aging.

I think the following sentence really sums up an important (but somewhat bleak) point that the author is making: “There is, of course, a chance that you may be happier at eighty than you were at twenty or forty, but you’re going to feel much worse.”

The article considers the physical effects of aging, as well as mental ones, namely dementia. Although we continue to explore ways of detecting, predicting, and treating dementia, we do not yet have a cure for the disease.

The New Yorker article also summarizes a (possibly even more bleak) argument made in an essay published in The Atlantic in 2014, with the title “Why I Hope to Die at 75”. The author of that article, Ezekial J. Emanuel, argues that by age 75, most people will have a difficult time generating creative and original thoughts, or being productive. Emanual doesn’t plan on killing himself at 75, but states that he won’t take steps towards actively prolonging his life, such as cancer-screening tests.

Last year I blogged about another article that discussed aging, and the concept of how we can live better, now that we are living longer. That article considered the work being done related to anti-aging and the creation of products to make older people’s lives easier. I think this is a salient point given our aging population, and is also relevant to the points made in Krystal’s New Yorker piece. Although we can admit that there are physical challenges that arise with aging, there are also ways those challenges can be ameliorated, and work continues to be done in this area.

I admit that, at the present time, I have very little authority or personal experience with aging, as it is discussed in the article. While I certainly see the author’s point about the downsides of aging, I think I will choose to favour the more optimistic view as outlined in yesterday’s blog.

Thanks for reading,

Rebecca Rauws

 

The following other blog posts may also be of interest to you:

03 Feb

A Realistic View of Aging – Part 1

Rebecca Rauws General Interest Tags: , , , , , , , 0 Comments

In late 2019, an article in The New Yorker asked the question: “Why can’t we tell the truth about aging?” The author, Arthur Krystal, considers several aspects of aging, with what appears to be the aim of presenting a realistic portrait of what it is truly like to get older. I thought there were a lot of interesting points mentioned, so in Part 1 of this blog (today) and Part 2 (tomorrow), I will be considering some of those points.

For today’s blog, I will review some of the author’s points relating to the idea that we improve as we age (although the author certainly does not appear to embrace this view). Tomorrow’s blog will consider some of the more negative views and aspects of aging.

The article starts off by listing a number of recent books about aging, and compares it to the more popular view from about 50 years ago that aging is something “we do not care to face”. These days, the trend has moved towards celebrating aging, and looking at it in a positive and optimistic light. The literature is clearly capturing this view, with titles such as “Better with Age: The Psychology of Successful Aging”.

Some of the authors of the books mentioned state that the older brain works “in a more synchronized way” and the structure of the brain is altered with aging in ways that boost creativity.

There is also an interesting discussion about whether we get happier as we age. This concept seems to make sense if we consider notions such as being more comfortable in our own skin, and experiencing less social anxiety as we get older. The article mentions a study indicating that happiness over the course of our lives follows a U-shaped curve where we are happiest as children and in old age (and least happy in the middle of our lives). Apparently, however, there has been some question as to the accuracy of this curve for several reasons, the simplest one being that happy older people may be more likely to participate in happiness surveys than seniors who feel miserable, unsatisfied, and apathetic.

I quite like the sentiment expressed by Helen Small, a professor at the University of Oxford, as summarized in the article, that “our lives accrue meaning over time, and therefore the story of the self is not complete until it experiences old age—the stage of life that helps us grasp who we are and what our life has meant.”

Thanks for reading and I hope you will join me for part 2 tomorrow!

Rebecca Rauws

 

 

Other blog posts that may be of interest:

29 Aug

How can we slow down aging?

Nick Esterbauer Elder Law, Health / Medical, In the News Tags: , , , , , , 0 Comments

There are constantly new studies suggesting different ways to slow both physical and mental aging.  This month alone, the news has featured research suggesting the following:

  • Aging with pets in place can increase life satisfaction overall, and research suggests that pets may be associated not only with less loneliness, stronger social support systems, and increased participation in the community, but also better cardiovascular health, lower cholesterol, and lower blood pressure.
  • A study from the University of Leeds suggests that tickling may slow down aging.  The study involved the use of electrodes on the participants’ ears to simulate a tickle-like tingling sensation.  Two weeks of 15-minute daily tickling therapy were believed to improve the balance of the autonomic nervous system.
  • People who are optimistic may live longer.  For groups of both women and men, those who were optimistic long-term had a better chance of living to age 85 (and beyond).  Optimism has been linked with goal-setting and healthier habits and, accordingly, fewer optimistic people are believe to die prematurely from stroke, heart disease, or cancer.
  • Consistent with previous research, a new study by the University of Iowa has linked exercise to a healthy aging brain.  Even a single bout of exercise was considered to improve cognitive function and working memory in older participants.

While there may be nothing to prevent aging altogether and/or to totally eliminate the risk of suffering from Alzheimer’s disease or other age-related cognitive decline (absent any major scientific breakthrough), in general, taking health and wellness more seriously from an earlier age may improve quality of life and independence down the road.

Thank you for reading.

Nick Esterbauer

 

Other blog posts that may be of interest:

10 Jun

Just how common is elder abuse?

Nick Esterbauer Elder Law, General Interest Tags: , , , , , , , 0 Comments

Our readers will all be familiar of the issue of elder abuse, and the various forms that it can take.  It is also well-known that elder abuse if underreported, giving rise to challenges in determining just how common it is and how incidence rates may be fluctuating within the context of our aging population.

A new study by Comparitech explores the issue of the underreporting of elder abuse and extrapolates reported incidents and studies regarding underreporting to gain an appreciation of how commonly it is actually occurring in the United States.  Comparitech estimates that at least 5 million cases of financial elder abuse occur every year in the United States alone.  While damages of $1.17 billion are reported, it is believed that the actual losses to seniors total $27.4 billion.

Technology also appears to be playing a role in increasing rates of elder abuse.  Comparitech found that 1 in 10 seniors were victims of elder abuse and that the use of debit cards have become the most common tool in defrauding them of their funds.  With phone and email scams on the rise in recent years, underreporting is anticipated to become a growing problem while incidence rates continue to increase without any way to determine exactly how many seniors are affected.

Thank you for reading.

Nick Esterbauer

 

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04 Jun

Longevity and Anti-Aging: What is being done to keep us Living Better for Longer?

Rebecca Rauws General Interest, In the News Tags: , , , , , , , , , , , , , , 0 Comments

These days, life expectancy is longer than ever. We have previously blogged (for instance, here and here) about some considerations and consequences of having a longer life expectancy. A recent article in The New Yorker considers aging, and in particular, anti-aging now that people are generally living longer. The online version can be found here: Can We Live Longer but Stay Younger?

One of the problems with living longer, as highlighted in the New Yorker article, is that we still must deal with the challenges and realities of aging. What we really want is not eternal life but rather, eternal youth.

The article discusses several efforts to address or counteract the types of issues that we face as we age. For instance, a geneticist at Harvard has successfully extended the life of yeast, and is moving on to human trials. A Harvard molecular biologist, George Church, has had success reprogramming embryonic stem cells to essentially turn an old cell into a young cell. Church’s work has been done so far on mice and dogs, but there are plans to commence human clinical trials within the next five years.

The goal of the work being done by Church is to live better, not necessarily longer: “The goal is youthful wellness rather than an extended long period of age-related decline.” The article discusses the nature of this age-related decline, through the illustration of a “sudden aging” suit that allows the wearer to experience the physical challenges of aging, including boots with foam padding to produce a loss of tactile feedback, and bands around the elbows, wrists, and knees to simulate stiffness. The point of the aging suit is to help create empathy and understanding about how difficult each and every task (an example was reaching up to a top shelf and picking up a mug) can be for older adults, both physically and mentally. So the question becomes, if we are living so much longer, but with age, every day and every task becomes much more difficult, what can we do to counteract that?

The work being done related to anti-aging and the creation of products to make older people’s lives easier is interesting and seems to be moving in new directions. For instance, the article mentions the difficulty of marketing certain products aimed at older people, because we do not like the idea of buying something that reminds us that we are old. So instead of selling a personal-emergency-response system to send an alert and seek assistance in the event of a fall, or some other physical emergency, in the form of a pendant worn around the neck, it is suggested that the most effective such device would be an iPhone or Apple Watch app.

Unfortunately, the issue of dementia is still a concern. There still does not appear to be a cure in sight for Alzheimer’s or other forms of dementia. The causes remain unclear. The effects, however, are evident. One of the individuals mentioned in the article was Professor Patrick Hof, who studies brains. On the physical effects of dementia on our actual brains, Professor Hof notes that “[y]ou can’t tell any difference, even under extreme magnification, between an aging non-demented brain and a younger human one…But, holding an Alzheimer’s brain in your hand, you can see the atrophy.”  It appears that there is still a lot of work to be done in this area, in particular.

Thanks for reading,

Rebecca Rauws

 

Other blog posts that you may find interesting:

18 Mar

Aging in Place and Safety Considerations

Nick Esterbauer Elder Law, General Interest, Health / Medical Tags: , , , , 0 Comments

Our blog has previously featured posts about the concept of aging in place.  Survey results suggest that the vast majority (93% of respondents aged 65 or older) of Canadians wish to continue living at home for as long as possible as they age.  Benefits of aging in place may include lower costs (relative to living in long-term care), increased comfort, slower advancement of memory loss, strengthening of social networks, and continued independence and self-determination.

For many, with old age comes physical limitations that may result in decreased mobility and expose seniors to an increased risk of accidents while living at home, whether they are living with or without the assistance of caregivers or other support, absent sufficient safety measures.  We recently discovered a guide to making homes senior-safe, which is available online for free through the Senior Safety Reviews website.

The guide features the following:

  • 34 practical tips to assist in preventing falls;
  • Measures that may assist in the prevention of theft, elder abuse, burns and fires;
  • Technology that can be used to promote at-home safety; and
  • Preparing the home for extreme weather.

The guide reports that, notwithstanding the goal of many individuals to remain at home into old age, only 1% of homes are currently equipped to safely facilitate aging in place.

This user-friendly guide may be of assistance to older clients and supportive family members in allowing seniors to safely age in place.

Thank you for reading.

Nick Esterbauer

02 Aug

Aging in Place in Canada

Nick Esterbauer Elder Law, General Interest, In the News Tags: , , , , , , , , 0 Comments

A recent survey commissioned by HomeEquity Bank suggests that the majority of older Canadians plan on staying in their homes as they age (otherwise known as aging in place) rather than downsizing and/or moving into assisted living or retirement communities.  93% of survey respondents aged 65 or older felt that it was important that they remain at their current home throughout retirement.  69% of them advised that their primary reason for wishing to remain at home was to maintain independence as they age.

The older respondents (75 years or older) advised that it was important to them that they remain in their current home to stay close to family, friends, and/or the community (51%) and that emotional attachment and memories were also contributing factors (40%).

In order to remain living at home as long as possible into retirement, advance planning in terms of finances and logistics may be necessary.  A recent article appearing in Forbes suggests that the following steps, unrelated to financial planning, may be especially useful in facilitating successful aging in place:

  • Maintaining social connections to avoid social isolation;
  • Identifying who will help, whether family members, friends, or public services;
  • Planning for the transition as needs change over time and identifying the resources and services available in the community;
  • Preparing the home to accommodate increased needs (for example, by installing grab bars and a chair in the shower);
  • Reviewing and updating the plan to age in place as may be necessary (due to a change in health, available support, or financial constraints).

Notwithstanding one’s plans to continue living at the family home, increasing longevity, a lack of liquidity, unrealistic expectations in terms of income sources after retirement, and the high cost (or local inaccessibility) of caregiving services may contribute to a decision to sell the home and relocate earlier than intended.

Thank you for reading.

Nick Esterbauer

15 Nov

Will Ontario Courts Impose Jail Time for Elder Abuse?

Nick Esterbauer Elder Law, In the News, Power of Attorney Tags: , , , , , , 0 Comments

A perpetrator of elder abuse has recently been sentenced to three years in prison by an Ontario Court.

The man from Markham, Ontario had obtained assistance from a friend, an employee of a major national bank, in creating a power of attorney, which he put forward as a document prepared for and executed by his mother, Royale.  Royale’s savings, which had been in the hundreds of thousands of dollars, were depleted to less than $15 and she was forced to live in a public nursing home.

Courts may punish for elder abuse.
“After she learned that her funds had been stolen, Royale reported her son’s actions to the police before her death.”

After she learned that her funds had been stolen, Royale reported her son’s actions to the police before her death.  In her videotaped police statement, Royale says, “It makes me very sad, but he has to pay the consequences.”  She was visibly upset by the idea of placing charges against her son, but nevertheless proceeded to do so.  In June of this year, Royale’s son was convicted of both theft and fraud over $5,000.

Unfortunately, situations like that involving Royale are all too common.  A recent study suggests that one in ten American seniors are affected by elder abuse.  Further, it is estimated that only one in ten victims of elder abuse actually report it.  Many seniors may be reluctant to report elder abuse due to fear of what the abuser may do to them and a belief that the police and/or social agencies will not be able to provide meaningful assistance.

Incidents of elder abuse highlight the importance in establishing incapacity plans and in appointing attorneys for property and personal care that can be trusted and who can protect the grantor’s rights if he or she is unable to do so.

Royale’s other surviving children now plan to commence civil proceedings against their brother and the financial institution whose employee was involved in the creation and use of the fraudulent power of attorney.

This recent sentence sends a strong message about the seriousness of elder abuse and the lengths to which the justice system will go in order to punish those who take advantage of members of our aging population.

Thank you for reading.

Nick Esterbauer

24 Jun

The Growing Popularity of “S.K.I.-ing”

Nick Esterbauer Elder Law, Elder Law Insurance Issues, Estate Planning, General Interest Tags: , , , , , 0 Comments

As the population continues to age and individuals are living longer, healthier lives, various demographic changes are developing.

One trend among seniors in good health is to spend several months of the year travelling abroad.  Such activity was historically limited to wealthier members of the population, who could afford to retire early and/or take long periods of time away from work.  However, according to a recent article in the Daily Mail, more and more British seniors are spending their retirements travelling and are funding the expeditions by what is referred to as “S.K.I. – Spending the Kids’ Inheritance”.

ANAXNZSAJ0A new BBC series called the Millionaire’s Holiday Club follows older travellers as they explore the world with ITC Luxury Travel Group.  While there is clear desirability behind spending money that would otherwise form assets of one’s estate on travel, some of the individuals credit other reasons as motivation for spending more money than they otherwise might on vacations.  Some participants of the television series wish to leave their children an inheritance sufficient to allow for financial security, but not so large that it discourages them from working to earn a living and funding their own luxurious travel.  Others report that they choose to travel as a way of remaining independent as they age.

For some seniors, travelling without a travel insurance plan risks incurring significant healthcare costs in a foreign jurisdiction.  Due to costs that typically increase with age, travel insurance may be less accessible for older individuals who choose to travel, and especially those who have experienced serious or chronic health conditions.  Depending on age and medical history, travel insurance simply may not be an option, and should be a serious consideration of a senior in deciding whether or not to travel.  While there is nothing wrong with enjoying oneself by frequent travel, older individuals should be careful to ensure that they retain enough money to fund their ongoing costs of living, which can significantly exceed projected costs with time and the deterioration of physical and/or mental health.

Have a great weekend.

Nick Esterbauer

22 Jun

Power of Attorney Disputes on the Rise?

Suzana Popovic-Montag Capacity, Elder Law, Guardianship, Health / Medical, Litigation, Power of Attorney Tags: , , , , , 0 Comments

Our population is aging but living longer. This has resulted in an increase in the prevalence of dementia and other aging-related conditions associated with cognitive decline, and a corresponding increase in the use and activation of powers of attorney.

As estate litigators, our firm is beginning to see a rise in power of attorney disputes between siblings and other family members. These types of disputes are often emotionally fuelled by longstanding sibling rivalry or distrust among family members, and can result protracted litigation and expensive legal bills.

Often a sibling or other family member will have concerns that the appointed attorney is acting improperly or is failing to fulfill his or her duties. In these circumstances, the sibling or family member may have concerns with respect to a lack of transparency or feel that they are being left out of the decision-making process.

8C35014CE3It is useful for these individuals to know that the Substitute Decisions Act, 1992 (the “SDA”) imposes certain obligations upon an attorney, which may assist in addressing these concerns.

The SDA states that an attorney has a duty to consult with family members and keep them informed as to the incapable person’s health and wellbeing (ss. 32(5)) and that an attorney has a duty to foster personal contact between the incapable and his or her supportive family members (ss. 32(4)).

The SDA also states that an attorney has a duty to keep proper records and to provide updates regarding the incapable person’s financial circumstances (ss. 32(6)).

The SDA also states that an appointed attorney must also obtain and review a copy of the incapable person’s Will (s. 33.1). If the Will provides that a specific item of property is to be given to a particular beneficiary, the attorney must retain that property for that beneficiary unless it is essential to sell the item in order to satisfy the incapable person’s legal responsibilities or otherwise provide for the incapable person (ss. 35.1(1)).

These duties are ongoing and an attorney can generally be held personally liable for any damages that results from a breach of his or her duties.

The Office of the Public Guardian and Trustee has published a brochure that outlines the duties and powers of an appointed attorney for property in greater detail, which can be viewed here.

Communication is often the key to resolving these types of disputes between family members. However, where there is a breakdown in communication, the assistance of a litigator or mediator who specializes in this practice area is often helpful.

Thank you for reading.

Suzana Popovic-Montag

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