- Excerpt

ALIVE AND KICKING:
Legal Advice for Boomers

by Kenney F. Hegland and Robert Fleming

INTRODUCTION

The excerpt below is from the book, Alive and Kicking: Legal Advice for Boomers, by a couple of wisecracking elder law experts.

Kenney F. Hegland is a professor of law at the University of Arizona. Robert B. Fleming is an elder law specialist. Together they are almost insufferable.

Their jokes are corny, their banter is sometimes profane, and their book is anti-do-it-yourself. Yet the authors are wise and blunt, quickly cutting to the chase on end-of-life legal matters facing baby boomers and their parents.

The excerpt below offers a good example. It deals with legal options concerning seniors who are determined to gamble away or drink down their life savings. The excerpt gives a good sense of how Hegland and Fleming tackle delicate subjects with humor and hard-earned advice.

More information about the book, Alive and Kicking, and authors Kenney Hegland and Robert Fleming, follows the excerpt. Thanks for looking.

Self-Abuse: Vegas, Booze,
and the Question of Guns

by Kenney F. Hegland and Robert Fleming

Some of us don't age gracefully. Some begin to burn their candles at both ends, running through life savings, buying extravagant items, taking weird trips, falling victim to various charlatans. Others begin to abuse alcohol and still others contemplate suicide. The presence of handguns in the home no doubt contributes to the high suicide rate among seniors. We close this excerpt discussing that issue.

We know you are alive, kicking, and aging gracefully. Reading this book is a sure sign. However, you may know someone who isn't: this excerpt suggests what you might do to help.

FLYING TO VEGAS

If a loved one suddenly begins to waste money, a conservatorship (in some states, "guardianship of the estate" or even, as in Louisiana, a "curatorship") can be sought on an emergency basis. The appointed conservator will take charge of the person's finances -- bank accounts, property, stocks. See Chapter 30, Mental Incapacity, for more information on guardianship procedures. Before that, banks, credit card companies, and financial institutions can be notified.

The rub: what looks like reckless to you may not look that way to the "victim:" it may look like sowing one's oats. Say your aunt is giving the gardener money and is taking him on weekend trips to Las Vegas. Unless she no longer has legal capacity or unless he is putting undue pressure on her, she is free to spend her money any way she wants -- even if it means you won't be getting any.

My candle burns at both ends;
It will not last the night;
But ah, my foes, and oh, my friends --
It gives a lovely light!
-- Edna St. Vincent Millay

You might want to read our chapter on deciding for others, which gives some ideas on how to filter out self-interest (Chapter 31).

BOOZE, DEPRESSION, AND SUICIDE

Alcoholism is a serious problem, especially if a lot of the drinking is of recent origin. Interventions are possible. A group of friends and relatives show up to confront the individual, not only with the harm drinking causes the person, but how it harms them. "You know, your grandchildren used to love coming over here; now I can't bring them." Interventions are intense and often effective. Local Alcoholics Anonymous programs can offer advice.

Suicide is a problem. The elderly lead all age categories in suicides; white males lead the pack. In our discussion of Oregon's Death with Dignity Act (Chapter 35), which allows physicians to prescribe lethal medicine, we indicated that sometimes suicide might be a rational choice. Our concern here is with the hasty choice, fired by depression and perhaps alcohol. Another concern is with self-neglect: not caring for one's basic needs.

Depression fuels both. Dealing with depression is very difficult. Begin by asking your physician. In extreme cases, consider civil commitment. Under most state laws, mentally ill individuals who present a danger to themselves (not eating, threatening suicide) or others (not careful with fire), can be taken into emergency custody and, after a hearing, committed to a mental hospital for treatment. The length of the commitment and the procedures vary according to state statute. Contact your State Department of Adult Protective Services.

GUNS

Handguns, not rifles, are the weapon of choice in elderly suicides. Guns don't require much planning: they are quick, easy, and the stuff of momentary despair. Further, guns in the house, at the time of a heated argument, often prove lethal. Murder/suicides are the stuff of daily newspapers. As we pointed out in our last chapter, much of physical violence committed on the elderly is committed by spouses; often that violence is of recent origin. The fact that a couple is quite happy today does not mean that there will not be violence tomorrow. The lurking threat of domestic violence suggests that the presence of weapons is a very bad idea.

But what about self-defense? The presence of guns, rather than affording protection, may make things worse. With guns drawn, stakes are definitely raised and home invaders may simply disarm, and then shoot, their victim.

Gun critics, however, overlook the peace of mind having a gun may bring. An elderly couple with a gun in their home may not be, in fact, safer and, in fact, statistically may be less safe. However, they feel safer and live less fearful lives. As home invasions and suicides are rare, the psychic benefits of gun ownership may outweigh the risks.

If you are going to have a gun, first don't advertise that you do with signs like "These Premises Protected by Smith and Wesson." This will just draw gun thieves. Second, realize the dangers guns present: suicide and family violence. These may not seem like possibilities now, not in your family, but they never do. Make it hard to use the gun in moments of blind rage or deep depression. Keeping the gun unloaded, keeping it locked up, and having trigger locks are possibilities.

If you have grandkids, keep the gun locked and know the state law on gun ownership. If the law permits you to carry a gun in your car, if you are stopped by police, with your hands on the wheel, immediately tell the officer that you have a gun in the car.

Learn how to use your gun. Take shooting lessons, to learn gun safety and to realize their lethal power. Some make shooting clubs a social focus.

Finally, consider a rifle, not a handgun. Rifles are less likely to be used in suicide or in domestic violence and they offer good protection. Possibly even better: shotguns. You don't have to be a good aim with a shotgun (as a Vice President once discovered). The buckshot spreads after leaving the barrel. And, we are told, nothing is quite as unnerving to a burglar as the sharp sound of a shotgun being cocked.