Changes in the law:
Nursing homes should not be able to legally receive psychotropic med including, tranquilizers, Halodol, Risperdol, Seroquel, (all new forms of ThorazineBa horse tranquilizer) etc. to keep residents from wanting to go home. It should be a felony to administer such drugs to nursing home residents without their written consent or have to hold them down or force them to take such medications. Nursing homes that contain primarily elderly people should have those drugs banned from the premises and notices shall be prominently posted every floor, every 10,000 square feet informing employees it is a felony to dispense psychotropic drugs and tranquilizers to the elderly and infirm without their written consent which must be obtained weekly. This does NOT mean the consent of a POA or GuardianBit means that very person.
When the GAL goes out to see a senior after a guardianship petition has been filed, this footage should be taped with a digital camera or cell phone:
1) where the senior is asked if she wants an atty and if so, do they have one in mind?*
2) where the senior is asked if she wants to go to court and fight the guardianship
3) if there are some people in the family she considers to be unethical or untrustworthy or abusive.
The recording should be put on the internet with a password both on the court website and on the GAL website or blog of cases.
The tape should be emailed or placed on a disk and mailed to every person as a condition of jurisdiction or it can be put on the internet with a password which is mailed or emailed to the person with instructions to go the law library to see it.
4) *Seniors should be able to have a trusted family atty they have used in the past represent them at any hearing. In fac,t this should be part of the senior=s advance directives.
5) Recognizing the tort of Lack of Consortium between parent and child in Illinois with respect to wrongfully isolating a senior from friends and family they have seen for years and have enjoyed. Seniors may be allowed to make a list in advance directives of all close friends and family they do not want to be isolated from.
6) Amending the ADA and/or medicare act to say that no Probate Atty in any state court can have an elder declared incompetent and sell the house to take fees. Probate Attys and Medicare MUST wait until both husband-wife or life partner seniors die, and their dependents related by blood or marriage living on the premisesBbefore a home can be sold for nursing home or probate atty fees.
7) Amending the Medicare Act that where it says that a senior has a $104,000 exclusion on thier home so a spouse is not left in poverty means: 1) the house must be listed for $104,000 or more; and 2) it must sell on the open market for $104,000 on an MLS. 3) no private court ordered sales for a portion or fraction of that value are allowed. 4) it is insufficient to hire a (court appointed or tied in) appraiser to say that every dumpy house is worth $104,000 or more and then turn around and sell the house for a fraction of that price. Arrrgh we need a case on that.
8) Absolutely NO cremations where a loved one is concerned that a ward is being abused. A cremation where a notice has been placed with the court regarding concerns over drugging and improper medical care with notice to the Guardian should result in a felony charge. Too many elders have been drugged, beaten, abused and then the body summarily cremated in days. An alert may be sent to all local crematoriums by the family. An alert should be sent to all hospitals and funeral homes not to send this person to a crematorium. Evidence of abuse in a senior or disabled must be preserved.
In short, excellent commentary!