August 22

Trustee must Present Evidence That Expenses Were Actually and Properly Incurred to Be Reimbursed (S.D.)

Mary Novotny’s conservators established the Mary Novotny Trust for the benefit of Mary’s daughter Catherine Novotny. The conservators were appointed as trustees. After a dispute arose over the validity of the trust, a circuit court granted reimbursement of attorney’s fees and various expenses to the conservator-trustees pursuant to S.D. Codified Laws § 55-3-13. Catherine appealed, arguing that the limited information provided to the court regarding the trustees’ expenses was insufficient to determine whether the expenses were actually and properly incurred. The South Dakota Supreme Court agreed and remanded for further proceedings. The trustees had submitted an affidavit that listed the sums paid to certain individuals or entities, but did not provide any additional information related to the expenses. The court held that section 55-3-13 requires evidence or testimony on the record that would allow a court to determine whether the amounts a trustee seeks for reimbursement were “expenses actually and properly incurred in the performance of his or her trust.” The lower court abused its discretion by relying on affidavits that provided no information as to how the trustees incurred the fees sought.

Guardianship of Novotny, 2016 S.D. 36 (S.D. April 20, 2016)

August 17

Legal and Care Planning for People with Multiple Sclerosis

This video series, entitled “Legal and Care Planning for People with Multiple Sclerosis,” is intended to help people diagnosed with Multiple Sclerosis and their families understand the complex legal and planning issues that they face. The video series was produced via a partnership between NAELA and Stetson University College of Law, in consultation with the National Multiple Sclerosis Society.

Multiple Sclerosis (MS) is an unpredictable, and often disabling disease of the central nervous system that disrupts the flow of information within the brain, and between the brain and body. Symptoms vary from person to person and range from numbness and tingling, to walking difficulties, fatigue, dizziness, pain, depression, blindness and paralysis. The cause of MS is still unknown and scientists believe the disease is triggered by as-yet-unidentified environmental factor in a person who is genetically predisposed to respond. The progress, severity and specific symptoms of MS in any one person cannot yet be predicted. Most people with MS are diagnosed between the ages of 20 and 50, with at least two to three times more women than men being diagnosed with the disease.

August 15

Autistic Artist Shares His World of Vibrant Colors

Autism … offers a chance for us to glimpse an awe-filled vision of the world that might otherwise pass us by. — Dr. Colin Zimbleman, from the-art-of-autism.com.

Jeremy Sicile-Kira sees the world in vibrant colors: alluring oranges and yellows, calming purples and blues and soothing greens. And for the first time, the autistic artist is sharing that vision with the rest of us. “Color is evident in everything to me,” says Jeremy, 27, whose form of autism spectrum disorder (ASD) includes the symptom of “grapheme-color synesthesia,” a neurological phenomenon that causes him to perceive letters, words and even emotions in colors. “Autism affects each person differently,” Jeremy told NBC News. “For me it means being stuck in a body that doesn’t work well and not being able to speak. It means also frankly being overwhelmed by sound and light.” Jeremy has managed to turn that aggressive assault on his senses into art – a series of abstract portraits in which he portrays people through the colors that their faces, names and personalities create for him. This month — Autism Awareness Month — his work received its first public exposure at an art show in San Diego. The use of art to help people with autism express themselves has gained momentum in recent years, and produced some notable success stories. Temple Grandin, a professor of animal science at Colorado State University whose triumph over autism was the subject of the award-winning 2010 biopic “Temple Grandin,” says art helped lead her to “a very interesting career.”

For the article from the NBC News, click here.

August 11

Hearing Aid Use is Associated with Improved Cognitive Function in Hearing-Impaired Elderly

Older persons are notoriously unwilling to use hearing aids. But a new study conducted by researchers at Columbia University Medical Center (CUMC) found that older adults who used a hearing aid performed significantly better on cognitive tests than those who did not use a hearing aid, despite having poorer hearing. The study was published online in the American Journal of Geriatric Psychiatry. The researchers also found that cognitive function was directly related to hearing ability in participants who did not use a hearing aid. More than half of adults over age 75 have hearing loss, yet less than 15 percent of the hearing impaired use a hearing aid device. Previous studies have shown that the hearing-impaired elderly have a higher incidence of fall- and accident-related death, social isolation, and dementia than those without hearing loss. Studies have also demonstrated that hearing aid use can improve the social, functional, and emotional consequences of hearing loss. The study included 100 adults with hearing loss between the ages of 80 and 99. Hearing aid users, who had worse hearing than non-users, performed significantly (1.9 points) better on tests of cognitive and motor functioning. Among non-users, participants with more hearing loss also had lower MMSE scores than those with greater hearing levels.

For the article from EurekAlert, click here.

August 8

How City Design Is Adapting to Older Populations

As cities experience a demographic shift, the need for age-friendly design is becoming ever more critical. From almshouses to driverless cars, the future of urban housing and mobility may just be shaped for and by the elderly. As we age, our housing, transport and social needs change. By preparing for this, policymakers, town planners and architects can make it more likely that older populations can still lead fulfilling lives. The global engineering firm Arup has looked at how authorities are responding to this demographic shift. Stefano Recalcati, project leader behind the firm’s report Shaping Ageing Cities, explains that cities must adjust if older people are to maintain quality of life: “It’s important to be conscious of the ageing trend. It is a huge challenge for world cities – they will need to change, to make sure older people continue to play an active role in the community and don’t become isolated. Isolation has a negative impact on health so tackling that is really important.” “Small innovations can make a difference,” Recalcati adds. “Older people are less likely to drive, favoring public transport and walking. The average person over 65 manages a walking speed of 3km [1.9 miles] / hour. At 80 that goes down to 2km [1.2 miles]/hour, compared with the average for a working age person of 4.8km [2.9 miles]/hour. Reducing the distance between transport stops, shops, benches, trees for shade, public toilets and improving pavements and allowing more time to cross the road all encourage older people to go out.” In the UK, the government has just announced the building of 10 new towns designed to address ageing and health issues such as obesity. As well as encouraging more active lifestyles, the designs could include wider pavements, few trip hazards and moving LCD signs, making the streets easier to navigate for people with dementia and other age-related conditions.

For the article from The Guardian, click here.

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