Elder Law Presentation

Slide 1: 

Be in the K.N.O.W. K = knowledge (God, Others, Self) - Proverbs 1:7(a) - Proverbs 10:14(a) N = needs (recognize others’ needs) - Acts 20:34-35 O = offer (offer to help) - Galatians 5:13-14 W = wisdom (show wisdom in your approach) - Psalm 111:10 - Proverbs 1:7(b) - Luke 2:52 - James 1:5 - James 3:13 Remember: there may come a time when you want someone to “be in the know” for you!

The Miss Daisy Complex: To Drive or not to Drive? That is the Question : 

The Miss Daisy Complex: To Drive or not to Drive? That is the Question Elder Law Presentation: April 12, 2010 By: Heather Fox

Slide 3: 

The topic of elderly drivers is an important topic to both lawmakers and scholars alike. But why?....

Slide 4: 

Somerville, MA: Thirty-two year old woman was killed and a two year old boy seriously injured when the driver of a Nissan Pathfinder drove his vehicle across the sidewalk and onto the lawn where the victims were having a birthday party.

Slide 5: 

St. Petersburg, FL: Pedestrian’s leg was severed when he was struck by a car, and his body flipped up onto the hood. The impact drove the pedestrian’s body partway through the windshield, and the driver, continued for three miles with the body partly in and partly out of the car before coming to the realization of what had happened.

Slide 6: 

New London, CT: Twenty-eight people were injured when a driver plowed into the back of a crowd of people headed to the waterfront for a festival.

Slide 7: 

Santa Monica, CA: Ten people were killed, and sixty-three were injured when a driver confused the gas pedal for the brake, panicked, and accelerated through a farmers’ market! He was found guilty of ten counts of Vehicular Manslaughter!

Slide 8: 

Common Factors? Somerville, MA: Driver of vehicle – 71 St. Petersburg, FL: Driver of vehicle – 93 New London, CT: Driver of vehicle – 85 Santa Monica, CA: Driver of vehicle - 86

Slide 9: 

Rapid Demographic Change Baby Boom Generation - one of the largest generations Medical improvements - people are living longer Population of 65+ By 2020: expected to have increased from approximately 35M in 2000 to approximately 55M By 2050: expected to have increased to approximately 87M As a result, by 2030: elderly drivers will account for 18.9% of all vehicle miles driven, almost 3 times the 1990 figure!

Slide 10: 

Is there really an issue, or are people just picking at the elderly drivers? BUT……HAVE YOU EVER….. driven with only your parking lights on at night? missed your turn even when you knew where you were going for lack of complete attentiveness? made a mistake in judgment, turned in front of someone, or some other error in driving? We probably all have made mistakes. So………

Slide 11: 

As a whole, younger drivers are still involved in more fatal crashes, but … when viewed as number of fatalities per mile driven, elderly drivers surpass all other age groups. Teen Drivers vs. Elderly Drivers

Slide 12: 

Why? Physical Frailty Dementia: 3% of persons age 65-74 19% of persons age 75-84 47% of persons age 85 and above Since 1995, incidence increasing 12-14% every five years

Slide 13: 

4-5 million people have Alzheimer’s or another dementia but only 50% of those people have received a specific diagnosis and only 10% of those are currently receiving treatment! “Alzheimer’s disease currently is the only chronic disease for which U.S. physicians see no need for early diagnosis and treatment.” (John W. Ashford)

Slide 14: 

What’s to lose??? Independence Freedom Autonomy Status Dignity Mobility What’s to gain??? More safety on the roadways Fewer losses of life

Slide 15: 

How do the elderly drivers feel about the whole thing?...

Slide 16: 

There must be balance!!!

Slide 17: 

What are the states doing? Accelerated renewals Vision testing Personal appearance Road testing Statement from physician Combination of approaches Changing road signs and lane markings for maximum visibility Nothing

Slide 18: 

Significant variation among the states Florida: lenient - regular renewal: 8 years - accelerated renewal: 6 years for 80 and older and must pass a vision test administered at any driver’s license office or if not renewing in person, must pass a vision test administered by a licensed physician or optometrist Illinois: fairly strict - regular renewal: 4 years - accelerated renewal: 2 years for 81-86, 1 year for 87+, and all renewal applicants 75+ must take a road test - Note: even though requirements are more strict in IL, there are still not remarkably fewer accidents involving elderly drivers than in other states with more lenient policies!

Slide 19: 

United States: Estimate: 12.6 Percent, Margin of Error: +/-0.1 Percent Source: U.S. Census Bureau, 2006-2008 American Community Survey Percent of the Total Population Who Are 65 Years and Over: 2008   Universe: Total populationData Set: 2006-2008 American Community Survey 3-Year Estimates Survey: American Community Survey, Puerto Rico Community Survey

Slide 20: 

Constitutional Law Issues with Age-based Licensing Procedures? Equal Protection: Not likely to prevail - Massachusetts Board of Retirement v. Murgia (U.S. 1976) OR Due Process: Not likely to prevail - Mackey v. Montrym (U.S. 1979) States have the authority to regulate, but the questions are when and how?

Slide 21: 

When is it time to stop? Problem: there is no specific age when each person gets to the point that he/she is no longer safe to drive. - some probably should quit before 65 - others can drive safely until 90 or above People age differently and have different disabilities. Some live their whole lives with no substantive skill-impairing disabilities. This variation in abilities makes adequate regulation very difficult.

Slide 22: 

Possible Solutions… 1. Federal Government? 2. State Government? 3. DMV? 4. Lawyers? 5. Doctors? 6. Family? 7. Individual?

Slide 23: 

If Government, Federal or State? Laws and Regulations Uniform Road Markings and Signs Expense Effectiveness DMV? Vision Tests Hearing Tests Written Tests Road Tests

Slide 24: 

Lawyers? Unique Counseling/Trusting Relationship with Clients Responsibility Doctors? Mandatory Reporting Liability

Slide 25: 

Family ? Benefit of being close to the individual and may be less disheartening when coming from a loved one Subsequent liability or requirement to sign financial responsibility the same as for minors? Problem: not all families are close and willing to help each other Individual? Knows himself /herself the best Problem: don’t want to give it up and be a burden on others

Slide 26: 

Creative Solutions $$$ The auto industry is working hard on creating solutions that will help to compensate for the things that elderly drivers struggle with such as visual acuity, slower reaction times, and decreasing hearing capabilities. The reason for this: Older drivers represent the largest, the most significant, and the fastest growing market in the country. Ford Motor Co.: “Third Age Suit” AgeLab at the Massachusetts Institute of Technology: Miss Daisy http://www.youtube.com/watch?v=5I5MkrMzAs8

Slide 27: 

Ideal Solution… Families and individuals working together to help each other and to recognize responsibilities. Keeping the approach respectful and non-controversial. Remembering that some day, your children or loved ones could be having the same conversation with you. Helping to realize that it does not have to be giving up of dignity and status and independence. It is doing what is appropriate Freedom = Responsibility “You have freedom when you’re easy in your harness.” (Robert Frost)