One of the leading causes of death in the United States is sudden cardiac arrest. The chance of survival is greatly increased by the administration of a defibrillator.

The administration of a defibrillator is highly successful when used within the first few
minutes following sudden cardiac arrest, decreasing by approximately
ten percent every minute the treatment is delayed.

In the past, the ability to defibrillate was solely in the hands of emergency medical personnel. Unfortunately, quick emergency medical response is not always possible.

The average arrival time for emergency vehicles in New York City is about 12 minutes. Therefore, cardiac arrest survival rates are less than 2 percent there.

A new state law, effective January 2, 2009, is intended to protect the health and safety of swimmers and bathers of surf or bathing beaches by requiring that there be a cardiac automated external defibrillator and at least one lifeguard trained in its operation and use during all periods of required supervision.

The typical elder abuse victim is a widow who is socially isolated, physically and/or cognitively impaired and denies or is reluctant to report abuse. The typical abuser is a family member caregiver with drug, alcohol or mental health problems, a controlling personality and/or ineffective coping skills who is under financial, emotional or marital stress.

However, elder abuse occurs in every racial, social and economic group. Most common types of elder abuse are neglect, emotional/psychological, financial/ sexual exploitation and physical abuse.

The following are possible symptoms of elder abuse:

1. Physical Abuse: Unexplained bruises, falls, fractures, grip marks, pain, swelling or welts.
2. Neglect: Malnourishment, bedsores, soiled clothes, over sedation, or lack of medical attention or equipment despite available funds.
3. Emotional /Verbal Abuse: Depressed, hopeless, appears shamed, withdrawn, passive, loss of self-determination, invalid guilt, threatened, called names, or fearful.
4. Financial Exploitation: Illegal use of elder’s money, possessions, or resources for another’s gain. Examples: elder has no money for food or clothes, is victimized by con artists, has a caregiver who is totally financially dependent upon him, is forced to sign over control or a power of attorney and has unexplained bills, charge card or banking activity.

The legal options for the victim are an order of protection, having the perpetrator arrested under the domestic violence law or a guardianship to stop financial exploitation. The order of protection may or may not include the expulsion of the perpetrator from the home.

A person is eligible to go to Family Court for an order of protection if he or she is married to an abuser, formerly married to an abuser, has a child in common with the abuser or is related by blood or marriage to an abuser.

An order of protection can be obtained in town, city or village court if a criminal charge has been filed by a police officer or the victim.

The police must arrest for domestic violence when:

• A felony, other than grand larceny crimes, has been committed against a member of the same family or household.
• There is a violation of the Stay Away provision of an order of protection or a family offense is committed in violation of an order of protection; Family offenses include harassment (first and second degree), aggravated harassment, disorderly conduct, reckless endangerment (first and second degree), menacing (first and second degree), and assault.
• A misdemeanor constituting a family offense is committed against another family or household member, unless the victim requests otherwise. However, the officer shall not ask the victim whether he seeks the arrest of the perpetrator. Even if the victim requests no arrest, the officer can use his own discretion as to whether an arrest should be made.

Family or criminal courts can order the abusive behavior to stop (no offensive contact order); the abuser to have no contact with the victim (stay away order); and the abuser to leave the residence (vacate). Victims of elder abuse should contact an attorney, their local District Attorney’s office or Adult Protective Services to pursue criminal or civil remedies.

The definition of a New York “small estate” has been increased from $20,000 to $30,000 or less, effective January 1, and 2009.

The settling of an estate is can be expensive and very difficult for the decedent’s family. The probate process can be very lengthy and emotionally draining.

The simplified procedure for small estates provides for a much faster and less costly method for the settlement of an estate. The probate process involves numerous precautionary measures to ensure the rights of the deceased and family members are protected.

Small estates of $30,000 or less do not need these precautions.

To prevent the deadly underwater entrapment of children caused by suction from pool drains, the Virginia Graeme Baker Pool and Spa Safety Act of 2007 regulating drains in public swimming pools went into effect on December 19, 2008.

Seasonal public pools and spas that are currently closed must be in compliance with the law on the day that they reopen in 2009.

The federal legislation requires public pools and spas to be equipped with anti-entrapment drain covers. Pools and spas with a single main drain must also be equipped with a device or system designed to prevent entrapment, such as a safety vacuum release system that provides a rapid release of vacuum created whenever it detects a blockage.

Failure of public pools in spas, health clubs, parks, hotels and apartment complexes to comply with the law could result in immediate closure of the pools.

The law, which will be enforced by the U.S. Consumer Product Safety Commission, was named after the 7-year-old girl who died in 2002 after the suction of a drain entrapped her under water.

Entrapment occurs when a child is pulled under water by a pool or hot tub’s filtration system. The suction, which can pull down a child’s body or a limb or hair, has 400 to 500 pounds of pressure. The drains can also cause disembowelment.

There were seventy-four reports of pool and spa entrapment’s of children from 1999 to 2007, according to the Consumer Product Safety Commission. Nine of those cases resulted in death. Children in the 5 to 9 year-old category had the highest frequency of entrapment.

If you are considering buying rental property, you must avoid these costly mistakes:

#1 Bad Location
The property should be in an area where the demand for rental housing exceeds the supply and there is access to public transportation, churches, schools and stores. This will ensure good rents and resale price.

#2 Failure to check utility costs
Under the New York Truth-in-Heating Law, sellers and landlords of residential buildings, including one and two-family residences, condominiums, cooperatives and apartments, must provide prospective buyers and tenants with a summary or a copy of heating and/or cooling bills for the preceding two years and a statement of the type and location of insulation installed by the owner and previous owners. Determine whether the utilities are separately metered.

#3 Zoning or building code violations
Determine whether the building and planned renovations conform to zoning ordinances, building codes, deed restrictions and loan requirements of the bank, VA or FHA. Also, inquire as to whether a certificate of occupancy is necessary.

#4 Assuming personal property stays with the real estate
The contract of sale should state what appliances, equipment, furnishings and other personal property are included with the sale.

#5 Defective or dangerous property
The contract of sale should contain a clause that the sale is contingent on a inspection by a professional inspector, licensed engineer or licensed architect. Ascertain whether the property contains lead paint, asbestos, mold or other hazardous materials.

#6 Assuming that there are no leases
The seller should be required to furnish copies of all leases, tenant applications and move-in/move-out checklists prior to closing. Since the purchaser will be bound by any leases between the seller and his or her tenants, the purchaser should study the terms of the lease very carefully for such items as the expiration date, rental amount, tenant’s right to sublet and whether the lease is renewable. If there are no leases, the contract should specify whether or not the units must be vacant at the time of closing, assurances that the seller will not enter into any new leases, the amounts of security or cleaning deposits, the names of the tenants and the monthly rent amounts.

#7 Expecting to close on the “closing date”.
The closing date stated in the contract is merely a target date, unless it is specified that “time is of the essence”.

New York State law allows you to control the disposition of your remains by designating a person to carry out your wishes.

Although you can state your wishes in your Will, the Will might not even be read or opened until after the funeral services.

The form for the appointment of an agent to make these decisions on your behalf should be kept in a safe place in your home with your other important decision-making papers, such as your durable power of attorney, health care proxy and living will.

The law gives you the ability to specify your wishes and give instructions to the agent. You are also able to indicate whether you have completed a Pre-Need Agreement with your funeral home.

If you do not designate an agent, the law names a hierarchy of people who have the right to control the disposition of your remains:

(a) surviving spouse
(b) surviving domestic partner
(c) any of the surviving children over 18 years old
(d) either of the surviving parents
(e) any of the surviving siblings over 18 years old
(f) a guardian appointed by the court or
(g) the fiduciary of the estate.

A simple hand written note is not sufficient. There are certain formalities that must be followed to comply with the law.

I recommend contacting an attorney for the preparation of an “Appointment of Agent to Control Disposition of Remains”.

So you need legal assistance and can’t afford it?

Then here’s a list of WNY legal resources where the service they provide is at little or no cost.

Client Advocacy Service
(716) 886-1242

A public interest legal advocacy center providing civil legal representation to mental health clients 18 years and  older for Social Security Disability (SSD) benefits, Supplemental Security Income (SSI), Public Assistance, Medicaid & Food Stamps. Also provides legal information & advice to consumers, families and professionals.

Clinical Legal Education Program - Securities Clinic
www.law.buffalo.edu
(716) 645-2167

Representation of small investors.

Erie County Bar Association Volunteer Lawyers Project Inc.
www.eriebar.org/vlp.asp
(716) 847-0662.

Civil legal advice & representation by volunteer attorneys for low income individuals.  Legal advice & representation for non-profit groups assisting the poor, the elderly, the handicapped, the disabled, etc.

Legal Aid Bureau of Buffalo Inc
(716) 853-9555

Legal representation & advice on housing for City of Buffalo residents only; on family matters & consumer issues for all of Erie County; to juveniles in family court; to defendants on criminal matters in Buffalo City Court; and to persons convicted of felonies in Erie County.

Legal Services for the Elderly, Disabled or Disadvantaged of WNY Inc.
www.lsed.org (LSED)
(716) 853-3087

Legal services for problems with health care, social security, health care insurances (Medicare & Medicaid), Medicare Part D, nursing home & hospital issues, grandparents rights, protective services, mortgage foreclosures and predatory lending. Also handles housing problems such as tax foreclosures, housing violations, & tenant/landlord issues (City of Buffalo residents only).

Neighborhood Legal Services
www.nls.org (Legal Services)
(716) 847-0650

Handicapped rights, legal advice/representation to developmentally disabled & others. Family problems-child snatching, victims of domestic violence, housing problems-landlord/tenant, housing discrimination, public, etc. Entitlements-welfare, food stamps, Medicaid, SSI, utilities. PAMII - Protection Advocacy for Mentally Ill Individuals. Vocational rehabilitation - assistive technology issues.

New York Civil Liberties Union
(716) 852-4033

Provides public education, advocacy and legal counsel for those whose civil liberties have been violated by the government, legislators, or public officials, such as freedom of speech, freedom of religion, the right to demonstrate, equal protection & due process of law.

New York State - Mental Hygiene Legal Service
(716) 845-3650

Statutorily established to provide legal services & assistance to persons within the mental health and  mental retardation/developmental disability systems who are subjects of commitment, involuntary care & treatment, guardianship & substituted decision-making proceedings, as well as related advocacy.

Prisoners Legal Services of New York Buffalo Office
(716) 854-1007

Civil legal representation for indigent state inmates including disciplinary hearings, sentencing problems, jail time, civil rights & constitutional matters.

WNY Law Center Inc
www.wnylc.com
(716) 855-0203

Housing discrimination complaints, mortgage foreclosures and complaints about disability discrimination that are not in litigation.

The tenant vacated his apartment before the lease expired and stopped paying rent. The landlord unsuccessfully tried re-renting the apartment and decided to sell the unit, keeping it vacant to make it more marketable. The landlord later sued the tenant for the unpaid rent for the entire lease term.
Landlords no longer have a duty to re-rent residential properties if the tenant breaks the lease, ruled the New York Appellate Division, Second Department. In Rios v Carrillo the court extended to residential tenancies a prior decision by the New York Court of Appeals, holding that commercial landlords did not have to mitigate damages — unless the lease stated otherwise. When a commercial tenant defaulted, the landlord had no duty to try to re-let the property, but could sue the defaulting tenant for the total rents due under the lease term.
ADVICE TO TENANTS: If you plan to vacate your apartment before the end of the lease term, you should attempt to find subtenants or ask your landlord to help you find a new tenant. Landlords of buildings with four or more units can not unreasonably withhold their consent to subletting or assignment of the lease.
ADVICE TO LANDLORDS: It’s still advisable to include a provision in residential and commercial leases that the landlord has no duty to mitigate and a defaulting tenant will be held liable for the rent for the entire term of the lease. Even though landlords do not have an obligation to mitigate, they should still attempt to re-rent the apartment because most judgments against tenants for unpaid rent are uncollectible.
Other states, such as Connecticut and New Jersey impose a duty to mitigate on residential landlords.

These are recent verdicts for residents against nursing homes for deaths and injuries:

Undetected gastrointestinal bleeding led to resident death (Bernalillo County, New Mexico District Court, $54,000,000).  93-year-old resident choked to death after nurse’s aide gave him the wrong meal (Waterbury County, Connecticut Superior Court, $3,400,000). Resident suffering from dementia drank lye that was left on kitchen counter and sustained burns of his airways (Kings County, New York Supreme Court, $3,000,000).

 Alzheimer’s patient was hit and killed by car after wandering out of nursing home due to negligent supervision (Los Angeles County, California Superior Court, $1,480,000). Nursing home did not prevent resident’s pressure ulcers and did not yield to hospital’s care when it could no longer treat the ulcers (Harnett County, North Carolina Superior Court, $638,000). Resident escaped and died of hypothermia because she was not checked hourly (Dutchess County, New York Supreme Court, $350,000).

Arthritic resident drowned during unsupervised time in the facility’s hot tub (Clark County, Washington Superior Court, ($350,000). Resident at risk for aspiration choked to death after being fed a hot dog ( Norfolk County, Massachusetts  Superior Court, $112,500).

Contractors or landlords are required to have tenants sign a PRE-RENOVATION DISCLOSURE FORM  beginning December 22, 2008  which indicates that the tenant has received the EPA’s RENOVATE RIGHT: IMPORTANT LEAD HAZARD INFORMATION FOR FAMILIES, CHILD CARE PROVIDERS, AND SCHOOLS  lead hazard information pamphlet before starting  renovation of residential buildings built before 1978.

This pamphlet must also be given to owners and administrators of pre-1978 child care facilities and schools where children under age six are present.  The pamphlet and renovation information must be made available to the parents or guardians of children that attend these schools by either mail, hand delivery or posting informational signs.

The requirements apply to renovation, repair or painting activities including window replacement. The rule does not apply to minor maintenance or repair activities where less than six square feet of lead-based paint is disturbed in an interior room or where less then twenty square feet of lead-based paint is disturbed on the exterior.

The new rule affects paid renovators including renovation contractors, maintenance workers in multi-family housing, painters and other specialty trades. To obtain the disclosure form and pamphlet, see www.epa.gov/lead/pubs/pre-renovationform.pdf  and www.epa.gov/lead/pubs/renovaterightbrochure.pdf