Ways to Prevent Nursing Home Abuse

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According to a 2013 report by ABC News, one in three nursing home patients are a victim of nursing home abuse.  Although this problem is significant, there are steps that every individual involved in this problem can take to prevent nursing home abuse.

Nursing Homes

A significant aspect of the problem is that nursing homes are often understaffed.  Additionally, nursing homes may not establish very high employment criteria, meaning that unqualified people may be working with vulnerable patients.  Nursing homes should strive to have a lower patient/caretaker ratio and insist upon continuing education of their staff.

Loved Ones

It is important that loved ones closely monitor nursing home patients to ensure that they are being treated with dignity and respect.  They should monitor the patients for warning signs of abuse, including physical marks, a withdrawn personality, missing medication or missing income or assets.  By visiting regularly – and sometimes unexpectedly – loved ones can help give caretakers a much needed break as well as keep a constant eye on the situation.  Loved ones who believe that their relative is being abused may wish to seek legal counsel and pursue arbitration of a case to quickly resolve the issue and prevent similar abuse from occurring in the future to their loved one or other patients.

Patients

Although some nursing home patients may seem frail, many are fully competent individuals who simply need some assistance in getting around.  Patients can protect themselves by reporting any abuse that they suffer.  They should inform loved ones, as well as the nursing home itself.  Additionally, they can take legal steps to help ensure that their financial matters are in order, such as by establishing a will, irrevocable trust and power of attorney.  Patients who are isolated from others are more likely to be abused, so patients should make a point of regularly seeing family and friends.

How Restrictive Covenants Affect Land Use

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In some deeds, there may be restrictive covenants that provide greater restraints on how property owners can use the property.  These may supplement or replace zoning regulations.  Although zoning regulations may call for certain restrictions, covenants of this nature may further usurp a property owner’s rights or include more stringent guidelines than those dictated by zoning regulations.  For example, a restrictive covenant may require a larger building set back line than the zoning regulation requires.  Additionally, they may limit the use of the area, such as only residential, even if zoning regulations would permit some commercial uses.

Restrictive covenants are designed to protect the existing property owners’ values of their homes as new owners move into the area.  They may state that only single family units can be constructed in the area.  They may also provide for continuity through a design scheme, such as requiring new development to be a certain amount of square footage, certain building materials to be used and certain architectural styles for the property that is bound by the restrictive covenant.  The owners association may insist upon an architectural review of plans for any new construction to ensure that the new property conforms to existing structures.

Restrictive covenants may also affect land use by prohibiting property owners from leasing the property or by placing restrictions on how property can be leased.  For example, the covenant may insist that all leases be at least one year or longer.

A restrictive covenant can be enforced by an adjacent owner or by the owners association through self-policing.  Successful enforcement of the restricted covenant can result in a court injunction that orders the owner to stop violating the covenant.  In some cases, monetary damages are also available.  Some states have passed additional legislation that provides greater damages or more rights to owners associations, such as the ability to fine the offender or restrict the owner from using community amenities.  Because the stakes are so high and affect the daily lives of the parties involved, disputes regarding restrictive covenants lend themselves to mediation.

September 7, 2015

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September 3, 2015

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Average US rate on 30-year mortgage rises to 3.89 percent; 15-year loan up to 3.09 percent – Average long-term U.S. mortgage rates rose this week after a sharp drop the previous week, as global markets continued to whipsaw amid economic disruption in China and uncertainty over Federal Reserve interest-rate policy.

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Eminent Domain Dispute? Turn to Mediation!

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Mediation is advantageous in a variety of instances, but it can be especially effective for settling eminent domain disputes.  Eminent domain is an issue that pits private property owners against government organizations, something that can be extremely intimidating for the property owner.  By using mediation to settle the dispute, everyone can walk away happy with the outcome.

Mediation provides three major benefits when it comes to eminent domain disputes: it is confidential, it is low cost, and it allows the disputing parties to remain in control of the outcome.

When issues are settled through litigation, all of the information is public.  Often, this is enough to hamper settlement efforts in eminent domain cases.  Should an issue not be settled in mediation, the discussions cannot be used at a later date to help anyone build their case.  The mediator cannot even be asked to testify or disclose information.  This confidentiality allows everyone to speak freely and openly, making it easier to work toward a resolution.

Mediation also allows those involved to stay in control of the process and the resolution.  Nobody is forced to abide by a court-mandated procedure or resolution.  They can act in their own interest and consider flexible or unorthodox solutions if that’s what it takes to reach a successful outcome.  Disputing parties have control over every aspect of the mediation, beginning with the time and location of the mediation, and the actual mediator overseeing the process.

Finally, mediation is efficient.  The process saves everyone involved time and money, which can be especially important in eminent domain cases.  It avoids the expense and time-consuming nature of securing expert witnesses, culling through discovery, and paying an attorney and his or her staff to build a case.  Mediation also makes it easier to preserve the reputations of those involved.