Thoughts of a Common Man

This article published in the Horizons Magazine, Dec 200[7, New Brunswick, Canada

With the seniors population living longer and with many individuals requiring more specialized social and personal care it is very important every senior become aware of the many legal implications that can arise should a crisis arise involving their issuing a Power of Attorney for their protection.

As a senior gradually depends on the assistance and support from family, friends, relatives or a legal advisor he or she should prepare well in advance to give certain amount of authority to a trusted person when it comes to financial and person care matters and know the differences between the different types of Powers of Attorney especially those of financial and personal care.

One of the most commonly used methods of a principal transferring authority to an agent is through issuing a document referred to as Power of Attorney which outlines the issues and conditions under which a designated person or company can take action on behalf of someone who needs assistance or no longer is capable of looking after his or her own well being.

Before issuing such a document in writing the principal must decide the scope of the authority to be transferred to the agent and ensure that authority is fully understood by the agent selected as to what is being asked. It should be under stood the agent acts in good faith for the benefit of the principal and not for his or her own benefit unless the compensating benefits are described in the Power of Attorney document. By doing so will prevent what is according to the Canadian Center for Elder Studies one of the fastest growing areas of crime in Canada, Power of Attorney fraud, in many cases the duties and responsibilities under a Power of Attorney are very poorly understood and involves many seniors across this country.

Because the social structure of the average Canadian family has changed, many seniors now live in locations where they no longer have day to day contact with family members and have to depend on close friends or sometimes legal advisors for assistance to live their lives when the administration of their financial or person care needs are beyond their capabilities. Thus it is very important to know by turning over authority to others that authority can lead to fraud and possibly abuse, mental and physical, if arrangements are not properly made for the prevention of such an adverse situation.

A senior must also be aware that just because the agent is a close family member or good friend, will not necessarily ensure there will be no fraud or abuse. A great example of how conflict of issues can take place was in Nova Scotia where a brother kidnapped an ill sister, transported her to another country (legal jurisdiction) so he would have control of her affairs rather than her husband who had the legal right as per the decision by Nova Scotia supreme court. After a lengthy court battle in that other country the sister has been returned to Nova Scotia safely to her husband.

Regardless of how well a senior prepares, he or she must be aware that if they move from one province to another, the arrangements made in one province may not be binding in the other. Presently there is no agreement in Canada that recognizes Power of Attorney agreements in the various legal jurisdictions. At this time neither the province of New Brunswick nor the government of Canada have taken very much action towards recognizing the 35 internationally accepted measures (Hague Convention on the International Protection of Adults, January 2000) which could be used to determine which jurisdiction has the authority to take steps to protect the person or property of adult who is not in a position to protect his or her interests.

It is good policy to prepare a Power of Attorney well in advance and discuss the written document with those close to you along with the person who will act as the agent (and alternate agent) but do not sign or date the document until that point it time when you feel it should to take affect. The reason behind delaying signing the document is due to the fact your signature may immediately activate the conditions in the document giving the agent authority over your affairs at an inappropriate time unless specifically stipulated.

Another method of delaying the activation of Power of Attorney, as suggested by legal council, insert a special cause that would require to have the principal’s physician submit a document citing the principal has lost the capacity to attend to his or her personal business or personal care. Only by presenting the physician’s certificate could the agent activate the Power of Attorney and all it’s clauses.

By doing your research and preparing a well informed Power of Attorney document and selecting the best possible agent, along with an alternate agent, to act on your behalf, you can ensure your safety, security; comfort and welfare for those years when unpredictable circumstances may arise that prevents you from looking after yourself.

Regardless of how hard one works to protect their life and assets always remember there are also always those who are continually trying to find new ways to defraud people of their assets and their way of life. Seniors should always be cognizant those trying to take advantage of them will not always be strangers. Finally, with all your information, still always be prepared to review your document and make the necessary adjustments that will make you feel safe and secure for a time when you will get all the assistance you require in an appropriate fashion.

Recently there have been numerous warnings of pending emergency situations from such institutions as the World Health Organization, national and provincial Emergency Preparedness Departments as well as Environment Canada. If unprepared, these emergency situations could greatly affect the safety and security of thousands of Canadians, many of which would be senior citizens.

One only has to remember the changes in weather systems and in other aspects of our environment that have taken place in the last 50 years to realize the Canadian general population is being affected in ways never seen before. Such changes as hotter, dryer summers, massive storms in new areas, more intense ultraviolet rays, contaminated water supplies, and melting ice caps, along with stronger flu viruses are reasons for concern no matter where you live in Canada.

Regardless of the type of crisis that will affect a community in the future, there is always a minimum amount of planning required to ensure the comfort, safety and security of its population prior to any emergency situation. In most jurisdictions in Canada it is a legal requirement for all incorporated areas to have an up-to-date Emergency Preparedness Plan in place for the protection of the population within their boundaries.

In order to ensure they are as safe as possible during a crisis and to prevent them from being put under unnecessary stress and danger, senior citizens should take extra care to be well prepared for what many experts refer to as the eventual crisis that will affect most Canadians in the near future in some type of unfortunate circumstance. Adverse events involving ice storms, floods, power outages, as well as health and welfare issues including the projected “flu pandemic” will greatly affect both the very young and old and put tremendous pressure on the emergency services of any community in which the emergency event occurs.

The concern about the tremendous pressure that will be placed on any Emergency Measures Organization during a major crisis has lead the Department of Public Safety and Emergency Preparedness Canada to issue an emergency measures guide stating everyone should be self-sufficient for at least 72 hours or longer depending on the circumstances of the crisis.

As seniors we have to think of what we would do if there was no electricity for 72 hours, isolated in an outlying area or living in a large complex where a large number of residents get sick. What is the backup plan should medical treatment or access to special medication not be available for a long period of time? How would you deal with potential circumstances that would involve the lack of heat, restricted travel, maintaining an adequate food and water supply for the recommended 72 hours while waiting for services to be restored or emergency help to arrive?

Having a basic emergency plan in place that addresses your individual situation will greatly reduce the adverse affects of any type of disaster or emergency situation. A plan is not complicated to complete when following the steps in the “Emergency Preparedness Guide” and will give you a sense of security while you wait out those first 72 hours. A well designed plan followed during a crisis could save your life and the lives of others regardless of where an individual or family resides. The onus is on the individual household to have a basic emergency plan that can be adjusted to address any special circumstances regardless of the situation. To assist in preparing a plan a copy of the “Emergency Preparedness Guide” should be available at the local community administration office or by calling 1-800-622-6232. By following the steps included in the guide and using the checklists, seniors can be better prepared to protect themselves and their loved ones during an emergency.

How well are you prepared to protect yourself and those you care for in a time of crisis?

This article published in the Horizons Magazine, New Brunswick, Canada-2006-12-06

Volunteering is an old and honourable endeavour for many senior members of our Canadian society who gladly participate with others in order to benefit those less fortunate or in crisis. Whether it be in a time of war, a social or natural crisis or just standing beside a Salvation Army Christmas kettle thousands of Canadian seniors show their generosity by doing their part year after year.

As a result of the great efforts by thousands of senior volunteers over the past 40 to 50 years, valued at billions of dollars each year, it has become the norm rather than the expectation for government services, public organizations and hundreds of community support groups to depend on volunteers to provide a significant amount of their services. One only has to read the various daily newspapers to see how dozens of organizations actively recruit volunteers on a regular basis and to get an indication of the level of dependency many organizations have on obtaining free volunteer labour.

In no way should there be the impression volunteering is not a good activity for seniors to give back to their society from which they may have benefited from services provided by others. What should be questioned is when is enough enough when it comes to seniors being a major source of volunteer labour in years when they should be enjoying their free time after many years of hard work. There is a belief that volunteers should not be used in support of activities where sponsoring commercial enterprises and executive board members of organizations benefit financially from the success of an event or activity. This is not to say that an organization cannot have fulltime paid employees supplemented by volunteer labour but does mean funds should be accounted for and directed to the day to day operations not to high priced directors and boardroom executives.

Another aspect of volunteering of which seniors should be aware are the tactics used to get them to volunteer or donate to various activities. Those tactics can include peer pressure, guilt trips, dramatic advertisements, social pressure by high profile socialites and by playing the political correctness card for being a volunteer.

The increasing impression throughout the fundraising community is that seniors are an unlimited source of volunteers because of their increasing numbers, they no longer have to report for work on a daily basis along with the misconception that most of them have little else better to do than volunteer.

It is a fact many seniors wish to volunteer, for various reasons, part of their free time to their favourite organization but in no way should that support be an indication they want or need to spend every hour of their new found freedom in retirement working for numerous organizations, unless it is what they wish to do, without being subjected to any type of pressure or high level recruitment program. In no way should a senior be thought less of by others should he or she wish to be selective as to what organization he or she would support or set a limit as to the number of hours they wish to volunteer but they are by many people in our society.

Volunteering should be an enjoyable and fulfilling aspect of a retired senior’s life when the feeling that volunteering is an obligation is kept to a minimum unless otherwise decided by the participant. Should a senior volunteer start getting the feeling of guilt about missing a meeting or another type of function while finding very little gratification when participating with an organization its time for a reassessment. By stepping back and reconsidering his or her options, pertaining to their volunteer hours, will give the volunteer an opportunity to change direction by considering associating with a more interesting activity or just take a time out from some or all volunteer activities.

There may be a substantial number of seniors reading this presentation who have the feeling that because of volunteering commitments they have very little free time to do the simple things they could be enjoying in their personal life i.e. reading, taking day trips, visiting relatives, going to movies, watching sports, participating in a regular exercise program or spending time at their favourite hobby.

There are also those who feel they are putting in more hours at volunteering since their retirement than they did working prior to their retirement. Should that be the case the individual should be reviewing his or her priorities and ensure that is exactly the type of life style they want in their retirement years and if it is not, make the necessary decisions to change to a life style that can be more enjoyable and free up more time for personal activities.

Another consideration for volunteering seniors, especially those who may be on a fixed income, is what are the potential costs for you as an individual to volunteer in support of all of the activities in which they may participate. When a person is asked to volunteer, he or she should become aware of what is the policy of the organization with relation to any costs that be incurred by a participant. Everyone knows or should know there is always the probability of there being out of pocket personal costs for such things as travel, gas, accommodations, meals, stationary, telephone use, computer paper, stamps and other office supplies when working on various projects. By being aware of the recuperation policy for out of pocket expenses should be one of the very important considerations in making a decision as to which organization one will become involved with as a volunteer.

Do not be surprised that many organizations expect volunteers to pay their own expenses out of their own incomes including the donation certain food items for meetings, fundraising and public relation events without any type of reimbursement.

Many volunteers may find a sudden decease on the demand for their free time should they request some type of reimbursement for out of pocket expenses related their volunteering activities. The type of response given to such a request will give a volunteer a very clear indication of how much is expected of them and how much an organization values their time and services.

Anyone reading this article and can relate to any of the concerns and the negative aspects of volunteering mentioned, it may be time to reassess how volunteering is affecting you personally and whether or not it is enhancing your retirement as it should.

Helping others through association with any of the hundreds of charitable organizations in Canada should be an enjoyable and gratifying experience especially for those who have worked for years and waited for that time in their lives when they would be able to reduce their level of obligation and commitment.

As a relatively new retiree I was surprised by the number of people who asked “What are you going to do with all your free time now that you are retired?” There was the assumption I had made no personal plans or had any special interests prior to my retirement which I wanted to pursue during my retirement years. Then there were the negative reactions when I said “no”, very politely, to those who requested I join their group or organization as a volunteer. I was honest with all of them by saying I wanted to look at what options there were available which matched the interests I had developed prior to my retirement.

Now that I have taken the time and completed all the long term obligations I had prior to retirement, I am making only short term commitments on a one at a time basis while donating only my time and experience. By being selective and scheduling my time better I have much more time to expand and develop my person interests to a higher level in a relaxed manner.

I truly believe volunteering should be an enjoyable and fulfilling experience while one provides a benefit to society but it is only the volunteer who can ensure it’s good for the individual participant. It is becoming more apparent every day the appreciation for the volunteer is on the decline as indicated by recent events and comments by government, commercial and public organization officials.

Just check out recent budget cuts by governments and check out what it would cost for a person from New Brunswick to be a volunteer at the 2010 Olympics in British Columbia then you will see who does benefit the most from all the government and sponsorship money committed to the Olympic event. When a volunteer sees how many charitable organizations do aggressive or creative accounting to hide where funds actually do go (as reported in the Globe and Mail, dated December 18, 2006) it will make them feel very much misused and abuse when it comes to their services. It has been reported that in some cases as low as 20 cents of every dollar a volunteer rises ever gets to where it is supposed be of benefit. This greatly varies throughout the fundraising business. Just imagine if you worked at an event for forty hours which raised $2000 and then you found out later only $400.00 actually went to help anyone, what would you think of that organization and its’ administration.

For those who may see themselves in any of the situations represented, remember its’ your retirement, your money, energy and time. Now it is your time in life to make up for all those days when you had to give up things you enjoyed and wanted to do but could not because of the many obligations you had over the years therefore be well aware of what volunteering can do for you and to you.

Dear Editor:

After Canadians have read the numerous media reports and watched various television news channels over the past few months they are wondering when the laws of their country were changed to compensate for political correctness?

Many are asking, when has it become legal policy not to enforce the Criminal Code of Canada (CCC) because the laws that are being broken by protesters are in the name of a supposedly politically correct cause? Is it now legal for masked demonstrators, lead by a wanted convicted felon, who admits they are armed and will become violent should anyone attempt to stop his group from committing illegal acts to disrupt law abiding citizens of this country?

Everyone has the right to peacefully express themselves as long as they remain within the laws of this country. At no time should masked criminal protesters be permitted to roam the streets of our cities committing illegal acts, attacking police, causing millions of dollars of damage, and threatening to hurt others should anyone attempt to stop their illegal acts without being subject to the full extent of the laws of Canada, regardless of the cause.

By the lack of enforcement and sentencing reports pertaining to the various demonstrations which have taken place over the past few months many Canadians are of the opinion that those who have a politically correct or special cause will be treated differently than an average Canadian would be treated under the exact same circumstances under the CCC.

When has it become a tactic of law enforcement to allow illegal acts to be committed and also allow those breaking the law to determine not only when the crimes will be committed but letting them decide when they will end? While at the same time the authories stand back hoping the leader of the criminals, a wanted felon, will turn himself over to police during a mass media photo opportunity.

Anyone who wears a masked while demonstrating or protesting is either ashamed of the cause, intents to participate in activities he or she does not want to be held accountable for or is someone who possibly has outstanding charges related to previous illegal activities. By wearing a mask is not only another offence while committing a crime it also reduces the creditability of the cause and all those who peacefully participate.

Finally we, here in Canada, have never seen our outstanding soldiers wearing masks while performing their duties on any television network in an attempt to hide illegal acts and we should hope we never will, as we have seen with those violent protesters across this country in recent months.

Everyone should be able to speak up and be heard but within the law of the land.

Over the past 30 years it has become fashionable for one to be a social participant to some degree as an environmentalist, either by being a member of some local club or organization which professes to have a desire to prevent further damage to the world’s environment.

A review of many activities and organizations related to the Environmental issues, whether it includes putting out color coded garbage bags on pickup day, chaining oneself to a tree of undetermined age, protecting wetlands or one the hundreds of other issues activitists want to address, to numerous to mention, clearly illustrates a very splintered movement made up of special interest groups with very little or no cohesion.

There are people from all levels of society who become members of local or national clubs and organizations dedicated to protecting some kind of plant, bird or water source in order appear to be politically and socially correct in the eyes of their

family, friends or those they wish to impress in high places. It appears many of the memberships are for show only and used to give the appearance the card carrying individual is a person with a social conscious, a person with concerns and really cares about the world.

The most recent display of how fragmented the environmental movement is, was in the federal election held on Jan. 23, 2006 when the federal wing of the Green Party failed to elect even one member to the House of Commons and only received support from only 4.5% of all votes caste across Canada.

Questions have to be asked about why the Green Party received so little support when there are numerous published reports indicating Canadians are supposed to really concerned about is happening to their air, water and the damage caused by climate change to coastal regions. Where did the votes from all those card carrying special interest environmentalists and their fellow club members go? Where were the votes from all those employees who benefit from working for the hundreds of companies in environmental related industries?

It would seem those who appear to have an environmental conscious do not use their secret vote to support the same issues they support verbally in public. Apparently they used their votes to address concerns that were more important to them than the environment and voted for other parties.

Would it have not been a benefit for those with true environmental concerns to have elected at least one member to the House of Commons from the Green Party especially in a minority government situation? Another example of the Green Party being let down by caring Canadians was when the leader of the party failed to get elected in a recent by-election in Ontario. The minority government situation would have given a great opportunity for a Green Party member to advance the causes of the environmental movement when the balance of power is so slim. Having one or two elected members would have given the Green Party a chance to raise its’ profile and possibly influence some of numerous policies recently presented in the House of Commons without having to have high profile celebrities from other countries representing it’s issues and making fools of themselves on our national television networks.

The next time you attend a meeting , conference or public demonstration related to environmental issues look around the room or parking lot and ask yourself “ How many and which ones of those present actually voted for the Green Party on Jan. 23, 2006? By doing a simple survey will give you an idea of the level of creditability of those around you at an environmental activity. Should there be 50 persons participating, there is a good chance only 65% voted in the last election and only 4.5% of them voted for the Green Party candidates (Figures obtained Elections Canada web site, dated Apr. 10, 2006), now do the math. The results of your calculations will give you the approximate level of creditability of those participating in the event. The argument may be made the percentage would be higher for those attending but when one looks at the national vote and the numbers of those involved in environmental activities the percentage would still reflect the lack of voting support for environmentalism by those who profess to care.

Until a greater portion of those professing to be supporters of the environmental movement put their votes behind their public projected ideology and their social stances the environmental movement will remain fragmented and a splintered movement. The lack of honest and creditable support will force the many true activitists in the small special interest groups to continue their individual struggles for their pet projects without any type of creditable voice or cohesion, such as representation within our electoral system.

Until there is a demonstration of greater cohesion amongst the hundreds of special interest groups the majority of Canadians will continue to think of environmentalists as attention seeking noise makers, with their clubs and associations supported by government grants, giving the appearance to be a place for just the educated elite along with the politically and socially correct members of society who profess to have all the answers and solutions for everyone else. By just reviewing the voting habits of those professing to be true environmentists most Canadians will have plenty of supporting evidence for those impressions which will be hard for those in the environmental movement to change.

In the future it will be necessary for those participating within organizations associated with the environmental movement to realize cohesion has to start at the local and provincial levels before they can do so nationally. Example, bird lovers have to work with tree lovers, tree lovers have to work with soil protectionists and so on to form a solid network where one substantiated cause is supported by all others. Eliminating the divisiveness within the environmental movement is the total responsibility of all activists, regardless of individual concerns, by doing so will give all Canadians constructive, concrete and visible evidence of the value of the movement without having to get involved with violence, demonstrations or other attention seeking devices.

The world is a wonderful place and all issues concerning its environment whether it be the lose of one wild flower species or it be a 1,000,000 barrel oil slick on the ocean, should share equal concern and attention from all of us, if the world is to remain a wonderful place long after we are gone.

Dear Editor:

Published 07 July 2007

With the closure of the House of Commons in Ottawa and the Provincial Legislature in Fredericton all our elected representatives will be returning to their ridings for the next few months and should be making themselves available to their constituents.

The next few months is an opportunity for those voters who sit at social meetings, in the coffee shops and bars around the province complaining and whining about high taxes, bad or reduced government services and bad polices, a chance to hold their representatives accountable for their actions during the last session of the governing bodies.

Regardless of their political affiliation, all voters should be directly questioning the actions of all parties and their elected members. Whether you have an issues with taxes, annual government grant system, the war policy, broken promises, political appointments, submitting inaccurate expense claims, misleading the public, law and order polices, community group favouritism or any other issue that is supported by tax payer dollars, you, the voter, should be holding your representative accountable for his or her actions.

By setting around in small groups of five or six complaining and calling politicians crooks and liars does nothing to change policies or the actions of your elected representatives and their parties. The worse thing you can do, as a voter, is not ask questions, remember the answers or fail to vote, that only makes it easier for those elected to do what they wish without being held accountable.

Many New Brunswickers cannot understand how 60 million dollars could have been used to bail out a Caisse Populaire when the province had already a projected deficit of 400 million dollars and taxes raised because of it? They would also like to know where the 60 million dollars for the bailout was found and how will this bailout affect other programs and services or do we now have a 460 million dollar projected deficit? There are those who ask why have there been no charges laid or a public investigation into the mishandling of the financial institution’s funds and where did those funds go?

There are thousands of voters who cannot fathom how a government can mislead seniors of this country with reference to Trust Funds and then justify their actions by saying it is better for Canada to have thousands of seniors and retirees loose hundreds of millions of dollars from their pension plans than it is to change the tax laws for the governments’ corporate sponsors?

All voters understand MLAs and MPs have expenses and understand they should receive appropriate reimbursement but they should not have to accept the submission of questionable expense claims without there being some type of legal sanctions being taken against the individual who would try to obtain inappropriately extra tax payer money. We all know what happens to an average tax payer when he or she attempts to submit an inappropriate tax return.

All polices and actions of an elected government and those in opposition should represent the wishes of the electorate not the wishes governing party, its leader or those who contribute to political parties. Therefore, every elected representative should be asked what is his or her priority; the wishes of those they represent or the party line? Do you condone the actions of your fellow party members when it comes to their performance and actions in the House of Commons or the Legislature, especially during the televised question periods? As a voter, be sure to remember the answers when you vote in the next election whether they were evasive or not.

These are just a few of the issues and situations disturbing many voters in the province, now is the time for all voters to contact their elected representatives and hold them accountable for their answers, policy stance, parliamentary actions, honesty and how they deal with those they represent through their very important position.

The voter is the only one who has the power of accountability and if they (you) do not exercise that power fully your elected officials will continue to do things which will only benefit those the political parties and their leaders select and then present the bills to the tax payer. The accountability process should be done on daily basis not just in election years and the electorate should maintain its’ memory over the long term then elect a representative not a party using the accumulated information over those years.

Tax payers, voters, its’ your government, you can change it but you have to participate beyond whining and complaining in places where no one is listening. If you do not participate or vote you have no right to complain, whine or hold anyone accountable regardless how much tax you pay.

Edited versions of this article published in Times Transcript, Telegraph Journal and the Sackville Tribune Post in New Brunswick, Canada

I am a gambler.

When I am invited to play in games of Texas Hold’m poker in various locations throughout the Maritimes,
I am not a good tourist and should not be considered as one. And most gamblers are not.

Use the example of a bus that leaves Bangor, Maine or Fredericton and disembarks sixty gamblers at the main
entrance of the Casino after being told the bus will depart at 11 pm for the return home. The vast majority of those making the trip will never leave the casino premises during their stay. They will eat, drink and gamble until departure time. And that is exactly what the casino operator wants and promotes by creating packages where meals and other promotional items are designed to keep the people from going anywhere else.

I agree with having a provincial gaming policy, I agree it will have a certain economic benefit, I agree it is necessary to stop the gambling dollars from leaving the province but I strongly disagree with the concept that the majority of gamblers make good tourists.

For the casinos to have a major affect on tourism they would have to attract non gamblers at the same time they attract gamblers, I don’t think they will spend dollars doing that, it’s not in their best interest.

The area within ten miles of a casino may see minimal benefits economically from rooms and meals but how many gamblers will go to Magic Mountain, travel to Cape Germaine and look at the Confederation Bridge, take a swim at Parlee Beach or bird watch on the Tantramar Marshes? Possibly a few, but probably only the ones with empty pockets waiting for the bus to take them back home. The winners and high rollers won’t be out and about sight seeing.

Although the government is doing the right thing by developing a gaming strategy, the owner operators of tourism enterprises throughout the province should not bet too much on its success pertaining to tourism. The government’s projection of seeing high roller gamblers in Bed and Breakfasts, at beach side resorts and other attractions to such a level that will turn around the overall declining tourism industry is unrealistic and will not make everyone in the industry healthy and wealthy.

For tourism enterprises to attract people/gamblers away from the casinos it would take a tremendous amount of promotional dollars and most operations cannot compete with the promotions put out by a casino. Further more tourism numbers which include visitors who go to casinos should not be included in future tourism projections, by doing so would create an artificial projection.

Although there will be economic benefits they will be regionalized and specific, the projection of visiting gamblers spreading their dollars to the four corners of the province for the benefit of all New Brunswickers I consider a myth and a concept I would not bet on.