48 THE QUEENS COURIER • HEALTH • DECEMBER 6, 2018 FOR BREAKING NEWS VISIT WWW.QNS.COM
health
Elder Law Minute TM
New Rights for Air Passengers with Disabilities
BY RONALD A. FATOULLAH, ESQ.
AND JOSEPH BRENINGSTALL
ELDER LAW
In this day and age of grumbling over
baggage fees, paying for drinks and
snacks, and the increasingly shrinking
legroom on airplanes, we sometimes forget
The Caregiver’s Role and Aging
BY DR. SHELDON ORNSTEIN
Th e role of the middle-aged off spring
in caring for the elderly parent has
been oft en described in social science
research and popular magazines. Even
as elders are being cared for, they are a
source of support – emotionally, socially
and fi nancially – by providing living
arrangements for the adult child who
may be the caregiver.
Th e caregiver in an elderly couple is
most frequently the wife, as women live
longer than men and are usually younger
than their spouses. If the woman
is impaired, the husband will oft en
become caregiver.
Th e spouse is the primary source of
help for the married elderly with impaired
capacity and adult daughters are the
major helpers when a spouse is not present
or not able to suffi ciently help.
Th e probability of relying on friends
is highest among impaired elderly who
are unmarried and have few family
members within an hour’s travel. Th e
more frail the person, the more likely
a family member will be the primary
caregiver rather than any formal systems
or non-related people.
When the spouse cannot manage care
for the elderly parent, children try to
assist. Sons tend to become caregivers
only in the absence of an available
female sibling, and are more likely
to rely on their own spouses for support
and help. Sons tend to provide
less direct care assistance and are less
involved. Hence they do not feel as
stressed by the caregiving experience.
Th e elderly person who cares for a
disabled or ill spouse is a hidden victim,
at risk for physical and emotional
stresses of caregiving superimposed
on stresses of the aging process. He or
she is likely to experience a barrage of
feelings and “role overload,” including
being head of the household.
Th us, the family caregiver for the
non-institutionalized elder is in need
of help from support services. Th ese
services for the spouse could include
a wives support group sponsored by
a senior center, home health care,
adult day care, foster home placement,
extended respite care, a homemaker,
and visitor or relief services.
Th e following are various programs that
can be eff ective for reducing stress for
caregivers of elderly family members who
are emotionally or physically disabled:
Support groups, especially for caregivers
of loved ones with Alzheimer’s
or other dementia, which off er practical
solutions to problems as well as emotional
support;
Respite care programs based at the
person’s home or in agencies, to care
for the ill person when the caregiver
needs time off ;
Education about stress management
techniques that enhance abilities to care
for the self as well as the family member;
Telephone crisis counseling to elders
and their caregivers and use of telecommunication
services may be increasingly
available and paid or provided for by
insurance companies and Medicare.
Finally, to the caregiver, whether
spouse, daughter or son, you will have an
important role in implementing a few or
all of these interventions. Don’t be reluctant
to test out their availability and their
value to you as the giver of care and the
individual who requires it .
Th e author Anaïs Nin said it best with
the following quote, “Life shrinks or
expands in proportion to one’s courage.”
Sheldon Ornstein Ed.D, RN, LNHA
Dr. Sheldon Ornstein is a registered
professional nurse with a doctoral degree
in nursing organization. He has specialized
in the care of older adults and has
published many articles on the subject.
He has done post-graduate work in gerontology
and has taught at several universities.
In 2013, he was inducted into
the Nursing Hall of Fame at Teachers
College, Columbia University.
that, for passengers with disabilities,
the prospect of air travel can be truly
daunting. However, a recently enacted
law may provide a new measure of comfort
to passengers with physical limitations.
On October 5, 2018, the Federal
Aviation Administration Reauthorization
Act of 2018 was signed into law. Included
in the law were a number of reforms
designed to protect the rights of airline
passengers with disabilities and
to resolve some of the issues that they
encounter at the airport and on airplanes.
Th e law directed the Federal Aviation
Administration (FAA) to create a bill of
rights to ensure that passengers with disabilities
are able to travel without discrimination.
While airports are currently governed
by the American with Disabilities Act
(ADA) and air travel is covered by the Air
Carrier Access Act, the new law directs
the FAA to expand the previous protections
by creating a clear and concise list
of six basic rights that passenger with disabilities
are entitled to. Th ese are:
• Th e right to be treated with “dignity and
respect”;
• Th e right to receive timely assistance if
requested;
• Th e right to fl y with a wheelchair or
other accessibility devices;
• Th e right to receive seating accommodations;
• Th e right to receive announcements in
an accessible format; and
• Th e right to speak with a complaint resolution
offi cer or to fi le a complaint
with an air carrier or the Department of
Transportation (DOT).
In addition to the humiliation and discomfort
that individuals with disabilities
oft en encounter with regards to
going through airport security screening
procedures and boarding the aircraft ,
they are oft en injured and have reported
many instances of damage caused to their
wheelchairs due to negligence of airport
or airline personnel. Th e new law calls for
an increase in the civil penalties assessed
for bodily harm to a passenger with a disability
and for damage done to wheelchairs
or other mobility aids.
Another obstacle that passengers with
disabilities oft en face is that they must
wait for other passengers to be serviced
before they are off ered assistance. Th is
has led to instances in which passengers
with disabilities attempt to help themselves,
resulting in both humiliating and
dangerous situations. Th e new law calls
for a review, and if necessary, a revision
of the regulations ensuring that passengers
with disabilities receive dignifi ed,
timely and eff ective assistance at airports
and on aircraft .
Advocates for individuals with disabilities
have long been pushing for wheelchair
friendly restraint systems in airplane
cabins that would allow passengers
to board the aircraft without having to
be transferred into regular airplane seats.
Th is would resolve the always uncomfortable,
oft en embarrassing, and sometimes
dangerous situation of seating wheelchair
bound passengers on commercial aircraft .
Th is may also create a possibility of air
travel for those passengers that cannot be
transferred from their wheelchairs even
temporarily. Th e new law calls for a study
of in-cabin wheelchair restraint systems,
in coordination with disability advocates,
air carriers and aircraft manufacturers.
Recently there have been many stories
on the news regarding service animals,
and while some of the stories may seem
amusing to the general public (emotional
support ferrets, squirrels and peacocks,
to name a few) they have also raised
awareness of the need for clear guidelines
regarding service animals and air travel.
Th e 2018 law directs the Department of
Transportation to propose federal regulations
addressing service animals within
18 months.
Th is new law will hopefully restore
a new measure of dignity and respect
for travelers with disabilities and allow
them to see the world without some of
the inconveniences that they previously
encountered.
Ronald A. Fatoullah, Esq. is the founder
of Ronald Fatoullah & Associates, a law
fi rm that concentrates in elder law, estate
planning, Medicaid planning, guardianships,
estate administration, trusts, wills,
and real estate. Joseph Breningstall is a
law clerk with the fi rm. Th e law fi rm can
be reached at 718-261-1700, 516-466-
4422, or toll-free at 1-877-ELDER-LAW
or 1-877-ESTATES. Mr. Fatoullah is also
a partner with Advice Period, a wealth
management fi rm that provides a continuum
of fi nancial and investment advice
for individuals and businesses, and he can
be reached at 424-256-7273.
RONALD FATOULLAH
ESQ, CELA*