
 
        
         
		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*