John has dementia. Unfortunately, it is the aggressive and angry kind of dementia. His family came to my office. The facility where John is located cannot keep him because of his aggressive behavior. The family came to us in part to help place John.

Several years earlier, John and his wife Margaret had prepared healthcare and financial powers of attorneys by another law office. I am assuming that just because of their advanced age, they thought John and Margaret would be better served if their children, Ralph and Rhonda were the agents. As a result, each had independent power to act, without the consent of the other. Though Margaret (the wife) had full capacity, she was not listed as John’s power of attorney

So, here we are. John needs to be placed in a new facility. And guess what? His children, Ralph and Rhonda, cannot agree on where John should be placed. And Margaret, John’s wife, has no say so, according to the legal documents that were prepared.

The healthcare power of attorney is a form that was used by the attorney. It had some optional blanks in it that were not utilized; so it really did not give me any help on what John’s real goals were.

Why does a person even need a healthcare power of attorney? Can’t a person’s children or their spouse act for that person? As a general rule, without a healthcare power of attorney (or a guardianship—another article!), your family has no legal authority to act for you.

So, what should you be doing with a power of attorney?

First, be sure your “agent” (this is the person that you choose to act for you when you cannot) is capable of carrying out your wishes. Is this person strong enough to make healthcare decisions, even if it is not the healthcare decision that they would make for him or herself, but instead will follow your wishes?

Second, modify or draft the healthcare power of attorney (HCPOA) to reflect your wishes. As an example, in my personal HCPOA, I defined what I think is an acceptable quality of life and what is not an acceptable quality of life. If I cannot recapture an acceptable quality of life, then I actually restrict my agent’s authority—the agent has less power to do things. Similarly, if I have dementia, I have some strong rules on what my HCPOA can and cannot do.

Third, visit with your HCPOA agent. Let them know what kind of power you are going to give them, but also let them know your wishes, and how their power can be restricted, under certain circumstances, particularly decisions about the end of life.

Why are we doing all of this? Part of it is to provide legal cover to your agent, but also to cover the healthcare providers involved. It also establishes legal authority in your agent to “say no” to a healthcare provider. Even more important to me is that my agent, through the expressions contained in my HCPOA, does not feel guilty by making hard decisions in following my wishes.

Just a personal example: When I was caring for my grandmother, she was 93 years of age. I made a decision to terminate many of her medications, treatments, and tests. It just seemed like they were creating their own set of problems.

I was the HCPOA agent for my grandmother. So I had the authority. Upon learning of my decision, her doctor wrote me a letter saying I was “artificially accelerating” my grandmother’s death.

My grandmother still had capacity. I read her the letter. She smiled and assured me I was following her wishes, but I was lucky because I had her reinforcement.

We took my grandmother off of her many medications, and then stopped the tests and treatments. And guess what? She got better, and lived another few years.

It does not always end that way. Recently, a friend’s mother in law was very ill. The treatment offered to her would give her a few more days, perhaps even a few months. Her three daughters were going in different directions from each other. By chance, they all ended up in the hospital room at the same time, and Mom had a moment of clarity in which she sat up and said, “I am ready for hospice!” Suddenly everyone was on the same page. Within a day, mom was gone.

Let me return to my story from the beginning. What was important to me was to break the impasse that Ralph and Rhonda had created, and that the deciding vote really needed to be Mom. We got the children and their mom to visit a facility and decided it was acceptable—a good conclusion. We were lucky.

So, pick your agent well; express your wishes; and then communicate them to your agent.

Randy Clinkscales of Clinkscales Elder Law Practice, PA, Hays, Kansas, is an elder care attorney, practicing in western Kansas. To contact him, please send an email to [email protected]. Disclaimer: The information in the column is for general information purposes and does not constitute legal advice. Each case is different and outcomes depend on the fact of each case and the then applicable law. For specific questions, you should contact a qualified attorney.

By EDWARD CROSS
Kansas Independent Oil & Gas Association

July is a special month for many Americans. Most of us will eagerly take a break from our busy summer schedules to once again celebrate Independence Day. There will be much fanfare with fireworks, parades, picnics, and other patriotic events celebrating our country’s independence from Great Britain in 1776. But when the festivities have ended, only a few will have reflected upon the true meaning of independence and the role it has played in shaping our nation’s character.

Freedom and independence are cornerstones in the foundation of our country’s heritage. The independent ideology of the American people is a fundamental element of our society and a key to our nation’s prosperity. We must protect that independence at all cost.

One important freedom we must protect is our free enterprise system. American business, and certainly the oil and gas industry, was founded upon the ideology of independence and free-market principles. Those principles allow business to be governed by the laws of supply and demand without government interference and excessive regulation. The dynamic free market has led to innovation and wealth creation, and has established an economic environment where hard work is rewarded.

Today, however, it seems free-market capitalism and independence is often under attack by those who oppose American energy development. Small vocal groups of activists across the nation work to obstruct energy development, reducing our energy options under the false belief that oil and gas production and use are incompatible with environmental progress.

Few doubt that energy has improved lives and enabled human progress. Yet one of the biggest challenges facing the world is the polarized debate over the future of energy. Facts and economics are too often replaced with assertions and emotions. Discussion about fossil fuels and alternative energy sources often degenerate into a battle to delegitimize the other side. This is a recipe for inaction. And it keeps billions of people trapped in energy poverty. Almost 40% of humanity has access to only rudimentary forms of energy and a very low standard of living. The world expects and deserves better.

U.S. carbon emissions are the lowest they have been in nearly seven decades. In addition, data from the U.S. Environmental Protection Agency and Energy Information Administration shows that from 2011 to 2017, methane emissions from oil and natural gas production in the U.S. decreased by 24%. This downward trend is occurring even as U.S. oil and natural gas production grows dramatically. U.S. oil production has doubled since 2008 and is projected to grow another 50% over the next decade. Mischaracterizing oil and gas activity has been and continues to be a common practice and strategy of activist groups across the nation.

Cutting U.S. oil and natural gas production would raise costs significantly for American families and manufacturers, profoundly damage the U.S. economy, diminish our geopolitical influence, and severely weaken our energy security. And that is not a path most Americans want to take.

The fact is the oil and natural gas industry has proven that over the long-term, it is possible to lead in energy production and in environmental stewardship.

We must abandon policies driven by a zero-sum game philosophy for energy that says we must have less oil and natural gas so that we can have more of something else. We should set aside the acrimony and division that has marked too much of past national energy policy discussions and work together as one nation on a positive forward-looking energy future based on the understanding that our nation’s best energy future can only be achieved through a true all-of-the-above energy strategy.

In his 1946 Independence Day speech, John F. Kennedy said, “Eternal vigilance is the price of liberty.” Those words were never so true. Being mindful of the erosion of our independence and free-market system by those who oppose American energy development cannot be over emphasized. We must, now more than ever, remain steadfast in our resolve to protect and preserve the precious independence that has molded our nation’s character.

Sweet corn is one of my favorite summer treats. Unfortunately for many people who grow their own in their gardens, the anticipation of picking the ripe sweet corn turns to anger when you find that raccoons have stolen your bounty before you had a chance to pick it.

I found a short article from Ward Upham, horticulture expert for K-State Research and Extension that tells how you can protect your sweet corn for yourself, instead of the little pests taking it from you.
 It seems the official sweet corn inspector should be the raccoon as they seem to harvest the sweet corn the day before it is to be picked. The only effective control measure I have had success with is fencing; either electric or kennel fencing.

First are some suggestions for electric fencing.  Other designs may very well work but this is what has worked in my garden.

• Two or more wires must be used. Place the first about 5 inches above the ground and the second 4 inches above the first (or 9 inches above ground). Raccoons must not be able to crawl under, go between or go over the wires without being shocked.

• Fence posts used for electric fences work well for this application (go figure), as do the insulators used to support the electric wire.

• It is much easier to use the woven electric wire with strands of wire embedded than to use a solid metal wire. The woven wire is easier to bend around corners and to roll up when done for the year.

• Though both the plug-in and battery operated fencers work, the battery operated types allow more versatility in where corn is grown. One set of batteries is usually sufficient for the season. In my case, I pull the battery out of an old tractor that is not used often. It will also last the season if fully charged at the beginning. My fencer is probably on for a total of a month.

• Start the charger before the corn is close to being ripe. Once raccoons get a taste of the corn, they are more difficult to discourage.

• Control weeds near the wire. Weeds can intercept the voltage if they touch a wire and allow raccoons entry beyond the weed.

• Check the wire occasionally to make sure you have current. This can be done easily (but unpleasantly) by touching the wire. There are also tools that will measure the voltage available for sale. They are worth the money.

As mentioned earlier, kennel fencing can also be used. Make sure that the panels are tied together well enough that raccoons can’t squeeze through corners. A covering over the top may be needed if the raccoons figure out how to climb the panels.  Welded garden fence can work well for this.

Alicia Boor is an Agriculture and Natural Resources agent in the Cottonwood District (which includes Barton and Ellis counties) for K-State Research and Extension. You can contact her by e-mail at [email protected] or calling 620-793-1910