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How To Make The Most of The Holidays with Dementia and Caregiving

Fri, 08 Nov 2019 22:56:20 GMT

This time of year is usually joyful and filled with expectations. Holidays can also be stressful for both caregivers and those living with dementia.

Both caregivers and those living with dementia will often feel a sense of loss of what was and never will be again.

Since the caregivers have the ‘healthy brain’ it is up to them to make the adjustments and modifications according to the needs of their loved one.

You will want to avoid blinking lights and real candles. Play their favorite music, keep celebrations quiet and relaxed, plan gatherings at the best time of day for them, stick to daily routines and keep outings brief.

If your loved one lives in a facility, consider holding a small family gathering at their home/facility. Familiar surroundings are so important.

It is helpful to visit with family and friends ahead of time regarding any changes. Give them some tips on what may work well during their visit and what changes have taken place with your loved one.

Think about making new traditions with your loved one and encourage family to be a part as well. Whether your loved one still lives with you or is in a care setting, include them in things that they remember. My mother has Alzheimer’s and is no longer able to send out greeting cards on her own, but we will spend an afternoon going through her address book and I write in the name, address, and have Mom sign her name. She is always so proud when we finish and have a nice little stack of cards ready to be mailed.

Don’t forget to take time for you, as the caregiver. If your loved one lives with you, be sure to seek some respite time to be on your own…. spa day, shopping or take a nap. Be ‘ok’ asking for help and be ‘ok’ with doing less, which will create more, in the end for both you and your loved one…less stress and more time to make new memories.

Our Aging Population and Loneliness

Tue, 15 Oct 2019 05:00:00 GMT

Johnathan Vespa from the United States Census Bureau reports that; “older adults are projected to outnumber kids for the first time in United States history.” The article goes on to say the middle-aged out number children, but the country will reach a new milestone in 2035. People age 65 and over are expected to number 78.0 million, while children under age 18 will number 76.6 million.

With our aging population we are finding one of the biggest issues is that their social circles begin to shrink as the years go by. Friends often move or pass away. Other areas that affect their social circle is limited mobility, hearing and vision loss and other losses and struggles often related to aging.

According to an article titled ‘Aging Care; Combating the Epidemic of Loneliness in Seniors’, a University of California, San Francisco study found that participants 60 years old and older who reported feeling lonely saw a 45% increase in their risk of death. Loneliness has the potential to accelerate a senior’s need for assistance from a family caregiver or another source of long-term care. Loneliness is thought to act on the body in a way that is similar to chronic stress.

‘Aging Care’ also lists ways to alleviate loneliness in the elderly: 1. Listen and observe – The feeling of ‘being heard’ is such a gift which brings them joy. 2. Develop a strategy to defeat seclusion – Identify things they can still be active in that bring them joy. 3. Let them teach you – They are a wealth of information. Have them teach you, which will give them a feeling of purpose. 4. Bridge the generation gap – Bring the youth and elders together to learn from each other. 5. It’s the thought that counts – Staying connected can come in many forms: phone calls, writing a letter, bring a meal over to share with them. 6. Consider a Senior living facility – This may be what helps to fill the void of loneliness. Socialization, activities and events all provided under one roof.

Jamie Ducharme writes; “Loneliness and social isolation are a growing public health concern for people of all ages in the United States. The latest National Poll on Healthy Aging finds that a third of seniors are lonely.”

Women are more likely than men to report a lack of companionship while finding solutions for loneliness is highly personal, research suggests the best interventions are those that involve meaningful social contact, whether that it is volunteering, seeing an old friend, etc. Jamie says; “It’s really about the meaningfulness of the activity and if you’re forming relationships.”

Grief and Loss

Sun, 15 Sep 2019 21:13:15 GMT

So many times in our lives we experience many forms of loss which then can often become some form of grief: moving away from home, children growing up and leaving home, loss of a job, loss of friendships, the death of a loved one, loss of what was and never will be again

All of these losses cause grief and death is one of the most difficult losses in our lives. We grieve what we once had. We grieve the loss of someone important in our life and wonder how we can move forward without them. Life will never be the same, changed forever. Grief is one of the most intense emotions.

Grieving is healthy, it is not selfish or self-centered. Feelings of sadness are ok. There is no time-frame for grieving. There is no time-frame for when the closets need to be cleaned out, or when to ‘move on.’

We are all unique individuals who grieve in our own unique way. What works for Mary down the street after her husband died, will probably not work for you. There is no right or wrong way to live without that person or to grieve.

Give yourself permission to feel and hurt. Some people find themselves feeling angry and then they feel guilty for feeling angry. Anger is also an emotion. Sometimes there are things that were left unsaid and need to be resolved before being able to properly grieve. One way to accomplish that is to write that person a letter. Put all your feelings of hurt, anger and sadness down on paper emptying yourself of all those emotions. Then tear those pieces of paper up and burn them. Envision all your feelings of anger, hurt and sadness being released from you. Forgive that person and yourself for all the things that went unsaid or unfinished and know that once you can forgive them and yourself, then you can start to grieve the death.

Tears are such a precious gift. Crying is a natural response to deep pain and loss and a release of so many emotions. Don’t ever feel embarrassed by your tears, as it is all part of the healing process.

‘Someone once said that when grief picks us up it never puts us down in the same spot. We move. We change. We are all that we were before, plus the experience which has hurt us, plus the new individual who emerges to cope, and to move on. And so, our neat and predictable lives become our past, and our present is always expanding in new directions… one of the most important tasks of grief is the re-organization and re-identification of self. What have I lost and Who Am I Now?’ (author unknown)

So, there is no right or wrong way to grieve and there is no time-frame to grieving. Be patient and gentle with yourself.

You can always reach out to a Grief Support Group. There is one that meets in Park Rapids at the St. Joseph Hospital the 1st Thursday of each month from 2-3:30 PM.

Have you had the End of Life Conversation yet?

Thu, 15 Aug 2019 18:48:15 GMT

Imagine getting that awful phone call from a hospital saying your loved one is in the ER following a car accident or some other type of traumatic event.

You rush to the hospital only to find your loved one is on life support and you are asked the question, do you want them to stay on life support or not? Is there a health care directive in place? Does your loved one have a health care advocate who can speak for them since they are unable to speak for themselves? Have they had this conversation with you if something like this should ever happen?

According to an AARP survey, “More than 90 percent of people think it is important to have conversations about end-of-life with their loved ones, yet less than 30 percent have done so. Similarly, 70 percent of people say they want to die at home, but, 70 percent die in hospitals or institutions.”

According to Honoring Choices of Minnesota,” The most important part of advance care planning is the conversations you have with your family and friends. Writing down our wishes is only helpful if the people in your life who will be involved know about them and understand them.”

Having this conversation is most helpful when all the family can be present whether in person or by conference call. In some cases, families benefit from a facilitator to assist in managing these conversations. A Caregiver Support Coach or Geriatric Care Manager are trained to assist with these types of conversations.

The conversation must allow the loved one to feel free to share their thoughts and wishes regarding end of life. This is the time to hear what their feelings are regarding life support, who they would like as their healthcare agent if they are no longer able to express their wishes, and whether they want to try and be at home at end of life or in a facility. Having this conversation is one of the greatest gifts a person can give their family.

There are several ways to complete a Health Care Directive. Ask your doctor, go on-line for different forms making sure it is one that is legal in Minnesota, or an attorney can assist as well.

There are a few options to finding someone to assist you with filling out a Health Care Directive, but you could start by calling a Geriatric Care Manager Laurel Hed at 732-7236. You can also call 732-3137 to set up a meeting with a facilitator on Advance Care Planning.

Once you have completed your Health Care Directive make sure you make copies for your Health Care Agents as well as the clinic, hospital, family and keep your original somewhere easy to access…. not in your safe.

This could be your final Gift to your family.

Are You Drinking Enough Fluids?

Mon, 15 Jul 2019 21:08:52 GMT

According to an article from the National Care Planning Council, April 2, 2019, “Dehydration, failure to consume adequate fluids to replace those that are lost, is a major problem for the elderly. About 10 percent of all hospitalizations are directly attributable to dehydration. Seniors are particularly susceptible to becoming dehydrated. It can even result in death if severe enough.”

As the body ages there are many changes taking place. People often eat less as well as drink less fluids. Throughout the day they just forget to drink because they do not feel thirsty like they did when they were younger.

This article tells how important hydration is to a person’s body. “Hydration is needed to regulate blood electrolytes, regulate body temperature, maintain blood pressure.” It goes on to explain that, “older people who get enough water tend to suffer less constipation, use less laxatives, have fewer falls.”

Some signs of dehydration in an older person is confusion, headaches, dark urine, cramping in their limbs, sleepiness and irritability, to name a few.

There are a few ways to help your loved one to stay hydrated. Have a variety of different fluids to choose from as well as fruits and vegetables that are more water based on hand. Also pay attention to how easy is it for your loved to get to the different liquids. Find ways to make it available to them. Even then, they may still not drink enough because they just forget to drink and again, don’t feel thirsty. So, reminders are also helpful.

If your elderly loved one lives in their own home, it may take a quick phone call reminder throughout the day or stopping in on your way to work to make sure their beverages are visible and close by.

There are times that the elder chooses not to drink because they are afraid of having incontinence and feel embarrassed. At times like this encourage them to drink the most in the morning and back off somewhat later in the day. Also, basic reminders to use the restroom when you visit and set up some type of reminder to use the restroom before bedtime.

There are several easy to use products that can be used for daytime and overnight to help with any possible accidents that they may experience.

Anyway, the family can help in this area will be beneficial. Dehydration causes so many struggles for people and they have no idea they are having these struggles until it is too late. Often family will find their loved one on the floor extremely confused and unable to help themselves and once in the ER it is determined they are dehydrated. At that point they may have a urinary trach infection (UTI) related to the dehydration. UTI’s can also cause confusion and disorientation and the elder does not have the same discomfort triggering the realization of a UTI as when they were younger.

So, drink up and stay hydrated!!

Alzheimer's Disease

Thu, 06 Jun 2019 03:53:54 GMT

What is Early-onset Alzheimer’s Disease?

According to the Alzheimer’s Association 5% of the more than 5 million Americans living with Alzheimer’s disease have younger-onset also known as early-onset.

Many of these people are in their 40s and 50s. In the United States an estimate of approximately 200,000 people are diagnosed with early-onset Alzheimer’s Disease.

To receive an accurate diagnosis at this age can be difficult. The medical profession can overlook or rule out Alzheimer’s dise ase often relating the symptoms to stress, menopause or depression , w hich then leads to misdiagnosis and treatment. It is also very difficult to diagnose because this disease affects each person differently and symptoms can vary.

The Alzheimer’s Association suggest if you are having memory problems to write down symptoms of memory loss or other cognitive difficulties to share with your health care professional. Also, have a comprehensive medical evaluation with a doctor who specializes in Alzheimer’s Disease. This will involve a medical exam and possibly cognitive testing, a neurology exam and/or brain imaging.

Doctors don’t understand why this disease strikes at such a young age in some people. The Alzheimer’s Association says that if there is a family history that doesn’t necessarily mean you will develop the disease yourself. However, research does show that those who have a parent or sibling with Alzheimer’s Disease are more likely to develop the disease.

As a Geriatric Care Manager, I have had the privilege to work with people of all ages living with Alzheimer’s Disease and other dementias. But what I have noticed is that there appears to be more being diagnosed with early-onset. This is very life altering for both the person living with the disease and the family. Often, they still have children living at home, work fulltime, and have a spouse working fulltime. This is just not the way things are supposed to be. There will be grieving and questions as to what changes l ie ahead , b ut with the diagnosis in pl ace the learning process can begin, and plan s can be put into place. This takes time because no one imagines this c ould happen to them when they are so young.

Learning everything you can early on is the best advi c e you can receive. The more you know the more you can preplan for what will lay ahead. Educating your spouse and children/family as much as possible is also very helpful because they will be your caregivers. The bes t approach to this disease is a team approach. W ith the right help and guidance, you can get through it.

C ontact your local Alzheimer’s Association for a referral and to answer any questions or concerns you may have at 1-800-272-3900 for the 24/7 Helpline. These people are trained professionals who are a great help.

Have You Fallen Lately?

Wed, 15 May 2019 21:00:26 GMT

According to a New York Times article written by Jane E. Brody, “Falls are the leading cause of fatal and non-fatal injuries among older people. Every 19 minutes in this country, an older person dies from a fall.”

In our part of the country we spend many months dealing with ice and snow. That alone is causing more slips and falls. And according to the Centers for Disease Control and Prevention: “falling once doubles their chances of falling again.”

Brody also writes; “there are many factors common among older people that can increase the risk of falling: medical and orthopedic problems and the medications taken to treat them, physical changes that impair balance, gait and muscle strength, sensory declines in vision and hearing and awareness of body position; and pain that distorts body movements. One fall in five among older adults’ results in serious injury, and older people are less able to recover from the trauma physically and emotionally.”

There are several ways to help prevent falls. Regular exercise, keeping up with both vision and hearing checks on a yearly basis, and reviewing your medications with your pharmacist to assure there are none that may cause dizziness or even drowsiness.

You also want to take a good look at your living space both inside and out. Is there clutter on the floor, loose rugs, cords across the walking space? Is your lighting adequate, especially in the hallways and bathrooms? Are there grab bars in the shower and by the toilet? Do you have steps going into your home? Are they in good condition with a sturdy handrail? Is your walkway clear of debris and in good condition?

Any and all these basic things to look for could help to prevent a fall that could change your life. Be safe.

There are times when a person would like to have an extra set of eyes to come to their home to assess for safety. That is where a Caregiver Support Coach or Geriatric Care Manager can be a great help. They are trained to assist a person in ways to stay in their home safely and make recommendations of how to do this. Sometimes a professional can pick out things that a person doesn’t notice when it is in their own home. There may be repairs that are needed and it can be overwhelming knowing where to turn first. A Caregiver Coach or Geriatric Care Manager can assist in finding the right resources in the community to provide what may be needed to help stay home longer.

Falls are often the main reason a person must leave their home. The injury often puts the elder in the hospital and then in Transition Care for therapy and then dependent on the extent of the injury, Assisted Living. If some of these obstacles can be removed ahead of time, and improvements that are needed taken care of, that may make all the difference in the world.

Communication

Sat, 13 Apr 2019 23:01:43 GMT

Jolene Brackey tells a story that helps us learn some ways to better approach a person living with Dementia. The book, “Creating Moments of Joy “is a story reminding us to be more like the sun:

“There was a sun and a cloud in the sky, and they were fighting over who was the most powerful and the strongest. There was a little boy walking on the sidewalk and the cloud said that whoever gets that jacket off the little boy wins. So, the cloud said, “I’m going first.” The cloud floated over the boy and started to blow. He blew and he blew, trying to blow the jacket off the boy. What did the little boy do? He held on even tighter to the jacket. The cloud blew and blew. Eventually, the cloud lost all his energy. He was tired and couldn’t blow anymore. He turned to the sun and said, “All right, I give up. Give it your best shot.” The sun didn’t move. He just waited and warmed up. He radiated his warmth. He was very patient. The little boy started to sweat. The little boy thought, “It’s getting warm out.” So, the little boy took off his jacket.”

Jolene explains that the moral of the story is whenever you try to force anyone in your life – your spouse, your kids, or the person you are caring for – to do what you want, they hold on even tighter. But if you are more like the sun and radiate your warmth, have some patience, and here’s the kicker – give them a reason they would understand, then they are more likely to cooperate with you. Not always, not every day. You are more likely to get a better reaction if you act more like the sun.

This is so true when caring for someone living with Dementia. The more a person tries to force them into doing something they don’t want to do the harder things become.

Think about your approach, body language, facial expression. 90% of our messages are communicated non-verbally. Even someone living with Dementia can sense when someone is feeling frustration. So, take a step back, take a cleansing breath, and try again. Use a calm, gentle, positive approach and chances are you will get much farther with your loved one.

Communication with a person who has Dementia can be challenging because our general rules of communication do not always work. Each person with the disease will also be unique in what works for them.

Your strategies for communication will need to be continually revised as the disease progresses.

Learning more about your loved one’s specific type of dementia is very important to help in understanding the lost skills and retained skills. This will assist in better understanding why communication needs to be adjusted.

Communication Part 2

Sat, 13 Apr 2019 22:54:48 GMT

Did you know that the spoken word provides only 7% of any message communicated between two people? Expression and how one says the words account for 35% of any message communicated. Body language accounts for 58% of any message. This means that more than 90% of our messages are communicated non-verbally.

Communication with a person who has Alzheimer’s Disease can be challenging and each person with the disease will be unique in what works for them.

Some of the retained skills for most people living with Alzheimer’s Disease are music, sense of humor, ability to read non-verbal’s, long term memory, and social graces.

Music and emotion are retained in more than one place in the brain. Using music and rhythm when wanting some to walk or get up or sit down works well. This technique is helpful with someone living with Parkinson’s Disease or Lewy Bodies Disease.

Humor can go a long way. Approaching with a smile, light mood, can often set the tone for how cooperative the person will be.

As I mentioned earlier, most communication is non-verbal’s, so your actions will speak louder than words. Pointing, touching, smiling all are generally well received.

As someone progresses in this disease, the long-term memory is what will be recalled the most. Looking at photo albums, scrapbooks, home movies are all well received. Making a memory box of past mementos are enjoyed as well.

Typically, people retain their social graces remembering to say please and thank you.

Some changes in their communication abilities are speaking less often, relying on gestures instead of speaking, reverting to speaking in their native language, and swearing.

Communicating with a person with dementia requires patience, understanding and being a good listener.

So, how do you help the person communicate?

When a person knows in their mind what they want to say but have a hard time putting it into words, that can be very upsetting. So be patient and supportive and let them know that you are listening and trying to understand. Show your interest with good eye contact and offer comfort and reassurance. Encourage them to continue to try and explain their thoughts. Give them time and be careful not to interrupt. Every time they are interrupted their thought process must go back to the very beginning. Avoid criticizing or correcting, instead listen close and try to understand what they are talking about and when they are done repeat back to be sure you have really understood their message.

If you just can’t understand what they are talking about ask them to show you or point to what they may be talking about.

It is so important to limit distractions. Turn off radios, TVs, find a nice quiet place to sit which will help support the person’s ability to focus on their thoughts.

Focus on their feelings and emotions. Sometimes the emotions being expressed are more important than what is being said. Look for the feelings behind the words. At times, tone of voice and other actions may provide clues.

When Adult Children Come Home

Sat, 13 Apr 2019 22:48:34 GMT

According to a Geriatric Care Manager, there are certain things to be aware of when going home to visit Mom and Dad.

Are the proper medications being taken from the medication dispenser?
Are there grab bars in the bathroom by the stool and in the shower.
Are the smoke alarms functioning properly?
Are there throw rugs out and potentially a tripping hazard?
Are there any expired medications?
Look in the fridge and freezer:
a. How does it smell?
b. Is there any moldy food?
c. Is there little or nothing in the fridge and freezer?
d. Is there an over-abundance of food in either or both?

Pay close attention to your loved one and notice if they are losing weight, dehydrated, or appear depressed. Are they starting to stack the mail throughout the house for fear of throwing away the wrong thing? Are they staying home more, away from their usual activities? Are you noticing dents in the car that were not there before and your loved one really doesn’t have an explanation for what happened?

Any and all these areas should alert families that it is time for a family meeting. If families can do this sooner rather than later, it may prevent a crisis from happening. All too often it ends up being a crisis before families realize that things are changing.

A family meeting can be arranged by the children or they can reach out to an outside person such as a minister, trusted family friend, or professional caregiver coach or Geriatric Care Manager. The point of a family meeting is to review what they as adult children have seen during their visits to Mom and Dad’s home and what each one views as possible concerns. It is important to have a planned agenda prior to a family meeting, keeping in mind that the meeting is for and about the loved one(s). This will often help families stay on task and not get side tracked with family history issues, etc.

If all agree that there are some issues that need addressing, then it may be time to ‘share the care.’ This is when each person offers to assist with one area: someone could offer to come every other weekend to clean house and do laundry. Another could offer to assist with grocery shopping and preparing meals to put in the freezer and ready for the microwave, perhaps another one could offer assistance with the finances, and another to help with doctor appointments.

The point is to not have one person responsible for all the needs of the loved ones. This is a great help in assisting parents to stay home longer and more safely.

These are all helpful ways that may assist in preventing a crisis and keeping everyone on the same page.

TSZ Welcomes Laurel Hed – Park Rapids Enterprise

Sat, 13 Apr 2019 19:55:50 GMT

There's a growing number of retirees and elderly in the Park Rapids area, and with that, a need for services.

Along with providing legal services, Thomason, Swanson & Zahn of Park Rapids now offers something new in geriatric care management.

Geriatric care management includes an initial assessment by Geriatric Care Manager Laurel Hed, a licensed social worker. From there she determines the needs of the client. This may include:

• Referrals for home modification

• Arrange and monitor in-home help, manage medical care and attend appointments

• Act as a liaison to families (living near or far), establish a written care plan which sets forth the goals and recommendations, assist with transitioning an individual to or from home to retirement, assisted living, residential care home or a nursing home if that is necessary

• Advocacy, support and guidance by geriatric care manager while at home, in the hospital, in rehabilitation, or in an alternative care setting

• Support with financial and legal concerns as well as public benefits application.

Hed started in her position as geriatric care manager with TSZ on Jan. 2 and so far finds what she does is different for each family, and the services she provides is a continuation of what she was doing for Living at Home.

"The goal is to help them (clients) stay at home as long as possible, and if not, we help them find the resources they need for the next step," she said. "A lot of times it's just connecting them to the resources in the community."

Some of these things may be finding a housekeeper or a plumber or contractor needed to renovate a bathroom.

Hed does not manage clients' finances and a big part of what she does is act as a liaison to family members.

"A lot of that is keeping open communication with the children. I just assist and make recommendations, make the contacts and phone calls for them."

Sara Swanson and partners at TSZ do elder law and what they're finding out in meeting with many families is the adult children need financial guidance to help get parents' affairs in order. For example, mom may not be able to stay on the lake much longer and dad has dementia.

Swanson and Roger Zahn started looking at geriatric management services a few years ago in working with Hed through Living at Home. Swanson said, as attorneys they may not have all the answers when it comes to the geriatric management, so they put together a team approach through Living at Home.

"We started seeing our elder clients coming in needing a lot more in the way of guidance and life help," Swanson said.

The transition and partnership was easy for Hed as Living at Home has an office in the TSZ building located at 120 North Main in Park Rapids. By combining what Living at Home does in providing volunteer services and legal and social work services through TSZ the team approach provides a clearer picture for clients, Swanson explained.

"This is kind of my dream come to reality," said Hed of her work with Living at Home and TSZ. "To work as a team is going to make it successful."

Hubbard County offers many of the same services as care managers to qualified individuals and families. What TSZ and Hed are doing is providing services to those who don't qualify for assistance and are potentially falling through the cracks because they are not sure where to go for answers.

"Every single situation is unique and that's what makes it exciting," Hed said. "You get to be a part of their life and be able to provide the children that peace of mind knowing someone is there and they have somewhere to turn."

Thomason, Swanson & Zahn describes its first priority is to keep clients living in the home of their choice as long as possible, and oftentimes legal services are not enough to serve all the needs of the firm's elderly clients.

"We know that many of our elderly clients are facing challenges related to living arrangements, transportation, medical needs, family communications and/or social issues. Our geriatric care manager will assist with crisis management when necessary, and will refer you to speak with a lawyer in our firm if legal needs need to be addressed," the firm states in its description of services.

Minnesota DWI Laws

Sat, 13 Apr 2019 19:49:21 GMT

Each year many residents of and visitors to the beautiful lakes country of northern Minnesota including Beltrami, Becker, Clay, Clearwater, Crow Wing, Hubbard, Cass, Itasca, Otter Tail and Wadena counties will be affected by a DWI arrest. It is important to you to understand what the different DWI charges are in Minnesota and how to best deal with them. In every case, it is in your interest to retain experienced legal counsel.

First, you should know that the legal limit for alcohol concentration in the blood is .08 for most drivers and .04 for operators of commercial vehicles. That means that if you are pulled over and test over the limit within 2 hours of driving, you will probably be charged with DWI. However, you can also be charged if you are “under the influence” of alcohol or a controlled substance. This is considered the common-law theory.

Moreover, if you refuse to take a chemical test to determine the amount of alcohol in your system and the prosecution can prove that you were under the influence without reference to a test result, you would be eligible for an enhanced charge and penalty.

Criminal Penalties

As far as criminal penalties are concerned, if you are convicted of DWI for the first time and assuming the absence of any aggravating factor discussed below, the maximum penalty is 90 days in jail and a $1,000 fine, making the charge a misdemeanor (fourth degree).

If, however, there is an “aggravating factor,” i.e. you blow above a .16, have a prior DWI within the last ten years, or have a child under the age of 16 in the car who is three years younger than you or if you refuse the chemical test, it will probably be charged as a third degree DWI, which is a gross misdemeanor punishable by up to one year in jail and a $3,000 fine.

A second degree DWI will be charged if there is a test refusal plus one aggravating factor or if there are two aggravating factors. A second degree DWI is also a gross misdemeanor punishable by up to one year of jail and a $3,000 fine.

Finally, felony, or first degree DWI will be charged if this is your fourth incident within 10 years or following any previous felony DWI or criminal vehicular operation conviction.

Added to these ranges are certain “mandatory minimums” which must apply where certain preconditions exist. If this is your second DWI conviction in ten years, you must be sentenced to 30 days’ jail, with at least 48 hours in a jail with the balance to be served as 8 hours of community service per day less than 30 you served. If this is a third such conviction within 10 years, 90 days is the minimum, with 30 days to be served consecutively in a local jail. A fourth such conviction within 10 years will require 180 days jail, with at least 30 days to be served consecutively. A fifth such conviction within 10 years requires one year of incarceration with 60 days to be served consecutively.

Impact on Driver’s License, License Plates, and Forfeiture of your Vehicle

Driver’s License Revocation

Each DWI kind of DWI conviction subjects the offender to administrative penalties. If this is a first arrest DWI and you “blew” under a .16, upon conviction, your driver’s license would be suspended for 90 days or 180 days if you are under 21 pending prosecution. If you blew over a .16 or refused the test, a 1 year revocation period would apply. As expected the revocation periods increase with the number of convictions sustained within a ten-year period. It should be noted that in certain cases, the revocation period can be reduced to as little as 30 days for first-time offenders.

Many people wonder how they will be able to get their license back and drive during the pendency of the revocation period. First of all, it will ultimately depend on how your case is resolved. If your attorney is able to plea bargain your case to a lower level DWI, the revocation period will also be reduced, but never eliminated entirely. Of course, there are exceptions. In certain cases, your attorney may be able to obtain a complete dismissal of the charges or have the charges reduced to a non-DWI offense.

Assuming a conviction, most people are able to apply for a limited license or an ignition interlock device to regain the ability to drive. An ignition interlock device allows the driver full privileges assuming compliance with the program. This option can be somewhat costly.

Another alternative would be to apply for a limited license. There is a 15-day waiting period associated with the application, but once it is granted, the driver may drive for six days a week for certain reasons such as employment, abstinence treatment, or to get to school as the case may be.

If you do have questions about the impact of a conviction on your unique driver’s license situation, you should contact an experienced attorney.

“Whiskey” Plates

Certain DWI convictions will require license plate impoundment. Those would be violations that occur within 10 years of another impaired driving violation, where the driver “blew” .16 or more, where a child under 16 is present (unless the driver is less than 3 years older), or where he or she is driving on a cancelled license.

If one of those factors is in place, the arresting officer can remove the plates from the vehicle and issue a 7-day temporary permit. This is designed to fit hand-in-hand with the seven-day grace-period driver’s license a driver may get before any revocation period begins.

Once the plates are impounded, you may apply for specially coded “whiskey plates,” which will be imprinted with a W, another letter, and then four numbers. These plates must stay on any vehicle the offender drives for at least one year. The plates signify to law enforcement (and unfortunately anyone with knowledge of them) that the driver of the vehicle has been convicted of a non base-level DWI offense. This can lead to enhanced scrutiny by the police, but it cannot be the sole predicate for a stop.

Forfeiture of your Vehicle

Forfeiture is an extreme penalty. Any vehicle used in the commission of a “designated offense,” often meaning a third DWI in ten years, may be seized and is subject to forfeiture, meaning a permanent loss of the vehicle.

If the person driving the vehicle is not the owner, the true owner can prevent forfeiture if they can show they did not know of the unlawful use of the vehicle, or if they did know, that they took reasonable measures to prevent it. If the vehicle is jointly owned by an offender and another, however, the other person cannot avail themselves of this defense to forfeiture.

Conclusion

This has been a general overview of some of the law of DWI in Minnesota. If you or a loved one is facing charges, it is important to contact an attorney as soon as possible (especially if the person is still in jail) in order to secure the best possible outcome to the case. Thomason, Swanson, and Zahn provides DWI defense services in Becker, Beltrami, Cass, Clay, Clearwater, Crow Wing, Hubbard, Itasca, Otter Tail, and Wadena Counties in the lakes area of Northern and Northwestern Minnesota. We can provide a DWI attorney to assist in courthouses located in the towns of Detroit Lakes, Bemidji, Walker, Bagley, Brainerd, Park Rapids, Grand Rapids, Fergus Falls, and Wadena. Please do not hesitate to call (218) 732-7236 should you have an inquiry.

Assault in the Fifth Degree Charges in Minnesota

Sat, 13 Apr 2019 19:41:22 GMT

The law of assault in Minnesota is very complex, and contains many provisions which can enhance the degree of seriousness of a given offense based on factors outside of what happens in a particular case or encounter. It is important to recognize that any assault charge can be serious, and you should always consult with an attorney about your case before you make any decisions about it.

There are five degrees of assault in Minnesota. This article will address only the base-level misdemeanor or gross misdemeanor offense: Assault in the Fifth Degree.

The offense is set forth in section 609.224 of the Minnesota Statutes. The following is current as of the date of the writing of this article, February 9, 2017.

609.224 ASSAULT IN THE FIFTH DEGREE.

Subdivision 1. Misdemeanor.

Whoever does any of the following commits an assault and is guilty of a misdemeanor:

(1) commits an act with intent to cause fear in another of immediate bodily harm or death; or

(2) intentionally inflicts or attempts to inflict bodily harm upon another.

Subd. 2. Gross misdemeanor.

(a) Whoever violates the provisions of subdivision 1 against the same victim within ten years of a previous qualified domestic violence-related offense conviction or adjudication of delinquency is guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.

(b) Whoever violates the provisions of subdivision 1 within three years of a previous qualified domestic violence-related offense conviction or adjudication of delinquency is guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.

Subd. 3. Firearms.

(a) When a person is convicted of a violation of this section or section 609.221 , 609.222 , or 609.223 , the court shall determine and make written findings on the record as to whether:

(1) the defendant owns or possesses a firearm; and

(2) the firearm was used in any way during the commission of the assault.

(b) Except as otherwise provided in section 609.2242, subdivision 3 , paragraph (c), a person is not entitled to possess a pistol if the person has been convicted after August 1, 1992, of assault in the fifth degree if the offense was committed within three years of a previous conviction under sections 609.221 to 609.224 , unless three years have elapsed from the date of conviction and, during that time, the person has not been convicted of any other violation of section 609.224 . Property rights may not be abated but access may be restricted by the courts. A person who possesses a pistol in violation of this paragraph is guilty of a gross misdemeanor.

Subd. 4. Felony.

(a) Whoever violates the provisions of subdivision 1 against the same victim within ten years of the first of any combination of two or more previous qualified domestic violence-related offense convictions or adjudications of delinquency is guilty of a felony and may be sentenced to imprisonment for not more than five years or payment of a fine of not more than $10,000, or both.

(b) Whoever violates the provisions of subdivision 1 within three years of the first of any combination of two or more previous qualified domestic violence-related offense convictions or adjudications of delinquency is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.

Although there is a lot of text in this statute, the requisite of the charge is either a threat of immediate bodily harm or death OR an intentional act or an attempt at an act which causes bodily harm to another.

Bodily harm, in turn, is defined as “physical pain or injury, illness, or any impairment of physical condition.” Minn. Stat. 609.02(7). Courts have interpreted this definition to capture a very broad sense of bodily harm. For example, in State v. Jarvis, 665 N.W.2d 518 (2003), the Supreme Court of Minnesota stated that “any impairment of physical condition” meant “any injury that weakens or damages an individual’s physical condition.” This meant that inducing someone to take a drug they did not intend to take could be considered an assault. Moreover, since physical pain, “which is all the statute requires,” is subjective, it is nearly always a jury question as to whether the complainant or victim felt it. State v. Johnson, 277 Minn. 230 (1967).

Different situations can aggravate the base misdemeanor offense to different categories of crimes. Fifth degree assault can become a gross misdemeanor or, in some extreme cases, a felony, if the perpetrator has one or more prior domestic violence-related convictions either against the same person in 10 years, or within 3 years of the date of the present offense.

A conviction under other circumstances can disqualify the perpetrator from owning a firearm, and there is a separate offense noted in the statute for people who do possess such firearms in violation of the statute.

With all of that said, assault charges can often times arise out of domestic disputes, bar fights, and other situations. Should you or a loved one be charged with any form of assault in Becker, Beltrami, Cass, Clay, Clearwater, Crow Wing, Hubbard, Itasca, Otter Tail or Wadena Counties, it is important that you protect your rights and interests by seeking the advice of a seasoned criminal defense attorney.

Property Line and Boundary Disputes in Minnesota

Sat, 13 Apr 2019 19:37:11 GMT

The lakes region of northern Minnesota is a beautiful area both in which to live permanently and also to own a second home. Thousands of permanent residents and vacation home owners alike own property in Becker, Beltrami, Cass, Clay, Clearwater, Hubbard, Itasca, Otter Tail and Wadena Counties.

We all strive to live in harmony with our neighbors. However, a source of discord between adjacent property owners can be boundary disputes. Sometimes these come about as the result of a survey either for appraisal purposes or pursuant to a recent purchase or sale.

There are situations where we find that our neighbors’ so-called “boundary” encroaches onto our valuable property. Conversely, in other situations we have enjoyed property beyond the survey line for many years undisturbed only to find out that we have been using property that is not yet technically ours.

In these cases, we either need to agree with our neighbors to a re-drawing of the boundary line or take the case to court. Which of the two options to be employed will depend entirely upon the desires of the parties. Sometimes a lawsuit becomes unavoidable.

Thomason, Swanson, & Zahn offers legal services to parties on “both sides of the fence.” If a neighbor has been unjustifiably encroaching on your land, we can bring an action to eject that neighbor. On the other hand, if you have been occupying your neighbor’s property for the requisite number of years determined by law, we may have a solution for you that allows you to take good title to the land you have been using and thereby increase the area of your parcel. If litigation is avoidable, we can prepare the legal documents to quiet title and craft a solution that suits your needs.

If you find yourself on “either side” of a boundary dispute, you should work with local and knowledgable counsel before you take any action. Some actions you take can lead to unintended consequences and you want to make sure that even though you are hoping for the best, you are preparing to either bring or defend a lawsuit concerning that property line.

Domestic Violence Assault and Impact

Sat, 13 Apr 2019 19:29:46 GMT

Minnesota has a unique statutory scheme for dealing with assault charges when the element of domestic violence is in play. A separate charge exists in the law for domestic assault, but a basic assault charge can also be enhanced if the accused has a prior domestic violence-related offense conviction within a certain time of the commission of a present alleged offense.

The domestic assault charge makes it a misdemeanor to commit an act with intent to cause fear in another of immediate bodily harm or death or intentionally inflict or attempt to inflict bodily harm upon a family or household member.

A family or household member means a spouse or former spouse, parents, children, persons related by blood, a person with whom the subject is residing or has resided with in the past, persons with a child in common, an alleged father, or persons involved in a significant romantic or sexual relationship. Whether a person is a family or household member under the statute will be determined in court.

There are two offense levels of domestic assault, misdemeanor and gross misdemeanor. The misdemeanor charge is the basic offense, but the charge can be enhanced to a gross misdemeanor if the subject has a previous qualified domestic violence-related offense conviction within 10 years of the present offense.

What is a qualified domestic violence-related offense? The definition section of the crimes part of the Minnesota Statutes defines the qualified offenses. MN Statutes § 609.02(16). These include: offenses related to violations of domestic violation orders for protection; murder; every degree of assault; most criminal sexual conduct offenses; terroristic threats; and others.

A qualified domestic violence-related offense can also enhance a fifth degree assault from a misdemeanor to a gross misdemeanor if they violate that statute against the same victim within 10 years of a previous qualified domestic violence-related offense conviction.

As you can see, there are many considerations that come into play when evaluating any domestic violence charge. If you or a loved one have been charged with this offense, you need to discuss your case with a qualified attorney.