Winter Safety for Seniors: How to Protect Yourself from Liability

At the time of authoring this article, winter continues to pound our community, bringing snow, ice, and cold temperatures. During these miserably cold months, seniors face not only personal safety concerns but also potential legal liabilities. Many people do not realize that property owners, including homeowners, can be held responsible for injuries that occur on their property during winter. Still others think an unfortunate accident or disability will never happen to them. Fortunately, taking a few proactive steps can protect both your well-being and your financial security.

• Execute Essential Estate Planning Documents. Far too many people believe that estate planning is simply a fancy name for creating a will. They believe that if you never get around to it, your loved ones will still inherit all your property, so the documents really do not matter. But accidents and illness can seniors at any time, so every senior adult should have these critical estate planning documents in place while they are alive and healthy to address living probate topics such as illness and disability. A Power of Attorney for Healthcare, a Power of Attorney for Finances, a HIPAA Authorization, and a Living Will are wonderful, preventative measures. If your estate planning attorney creates a Durable Power of Attorney or two, then your authorized agent will be able to step in and manage financial matters until you recover. When you grant someone authority to act for you with a Durable Power of Attorney, you still retain power for yourself, unlike a guardianship/conservator situation where the court strips you of authority to manage your own affairs. A HIPAA Authorization allows health care providers and insurance companies to communicate with loved ones when necessary. Without this written authorization, family members may be prevented from receiving information about your condition or assist with insurance issues. If you are suffering from a terminal condition and unable to explain your preferences for treatment, a Living Will provides end of life instructions for your health care agent and medical providers to follow. Parents should ensure their adult children are protected by working with their estate planning attorney to prepare these documents before a winter accident occurs. Children should counsel their parents to implement these key estate planning documents while their parents have full mental capacity or before an accident occurs.
• Slip-and-Fall Accidents on Your Property. Slippery sidewalks and driveways can become a hazard, not just for you but also for visitors, postal workers, or delivery drivers. If someone falls on your property due to ice or snow, you could be held liable for their injuries. Here is how to reduce your risk: (a) Keep walkways clear – Shovel snow and apply ice melt or sand regularly to maintain a safe path; and (b) Fix handrails – If you have stairs leading to your home, ensure that handrails are sturdy and properly secured; and (c) Use proper lighting – Winter means shorter days, so make sure your entryways and pathways are well-lit to prevent falls; and (d) Consider hiring help – If removing snow and ice is difficult for you, consider hiring a local service or asking a trusted neighbor to assist.
• Winter Driving Risks: Stay Safe and Protected. Icy roads can be treacherous, and a minor driving error can result in accidents that lead to liability claims. Here is how to protect yourself: (a) Only drive when necessary – If roads are hazardous, consider delaying errands or using delivery services; and (b) Keep your car winter-ready – Ensure tires, brakes, and lights are in good condition. Carry an emergency kit with blankets, a flashlight, and a charged phone; and (c) Update your auto insurance – Make sure you have adequate coverage in case of an accident, including liability protection.
• Beware of Liability from In-Home Hazards. While winter means spending more time indoors, it is important to make sure your home is free from potential hazards that could harm guests: (a) Check for fire risks – Space heaters, fireplaces, and electric blankets can pose fire hazards if not used properly. Ensure they are in good working order and placed safely away from flammable materials; and (b) Watch out for trip hazards – Loose rugs, cluttered walkways, or cords can lead to falls, especially if visitors are wearing wet boots; and (c) Maintain your heating system – Carbon monoxide poisoning can be a hidden winter danger. Have your furnace and detectors checked to keep your home safe.
• Protect Yourself Legally. Winter can bring unexpected risks, but you can protect yourself with these legal precautions: (a) Review your homeowner’s insurance – Ensure your policy covers liability for accidents that may occur on your property; and (b) Consider an umbrella policy – This additional insurance can provide extra protection against large liability claims; and (c) Have a legal plan in place – If you haven’t updated your will, power of attorney, or healthcare directive recently, now is a good time to review these important documents with a legal professional.
• Address Trees. To prevent the issue of falling trees in winter, prioritize  inspecting trees before or during the season, removing any weak or damaged branches, particularly those with “V” crotches, and consulting a professional arborist to assess trees that appear at risk due to their health, location, or potential for ice accumulation; additionally, be cautious during storms, avoid standing near trees with heavy snow buildup, and contact a professional immediately if you notice any concerning tree damage after a winter weather event.

At the Law Office of Todd Miller, LLC, we specialize in helping seniors protect themselves from legal risks. If you have questions about liability, insurance, or estate planning, our experienced attorneys are here to help. Give us a call today for a consultation and enjoy peace of mind this winter.

Todd Miller is a monthly contributor and regularly writes and speaks on various legal topics including estate planning, probate, and elder law. He formed the Law Office of Todd Miller, LLC, 1305 Southwest Blvd., Suite A, Jefferson City, Missouri in 2006. He was recognized as 2016 Adviser of the Year by GolfInc; and Golf Tax Consultant of the Year by Boardroom Magazine three times; and one of the “10 Best” attorneys by the American Institute of Family Law Attorneys; and one of the “10 Best” attorneys by the American Institute of Criminal Law Attorneys. Mr. Miller earned his juris doctorate degree from the University of Missouri School of Law in 1999 and graduated with honors from Lincoln University in 1991. You may find him at www.toddmillerlaw.com (573) 634-2838 or on Facebook, LinkedIn, and Twitter.