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October 20, 2006     Barnstable Patriot
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October 20, 2006
 
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Fighting back against abusive sales tactics By Michael Lavender columnist@barnstablepatrlot.com In my volunteer work at senior centers , I regularly consult with clients who have been unduly influenced , co- erced or, through duress,have signed sales contracts to pur- chase goods they don't need. want, or can't afford. The facts are always differ- ent, but the circumstances behind the cases are always the same: Overly aggressive salespersons verbally and psychologically wear down an elder 'sconcentration and abil- ity to defend their position , and ultimately manipulate them into signing contracts they never wanted to enter into. In a nutshell, they have taken advantage of an elder. In one instance, an 86-year-old gentlemanfrom Sandwichwas physically driven by a sales- man from a car dealership to the bank to withdraw the money for the purchase of a brand new automobile! For a contract to be valid, the law requires that both parties must mutuallyconsent to the agreement. "Consent" is not real or free when it is obtained through duress , menace, fraud, undue influ- ence or mistake. Simply because one reach- es, for example, 65years of age or older does not at all mean that we have aweaker state of mind. To the contrary, many older adults have accumu- lated a lifetime of experience, information and knowledge and can certainly put to- gether the "logical modes of inference " which enable them to understand what is being sold, the payments, the finance charges, and the ultimate price. As we age,however,lifestyle, illness, separation from the daily business world and , perhaps , some social isola- tion may mean that we do not have the stamina or desire to match witswith an aggressive salesperson. Perhaps aloving spouse has "always handled those things" in the past. Unscrupulous salespeople, who only have an interest in completing a sale and making money off their commission, are often skilled at double- talk, intimidation, and bad- gering. When combined with prolonged negotiations and a "won't-take-no-for-an-an- swer-attitude,"these con art- ists can eventually wear down our resistance. Ultimately the senior may give in to the constant pressure and sign the contract. What has happened is that the salesperson has used duress and undue influence to take unfair advantage of another. And there are legal remedies which can cancel these contracts even after they have been signed. The Civil Code allows for rescis- sion (or undoing) of acontract where it can be shown that undue influence took place. The better approach , though,is to prevent such un- scrupulous sales techniques from working on us! When you need to make a substantial purchase, ar- range for friends to be pres- ent when you meet with the salesperson.There is strength in numbers! Discuss the details of any contract with a trusted rela- tive, friend , or professional advisor before you sign. If you feel you are being badgered , just get up and leave or show the salesperson to the door! Attorney Michael Lavender specializes in Elder Law and is in private practice in Barnstable Village. Free intro to acupuncture Innerweave Asian Healing and Cape Healing Arts Magazine host afree introductionto acupuncture and Oriental medicine Oct. 24 when 20-minute relaxation treat- ments will be offered between 7 and 11:30 a.m. and 1:30 and 6:30 p.m., by appointment. A presentation on the highlights of acupuncture and Chinese herbal medicine is given between noon and 1 p.m. A free smoking ces- sation clinic is held at 7 p.m. The programs are held at Innerweave Asian Healing, 177 Route 6A in Orleans Health fair Mayflower Place Retirement Community presents a Health Fair Oct. 27 from 1 t 4 p.m. when Dr. Kristine Soly, holistic cardiologist, is the guest lecturer. Pre-register by Oct. 23 by calling 508-790-020, ext. 152. Public forum on sexual orientation A public forum on understand- ing sexual orientation will be held Oct. 21 at 2 p.m. at the Eldredge Public Library, 546 Main St. in Chatham. Pern Schultz, chair of PFLAG, is the speaker. Holistic help for your health Evensong Retreat Center in Harwichport is hosting a day-long workshop and retreat designed to provide holistic strategies for managing stress Oct. 26 from 9 a.m.to 5 p.m. at Evensong Retreat Center, 326 Lower County Road in Harwichport. Panic and anxiety program Judy Schiffman. director of Pain Relief , Inc., presents a pain and anxiety program , "Overcoming Fears, Anxiety and Agoraphoiba; Achieving Control, Positive Self- Image andConstructiveThinking," Mondays from noon to 1p.m. and Wednesdays from 6:30 to 7:30 p.n. Call 732-940-9658. South Yarmouth Library The library at 312 Old Main St. has several workshops dealing with health issues, including an anxiety and panic attack program being held Oct. 30 at 6:30 p.m. Call 508-760-4820. Flu clinics n Hyannis There will be several flu clinics at the Cape Cod Mall this fall: Oct. 20 and 21; Oct. 27 and 28 and Nov. 3 and 4, all from 10 a.m. to 4 p.m. Flu shots are $30 and pneumonia shots are $40. There is no co-pay for Medicare Part B recipients without an HMO or Sterling I Option for participants who present avalid Medicare card. You must be 18 or older. Living outside the box Evensong Retreat Center presents board-certified nurse and trainer Amanda Murphy's workshop on "Holistic Stress Management - Living Outside the Box" Oct. 26 from 9 a.m. to 5 p.m. For details, call Murphy at 508-862-6395. Work it off The Young at Heart/PACE ex- ercise program , a combination of weight training, aerobic, endur- ance and flexibility exercises, is held through the VNA and the Massachusetts Chapter of the Arthritis Foundations at commu- nity sites all over the Cape. Each session runs for 10 weeks. Call 877-267-7700. A DVD for children who stutter A new DVD starring children who stutter is available at the Centerville Public Library and the West Dennis Library. The video is aimed at acquainting children who stutter with others who also stutter and are handling the challenges. Holistic seminar on blood pressure Lowering your blood pressure holistically is the subject Oct. 26 at 7 p.m. at the Holistic Learning Center of Cape Cod,923 Route 6A inYarmouthport. Reservations are necessary; call 508-362-5925. Get the monkey off your back Overcome your fears , anxi- ety and agoraphobia, achieve control of your life and improve your self-image by attending a panic and anxiety program held in Hyannis Mondays at noon and Wednesdays at 6:30 p.m. Call 732-940-9658 for details. Daily Christian recovery group The Christian Recovery Fel- lowship holds a daily meeting on Monday from 7:30 to 8:30 a.m. at the Salvation Army Worship and Services Center on North Street in Hyannis.The open-discussion, Christ-based meeting is designed to provide a safe, confidential environment for those "searching, struggling with alcohol, drugs, hurts, habits, shortcomings or hang-ups of all kinds." All meet- ings are open to all and free of charge. The group has been meet- ing since 2002. Contact Charlie Markarian at 508-775-5733 ,or e- mail charlie5733@hotmail.com. Rehabilitation Hospital offerings Rehabilitation Hospital of the Cape and Islands, 311 Service Road in East Sandwich , hosts a fibromyalgia support group the fourth Thursday of the month. A stroke support group meets the second Wednesday of the month from 1:30 to 3:30 p.m. The VNA Mobile Health Link Van will be at RHCI the first Monday of the month from noon to 4:30 p.m. for free health screenings. The aphasia community group meets the first Tuesday of the month from 2 to 3:30 p.m. Food Addicts in Recovery Anony- mous meets Sundays from 9:30 to 11 a.m. The Well-Spouse Support Group meets every third Thursday of the month at 7 p.m. Healthy Hearts outpatient cardiac rehabilitation programs are offered at 6 a.m. The MS Support Group meets the third Sunday of the month. Post polio support group meets the third Saturday of each month at 10 a.m. Hearing screenings are held the second Wednesday of each month by appointment. RHCI offers a Stroke Peer Visi- tation Program. Call for details or if you want to volunteer as a peer visitor. A mild brain injury support group meets the third Saturday of each month from 2 to 4 p.m. Call 508-833-4000 for other programs and details. Take a break and relax Kim Hudson offers traditional Swedishrelaxationmassage,heal- ing hot stone,yoga,Niadanceand more inyour homeor her Osterville office. Call 508-428-2734. Asthma support group Dr. Paul Sklarew leads an asthma support group at the Allergy and Asthma Center of Cape Cod, 244 Willow St. in Yarmouthport. Meetings are every fourth Wednesday in Oc- tober and December. Call 508- 362-0099. Mended Hearts meets at CCH Members of the Mended Hearts group meet every third Thursday at 4 p.m. at Cape Cod Hospital in Hyannis to discuss heart disease and share experiences. Those with heart disease and members of their family are welcome to attend. Call508-385-4313 or go to www. capecodmendedhearts.com. Activities at Yarmouth Senior Center On the first and third Mondays of the month at the Yarmouth Senior Center, 528 Forest Road in South Yarmouth, a changes and loss support group will meet at 11 a.m. Adult day social program The Barnstable Senior Center on Route 28 in Hyannis hosts the Barnstable Adult Social Day Care Program , which operates from 9 a.m. to 3 p.m. Monday through Friday, in an effort to help elders maintain independence. Call 508- 862-4750. Caregiver support in Barnstable Caregivers for seniors are in- vited to attend a support meet- ing at Barnstable Senior Center, Route 28 in Hyannis, every other Wednesday from 9:30 to 11 a.m. Call Bobbie Jordan at Elder Ser- vices (508-394-4630 , ext. 181) to register. HIV/AIDS testing, counseling The Cape Cod Free Clinic & Community Health Center of- fers free , confidential testing for HIV/AIDS. The tests are available at the health center 's Falmouth and Mashpee offices. Appointments are required; call 508-540-2949. Veterans, take note The Department of Veterans Affairs is offering prescription refills over the Internet via the VA's MyHealthVet, a personal on-line record system for veterans that tracks not only prescriptions but health records , insurance and more. Go to www.myhealth. va.gov Driving and dementia Boston University Medical Center is looking for residents who are interested in receiving | free educational information on driving and dementia. Call 617- 414-1188. CONTINUED ON PAGE B:7 HEALTHREPORT: Eye Exams • Consultations • Second Opinions ^'^^ 110. Eye Care For: Cataracts • Glaucoma • Retina * Cornea -wc-m**. Macular Degeneration • Lid Plastic Surgery SSSSL Diabetic Disease • Laser Surgery • LASIK Surgery ¦wa-fcnwtiA JEFFREYS.HEIER,M.D. jfE ^ ^ ^ I ^B S B^ t e^ ^ Jft MARKS. HUGHES,M.D. t f l H j ^ ^l Jr a HJn i For over 15years Ophthalmic JAMES"HUNG>M 'D> 1 H v M V U ! 11 i m . L L B.THOMAS HUTCHINSON,M.D. KlKtffiifl :-'' Consultants of Boston has been „,,.. ,munrn „n K K 1 M 1] n l lQU U S I : MAMIA. IWAM0T0,M.D. IB*!*.vKifJSiKiJiVillIbnn9ing Boston's top Board MOAELG 'M °RLEY '"-a { ¦ ¦ ¦ | j j | n | | j | l f i l |ICertified Ophthalmologists to MICHAEL F.OATS,HO. n ^ f f i ^u S S l ^ ^ ^ H l I Cape Cod. They come to the WILL J.PRICE,M.D. | J J | j^ ^f f l f f l ^ ^S j |^H| ' . Cape to see you so you do not MICHAEL B.RAIZMAN,M.O. ' ^ ^ ^ ¦ ¦ ¦ ¦ ¦ H ^ ™ ^ need fo make the trip to Boston. 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