| How to Write About Disability Posted: 12 Aug 2016 05:00 PM PDT So you're a journalist, essayist, novelist, or English student who wants to write about disability. Navigating the terminology can be confusing if you are non-disabled or new to the disability community. Here is how to avoid hurtful stereotypes and choose sensitive, up-to-date language. EditChoosing Appropriate Language - Refrain from referring to a person's disability unless it is relevant. Many female writers would use pen names or their initials to avoid being judged on the basis of their gender. [1][2]. The same goes for a disability. Avoid talking about someone's disability unless it is directly relevant to what you are discussing.[3]
- For example, it would be appropriate to ask questions about ADHD when interviewing a writer whose memoir focuses on her ADHD. When interviewing an author who just happens to have ADHD, it would be inappropriate, because she never put it on the table for discussion. Follow their lead regarding whether it is open for discussion.
- Avoid using cutesy or trendy terms for disability. "Differently abled,"[4] "diffability," and "handicapable" are all euphemisms for a term which some disabled people argue shouldn't need to be avoided in the first place.[5][6][7] Keep a factual tone and say "disabled" or "has a disability."
- Most people with disabilities don't like the word "challenged" in regards to disability, such as "physically challenged."[8] This is because disabled people are often pressured to overcome their disabilities, even if it's exhausting, painful, or impossible.
- "Special needs" is disliked by many people with disabilities, as it suggests that their needs are extra or non-essential.[9][10]
- Respect individual or community preferences regarding people-first or identity-first language.[11] People-first language places the word person first, e.g. "person with Down Syndrome."[12] Identity-first language uses the disability as an ordinary adjective, e.g. "blind person."[13] When writing about an individual, use the language that they prefer, and when writing about a community, use the community's preferred language.
- Ask an individual which language they prefer. It is usually (but not always) the same as the general community preference.
- The Deaf, Blind, and Autistic communities prefer identity-first language, such as "Deaf person" over "person with deafness"[14][15]
- The Bleeding and Blood Disorder community,[16] and the Intellectual and Developmental Disability (IDD) community (excluding autism),[17] prefers person-first language, such as "person with Hemophilia" instead of "Hemophiliac."
- For a community with no clear preference, try using a mix throughout your piece (e.g. both "disabled people" and "people with disabilities").
- Use disability as an adjective or an add-on, not a noun. Say "people with epilepsy" instead of "epileptics," "blind people" instead of "the blind," and "people with disabilities" or "disabled people" instead of "the disabled."
- Some people in the Autistic community are fine with being referred to as "Autistics," just as one might refer to "artists" or "blondes." This is an exception to the rule.[18][19]
- Capitalize the name of a disability to show belonging to a community.[20] A deaf person is simply mostly or completely unable to hear, while a Deaf person accepts their disability as part of their identity and is part of the Deaf culture/community.[21] Capitalize the disability to show that someone belongs to a culture (e.g. "Tyrell is Blind") or to refer to a community (e.g., "Rainbows are a common motif in Autistic culture").
- Disabilities that involve the last name of the person who discover them are usually capitalized.
- Don't use slurs or outdated terms. Some language has been turned into an insult or is used in dehumanizing ways. These words have adopted derogatory connotations and are best not to use.[22][23][24] Instead, name the disability (e.g. "uses a wheelchair" or "has Tourette syndrome").
- Midget/dwarf[25] (some are okay with "dwarf," but generally "little person" is best)[26]
- Invalid, lame[27]
- Cripple(d)[28]
- Defect, deformity, affliction
- Mongoloid
- Crazy, insane, maniac
- Spaz
- Handicapped[29]
- Retard(ed)
- Idiot, moron, dumb, or any term that is considered an insult in popular culture
- Don't try to "grade" disabled people or make assumptions about their skill levels. A non-verbal woman who waves her arms about may be a self-sufficient, talented writer. An articulate man who "passes" for non-disabled may have serious trouble caring for himself and holding down a job.[30]. Avoid judging people on how they look or labeling them as either full of unrestricted potential or severely disabled for life. All people with disabilities have both strengths and needs, and neither aspect should be overlooked.
- Don't assume that someone has an intellectual disability based on facial expression, motor skills, disability accent, or other disability symptoms.
- People with disabilities, notably in Autistic culture, have rejected restrictive labels like "high-functioning" and "low-functioning."[31][32]
- Describe individual needs. For example, instead of "Hikaru is low-functioning," say "Hikaru is nonverbal and gets assistance with cooking, cleaning, and self care."
- Avoid melodramatic language of pain, suffering, or doom. Most people with disabilities are ordinary people; they get up every morning, eat cereal, travel to school or work, and pass through an ordinary day. Their disabilities do not make their life unlivable. Stick to factual language, such as "Ahmed has an anxiety disorder." Avoid terms such as...
- "Suffers from"[33]
- "Struggles with/is fighting"[34][35] (unless the person says so themselves)
- "Confined/Bound to a wheelchair" (also often inaccurate; some wheelchair users can stand or walk short distances)
- "Victim of"[36]
- "Will never"
- "Stricken by"
- "Patient" (unless they actually are receiving treatment in a medical facility)
- Be consistent with names. If you refer to non-disabled people by last name, then refer to a disabled person by last name.[37] If you refer to everyone by first name, then do the same for people with disabilities. This shows that you respect them as much as you do other people.
- For example, if you refer to Angela Ramirez as "Ramirez" and Ryan Black as "Black," then you would refer to Jimmy McCoy as "McCoy," not "Jimmy" or "Jim."
- If you refer to Angela Ramirez as "Angela" and Ryan Black as "Ryan," then "Jimmy" or "Jim" would be appropriate.
- Use "Accessible" over "Handicap" to describe accessibility accommodations. It is acceptable by most communities to use both, but "Accessible" is preferred.[38] New York in particular has replaced its universal handicap symbol with a redesigned "mobile" accessibility image. [39]
- Use factual language for non-disabled people. "Non-disabled people" or "people without disabilities" is an easy way to describe people who don't have disabilities. Avoid referring to such people as "normal," as this suggests that disabled people are abnormal.[40]
EditAvoiding Common Pitfalls - Watch your sources. A common quip in the disability community is "Nothing about us without us is for us," and non-disabled people should not be the sole authorities on disabled people. Ask real people with disabilities for their thoughts and opinions.
- A good organization has many people with disabilities at all levels of membership, and elevates instead of suppresses their voices. Autism Speaks is a high-profile example of an organization that fails to do this.
- Look out for inspiration porn. A distorted form of pity, inspiration porn glorifies a disabled person for being able to do everyday things (e.g., "It's so incredible that she can walk around on the prosthetic legs she's been using for 15 years"). The purpose is to inspire people without disabilities, or to belittle their "excuses" for not doing something a disabled person can achieve.
- Living with a disability isn't automatically courageous, special, or superhuman.
- This implies that it is unusual for people with disabilities to have talents or skills, or that their abilities are inherently lesser (the assumption being that if a disabled person can do it, anyone can).
- Do not assume that disability can be overcome. Disabilities are often lifelong, and a disabled person will experience challenges throughout their lives. Individual problems can be overcome, but disability is usually for life.
- People cannot "recover" from lifelong disabilities; however, they can adapt and gain new skills. It is possible to be successful and disabled at the same time.
- Recognize that disability can vary from day to day. Just like non-disabled people, disabled people have good days and bad days. Someone who uses a wheelchair one day might use a cane the next, and crutches after that. This does not mean they are faking it or "getting better," just that this particular day happens to be easier.
- Exhaustion, seizures, stress, lack of sleep, how hard they pushed themselves yesterday, recent flare-ups (e.g. a person with a blood disorder having a minor bleed), and many other things can play a role in how their disability manifests itself.
- People may or may not look different when they are having a hard day. Don't assume that they're feeling okay because they look fine, or that their disability equipment (e.g. crutches) is just for show.
- The spoon theory describes how many people with disabilities, from chronic pain to depression, need to budget their energy.[41]
- Don't portray disabled people as burdensome or undesirable. People with disabilities can be good friends, sons, daughters, lovers, siblings, and spouses. Many are capable of working. All are worthwhile human beings.
- Befriending or falling in love with a disabled person isn't an act of charity. The person with a disability has something to contribute to the relationship.
- If a disabled child is murdered, treat it the same way you'd treat the murder of a non-disabled child. Don't focus on how "difficult" it was to live with the victim, or portray it as a mercy killing or understandable crime.[42][43][44][45][46][47]
- Remember that you have disabled readers. One of the biggest ways to combat ableism is to use empathy. When you write about a given disability, imagine a person with that disability reading your piece. How would they feel about themselves? Would they feel respected or demeaned? Write in a way that shows disabled people that they are respected, they are valued, and they are not alone.
- When in doubt, look it up! There are plenty of writers with disabilities online who share their experiences.
- When in doubt, ask disabled people for advice. Ask more than one person, because different people may have different opinions. Err on the side of kindness and sensitivity.
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| How to Heal Chafed Skin Posted: 12 Aug 2016 09:00 AM PDT While chafed skin seems like a minor irritation, it can become a big nuisance. Dry chafed skin happens when your skin constantly rubs against skin or other materials, like your clothing. Over time, this friction makes your skin peel or even bleed. If you frequently experience chafing from athletic activities or you only occasionally have it, learn to treat the skin and prevent chafed skin in the future. EditTreating Chafed Skin - Clean the area. Carefully wash the affected area with a mild cleanser and rinse with water. Pat the skin dry with a clean towel. Washing the chafed skin is especially important if you've been exercising or sweating a lot. You'll need to wash away the perspiration before treating the skin.[1]
- Avoid rubbing the skin hard with a towel. You don't want to further irritate dry, peeling skin.
- Apply powder. Sprinkle powder over your skin. This should help to reduce your skin's friction. You can use talc-free baby powder, baking soda, cornstarch, or another body powder. Avoid talcum powder, since some studies show it may be a carcinogen.[2]
- Apply an ointment. Use any kind of petroleum jelly, body balm, diaper rash cream, or product designed to prevent chafing over the skin to reduce your skin's friction. Several products are specifically designed to prevent chafing for athletes. Once you've applied an ointment, you may want to cover the area with a bandage or sterile gauze pad.[3]
- If the area is very painful or bleeding, ask your doctor for a medicated ointment. You'll be able to spread it on the area much like petroleum jelly.[4]
- Apply ice packs. Cool the chafed skin by applying an ice pack right after you finish exercising or begin to notice irritation. Make sure not to apply ice or an ice pack directly to your skin, since this can further damage your skin. Instead, wrap the ice pack in a towel or cloth and keep it near your skin for 20 minutes. This cooling sensation will give you immediate relief.[5]
- Apply soothing gels or oils. Spread natural aloe vera gel directly from the plant onto the chafed area. You can also purchase aloe vera, but make sure it has as few additives as possible. This will calm your skin. You may also want to drop a couple of drops of tea tree oil onto a cotton ball. Then, spread it over your skin. This can fight infection and help your skin heal faster.
- Take a soothing bath. Create a soothing mixture of 2 cups baking soda and 10 drops of lavender essential oil. Then add this to a running bath of lukewarm water. Avoid soaking in very hot water, which can dry out or further irritate your skin. Soak for at least 20 minutes and then get out and pat yourself dry with a clean towel.[6]
- You can also make a soothing tea to add to the tub. Boil 1/3 cup of green tea, 1/3 cup of dried calendula (marigold), and 1/3 cup of dried chamomile in 2 quarts of water. Let the tea steep until the liquid cools, then strain it and pour into your tub.
- Know when to see a doctor. Chafed skin can become infected and need medical attention. If you notice an infection or scaly red rash, go see your medical practitioner. You should also see your doctor if the chafed area is incredibly painful or debilitating and sensitive.
EditPreventing Chafed Skin - Keep your skin dry. If you know you'll be exercising and perspiring, make sure to apply talc-free and alum powders to the areas that usually get the sweatiest. Wet skin will make chafing worse, so get out of wet clothes as soon as you're done exercising.[7]
- Wear the right clothes. Clothes that are too tight fitting can irritate your skin and cause chafing. Wear synthetic clothes that fit snugly. Clothing that sits close to your skin will prevent the friction that causes chafing.[8] If you're exercising, don't wear cotton and try to dress as minimally as possible.[9]
- Make sure you don't wear clothes that have seams or straps that rub. If you notice rubbing or irritation when you first put it on, the rubbing will only get worse after several hours of wearing it. Better to choose something more comfortable that doesn't chafe your skin.
- Drink more water. This is especially true if you're exercising. Drinking lots of water will let your body sweat easier, which prevents salt crystals from forming. Salt crystals on your skin can be a source of friction, causing chafing.[10]
- Make your own preventative lubricant. You'll need A & D ointment, which is usually used for diaper rash, and petroleum jelly. Combine 1 cup of each in a bowl. Add 1/4 cup of vitamin E cream and 1/4 cup aloe vera cream. Stir the mixture well. It will be pretty stiff, but you can spread it on chafed skin.[11]
- Spread the lubricant on areas that usually chafe before you plan on exercising or sweating. It can also help heal chafed skin and prevent blisters.[12]
- Lose weight. If you're overweight, you may notice more chafing. This is especially true if you notice chafing on your thighs. Losing some of the weight will help prevent excess skin from rubbing together in the future.[13]
- Start by exercising and incorporating healthy food into your diet. You can do an exercise that doesn't cause significant chafing, like swimming weightlifting, or rowing.[14]
- When skin becomes infected and begins to bleed, clean the area first with anti-bacterial soap. Apply Neosporin onto the infected area. Wait a few days to place any other natural treatment to this skin until the bleeding subsides and the area begins to heal.
- See your doctor if the area does not improve in a few days or gets worse.
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| How to Probate an Estate in Texas Posted: 12 Aug 2016 01:00 AM PDT Probating is the legal process of winding up the business affairs of a person who has passed away. This person is known as the Decedent or the Testator. Probate assets are given out according to the Testator's will, including assets owned by the Decedent that have not been left to anyone in her will. The successful completion of probate hands out the Decedent's assets among beneficiaries, creditors, and any others with a valid interest in her estate. If you understand the process and follow the right steps, you can learn the process of probating an estate in Texas.[1] EditStarting the Process - Know the process and its purposes. The probate process is a court-supervised process that is designed to sort out the transfer of a Decedent's property at her death. The basic process of probating an estate includes collecting all probate property of the Decedent, paying all debts, claims, and taxes owed by the estate, collecting all rights to income, dividends, and other money, settling any disputes, and distributing or transferring the remaining property to her heirs.
- Through probate, there is an actual transfer of ownership of the Decedent's property by proving her will to be valid in a court of law. The purpose of probating a will in a court of law in Texas is to protect the rights of the family, those entitled to receive property, and the creditors of the Decedent's estate.[2]
- Gather documents. When someone close to you passes away, there are a number of administrative matters that should be addressed right away. Some of the more important things include beginning her funeral and burial arrangements and obtaining several copies of her death certificate. You can get these from the Texas Department of State Health Services Vital Statistics Unit.
- You need to locate and gather important documents pertaining to the Decedent's will, any trusts that may exist, stocks, bank accounts, and insurance policies.[3]
- Notify others of the death. There are certain people related to the Decedent's estate that need to be contacted when she dies. If she was eligible to receive Social Security, you need to contact the Social Security Administration to give notice of her death. You should give death notice to the administrator of her pension plan and you also need to notifying any life insurance companies of her death as well. The executor named in the will and the attorney who prepared it should also be contacted.
- You should also consider contacting the trustee of any trust created by the Decedent and the attorney who prepared it.
- The banks and financial institutions that she used also need to be notified of her death. This includes any credit card companies with which she had an account.
- You also need to pay the medical bills, but before you do, you should verify that all insurance and Medicare claims have been processed.[4][5]
EditConsidering Alternatives to Probate - Learn about Muniment of Title. One alternative to probate is Muniment of Title. This process exists for estates where the decedent has no unpaid debts. Administration therefore becomes unnecessary because there are no unpaid creditors.[6]
- Although the estate cannot have debts, there can be liens on real estate.[7]
- Muniment of Title is the only option for a will that hasn't been probated within 4 years of the decedent's death.[8] However, there must be "good cause" for filing after 4 years[9] (such as the will wasn't found until then).
- To initiate the Muniment of Title process, you must file a pleading in the probate court that there are no unpaid debts and that the decedent has either died within the past 4 years or that there is "good cause" that the will was not entered into probate earlier. You must serve a citation on all of the decedent's heirs and include a clause that the will won't be admitted into probate if the proponent of the will caused the delay.[10]
- Once the court issues its order, you can use that order to transfer property. In short, the order becomes the equivalent of a new deed to real estate.[11]
- Consider Affidavit of Heirship. This process allows you to avoid probate administration by transferring title to property, typically a homestead.[12] It is used when no will exists.[13] Even estates without wills must go through probate; using the Affidavit of Heirship will help you avoid that process.
- Property cannot be transferred by Affidavit of Heirship if the property was used to secure a debt.[14]
- There is a uniform affidavit available here. The form asks for information about the decedent and the decedent's family. It must be notarized and signed by two disinterested witnesses who are not heirs.[15]
- An affidavit form exists for a vehicle as well. It is form VTR-262 and is available at this website.
- File the affidavit with the county clerk of the county where the property is located.[16]
- Discuss informal family agreements. Texas courts recognize that the estate belongs to the decedent's heirs. Should they agree to a division of the property, then the courts will recognize and enforce that contract.[17]
- Informal settlements of estates typically happen when the estate consists only of personal property.[18] Informal family agreements are not appropriate where the estate contains stocks, bonds, or bank accounts.[19]
- If the decedent left a vehicle, then the family can file an Affidavit of Heirship for the vehicle with the county tax assessor's office.[20]
- Family settlement agreements can also be used when a party wants to contest the will. To avoid a will contest, the beneficiaries of the will agree to contract how the estate will be divided.[21] Typically, they negotiate using attorneys.[22] They agree not to probate the will and agree on how the property should be disposed.[23]
EditSettling the Estate - Determine the assets that exist. The Decedent's estate consists of any real and personal property owned by her at the time of death. Real property includes land and improvements located on the land. Real property also includes oil, gas, and other mineral interests. Personal property is all property other than real property, including cash and bank accounts, clothing and personal effects, household furnishings, motor vehicles, stocks and bonds, and life insurance policies.
- Personal property also includes any government, retirement, or employee benefits that she has.[24]
- Decide what are probate assets. Once the Decedent dies, you need to figure out which assets will pass through the estate. While a will helps distribute the Decedent's property once she dies, it does not control everything. Probate assets are those included in a will that transferred to an individual named in the will. These include assets and real properties titled in her name as well as personal property such as jewelry, furniture, and automobiles.
- Bank accounts that are solely in her name, interests in a partnership, corporation, or limited liability company, and any life insurance policy or brokerage account that lists either the Decedent or the estate as the beneficiary are also probate assets.[25]
- Common types of property that pass through an estate include motorized vehicles such as cars, boats, and recreational vehicles, stocks, bonds, investment and retirement accounts, and real estate.
- Make sure you know about all the bank accounts. Some have more than one bank and additional accounts such as certificates of deposit (CDs) and other investment accounts.
- Distinguish non-probate assets. The Decedent's estate may be comprised of non-probate assets as well. The distribution of these assets is not controlled by the Decedent's will or estate. Non-probate assets include joint accounts or joint property with rights of survivorship. These assets also include accounts with designated beneficiaries, including IRAs, assets owned and accounts held with a pay-on-death (P.O.D.) or transfer-on-death (T.O.D.) designation, assets and properties held in trusts, and life insurance or brokerage accounts that list someone other than the Decedent as the beneficiary
- In cases with rights of survivorship, the other joint owner becomes the full owner of the property despite what a Decedent leaves in her will.[26]
- Calculate the value of the estate. Once you have determined what property passes through the probate estate, add up the value of each item in order to get the total value of the probate estate. You should exclude the value of her primary home, any outstanding debts she had, and all property that is located outside the state of Texas.
- All property passing through the estate that is in Texas should be included in your calculation of the value of the estate.
EditManaging the Estate - Appoint an executor. Once all the necessary people are notified and the assets are divided, the estate administration can begin. This is undertaken by the executor, which is named in the will. This process settles any outstanding needs of the estate. The executor pays the debts and claims against the estate, pays any of estate taxes, and distributes the remainder of the estate to those entitled to it. She also determines any heirs if the Decedent died without a will. Estate administration is required in most other circumstances, though it isn't used in small cases.
- If the court appoints a representative because the will does not name an executor or there was no will, that person is called an administrator.
- The executor or administrator has to be approved by the court and has legal obligations and duties to the court and those who receive property from the estate.
- If the executor or administrator acts improperly, he or she may be held liable for any resulting damages to the estate, and his or her appointment may be terminated by the court.[27]
- Administer an estate independently. In Texas, there are two different methods of administering an estate. Independent administration is the management of the estate free of court involvement. After an independent executor or administrator is approved and an inventory of the estate assets is filed with the court, the executor or administrator can simply take care of the administration of the estate without any further court supervision. The independent executor or administrator is free to handle any debts, property disputes, and monetary needs of the estate.
- The benefits of an independent administration are that it avoids the costs and delays associated with the other form of administration.
- A Testator can provide for an independent administration of her estate by inserting in the will a clause such as: "I appoint _______________________ as independent executor of my estate to serve without bond, and I direct that no other action shall be had in the probate court in relation to the settlement of my estate other than the probating and recording of this will and the return of the any required inventory, appraisal, and list of claims of my estate."
- Even if an independent administration is not specified in the will, it can be granted by the judge if all heirs agree to it. Although a court usually permits independent administration, it has the power to deny the request.[28]
- Have a dependent administration. During a dependent administration, the court supervises the acts of the executor or personal representative. This requires that she get permission from the court prior to any tasks and she must report each task performed to the court. In these situations, the administrator must retain an attorney specializing in probate to spend significant time requesting court approval to sell assets and pay claims.
- The administrator must also provide accounting reports and other information to the court about her administrative actions.[29]
EditLegalizing the Probate Process - Fill out the application. Once you have the estate in order, you need to fill out an application for probate in Texas. Applications to the court for administration of an estate typically averages $251.00 to $273 in Texas, which is the cost of the filing fee. You can get these forms online or at the probate court. [30]
- Wait for the hearing. Once you file the application, Texas probate law requires that you wait approximately 2 weeks before you can have a hearing on the Application for Probate. During the 2 week waiting period, the County Clerk posts a notice at the courthouse that an application has been filed for probate. This posting serves as notice to anyone who might want to contest the will or administration.
- If a contest to the Application for Probate is not filed within the noticed period of time, the Court can move forward in recognizing the validity of the will. [31]
- Attend the hearing. Once the waiting period has passed, a hearing will be held before the probate Judge. At the hearing, the Court acknowledges that the Decedent has died, that the Court has jurisdiction over the case for all administration procedures, the person applying to be the executor is qualified for the position, and the will was valid.
- The judge usually rules in the favor of the executor, but it is up to the Judge to make the final decision.[32]
- Hire an attorney. Most Texas courts require an attorney to represent the executor of an estate. The local rules of most of the Courts hearing probate cases in Texas require that a person applying to administer an estate in probate court must be represented by an attorney so they can better understand all the intricacies of the position. Most Courts will not let a person serve as an independent executor without an attorney because many creditors and beneficiaries are affected by the probate process.
- This stipulation protects the beneficiaries and executor because the executor has a duty to act for the benefit of the beneficiaries. The attorney can help make sure both parties are protected.
- This also protects the executor or administrator when she performs important duties for all of the beneficiaries and heirs of the estate. [33]
- The executor is responsible for filing the decedent's income tax returns for the year in which she died. Watch the mail for W-2 or 1099 forms and take them to your attorney or an accountant as soon as you receive them.
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