California Elder Law Attorney Blog

Abuse of the elderly often goes unreported and undetected. Caring for elders, especially victims of types of dementia, such as Alzheimer's Disease can test the patience of anyone. Mood swings of Alzheimer sufferers can push the most even tempered to lose control, especially if there are other stresses going on for a caregiver. This is a job that often finds professionals finding it difficult to maintain composure.

A prime example is a family caring for a elderly mother who could no longer live on her own after her husband died. The family was having other teenage child issues, facing economical hard difficulties and as the stress was mounting, bouts of anger between the elderly mother and her caregiver daughter began. This is not something unusual. These are not cases of terrible people. They are persons who wish to help their elderly loved ones in their homes to allow their aging parent to be surrounded with family members who love them and will care for them, but care-giving can be the most difficult job in the world, if the elder has issues with behavior because their minds are gradually being wiped clean of memories and normal social behaviors.

These are times when caregivers need to talk to others, look to their doctors or church or seek out help from elder care associations in their area. There is nothing wrong with asking for help or even coming to a decision that you can no longer talk care of your elder family member. There may be a need for a professional nursing care home.

If you have a elder family member in a nursing home, do not necessarily dismiss things they may tell you about someone yelling at them or pushing them. Look for new marks on their body, wrists or elsewhere. If you help them to the bathroom, look for any marks or signs of abuse. If you suspect anything but are hesitant to speak to someone at the facility, call your doctor or look to the resource links at Steven Peck's Premier Legal and call toll free at 1-866-999-9085 to talk to an experienced elder law and elder abuse attorney. There are many resources to call if you have no one to go to, but follow your intuition, if you have suspicions, then ask the questions.

The most important thing is to talk and look for advice and professional advice as well. The other key thing is to not allow yourself to feel guilt for looking for other help or even realizing that you can no longer take care of an elder while maintaining a family that is already dealing with stress of our current times.

While it does not get much play in the news, elder abuse is still a very prevalent problem. This could not be truer than in Southern California with our large number of older adults. Often misconceptions about elder abuse lead to difficulties in recognizing, reporting and addressing the problem.

Abuse of older adults can take many forms. While physical injury can occur, it is not as common as neglecting, psychologically abusing, or financially taking advantage of older adults. Elder neglect can be as obvious as denying food or health services, or a caregiver failing to fulfill some other less obvious responsibility. Self-neglect, when one threatens his or her own health or safety, can also be very difficult to identify and address.

The incidence of elder abuse is another question that is difficult to answer. The reason is that there really has not been a lot of scientific study into elder abuse. The best data is from the National Elder Abuse Incidence Study (NEAIS) done in 1996. Assuming that reported cases of abuse were just the tip of the iceberg, the NEAIS study reported more than a half million cases of elder abuse in 1996 consisting of an overall rate of 1.3 percent of the total population. Other smaller studies put that number at closer to 5-8 percent. That translates to tens of thousands of cases of elder abuse in Southern California this year alone, if not more.

When we look at institutions such as hospitals or nursing homes, the best data comes from a 1998 survey of nurses in New Hampshire nursing homes. A scary 36 percent reported witnessing physical abuse, and 81 percent reported witnessing psychological abuse.

While any older adult can be a victim of abuse, the more likely victims were women (60-75 percent of victims). Adults over 80 years of age were also up to three times more likely to suffer from abuse or neglect. Dementia or other medical conditions requiring more care also put patients at greater risk.

While we like to think that perpetrators of elder abuse are evil strangers, the reality is that relatives commit as much as 90 percent of elder abuse. Adult children make up the largest percentage of abusers in all types of elder abuse.

Signs of abuse can include bruises or injuries that are not consistent with routine accidents, broken glasses, unexpected disappearance of funds or valuables, unpaid bills even when resources are available, and unsafe or unclean living conditions.

In California, contact Steven Peck's Premier Legal toll free at 1-866-999-9085 to talk to an experienced elder abuse and neglect attorney. You do not need proof, just a suspicion, and the law provides immunity for anyone filing a report in good faith. You can even make a report anonymously. Don't be afraid!!!

The increasing frequency of elder abuse alarms us all. Although some victims may secure justice, we can only imagine the lasting horror and harm that perpetrators cause each elderly victim. Fortunately reports to and response by public agencies and courts also are increasing. A concerned person can report abuse and thereby reduce an elder's pain and loss and possibly end a perpetrator's string of abuses.

Adult Protective Services (APS) and Long-Term Care Ombudsman Programs in the State of California receive thousands of reports of elder abuse and neglect each year. Unfortunately, studies show that far more incidences never are reported. As many as half of victims are in situations of self-neglect. When elders are victims of financial, physical or emotional abuse and neglect, very often the suspected abuser is a family member or care provider.

Fortunately, many people in jobs that require confidential reporting of any known elder abuse and neglect which includes physicians, health care workers, clergy, bank staff and individuals who assume responsibility for the care or custody of an elder, do alert APS when they suspect trouble.

Other concerned individuals are also encouraged to report suspected elder abuse and neglect. Their identity remains anonymous and they can even decline to provide their name. If they report in good faith, they are shielded from criminal and civil liability according to the law in the State of California.

Warning signs of financial abuse, for example, include unusual bank account activity, questionable signatures on checks or other documents, unpaid bills, change in spending patterns, and frequently the appearance of someone who ingratiates him- or herself and starts controlling the elder's finances and assets.

Contact Steven Peck's Premier Legal toll free at 1-866-999-9085 to talk to an experienced elder abuse and neglect attorney

AB 1457 a measure to confront the failing quality of care in nursing homes created by the lack of transparency in the ownership and management structure of these facilities passed the Assembly chambers with overwhelming support on a 77-0 vote.

AB 1457 would require each licensee of a skilled nursing facility to disclose with each abbreviated contract of admission and contract of admission the name of the owner and licensee for the facility and the name and contact information of a single entity that is fully accountable for all aspects of patient care and the operation of the facility. The disclosure specified shall be provided as the first attachment of the contract.

Nursing home abuse and neglect continues to be a serious problem in the United States. According to a report conducted by the Inspector General of the Department of Health and Human Services, 94 percent of all for-profit nursing homes were cited in 2007 for violations of federal health and safety standards," said Assemblyman Mike Davis (D-Los Angeles), author of AB 1457.

According to the California Health Care Foundation, California has more Long Term Care (LTC) providers than any other state: some 1,200 nursing homes, 14,000 residential care settings with varying levels of care, and a vast array of community-based services.

"The California Legislature understands the special attention to the needs and problems of elderly persons, recognizing that these persons constitute a significant and identifiable segment of the population and that they are more subject to risks of abuse, neglect, and abandonment, which makes them a disadvantaged class that have a particular need for assistance. AB 1457 provides California an opportunity to address a serious problem detailed in dozens of investigations by reports in the media. Each resident should know who is in charge of delivering services in every facility. This measure will require appropriate notification which will help to ensure quality care in nursing homes," Assemblyman Davis concluded.

AB 1457 is sponsored by the California Senior Legislature and is supported by the California Advocates for Nursing Home Reform, Area Agency on Aging for San Luis Obispo and Santa Barbara Counties, Area Agency on Aging of Lake & Mendocino Counties, and Aging Services of California.

Contact Steven Peck's Premier Legal to talk to an experienced nursing home abuse and neglect attorney toll free at 1-866-999-9085.

Twenty-five Southern California residents were charged Thursday with seeking payment from the state for providing in-home care to clients who were, in fact, dead, hospitalized or in jail, prosecutors said.

The charges, involving $93,053 in fraudulent claims, were filed Thursday afternoon in Los Angeles County Superior Court as part of a campaign to rein in Medi-Cal fraud, according to state Atty. Gen. Jerry Brown.

"These individuals shamelessly bilked the Medi-Cal program by claiming payment for services never rendered," Brown said. "In fact, their supposed clients were dead, hospitalized or incarcerated."

Medi-Cal's In-Home Supportive Services program allows workers to get paid for providing non-medical services, including housekeeping, grocery shopping and meal preparation, for the impoverished sick, elderly and disabled.

Last year, more than 400,000 Californians received in-home healthcare services, twice as many as in 1999, Brown said, and the state's cost has ballooned to more than $2 billion per year.

The program is aimed at allowing the elderly and disabled to stay in their homes, saving the expense and stress of having the incapacitated put in costly nursing homes.

The Times reported last month that loose oversight and bureaucratic inertia had allowed fraud to fester in the program, resulting in hundreds of reports of fraud and abuse going without investigation.

Each worker was charged with one count of grand theft and one count of presenting false Medi-Cal claims. Thirteen of those charged had prior criminal records.

The largest fraud case involved Richard F. Villegas, 38, of Downey, who allegedly submitted false claims totaling $13,243 by forging the signature of his deceased father, who was his in-home healthcare worker.

Scott Mann, a representative of the Service Employee International Union, which represents many in-home support workers, said the union "condemns fraud" in the program and believes the state should provide more money for oversight.

Contact Steven Peck's Premier Legal to talk with an experienced elder abuse attorney toll free at 1-866-999-9085.

Every year, the month of May is declared Older Americans Month. This month was established to show the achievements and contributions of older Americans, and to support healthier more independent lives for elders through community-based services. This is a growing population, and is expected to increase over 30 percent by 2030, so it is necessary for every one to support community and governmental programs for older Americans.

However, there is inadequate public awareness, and coordination among health care systems, social service and justice systems in regards to intervening and preventing elder abuse. Over 2.1 million older Americans are victims of physical, psychological, financial, and other forms of abuse and neglect.    An elder victim can be subjected to a pattern of coercive control by an abuser. The coercive control can manifest itself into psychological, physical, and sexual abuse as well as financial exploitation and neglect.

Contrary to the perception that most abuse in later life is perpetrated in facilities by staff, elder abuse of all types is primarily a family crime. Adult children make up 40 percent of the offenders, and spouses and intimate partners represent the second most prevalent group at 15 percent. Only 3 percent is healthcare providers.

Domestic abuse in later life is a problem that has long remained invisible. Dependent adults may be unable to report their abuse and may rely on their abuser for communication or transportation.  Elderly individuals may also find it difficult to report domestic violence for the fear of loneliness, feelings of shame, fear of being institutionalized, and fear of being disbelieved and separated from family.

Through community based programs, in the State of California, we are able to provide victims of abuse in later life with access to domestic violence intervention, outreach services and emergency shelter.   The shelter services address the crucial needs of victims in the midst of crisis, and allow the healing process in a setting that emphasizes independence and self-empowerment.

While all of us should diligently take notice that the month of May as Older Americans Month, we ask that you also observe this month and help raise awareness about abuse in later life.

Contact Steven Peck's Premier Legal toll free at 1-866-999-9085 to talk to an experienced elder law and nursing home and abuse attorney.

Nursing Home  Abuse and Neglect Litigation involves a combination of various circumstances that is seemingly quite different form the typical medical malpractice or ordinary negligence actions.  Injuries incurred in nursing homes, are often caused by reckless and intentional conduct of various types, including business decisions by management.

If the resident is still living, counsel may have little reason, and no time, to consider all possible legal theories.  It is usually in the plaintiff's interest to proceed on a simple negligence theory and get to trial as soon as possible.

An action limited by negligence will, however, be completely restricted by the Medical Injury Compensation Reform Act (MICRA), and counsel may still wish to decide whether the defendant has coommitted an intentional tort, in order to possibly avoid MICRA's constraints.

Alternatively, if the victim has died, the plaintiff will undoubtedly desire to pursue the reemedies available under the Elder Abuse Dependant Adult Civil Protection Act (EADACPA), as well as the possibility of receiving punitive damages.

Please contact Steven Peck's Premier Legal toll free at 1-866-999-9085 to talk to an experienced California Nursing Home and Abuse Neglect attorney.

 

According to the National Center for Victims of Crime, definitions and statistics on elder abuse vary but researchers agree abuse of the elderly falls within five categories. Listed below are these categories and signs to watch for:

1. Physical abuse (non-accidental physical force that results in injury)

Indicators: fractures and dislocations, lacerations and abrasions, burns, injuries to the head, scalp, face and bruises on upper arms from shaking, around wrists or ankles from being tied down, inside thighs or arms.

2. Sexual abuse (non-consensual sexual contact).

Indicators: sexually transmitted diseases and or pain, itching, bleeding or bruising in the genital area.

3. Psychological abuse (mental anguish as a result of threats, intimidation, humiliation and other such conduct)

Indicators: low self-esteem, overly anxious and withdrawn, mood swings, depression, suicidal behavior, confusion, disorientation.

4. Financial abuse (unauthorized used of funds or property)

This can be difficult to detect but can include change in spending habits such as canceling a planned trip or a reduction in food and medication.

5. Neglect (failure to fulfill a caretaking obligation)

Indicators may include poor personal hygiene, signs of over- and under-medication, elder dressed poorly and possibly in soiled clothes, elders left alone and deprived of stimulation and affection, malnutrition.

Contact Steven Peck's Premier Legal to talk to an experienced elder law attorney should you personally encounter or see a friend or loved one be the victim of abuse and / or neglect toll free at 1-866-999-9085.

California law contains special arbitration provisions applicable to nursing home contracts.  A skilled nursing facility may not include an arbitration agreement as part of the standard agreement form.  Any such arbitration clause must be seperate from the standard admission agreement and must state in boldface type of not less than 12 points that "residents shall not be required to sign this arbitration agreement as a condition of admission to this facility, and cannot waive the ability to sue for violation of the Resident Bill of Rights." See California Health and Safety Code Section 1599.81(b); 22 Cal Code of Regs Section 72516(d).

To talk to an experienced California Nursing Home Abuse and Neglect attorney contact Steven Peck's Premier Legal toll free at 1-866-999-9085.

A crucial issue for a closely held business that wishes to buy out one of its principal owners is whether it will have the funds to do so.  Because so few businesses have sufficient cash or other resources to fund a buyout, the seller must usually accept an installment payout and continue to share the risks of the future profitability of the business unless the business  has provided for a fund to buy out the major owner says California Business Lawyer Steven Peck.

There are essentially three methods for funding a buyout: (1) borrowing; (2) setting up a sinking fund or reserve; (3) acquiring insurance.

If a business has the borrowing capacity or available cash to fund a buy-sell agreement, the cost of life insurance should be compared with the cost of borrowing money  or using the company's own funds.

To talk to an experienced California Business Attorney contact Steven Peck's Premier Legal toll free at 1-866-999-9085.

Claim and Delivery is a provisional California Collection Law remedy that enables the plaintiff in an action for recover of specific, tangible personal proeprty in the defendant's possession to obtain possession of the property prior to judgment.

The Claim and Delivery procedure is most often used when the personal property sought is security for the repayment of a debt now in default.  It is also used by California Collection lawyers to reclaim personal property which has been loaned, leased or bailed to another; or to obtain personal proeprty which is the subject of a dispute over ownership.

Upon the filing of a complaint for Claim and Delivery the plaintiff shall seek a writ of possession as long as the plaintiff can show that it is more probable than not that he or she will ultimately obtain a judgment for the possesion of the personal property.

Contact Steven Peck"s Premier Legal toll free at 1-866-999-9085 to talk with an experienced California Collection Attorney

A person with a suspected brain injury should contact a physician immediately, go to the emergency room, or call 911 in the case of an emergency.

After an impact to the head, a person with a brain injury can experience a variety of symptoms but not necessarily all of the following symptoms. This information is not intended to be a substitute for medical advice or examination. A person with a suspected brain injury should contact a physician immediately, go to the emergency room, or call 911 in the case of an emergency. Symptoms of a traumatic brain injury include can include, but are not limited to:

• Spinal fluid (thin water-looking liquid) coming out of the ears or nose
• Loss of consciousness; however, loss of consciousness may not occur in some concussion cases
• Dilated (the black center of the eye is large and does not get smaller in light)or unequal size of pupils
• Vision changes (blurred vision or seeing double, not able to tolerate bright light, loss of eye movement, blindness)
• Dizziness, balance problems
• Respiratory failure (not breathing)
• Coma (not alert and unable to respond to others) or semicomatose state
• Paralysis, difficulty moving body parts, weakness, poor coordination
• Slow pulse
• Slow breathing rate, with an increase in blood pressure
• Vomiting
• Lethargy (sluggish, sleepy, gets tired easily)
• Headache
• Confusion
• Ringing in the ears, or changes in ability to hear
• Difficulty with thinking skills (difficulty "thinking straight", memory problems, poor judgment, poor attention span, a slowed thought processing speed)
• Inappropriate emotional responses (irritability, easily frustrated, inappropriate crying or laughing)
• Difficulty speaking, slurred speech, difficulty swallowing
• Body numbness or tingling
• Loss of bowel control or bladder control

Should you suspect brain injury as a result of the negligence of another, immediately contact Steven Peck's Premier Legal toll free at 1-866-999-9085 to talk to an experienced experienced  California Personal Injury Attorney.

Elder abuse is often a "silent" crime that can produce victims too embarrassed to acknowledge they were harmed. This abuse can take many forms--financial abuse through insurance fraud, scams that cheat the elderly out of their pensions, severe neglect or outright violence from family members or caregivers. Preventing elder abuse is the duty of every Californian, and we all must do our part to ensure that loved ones are free to live out their golden years without the fear of financial, psychological or physical harm. 
Stopping elder abuse is one of the most important issues of our time. This is why California assemblyman Marty Block has authored Assembly Bill AB 989, which is designed to crack down on perpetrators of insurance fraud who victimize the elderly. AB 989 would provide additional protective measures for the elderly community by allowing any senior harmed as a result of insurance fraud to file a civil action for damages.

In most cases our elder loved ones are embraced and cared for, basking in the twilight of grateful children and grandchildren. However that scenario isn't always the case. In San Diego the elderly population is among the fastest growing and most vulnerable to abuse.

A 2006 study by the National Center on Elder Abuse found that in 90 percent of elder abuse cases, the perpetrator is a family member, with the largest group of offenders being adult children of the victim.

Mr. Block's colleagues in the Legislature also realize that preventing elder abuse is a top priority. Assembly Bill (AB) 768 by Assemblymember Norma Torres expands the definitions of crimes that can be called elder abuse.

In 2007, State Senator Joe Simitian and then-Assemblymember Lois Wolk introduced legislation that became law to require those working in financial institutions to report any suspicious activity in the accounts of their senior customers. Legislation by Assemblymember Dave Jones became law three years ago reforming regulations and licensing of the state's conservatorship and guardianship system after reports of elder abuse by conservators throughout the state were reported.

California also has a mandatory reporting law that requires certain persons to report to the responsible authorities when they have reason to suspect abuse, neglect or exploitation of an elderly adult.

On a national level, efforts have ramped up to develop the most comprehensive federal legislation to address elder abuse and crimes against the elderly. If passed, this law would create the Offices of Elder Justice within the U.S. Department of Justice and Health and Human Services to coordinate disparate federal, state and local elder abuse prevention and efforts to detect, treat, prosecute and prevent elder abuse, neglect and exploitation of seniors.

May is designated as Elder Abuse Prevention Month, a time to renew efforts to identify and serve those citizens whose later years are a time of victimization, sadness and pain. If you witness elder abuse please call Steven Peck's Premier Legal toll free at 1-866-999-9085 to talk to an experienced elder abuse and neglect attorney.

.

Experts believe that up to 80 percent of seniors embrace deep spiritual values as they draw closer to the end of life. Unfortunately, one of the tactics of abusers of the elderly is to ridicule their belief system to humiliate and develop undue influence over them. Often the victim is not allowed to go to church or contact anyone from the faith community.

The 12th annual Elder Abuse Prevention Conference, "Domestic Violence in Later Life," was held on May 13, 2009 with attendees from various disciplines. Many present at the conference said the conference increased their awareness by helping them identify the signs and symptoms of both physical and financial abuse, and by teaching them what services are available once the abuse is identified.

Speakers shared moving stories of abused elderly persons, including one of a woman who was battered by her husband earlier in life, and by her daughter as a senior.

The conference was designed not only to increase awareness on elder abuse but also to challenge the community to get involved in reporting suspected abuse and in developing safety net services for California's abused elderly. In keeping with that goal, Adult Protective Services plans to begin an informational outreach to  communities all over California in the coming months to help  leaders and the public identify elder abuse and the prevention resources available. To report suspected elder abuse contact Steven Peck's Premier Legal toll free at 1-866-999-9085 to talk to an experienced elder abuse and neglect attorney.

Significant remedies exist to redress the injuires suffered by Skilled Nursing Facility patients through a facility's patterned neglect and abuse,.  The Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) contains powerful provisons ( see California Welfare and Institutions Code  Sections 15657 - 15657.5) that under certain conditions permit postmortem survivial of personal injury damages, including damages for pain and suffering, and mandate an award of attorneys fees for abuse and neglect of an elder involving egregious conduct. 

Punitive damages are often available based on the the patterned "conscious disregard" (see California Civil Code Section 3294), and these and other damages could be trebled in an action brought by an elder or a dependent adut. ( see California Civil Code Section 3345).

To talk to an experienced nursing home abuse and neglect attorney contact Steven Peck's Premier Legal toll free at 1-866-999-9085.

Unelss the partners have entered into a written agreement that provides otherwise, dissolution of the partnership will result from (1) a partner's death; (although the court may authorize the deceased partners personal representative to continue as a general or limited partner); (2) Bankruptcy, unless certain bankruptcy laws provide to the contrary; or (3) withdrawal.

Any event that causes a general partner of a limited partnership to cease to be a general partner may also cause a dissolution of the limited partnership with some exceptions.

Technical dissolution of a partnership may be avoided by proper planning.  If the partners do not wish  to have the partnership dissolve on the occurrence of certain events that could otherwise cause dissolution, they should specify in their partnerhsip agreement that the occurrence of those events will not dissolve the partnership.

Please contact Steven Peck's Premier Legal toll free at  1-866-999-9085 to talk to an experienced Los Angeles Business Attorney with any questions you may have regarding business formation and business litigation.

Once a Writ of Attachment issues, the court may order the defendant to transfer to the levying officer property the officer must take into custody to perfect the lien.  As experienced California Collection Lawyers we are prepared to have the judge sign a turnover order to effectuate the transfer of property to the levying officer.

In addition, the court may order that documents of title be delivered to the levying officer for any attached property; such an order will facilitate any later sale and prevent a transfer where, e.g.., a vehicle is levied upon.

As experienced California Collection Attorneys we always are prepared to personally serve the turnover order on the defendant whether it is in Court or at the defendants place of business.

The failure to comply with the court's turnover order subjects the defendant to arrest and punishment for contempt.

Please contact Steven Peck's Premier Legal to talk to an experienced California Collection Attorney toll free at 1-866-999-9085.

Abuse of the elderly is emotional, psychological and financial. It's about caregivers and family members with ulterior motives or licensed and unlicensed contractors who do free inspections that lead to unnecessary work. It is about financial planners and other investment counselor types who draw trusting folks into unknown territory. It is about dealing with people who use trust as a weapon. It has a devastating impact on the victim but it also impacts family, friends and the community.

Should you suspect that a loved one has been the victim of elder abuse immediately contact Steven Peck's Premier Legal toll free at 1-866-999-9085 to talk to an experienced elder abuse and neglect attorney.

A judgment creditor's use of the California Pre-Judgment Attachment process can be a very speedy effective tool, summarily promotes efficient collection and settlement of the underlying debt owed, and will seriously threaten the debtor's ability to continue business as usual.  California Pre-Judgment Attachment quickly gets the debtor's attention!!!

An experienced California Collection attorney can guide you through the process of debt collection through the use of the Pre-Judgment Attachment action and will help you with all your debt collection matters.

Contact Steven Peck's Premier Legal toll free at 1-866-999-9085 to talk to an experienced California Collection Lawyer

The State Bar of California has created a panel of volunteer attorneys, called the Speakers Panel, to elevate the public's awareness of financial scams and elder abuse targeting the elderly. 

The panel's objective is to help prevent financial elder abuse, a big problem, by educating seniors. One type of scam,  is the so-called "trust mill" living trust scam. The trust mill scam is a major nationwide problem that has cost many elderly persons dearly, not to mention disturbing their peace of mind. Let us see how the "trust mill" scam works.

Trust mills are NOT legitimate law firms. Some may have attorneys on staff, in order to say that they are not illegally practicing law; however, providing legitimate legal services is NOT the trust mill's true objective. Rather, the trust mill offers one thing (living trusts) in order to later-on try to sell something else altogether (financial services).

Like a traveling circus, the trust mill goes from town to town advertising free seminars in order to draw in the public. Trust mills entice people by advertising "living trust" packages at "low costs" - far less than what legitimate legal services cost.

The trusts provided are basically just a one-size fits all, i.e., fill-in the blanks form, and should not be confused with personalized legal services. As such they may or may not be drafted by a licensed attorney, and certainly are not what the public has in mind in regards to professional legal services.

These salesmen will often use phony titles like "certified trust advisor" to make themselves appear legitimate and knowledgeable about estate planning, when they are neither. Such so-called titles are deceitful as they are not certified by any state regulatory agency and were merely issued by the trust mill itself to their sales persons.

Once the trust mill has the elder's trust and financial information, they then try to sell annuities, life insurance, and reverse mortgages - usually in the privacy of the elder's own home. The sales tactics used are unscrupulous and predatory, to say the least. That is, the salesmen are often trained to manipulate the elderly person into believing that the elderly person's money is not safe the way it is, and that they have a solution.

The salesman's ulterior motive is a substantial sales commission, and not the estate planning fee for the trust. Ultimately, therefore, the trust mill experience is far from a "bargain," as the trust mill experience winds up costing the elderly far in excess of the legal fees charged by a legitimate attorney.

Qualified, ethical attorneys, on the one hand, offer the public a legitimate professional service that they are both licensed and educated to provide - for that sake only. Attorneys develop a one-on-one personal relationship with their client for the purpose of creating an appropriate, individualized estate plan based on client meetings; and will review documents with their clients and answer legal questions. They are not going to use the relationship later-on to try to sell you financial products.

Should you encounter any such abusive tactics or believe that you or any elder or dependent adult have been abused immediately contact Steven Peck's Premier Legal toll free at 1-866-999-9085 to talk to an experienced elder law attorney.

1) ABUSE- The term `abuse' means the knowing infliction of physical or psychological harm or the knowing deprivation of goods or services that are necessary to meet essential needs or to avoid physical or psychological harm.

`(2) ADULT PROTECTIVE SERVICES- The term `adult protective services' means such services provided to adults as the Secretary may specify and includes services such as--

`(A) disseminating reports of adult abuse, neglect, or exploitation;

`(B) investigating the reports described in subparagraph (A);

`(C) case planning, monitoring, evaluation, and other case work and services; and

`(D) providing, arranging for, or facilitating the provision of medical, social service, economic, legal, housing, law enforcement, or other protective, emergency, or support services.

`(3) CAREGIVER- The term `caregiver' means an individual who has the responsibility for the care of an elder, either voluntarily, by contract, by receipt of payment for care, or as a result of the operation of law, and means a family member or other individual who provides (on behalf of such individual or of a public or private agency, organization, or institution) compensated or uncompensated care to an elder who needs supportive services in any setting.

`(4) DIRECT CARE- The term `direct care' means care by an employee or contractor who provides assistance or long-term care services to a recipient.

`(5) ELDER- The term `elder' means an individual age 60 or older.

`(6) ELDER JUSTICE- The term `elder justice' means--

`(A) from a societal perspective, efforts to--

`(i) prevent, detect, treat, intervene in, and prosecute elder abuse, neglect, and exploitation; and

`(ii) protect elders with diminished capacity while maximizing their autonomy; and

`(B) from an individual perspective, the recognition of an elder's rights, including the right to be free of abuse, neglect, and exploitation.

`(7) ELIGIBLE ENTITY- The term `eligible entity' means a State or local government agency, Indian tribe or tribal organization, or any other public or private entity that is engaged in and has expertise in issues relating to elder justice or in a field necessary to promote elder justice efforts.

`(8) EXPLOITATION- The term `exploitation' means the fraudulent or otherwise illegal, unauthorized, or improper act or process of an individual, including a caregiver or fiduciary, that uses the resources of an elder for monetary or personal benefit, profit, or gain, or that results in depriving an elder of rightful access to, or use of, benefits, resources, belongings, or assets.

`(9) FIDUCIARY- The term `fiduciary'--

`(A) means a person or entity with the legal responsibility--

`(i) to make decisions on behalf of and for the benefit of another person; and

`(ii) to act in good faith and with fairness; and

`(B) includes a trustee, a guardian, a conservator, an executor, an agent under a financial power of attorney or health care power of attorney, or a representative payee.

`(10) GRANT- The term `grant' includes a contract, cooperative agreement, or other mechanism for providing financial assistance.

`(11) GUARDIANSHIP- The term `guardianship' means--

`(A) the process by which a State court determines that an adult individual lacks capacity to make decisions about self-care and property, and appoints another individual or entity known as a guardian, as a conservator, or by a similar term, as a surrogate decisionmaker;

`(B) the manner in which the court-appointed surrogate decisionmaker carries out duties to the individual and the court; or

`(C) the manner in which the court exercises oversight of the surrogate decisionmaker.

`(12) INDIAN TRIBE-

`(A) IN GENERAL- The term `Indian tribe' has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).

`(B) INCLUSION OF PUEBLO AND RANCHERIA- The term `Indian tribe' includes any Pueblo or Rancheria.

`(13) LAW ENFORCEMENT- The term `law enforcement' means the full range of potential responders to elder abuse, neglect, and exploitation including--

`(A) police, sheriffs, detectives, public safety officers, and corrections personnel;

`(B) prosecutors;

`(C) medical examiners;

`(D) investigators; and

`(E) coroners.

`(14) LONG-TERM CARE-

`(A) IN GENERAL- The term `long-term care' means supportive and health services specified by the Secretary for individuals who need assistance because the individuals have a loss of capacity for self-care due to illness, disability, or vulnerability.

`(B) LOSS OF CAPACITY FOR SELF-CARE- For purposes of subparagraph (A), the term `loss of capacity for self-care' means an inability to engage in 1 or more activities of daily living, including eating, dressing, bathing, and management of one's financial affairs.

`(15) LONG-TERM CARE FACILITY- The term `long-term care facility' means a residential care provider that arranges for, or directly provides, long-term care.

`(16) NEGLECT- The term `neglect' means--

`(A) the failure of a caregiver or fiduciary to provide the goods or services that are necessary to maintain the health or safety of an elder; or

`(B) self-neglect.

`(17) NURSING FACILITY-

`(A) IN GENERAL- The term `nursing facility' has the meaning given such term under section 1919(a).

`(B) INCLUSION OF SKILLED NURSING FACILITY- The term `nursing facility' includes a skilled nursing facility (as defined in section 1819(a)).

`(18) SELF-NEGLECT- The term `self-neglect' means an adult's inability, due to physical or mental impairment or diminished capacity, to perform essential self-care tasks including--

`(A) obtaining essential food, clothing, shelter, and medical care;

`(B) obtaining goods and services necessary to maintain physical health, mental health, or general safety; or

`(C) managing one's own financial affairs.

`(19) SERIOUS BODILY INJURY-

`(A) IN GENERAL- The term `serious bodily injury' means an injury--

`(i) involving extreme physical pain;

`(ii) involving substantial risk of death;

`(iii) involving protracted loss or impairment of the function of a bodily member, organ, or mental faculty; or

`(iv) requiring medical intervention such as surgery, hospitalization, or physical rehabilitation.

`(B) CRIMINAL SEXUAL ABUSE- Serious bodily injury shall be considered to have occurred if the conduct causing the injury is conduct described in section 2241 (relating to aggravated sexual abuse) or 2242 (relating to sexual abuse) of title 18, United States Code, or any similar offense under State law.

`(20) SOCIAL- The term `social', when used with respect to a service, includes adult protective services.

`(21) STATE LEGAL ASSISTANCE DEVELOPER- The term `State legal assistance developer' means an individual described in section 731 of the Older Americans Act of 1965.

`(22) STATE LONG-TERM CARE OMBUDSMAN- The term `State Long-Term Care Ombudsman' means the State Long-Term Care Ombudsman described in section 712(a)(2) of the Older Americans Act of 1965.
Contact Steven Peck's Premier Legal to talk with a knowledgeable elder law attorney toll free at 1-866-999-9085.

A well-known Livermore accountant has been arrested on charges of running a financial scheme that bilked six victims of more than $730,000.

Maynard Weldon Moreland, 49, was arraigned Wednesday on seven counts of grand theft and fiduciary elder abuse.

Moreland promised his victims an 8 percent to 10 percent return on their investments, but instead took the majority of the money and invested it in personal accounts under his name, said Livermore police Lt. Matt Sarsfield.

He was spending about $30,000 a month of his clients' money, police said.

Moreland would write checks to his victims -- not all who were elderly -- but they did not receive the returns they were promised, Sarsfield said. Because of the nature of the scheme, police say there is little or no funds left to give back to those who lost money.

Police received the first report of fraud April 7 and more reports came in after that. Officers served three search warrants from April 16 to April 20.

Sarsfield says the scheme could have been going on for years. The investigation is continuing.

"We believe there could be many, many more people," Sarsfield said.

Moreland, a lifelong Livermore resident, had been active in the community. According to his business Web site, the certified public accountant supported school programs. He has served on a lot of community boards, including the city's Chamber of

Commerce, the Tri-Valley Business Council and Rotary International. He also is on the Alameda County Assessment Appeals Board, appointed by Supervisor Scott Haggerty last year.

Dale Kaye, the Chamber of Commerce's chief executive officer, said she was shocked by the charges against Moreland, who has served twice on the chamber board, as recently as last year when he was treasurer.

She said Moreland had a "strong presence" in the community.

"He was very, very generous to everybody in need and very civic-minded," Kaye said. "He was a man who loved his community."

Moreland is being held at Santa Rita Jail in Dublin in lieu of $290,000 bail.

Contact Steven Peck's Premier Legal to talk to an experienced elder law attorney concerning issues of nursing home neglect and abuse and financial abuse toll free at 1-866-999-9085.

 

They don't look like crooks.

Sometimes, they're caregivers. Sometimes, they're longtime friends. Sometimes, they're even sons or daughters.

Those who financially exploit the elderly might seem as if they have the older person's best interests at heart. They may spend lots of time with her. They may do chores for him. But the exploiters' true intentions become clear when the older people's money starts to disappear.

Older people who are being financially exploited often are dependent upon their exploiter. Should the elder report the abuse and neglect, they may in fact be worse of by actually doing so.  If I the exploiter is reported, who's going to help the elder. 

The financial abuse victim is usually very very afraid. The relative who is exploiting a parent often threatens to send the abused elder to a nursing home should they not comply with the exploiters demands. 

The amount of money exploiters take from the elderly is hard to determine, as the current research in the area has been limited. 

Call Steven Peck's Premier Legal should you need to talk to an experienced elder abuse attorney toll free at 1-866-999-9085. 

 

Every day, too many of our Nation's seniors and disabled become victim to physical, emotional, or other abuse. Thousands of individuals with a history of substantiated abuse or a criminal record are hired every year to work closely with especially vulnerable seniors within our nation's nursing homes and other long-term care facilities.As a result thereof, the Patient Safety and Abuse Prevention Act is being introduced to help ensure that patients in long-term care will not be at the mercy of those with an abusive past.

As the current system of state-based background checks is haphazard and inconsistent, predators can evade detection throughout the hiring process, securing jobs that allow them to assault, abuse, and steal from defenseless elders and disabled patients. The bill builds on a highly successful pilot program enacted as part of the 2003 Medicare Modernization Act. That effort enabled seven states to make major improvements in their existing screening and prevented more than 7,000 applicants with a history of substantiated abuse or a violent criminal record from working with and preying upon our elders and individuals with disabilities. This bill enables all states to benefit from this program by providing funding for the establishment of coordinated systems that include checks against abuse and neglect registries and a state police check, which facilities can utilize on a voluntary basis.

This bill goes hand in hand with the Elder Abuse Victims Act that passed the House in February, 2009. That legislation includes a number of measures to improve programs that prevent physical, emotional and financial harm to seniors and to aid the prosecution of those who commit despicable acts against our nation's seniors.

We must commit to ending the cruel mistreatment done to so many of our elders and other vulnerable citizens. These bills are important steps towards this goal.

Call Steven Peck's Premier Legal to talk with an experienced elder abuse lawyer regarding elder abuse and neglect toll free at 1-866-999-9085

Every year, tens of thousands of elderly Americans are abused in their own homes, in relatives' homes, and even in  facilities responsible for their care. You may suspect that an elderly person you know is being harmed physically or emotionally by a neglectful or overwhelmed caregiver or being preyed upon financially. By learning the signs and symptoms of elder abuse and how to act on behalf of an elderly person who is being abused, you'll not only be helping someone else but strengthening your own defenses against elder abuse in the future.

 

It's one thing when a consumer group says you're bad. It's even worse when the U.S. Government puts you on its list of "the worst." That's the case for 52 nursing homes, who find themselves in the Centers for Medicare & Medicaid Services uncomfortable spotlight.

The agency says the list, identified in government speak as "special focus facilities" (SFFs), should offer individuals and their families powerful new information when choosing nursing homes.

"Nearly three million Americans, most of who are enrolled in Medicare or Medicaid, depend on the nation's 16,000 nursing homes at some point during each year to provide life-saving care," said CMS Acting Administrator Kerry Weems. "Release of this national list of special focus facilities reinforces CMS' commitment to provide beneficiaries and their families the information they need when making long-term care choices."

The government said it resorted to releasing the list because a number of facilities were consistently providing poor quality of care, yet were periodically instituting enough improvement that they would pass one survey only to fail the next, for many of the same problems as before.

Such facilities with a "yo-yo" compliance history rarely addressed underlying systemic problems that were giving rise to repeated cycles of serious deficiencies, the agency said.

Once a facility is selected as an SFF, the state survey agency conducts twice the number of standard surveys and will apply progressiveenforcement until the nursing home either (a) significantly improves and is no longer identified as an SFF, (b) is granted additional time due to promising developments, or (c) is terminated from Medicare and/or Medicaid.

CMS and the state can more quickly terminate a facility that is placing residents in immediate jeopardy.

The CMS policy of progressive enforcement means that any nursing home, not just those identified as an SFF, that reveals a pattern of persistent poor quality is subject to increasingly stringent enforcement action. If problems continue, the severity of penalties will increase over time, ranging from civil monetary penalties, denial of payment for new admissions and, ultimately, removal from Medicare and/or Medicaid.

As of October 2008, there were 128 SFFs, out of about 16,000 active nursing homes. The number of SFFs in each state varies according to the number of nursing homes in the state. These nursing homes, at the time of their selection as an SFF, had survey results that were among the poorest five or 10 percent in each state.

The "worst" list includes 52 facilities that are at the top of the poorest performers in those states and among those facilities that have failed to improve significantly.

Typically, these facilities achieve improved survey results after being selected for the initiative. The CMS data indicate that about 50 percent of the nursing homes identified as SFFs significantly improve their quality of care within 24-30 months, while about 16 percent are terminated from Medicare and Medicaid.

In addition to publishing the list of SFFs, CMS is taking many other steps to improve the quality of care in the nation's nursing homes including a new program that will make the payment system more sensitive to quality improvements; developing new, more stringent systems for criminal background checks on facility workers and applicants; unprecedented focus on preventing catastrophic pressure ulcers in nursing home residents; and improving the state survey process.

"CMS' effort to identify poor performing nursing homes is intended to promote more rapid and substantial improvement in the quality of care in identified nursing homes and end the pattern of repeated cycles of non-compliance," Weems noted.

In addition to consulting the CMS list, beneficiaries and their families looking for a nursing home should take other steps including:

• Visit the nursing home. Talk to staff, residents, and other families. Request to see the results from the last state or CMS survey.

• Prior to a visit, review the survey history of the nursing home on Nursing Home Compare to better understand any areas that may be problematic.

• Ask the nursing home staff what they are doing to improve the quality of care for residents in the nursing home.

• Call the state survey agency to learn more about the nursing home. If the facility is in the special focus initiative, find out how long it has participated. Facilities in the program for 18-24 months are either close to "graduating" because of significant improvements to care, or ending their participation in Medicare and Medicaid.

• Call Steven Peck;s Premier Legal toll free at 1-866-999-9085 to consult with an elder abuse attorney, your local state nursing home ombudsman, Administration on Aging and local groups to learn more about the nursing home.

Sarah was 73 years old when she allowed her daughter and son-in-law to move into her house. Due to the economy, the young couple was struggling financially. They wanted to move in with Sarah until they could get re-established financially.

Within a short period of time, Sarah was living in the smallest room in the house. Richard, her son-in-law, became the self-appointed head of household, making all the decisions. He would frequently intimidate and threaten Sarah to keep her silent. With time, he had control of her finances and would not allow her to have visitors in her home or go out of the home without them in attempt to isolate her from others.

One evening, Sarah confronted him about some missing money and jewelry of hers. He slapped her on the face, causing her to fall. Afterward, he stated, "You are a silly old woman." Sarah felt trapped but was too embarrassed and afraid to report the abuse. She secretly wished that someone would "fill in the blanks" of her situation and contact authorities. It was her only hope.

Sarah's experience is a common problem to many older adults termed elder abuse. Elder abuse occurs within all socio-economic levels, racial backgrounds and religious groups. Typically, it consists of physical, sexual, and/or financial abuse combined with abandonment, isolation, neglect and self-neglect issues. There are 1.5 million cases of elder abuse reported across the nation each year, but it is estimated that only 1 in 14 case are ever reported.

Eighty-six percent of the abusers have an ongoing relationship with the victim, such as a spouse, partner, adult child and/or an extended family member. As a result, elder abuse is considered a type of domestic violence. Because it is in the family, the abused are often reluctant to report to the authorities due to embarrassment, shame and fear of retaliation. Typically, the only way that elder abuse is reported is from concerned members of the community. Presently, the abused, aging population relies upon their community to "fill in the blanks" and report any suspected elder abuse that might alleviate their pain, suffering and humiliation. Elder Abuse Awareness is something each and everyone of us must be cognizant of.

Should you be the victim or know of any elder that has been victimized by physical abuse, neglect, medical neglect, isolation and / or financial abuse, please immediately contact attorney Steven Peck toll free at 1-866-999-9085 for an initial free consultation.

An Auburn man convicted of financial elder abuse for stealing from several local seniors lost an appeal this week to have the judgment overturned.

He faces 10 years in prison.

Robert Henning, 58, was convicted of five counts of financial elder abuse and five counts of grand theft by false pretense in Placer County Superior Court following his August 2007 arrest.

Henning bilked at least five elderly victims, who came to him to purchase products to assist their physical mobility, out of thousands of dollars.

Grace Raigosa, in her 70s, was one of the victims.

She said Friday that she contacted National Medical Services, at the time located on Shale Ridge Lane in North Auburn, to purchase a chair lift for her car.

Henning requested $800 in cash up front for the lift.

"I trusted him," she said.

Three months went by without a word. When Raigosa called to ask what had happened to her lift, Henning made multiple excuses.

"He told me there was a storm in Florida, the truck driver was in an accident and the lift had to be re-made," she said.

Eventually she learned that Henning had been arrested.

"I never got a penny back and no lift," Raigosa said. "I had to borrow the $800 and that's a small fortune to me."

According to documents filed April 29 with the Third Appellate District Court of Appeals, Henning contends the trial court (in Placer County) erred in the admission of evidence and made instructional errors and that "insufficient evidence support his 10 convictions."

The court disagreed, and instead affirmed the conviction and imposed a total prison sentence of 10 years and eight months for Henning's crimes.

Helen Bale, former Auburn Journal editor and long-time columnist who died earlier this year, was one of Henning's victims.

Exposing Henning's illegal activities targeting seniors was one of Bale's last major journalistic efforts.

Bale paid $1,395 for a scooter that she never received. According to court records Henning made multiple excuses to Bale as to why her scooter wasn't available. She became fed up and eventually called law enforcement authorities.

Bale wrote "Glory Hallelujah, praise the Lord!" in her column Dec. 16, 2007 "Through Irish Eyes" after learning of Henning's conviction.

Ten years behind bars is insufficient time for Henning's crimes, Raigosa said.

"The sentence isn't enough," she said. "He cheated and stole. "He'll get out and he'll go right back to it." 

 

The California Court of Appeals has determined that when an ongoing arbitration and lawsuit necessarily require the resolution of a common issue, judicial proceedings must be stayed pending arbitration. The Court found stays mandated despite an opposing litigating party's status as a non-party to the arbitration agreement.

In Sony BMG Music Entm't v. Super. Ct., No. B212888, 2009 WL 543735 (Cal.App. 2 Dist. Mar 5, 2009), employment was terminated for personal managers Stephen Stewart-Short and Michael Rosenblatt, of the musical group Augustana. In response, Stewart-Short and Rosenblatt initiated two proceedings: arbitration against Augustana pursuant to an arbitration agreement and a lawsuit against Sony and Peter Giberga, a Sony executive, who were both non-parties to the arbitration agreement. The arbitration claim was based on breach of contract theories, while the lawsuit asserted intentional and negligent interference in the managers' services. The trial was set to begin six weeks before the arbitration.

Sony moved to issue a stay of the trial court action pending conclusion of the arbitration pursuant to the California Code of Civil Procedure § 1281.4 and a recent holding in Heritage Provider Network, Inc. v Sup. Ct., 158 Cal.App.4th 1146 (2008). However, the trial court denied Sony's motion, stating in relevant part: "A decision in this court is likely to assist the parties in any arbitration proceeding, and ultimately, there is no policy reason to defer a properly filed lawsuit where the parties are different in order to allow arbitration, with, again, different parties to proceed." The Court of Appeal reversed and ordered the proceedings stayed pending arbitration.

The Court determined that when ongoing arbitration proceedings involve the same wrongful conduct subject of judicial proceedings, a court must stay its proceedings pending arbitration. The court highlighted that a single overlapping issue is enough to mandate a stay. Heritage, 158 Cal.App.4th at 1153.

The Court found that that Stewart-Short and Rosenblatt commenced arbitration against one party for breach of contract, and sued a different party for alleged interference with that same contract. The Court concluded that the evidence to be introduced on the alleged interference claim would necessarily overlap with the evidence to be introduced in arbitration. The Court stated that, in essence, the same story would have to be told, involving the same documents and many of the same witnesses testifying about the same events. As a result, the Court ordered the stay of the superior court case pending arbitration, reasoning that, even though different parties were involved in the commenced arbitration and pending lawsuit, both proceedings necessitate the resolution of overlapping issues.

Steven Peck's Premier Legal will help you find that speedy and cost effective resolution of your legal issues.  We have excellent attorneys standing by to help you toll free at 1-866-999-9085.

Following deep state budget cuts this year, the ranks weakened among those who fight for senior citizens living in nursing facilities and residential board and care homes.

Two state bills now seek to restore funding and bolster senior ombudsman services that lawmakers slashed.

An urgency bill, AB 392, would immediately restore $1.6 million to the Long-term Care Ombudsman Program to help make up for the $3.8 million it lost this year, said a state program administrator.

The second bill, AB 935, would send fines collected in senior home violations to local long-term care ombudsman programs.

With reduced funding, local programs have had fewer resources to help prevent senior neglect, abuse, isolation and exploitation, said Joan Parks, Ombudsman Services of Northern California program administrator.

Many local programs have lost most of their staff, and have been unable to recruit and train volunteers vital to the program, Parks said.

The Solano County ombudsman office has lost volunteers, and its two part- time employees are paid for fewer hours to handle a large work load, said field representative Naomi Snegosky.

"We all put in way over the hours we are paid," Snegosky said. "We have to. We get complaints."

Senior ombudsman volunteers and staff still respond to complaints but are unable to do more extensive advocacy, education and training, said Leanne Martinsen, Solano-Napa Agency On Aging executive director in Vallejo. The California Long-Term Care Ombudsman Program investigates and resolves complaints at senior nursing and board and care homes.

"We are very concerned that our weakened presence will lead to increased incidence of dehydration, malnourishment, soiled diapers, bedsores, poor hygiene, infections and other harmful outcomes of neglect and abuse in some facilities," Parks wrote in a letter to state officials urging passage of AB 392.

Ombudsman volunteers' unannounced visits to facilities have been greatly reduced, she said.

Weekly visits to nursing facilities have been reduced to monthly, while senior board and care homes are monitored just once a year.

Further, distraught families calling local offices now only leave a voice mail, and more complaints are being referred to other state offices or law enforcement, Parks said

More resources, not fewer, are needed in the recession to protect seniors, Parks wrote, adding that the national economic crisis has increased the threat of elder financial abuse.

The Napa Ombudsman program was spared the full brunt of this year's state budget cuts after securing a grant from a private foundation, said program coordinator Elizabeth Mautner.

A $20,000 grant partially offset the loss of $48,000 in state funds, Mautner said.

"We did not have to lay everyone off, but we had to curtail our hours," Mautner said. "We haven't been as readily available as we were."