California Elder Law Attorney Blog

A Louisville personal care home for people with Alzheimer's disease has been cited for the second time in five months for endangering the lives of residents by failing to properly care for them.

Arden Courts received a "Type A" citation -- the most serious -- on June 22 from the inspector general with the state Cabinet for Health and Family Services, which licenses personal care homes. The citation carries a possible fine of as much as $5,000.

Investigators found that a resident who was injured in an early morning fall June 12 did not receive medical attention for injuries until family members arrived that afternoon and demanded that a doctor be called, according to a copy of the citation. The resident was taken to a hospital emergency room, where she was treated for a pelvic fracture, low blood pressure and a laceration on her elbow that required stitches, the citation said.

Also, investigators found that Arden Courts failed to prevent accidents and ensure the safety of that resident and two others who had been injured in falls, the citation said.

A spokeswoman for HCR ManorCare, the Toledo, Ohio, company that owns Arden Courts, could not be reached.

The private facility on Linn Station Road is licensed to provide personal care for 64 residents.

Under state licensing regulations, personal care homes are supposed to accept only people who can manage most daily tasks, such as eating, bathing and dressing. Staff are to provide some assistance, but residents are supposed to be able to move about on their own. Residents who need more care or supervision are supposed to be discharged to another facility, such as a nursing home, which can provide skilled medical care and assistance.

In February, the state cited Arden Courts for failing to provide proper care for seven residents who suffered repeated falls, according to the citation. Two had developed bedsores and four of them had experienced significant weight loss, the citation said.

The Feb. 13 citation said all seven residents needed more skilled care and assistance than Arden Courts is licensed to provide.

The June 22 citation again found that Arden Courts was caring for residents who needed more services than the home is licensed to provide. It said the resident who was injured in the June 12 fall required total assistance with such tasks as bathing, and another resident required extensive assistance.

The injured resident was not supposed to walk without a walker; however, she did not have a walker when staff found her on a hallway floor about 4:45 a.m., the citation said. Despite complaining of pain and stating she believed she had broken a bone, the resident wasn't seen by a physician until after 3 p.m., the citation said.

Arden Courts has 20 days to correct the deficiencies listed in the latest citation.

Cabinet officials could not determine Friday whether Arden Courts had corrected deficiencies cited Feb. 13.
Contact Steven Peck's Premier Legal toll free at 1-866-999-9085 to talk to an experienced nursing home neglect and abuse and long term care attorney.

Every year, pressure ulcers affect more than one million acute care and nursing facility patients. Lawsuits over pressure ulcers are becoming increasingly common in both settings, with claims per occupied bed increasing at an annual rate of 14 percent and the average court settlement rising more than $250,000. In addition to the bottom line implications -- Medicare data estimates the average cost associated with pressure ulcer treatment is over $40,000 -- a pressure ulcer-related lawsuit can do severe damage to a facility's reputation for providing quality patient care, devastating staff morale and turning clients away.

The interrelationship between medical decision-making, reimbursement and legal issues relating to pressure ulcers has never been greater and the medical-legal landscape itself has never been more treacherous.

The items that need to be implemented to stop this terrible painful neglectful care are:

-- Assessing the Legal Implications of Healthcare Facility "Policies and
Procedures"
-- Assessing Compliance with Prescribing Rules
-- Changing and Practicing within Scope of Practice
-- Managing Expectations and Communicating Carefully
-- Clinical Documentation
-- Preventability: Avoidable, Unavoidable, Preventable or Never Events?
-- Education: The Need for Learning Never Ends
-- Preventive Clinical Care
Pressure ulcers, also known as bedsores, pressure sores or decubitus ulcers, occur in hospitals, nursing homes and long-term care facilities as a result of multiple internal and external factors, including unrelieved pressure on the skin. The lack of blood flow to an area of the skin may first be noticed as a change in color such as red in light skin or darker brown or black in darkly pigmented persons or irritated skin. Areas of deep tissue death may not be readily visible until they result in large open wounds.

When the treatment and prevention of pressure ulcers comes under legal scrutiny, it is often alleged as negligence and / or complete unadulterated neglect.

Watch and make sure your loved elder is receiving the treatment they have bargained for. Should they be bedridden or confined to a wheelchair, make sure they are re-positioned daily. if not, the elder will sustain a bedsore. Pressure ulcers, also known as bedsores, pressure sores or decubitus ulcers can be very very painful. WATCH, WATCH, WATCH!!!
Contact Steven Peck's Premier Legal toll at 1-866-999-9085 free to talk to an experienced nursing home abuse and neglect attorney

According to DHS, 1 in 5 older adults has been abused, neglected or exploited and are increasingly the target of financial scams.

Especially with the economy says California elder law attorney Steven Peck " we are seeing an increase in referrals due to financial exploitation."

With seniors having money coming in on a regular basis and other people in their life being laid off or unable to work, they are going to be easily exploited.

A typical scam that is going on is receiving letter in the mail that has a Spanish stamp on it. The letter then says you are a winner for some amount of money and then they ask for the elders identification but said don't tell anybody.

These types of solicitations should send up a red flag. Sadly, though, too many elders would have fallen for it.

This could be very devastating because if it has already occurred,recouping that money that has already been spent is very hard. That wipes the elders out and they don't have the time to rebuild those resources. .

Scams run the gamut, from mailings and phone calls seeking to obtain confidential information, to roofers and painters overcharging for work that doesn't need to be done.

The bottom line is if it sounds too good to be true, it probably isn't.

Unfortunately, it is often not only strangers preying on the elderly, but their own family members.

But elders need to understand that my office has concerns for this type of exploitation and as an aggressive law office we will look into it. The number one thing we have tried to stress today is they need to report it this kind of abuse.
Contact Steven Peck's Premier Legal toll free at 1-866-999-9085 to talk to an experienced california elder law lawyer.

The primary reason to create a Buy-Sell agreement in a typical business situation is to provide for continuity of control of a business., either within the family or among the current owners after the departure of an owner.

A well drafted Buy-Sell Agreement can also accomplish many other estate planning goals, however,individual shareholders and partners should consider their own estate planning goals and the legal and financial effects of these Buy-Out arrangements on those goals before entering into a Buy-Sell agreement.

One of the most important tax related estate planning issues to consider is whether a Buy-Sell agreement should be used to actually fix the value of a deceased shareholder's or partner's interest for federal death tax purposes.

if the decedent's estate is not large enough to cause any concern about death tax matters, or if the agreement is between an owner and his or her spouse, so that a transfer for less than fair market value will be exempt from tax because of the marital deduction, the effect of the Buy-Sell agreement for less than fair market value may be undesirable, because the income tax basis of the business interest in the hands of the decedent's heirs will be the value accepted for death tax purposes and will result in an increased gain when the business is sold. If this may be the case, and should the business be entirely family owned, it may be preferable to allow the decedent's interest in the business to pass by bequest rather than purchase.

Contact Steven Peck's Premier Legal toll free at 1-866-999-9085 to talk to an experienced California Elder Law Attorney.

A California nursing home in Encinitas, California has become the latest facility to get a $100,000 fine for conditions that led to a patient's death. State officials concede collecting these fines can take years.

State regulators reserve the $100,000, or AA fine for the most severe violations of health and safety codes.

Nursing homes have the right to appeal the fine and most of them do so.

In 2007, the state issued more than $2 million worth of AA fines. To date, the state has collected less than ten percent.

Evidently, the California Department of Health Services doesn't have enough attorneys, their appeal system is broken down,and they don't even have enough administrative law judges to process the appeals and collect the fines imposed.

State officials say a nursing home can lose its license if it gets two AA fines within a 24-month period.

Should you suspect that a loved one has been neglected or abused in a california nursing home or long term facility, contact Steven Peck's Premier Legal toll free at 1-866-999-9085 to talk to an experienced california elder abuse and neglect lawyer.

For a little while, at least until the police arrived with an arrest warrant, it must have seemed like the perfect crime.

Authorities charge that investment adviser Jeffrey Southard systematically bilked elderly clients out of $1.8 million in a Ponzi scheme that unraveled when securities regulators began looking into his business. Southard pleaded guilty last week to preying on elderly clients, who turned over their money to him on the promise of guaranteed annual returns of 6 percent to 11 percent.

Instead of enriching his clients, Southard used much of the money to pay his mortgage, private-school tuition, car payments, and other personal expenses.

The story rated a few paragraphs in the newspaper, but the fact is that schemes by investment advisers and other professionals that target elderly clients are proliferating. The reason is, as Willie Sutton put it when asked why he robbed banks, that is where the money is.

People 50 and over are sitting on a vast pile of wealth - 70 percent of the net worth of U.S. households, according to MetLife, the insurance giant. Those assets have been accumulating over several decades of unprecedented economic growth in the United States.

Some elderly are especially vulnerable because they are physically weakened, emotionally vulnerable, or impaired in other ways that might affect their judgment.

That exposure, along with the potential changes in inheritance rules and the sheer magnitude of the over-60 demographic, is helping to fuel a sharp uptick in business for lawyers who are experts in wills and estates and overall wealth management.

This is a rarefied profession in which lawyers dwell in what is to most souls a terra incognita of abstruse tax laws and IRS opinions, the mastery of which can seem more like sorcery than law.

It grows increasingly complex with the size of the estate.

For all the expertise required in complex estate planning, some estate lawyers, especially at some big firms, traditionally played a secondary role. They're known as service partners and are referred work by rainmaker lawyers with important clients who in addition to their commercial transactions may need some help with their bulging portfolios.

Prospective clients should steer clear of independent financial advisers who are not affiliated with a large institution that can make restitution if funds are misappropriated. Make sure that the adviser does not have custody of the funds and thus cannot divert the money for his or her own use. That was the case with Bernie Madoff, and indeed, Jeffrey Southard. In both cases, clients turned over funds directly to their advisers, who in turn used the money for themselves.

Good data are hard to come by, but policymakers, financial institutions, and others with a stake in the issue are making stabs at measuring the problem. In a study released in March, MetLife's Mature Market Institute, a research arm of the insurer, concluded that thefts and other forms of financial exploitation of the elderly amounted to at least $2.6 billion a year. The study found professional advisers, such as lawyers and investment advisers, account for the largest group of offenders at about 18 percent, but they were closely followed by family members pilfering funds and other assets.

Other studies have concluded that family members by far commit most of the financial crimes against the elderly, accounting for 50 percent or more of the cases.

Plenty of such rip-offs are very commonplace, and the wealthy, though often having the benefit of good legal advice and presumably more sophisticated than most, are as vulnerable as anyone.

The Bernie Madoff case made this point amply clear.

A lot of people went to Bernie Madoff; he looked so wealthy and wise. People will trust someone without looking into it. They don't ask, Where is my money going? Wealthy people are not always smarter than people with less wealth.
Should you beleive that you or a family member has been the victim of financial elder abuse immediately contact Steven Peck's Premier Legal toll free at 1-866-999-9085 to talk to an experienced California Financial Elder Abuse attorney

The California state Assembly's Public Safety Committee on Tuesday June 23, 2009, approved a plan by Sen. Jenny Oropeza that would strengthen fines and other penalties against those who physically abuse senior citizens.

Senate Bill 18 won bipartisan support from the committee.

The bill would increase fines for those who abuse dependent adults and seniors ages 65 and older.

Elder abuse is a hidden, pervasive and deadly crime where a shocking 84 percent of 5 million cases go unreported nationwide. As California will have more than 9 million aged residents by 2020, SB 18 would shine light on a growing problem.

SB 18, would do the following:

Increase from $6,000 to $10,000 fines for those found guilty of placing an elder or dependent adult in situations where great bodily harm or death is likely.

Increase from $2,000 to $5,000 the fine for those found guilty of placing an elder or dependent adult in dangerous situations not likely to cause death or serious bodily injury.

Supporters of SB 18 include the California District Attorneys Association, the California State Sheriffs Association, the California Commission on Aging and the Alzheimer's Association.

SB 18 requires Assembly approval as well. The state's lower house has not scheduled a hearing.
Should you suspect you or a loved one have been physically abused or neglected immediately contact Steven Peck's Premier Legal toll free at 1-866-999-9085 to talk to an experienced California elder abuse and neglect attorney.

The Elder was the victim of cruelty, not by strangers but by her own family.

The Elder had granted a life estate on her home to her daughter, to whom she wished to leave the house. But she retained the right to live in it for the rest of her days.

Her son-in-law had other plans, for the couple moved the older woman into a basement room, where she became a virtual prisoner, except at meal time.

The Elder hadn't known that she needn't have given the home to her daughter to protect it from Medicaid. She could have gone to court to revoke the grant, though the cost would have been prohibitive. But how would an elderly woman alone find help she could trust or afford?

Elder financial abuse costs older Americans more than $2.6 billion per year and is most often perpetrated by family members and caregivers says Steven Peck, an elder law attorney with Premier Legal (www.californiaeldercarelaw.com) located in Los Angeles, California

The recession has increased the vulnerability of older people, many of whom fail to report the abuse. Family members and caregivers are the culprits in 55 percent of the cases. The typical victim, is between 70 and 89, white, female, frail and cognitively impaired. Most elders are very trusting of others and may be lonely or isolated. Family members and caregivers tend to financially exploit their elderly relatives more often than strangers.

Family members feel a sense of entitlement and believe they have a right to the money . . . their parents or older relatives have accumulated. They also may believe the old folks don't need it, anyway. it's very dangerous to transfer a home to a son or daughter, for, if they declare bankruptcy, the house could be lost.

And it was not necessary to deed a house to a son or daughter to protect it from Medicaid. The house is safe from Medicaid, unless it's abandoned.

You can find a qualified elder law attorney in your area through Steven Peck's Premier Legal at www.premierlegal.org or call 866-999-9085. An attorney can help you execute certain documents long before you need them, such as an advance health care directive, a living trust, and a power of attorney, which, says elder law attorney Steven Peck "can be as broad or as limited as the individual feels comfortable with." Be careful though to specify what powers you wish to bestow.

Per California Collection Law, levy under a writ of execution creates an execution lien on the property levied. See California Code of Civil ProcedureSection 697.710. The lien's duration is from the time of the levy until expiration of two years after the date of the writ's issuance unless the judgment is satisfied sooner.
Except for a sale by a superior lienholder, and subject to California Code of Civil Procedure Section 701.630, if any interest in real property subject to an execution lien is transferred or encumbered,, "the interest transferred or encumbered" remains subject to the lien. See California Code of Civil Procedure Section 697.720.
Similarly, except for a sale by a superior lienholder or a sale of tangible personal property of a going businessmade in the ordinary course of business while a keeper is in charge, andd subject to California Code of Civil ProcedureSection 701.630, tangible personal property in the levying officer's custody that is subject to the execution lien remains subject to the lien after its transfer or encumbrance. See California Code of Civil ProcedureSection 697.730.
Contact Steven Peck's Premier Legal to talk to an experienced California Collection Attorney toll free at 1-866-999-9085.

A nursing home has been hit with the most severe citation - and the maximum fine of $100,000 - in connection with a patient who died from a preventable fall, state health regulators said Monday.
The patient, who was not identified, was recovering from hip surgery at Aviara Healthcare Center on Regal Road in Encinitas.
He was admitted to the facility in April for physical therapy, and he fell twice there within 24 hours between May 9 and 10.
After the first fall, the Aviara staff put an alarm on the patient's gown. Despite the alarm, no staff member responded when the patient got out of bed and walked into the hallway.
The wall in that area lacked a handrail, so when the man began stumbling, he grabbed a large mechanical device used to lift residents out of bed.
He fell and pulled the equipment down to the floor with him, and his head hit the metal frame of the lift, according to a report by the California Department of Public Health. The patient was hospitalized and died May 13 from the blunt-force trauma.
Seven Aviara employees said the lift was supposed to be kept in a shower room and not the hallway. Even after the man's death, a state health investigator found the lift still stored in the same hallway location.
"The facility's decision to store a large piece of equipment which is easily overturned in the hallway could and did pose a hazard to patients," the state report said.
David Sneddon, Aviara's administrator, said the death was a tragic accident. He declined to talk about the patient or specific issues raised in the state investigation.
"We are always looking at making patient care better," Sneddon said. "It is something we take very, very seriously."
Aviara also was fined $16,000 because it failed to closely monitor a patient who wandered away from the facility three times within nine hours last month.
Should you believe that a loved one has been abused and / or neglected in a nursing home or a long term care facility, immediately contact Steven Peck's Premier Legal toll free at 1-866-999-9085 to talk to an experienced california elder abuse attorney.

The image is not pretty, the examples may make one feel uncomfortable, and some victims may not realize they need help. Elder abuse can take many forms and can sometimes be difficult to recognize.

These are some of the reasons that each June, World Elder Abuse Awareness Day is recognized. This year's observance was Monday June 15, 2009, but it's a problem that must be addressed every day.

Each year, more than two million vulnerable adults and older adults fall prey to elder abuse in the United States.

Protecting our vulnerable and older adults from abuse, neglect and exploitation is the responsibility of all our citizens. Learning to recognize the signs of abuse and neglect are important factors to ensuring that our seniors and vulnerable adults live their lives in safe environments with dignity and respect.

Research shows that older adults who are abused, neglected and exploited are three times more likely to die within 10 years than those who are not.

According to national statistics, elder abuse is grossly underreported because vulnerable and older adults who are being abused find it difficult to tell anyone due to shame and fear. Elder abuse affects men and women of all ethnic backgrounds and social status; it occurs in private residences and in facilities.

Elder abuse in California most often happens to adults over the age of 59 who live alone or with family members (85%), while the remainder happens in facilities or shelters. The most common form of mistreatment is neglect, with 69% of the cases involving self-neglect, where victims are unable to care for themselves adequately.

Anyone who suspects that a vulnerable or older adult is in need of protection is required by California law to report this information to the adult protective services intake unit at the department of social services in the county where the adult resides.

Some of the signs of elder abuse may include:

· Bruises, burns, cuts, scratches
· Malnutrition
· Untreated medical condition(s)
· Unsafe or unsanitary housing
· Mental anguish and distress
· Mistrust toward others
· Mismanaged property or savings
· Inability to provide needed care
What can you do to help raise awareness about elder abuse?
· Don't ignore this problem. It's not going away.
Should you suspect elder abuse or have suspicions as to nursing home abuse and neglect in an institution, immediately contact Steven Peck's Premier Legal toll free at 1-866-999-9085 to talk to an experienced elder law attorney.

Elder Abuse: Identification and Prevention" is scheduled for 10 a.m. June 23 at the Mizell Senior Center, 480 S. Sunrise Way, Palm Springs.

The program will provide seniors and their friends and family with information about elder abuse to help to spot scams and con artists, according to a news release.

"This is a unique collaboration among many of the Valley Senior Centers and the LGBT community to educate about elder abuse," Jack Newby, executive director of the Desert Pride Center, said in an e-mail to The Desert Sun.

"Elder abuse is an issue that affects all of us. Education and prevention is the responsibility of the entire community."

Formed in 2002, the Desert Pride Center is a community center for lesbian, gay, bisexual people.

In the past five years, Riverside County has seen a 10 percent increase in the number of elder abuse cases, according to the Department of Social Services.

Over the same period, the number of cases across the state has increased 18 percent.

Part of the State Bar of California trust and estate section's speaker series on elder abuse, the program is being hosted by the Desert Pride Center, Mizell Senior Center, Golden Rainbow Senior Center, Joslyn Senior Center and the Community Center at Tierra del Sol.

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

What is elder abuse?

It is the neglect, exploitation or "painful or harmful" mistreatment of anyone who is 65 or older (or any disabled dependent adult age 18 to 64). It can involve physical violence, psychological abuse, isolation, abandonment, abduction, false imprisonment or a caregiver's neglect. It could also involve unlawful taking of a senior's money or property.

In short, elder abuse involves various crimes, such as theft, assault or identity theft. But when the victim is 65 years old or older (or a disabled dependent adult), the criminal faces stiffer penalties.

1. What should I do if I am being abused or if I suspect someone else is being abused?

If the abuse, neglect or exploitation is taking place in a private home, call Steven Peck's Premier Legal toll free at 1-866-999-9085 to talk to an experienced elder abuse attorney.

If the abuse is occurring in a licensed long-term care facility, such as a nursing home, call Steven Peck's Premier legal toll free at 1-866-999-9085 to talk to an experienced nursing home abuse and neglect attorney.

2. Am I required to report suspected elder abuse?

Yes, if you are responsible, with or without pay, for taking care of an elder or dependent adult. Others, too, must report suspected elder abuse: administrators, supervisors and licensed staff of facilities providing care and services to the elderly; APS employees; health practitioners; police officers; clergy members; elder or dependent adult care custodians; and employees of financial institutions.

3. Is there anyone who will check on my elderly father's well-being for me?

Yes. If you are worried about a parent or other elderly person who lives in a different community, contact the police or sheriff's department in his or her area and request a well-being or welfare check.

4. What can I do to protect myself from an abusive caregiver or spouse?

If you are in immediate danger, call 911. When the police arrive, explain what happened. In both elder abuse and domestic violence cases, the officers can contact an on-call judicial officer and issue an immediate Emergency Protective Order (EPO). Then, to extend the order, you can seek a Temporary Restraining Order (TRO).

In addition, in cases of elder abuse, the senior citizen need not have suffered physical abuse to obtain a restraining order. An elder abuse restraining order can prohibit the mental or financial abuse of a senior as well. A restraining order does not completely eliminate the risk of future violence or other abuse; you should remain on guard.

5. How can I be sure that my mother's caregiver will provide proper in-home care?

You cannot be sure, especially if the caregiver is simply providing personal assistance with such daily rituals as dressing or preparing meals. Such caregivers are not regulated. Caregivers who provide medical care, however, must be licensed or certified.

6. As a senior, am I more likely to be targeted in a consumer scam?

Yes. Seniors are often victims. You could be approached through the mail, by telephone, via e-mail or at your front door. Avoid being solicited by telemarketers by registering your telephone numbers with the National Do-Not-Call Registry. Call 1-888-382-1222 or go to the Web site at www.donotcall.gov. You can also "opt out" of credit agencies' pre-approved credit offer mailing lists. Call 1-888-5-OPTOUT (1-888-567-8688) or go online at www.optoutprescreen.com.

7. What is identity theft and what should I do if I become a victim?

Identity theft is the unauthorized use of someone's personal data to obtain credit cards, loans, automobiles, products and services. "Personal data" includes your driver's license, credit card numbers, name, address, telephone number or Social Security number.

To keep tabs on your credit, you can request one free credit report annually or visit www.annualcreditreport.com.

If you fall victim to an identity thief, protect your credit rating and ensure that the thief's actions do not damage your financial status in the future. Call the major credit-reporting agencies and put a fraud alert on your account, file a police report, register a complaint with the FTC, and send out an ID Theft Affidavit to any business in which a fraudulent account was opened.

For more detailed information, visit the Web sites run by the FTC (www.ftc.gov), the Privacy Rights Clearinghouse (www.privacyrights.org), the Identity Theft Resource Center (www.idtheftcenter.org) or the attorney general's office.

We live in a very different world today then years ago, when elderly relatives were an intracal part of the family, living at home until their deaths. Now we live life at break neck speed and husbands and wives work to care for their younger children, making it difficult to keep elderly parents at home.

It is hard to have to put a parent of loved one in a nursing home. They are away from everyone and everything familiar to them, and it can be a very frightening experience.

Elder abuse in nursing homes, is a very real and very frightening to deal with. There are some very practical things you can do to make sure your family is safe, while in a nursing home.

Be present: The best way to make sure that your love ones are safe while in a nursing home, is to visit often. It is a fact that clients who have regular visittation from family and friends are less likely to be abused.

Be vigilant: Elder abuse can be physical or emotional. As how they are being treated, or examine them physically. Learn to recognize symptoms of elder abuse. This could verify neglect or abuse.

Establish relationships with staff: Getting to know staff will lessen the possibility of elder abuse. Take time to get to know the people who are caring for your sick or elderly loved one.

Reporting abuse: Do not neglect to report and suspected elder abuse immediately. There are organizations and governmental agencies that will follow up on these claims. Consider hiring an elder abuse lawyer for advise.

Participate actively: When visiting the nursing home, notice if there is something that needs to be done. Wash their face, comb their hair if needed, read a story or show family pictures to encourage and remind them of great times they had in the past.

Have a visitation schedule: Get together with family members and set of a schedule of visitation, so that the burden is not place all on one person. This will also show much needed support to the nursing home staff.

Continue reading "Elder Abuse Prevention: Some Very Practical Tips" »

A jury has determined that a woman suffered abuse and neglect in 2006 at an elder-care facility in Fallbrook and awarded her more than $1.3 million for past medical bills and damages.
The case stemmed from a lawsuit filed in January 2008 on behalf of Elaine Stinson against Leisure Palms, where Stinson had been a resident. The two-week trial ended Monday in Vista Superior Court.
In October 2006, Stinson - then 82 - was placed at the six-bed facility by her husband, Alvin, who was 10 years older. She suffered from Alzheimer's Disease and was recovering from hip surgery.
According to the lawsuit, Elaine Stinson fell at Leisure Palms on Dec. 31, 2006, and suffered a head contusion, broken ribs and a punctured lung. Caregivers at the Morro Road facility placed her in bed but did not immediately call her doctor or family.
The next morning, her husband found her nonresponsive. He called 911 and Stinson was taken to a hospital where she underwent surgery.
Stinson recovered over the next 10 months in a nursing facility. She now lives in an elder-care facility in Murrieta. Her husband died in 2007.

This case was based upon the inability to monitor, care for or even understand the needs of the elderly .Contact Steven Peck's Premier Legal toll free at 1-866-999-9085 to talk to an experienced nursing home abuse and neglect attorney

A nursing home west of downtown Los Angeles has been fined $100,000 after state officials concluded that poor care led to the injury and death of an elderly resident who fell and hurt his head.

The penalty, levied on Lakewood Manor North Nursing Home in Westlake, just south of MacArthur Park, is the state's most severe, officials said.

The case involved an 83-year-old man, who on the morning of Jan. 4, 2007, lost his balance and struck his head on a bed rail when he was being moved from his bed to a wheelchair. The man had a short-term memory problem and had impaired cognitive skills, and relied on nursing staff for dressing; state officials said the facility failed to provide adequate support for the resident as he was transferred to his wheelchair.

At 8:30 a.m., about half an hour after the blow to the head, nurses' notes documented the man had a bluish discoloration on the left side of his head. Staff monitored the patient's condition as the attending physician was paged at 8:45 a.m. and 12:30 p.m., but the doctor did not return the call.

His condition continued to deteriorate throughout the day; he refused lunch and dinner and complained of not feeling well. At 8:30 p.m., he was observed as lethargic. Finally, at an unspecified time, an attending physician was reached, and the patient was transferred to a hospital at 9:30 p.m.--more than 13 hours after he had struck his head. The patient had suffered bleeding in the brain and died five days later.

Investigators said the licensed nurses should have called either an alternate physician or the medical director when the attending physician did not respond to pages, or call 911 in an emergency.

"Failure of the facility staff to immediately notify the physician and to provide the necessary care and services to Resident 1 [the patient] ... presented a substantial probability that serious harm would result, and did result to Resident 1 [the patient's] death," the report said.

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

Lawyers and financial advisers are seeing more cases of adult children turning to their parents for financial help because of the troubled economy -- and more cases where those children cross the line.

In some cases, adult children are making a grab for assets held by parents who are too fragile mentally or physically to make decisions that are in their own best interests. In other instances, parents may feel pressured to hand over money or property, or even change their will, for fear of losing a more-precious asset: a child's love.

"My law office gets many calls every week about elder financial abuse." says Steven Peck, an elder-law and nursing home and abuse neglect attorney who practices in Van Nuys, California and who can be contacted toll free at 1-866-999-9085.

In one suit, settled before reaching trial, a granddaughter allegedly convinced her grandmother, who was terminally ill and on morphine at the time, to put her house into joint tenancy and cut out a brother who was due to inherit half. When the grandmother died, the granddaughter quickly sold the house and used some of the cash to pay off about $100,000 in debts.

In another case a mother set up a trust that she appointed her eldest son to oversee upon her death or incapacity. Her assets were supposed to be distributed equally among five sons after she passed away, but the eldest son withdrew about $600,000 without the knowledge of the other beneficiaries.

The younger brothers became suspicious when he made several big-ticket purchases even though he was known to be having business troubles. In a settlement, the eldest agreed to forfeit his share of the remainder of the trust's assets.

Some family members who are caregivers, particularly those who live in, may be tempted to dip into an elderly person's bank accounts when they have power of attorney.

More than half of all financial-abuse cases against older Americans involve family members or caregivers, according to the MetLife Mature Market Institute.

Experts recommend that bank, credit-card and investment statements be regularly reviewed by an outside party the senior knows and trusts.

We all want to protect our loved ones from danger, but it's impossible to be with them every moment of the day. And unfortunate as it is, scam artists see your aging Mom or Dad as an easy target, knowing full well that elderly individuals are more likely to fall for their scams. Elder fraud often goes unreported, but it's estimated that over $40 billion is stolen from America's elders every year (1), and, due to a lack of proper senior citizen fraud protection in place, this figure is increasing. Families and friends are fighting back and providing their loved ones with elder fraud protection tips and tools to combat these elder fraud scam artists.

If it's too good to be true, then it probably is. Law enforcement agencies often remark on just how difficult it is to bring elder fraud perpetrators to justice - once an investigator has begun looking into the scheme, the scammers are already moving on to another ploy. There's just no way to catch them all, which means it's up to you to help your parents understand and implement senior citizen fraud protection tactics and be on the lookout for people who wish to do them, their property, or their savings significant harm.

How can you help your parents fight back against elder fraud? Aside from a quick lesson in elder fraud protection, a handy cheat sheet by all the phones or computers in the home is often the best way to avoid these common elder fraud tricks, which include the following top ten ways to beat the bad guys.

What to Include on Your Elder Citizen Fraud Protection Cheat Sheet

1. Avoid sending money or providing personal financial information. Be cautious who you disclose your bank account, credit card, and social security numbers to. Suspicious, but realistic looking checks made out for a considerable amount of money should be an elder fraud red flag. Your parents should know that if they weren't expecting a check, it could be a fake. Tell your loved ones if they have concerns related to this type of senior citizen fraud that protection comes from asking someone they trust for help. Checks such as these are usually accompanied with directions instructing the recipient to call a phone number. The message tells the caller to send taxes on the money he or she just received through a wire transfer service. The scam, of course, is that once the recipient sends the money, their check bounces.

2. Do not speak at length with people who are unfamiliar to you - tell your parents to decline answering questions of a private matter over the phone, Internet, or at the door. Above all, the key to senior citizen fraud protection is caution. If a telemarketer who is pushing a product begins asking for too much information, tell your loved one to request the name of his or her employer, the address, and a phone number. If a caller asks to speak to the man of the house and there isn't one, tell your mother never to indicate that she lives alone.

3. Do not sign any documents without reviewing them carefully. Your loved one can often be signed up for something he or she may not be interested in and begin receiving phone calls that solicit other products. If anything appears suspect, tell your loved one to contact his or her lawyer or a trusted friend immediately. Many elder fraud con artists will pose as door-to-door salesmen and try to sell your loved one something on the spot, introducing multiple new products and a whirl of paperwork that needs to be signed now and paid for to 'secure' it. This potential elder fraud ploy is dangerous, because the friendly salesman is no longer some distant threat with no face; he appears to be knowledgeable and trustworthy. Tell your parents one of the most important elder fraud protection tools available to them is not to allow anyone into the home they don't know.

4. Make sure to verify all claims. One of the newest elder fraud alerts is related to home construction or improvement, and much like any other industry, scams abound. The best senior citizen fraud protection tip in this instance is to use a well-known contractor in the area. Tell your parents to request references and contact the Better Business Bureau or the National Fraud Information Center if they're unsure. Create a contract and make sure the work is carried out to the letter; a fly-by-night scheme will probably try to talk down the contract, but if it's in writing, your loved one ultimately has more recourse. And if the contractor wants the money upfront, tell your loved one to move on to the next choice.

5. Reach out for help before investing or spending considerable amounts of money. Tell your loved one to call you with questions about any investment that involves a significant transfer of money or shares. In many cases. Contact a professional..

6. Shred all bills, notices, and personal mail before throwing them away. Information regarding your loved one's financial situation is often retrieved by con artists from discarded mail that is not shredded. It's all too easy for elder fraud scammers to get bank account and credit card numbers from statements as well as details on safe deposit boxes, ATM cards, addresses, phone numbers, social security numbers, and more. Remind your loved one that one of the most important senior citizen fraud protection tips is to tear up all mail before throwing it away. Or, better yet, give him or her the gift of a paper shredder!

7. Recognize predatory lending practices. This senior financial abuse and elder fraud practice, also known as loan fraud, is often perpetrated by mortgage brokers, appraisers, and home contractors looking for a quick buck. Seniors approach these seemingly knowledgeable individuals looking to refinance their homes, but are bombarded by fast-talking scammers who incorporate a must-act clause into the deal. In the end, your loved one will walk away with a high-cost loan with exorbitant fees totaling more than 5% of the entire amount. When talking with your loved one about predatory lending and senior citizen fraud protection tips, remind him or her that other tricks include pre-payment penalties, 'flipping' (when a loan is refinanced to generate fee income without providing any net tangible benefit to the borrower), mandatory arbitration, and other unnecessary additions. Don't let your parents make this decision alone; help them be more informed consumers. Contact a professional.

8. Avoid health insurance scams by identifying the red flags. Many lower income seniors rely on their Medicare health insurance, which is why many elder fraud scams originate here. Often, less-than-reputable medical equipment companies target seniors, offering free supplies in return for their Medicare numbers. Tell your loved one that the doctor must order and sign for all equipment and products before Medicare will pay for it. Remind your parents of the most important senior citizen fraud protection tips when it comes to health insurance, including never signing blank insurance claim forms, never providing unchecked medical authorization for billing purposes, always reviewing Medicare's payment terms closely, never giving out their Medicare numbers to someone they don't know, and verifying with their physician if they are unsure of a product or equipment that's been ordered.

9. Bypass the 'Sucker List' altogether. Many seniors are eager to win something and often enter numerous sweepstakes, sign up for free magazines, or register for contests. Companies with elder fraud scam artists will keep records of these submissions, meaning your loved ones could end up on what is called the 'Sucker List,' making your parents that much more of an elder fraud target. This list usually contains not only people who the scammers believe to be a good target, but have already been successfully targeted before.

10. Just hang up. Scammers know that senior citizens are more polite, more trusting, and a lot less likely to hang up when the call becomes personal; unfortunately, elder fraud con artists take full advantage of this fact. Tell your loved one that if he or she doesn't know the caller and questions regarding financial or personal matters come up, they can simply hang up on the caller with no questions asked. Hanging up is one of the simplest senior citizen fraud protection methods.

An Ounce of Prevention...

If your loved one has been a victim of elder fraud, please urge them to report it to the proper authorities. Falling for a scam is embarrassing to many seniors, making it one of the most under reported crimes. Their assistance in the matter can help bring con artists to justice and perhaps inspire other seniors to implement better methods of senior citizen fraud protection.

Another invaluable senior citizen fraud protection tool is helping your loved one sign up for the national 'do not call' registry to prevent harassing telemarketer calls. It's a free service, and you can either call 888-382-1222 or register online at www.donotcall.gov. Another website that offers helpful senior citizen fraud protection tips of its own - www.fraud.org/elderfraud - helps fight against con artists by posting regular updates and information. Walking your loved one through potential elder fraud scenarios is as helpful as checking in regularly to go over financial transactions, bills, and emails as well as posting (in plain sight) the senior citizen fraud protection tips outlined above.

Ultimately, the only way to prevent elder fraud is through education, and this requires you to be firm on the subject, providing an insightful look into the various methods of senior citizen fraud protection. Caution is always the key to protection, and your loved one should be provided with a list of helpful sources to contact for additional information, including the National Consumer League's Fraud Center, AARP, the Better Business Bureau, and Consumer Action. You may also contact Steven Peck's Premier Legal to talk to an experienced elder law and abuse attorney toll free at 1-866-999-9085.

Above all, make sure your loved one always knows who he or she is dealing with in the course of transactions or investments. And, as always, it's important to remember that an ounce of prevention is worth a pound of 'cure.'

Abuse and neglect of older people will be highlighted on Monday June 15, 2009 with World Elder Abuse Awareness Day.

Respect each other - Let's all say no to elder abuse and neglect. Age Concerns around the country will alert their communities to the devastating impact on older people.
Every day hundereds of more cases of abuse or neglect of older people are uncovered and they know that's just the tip of the iceberg.

People think that because someone is old, they don't matter. They take their money, isolate them, make decisions without even asking, and pressure them into things they don't want to do like giving a 'loan', or letting family move in for free.

This is elder abuse and these people are abusers. They show no respect for the older person, for their quality of life, and for their needs - they even can take away their will to live. Seventy to Eighty percent of elder abuse and neglect occurs at the hands of family members.

World Elder Abuse Awareness Day, June 15, 2009, is an opportunity for us all to say no to elder abuse and neglect. It's time to see what's happening and to change the culture of disrespect and destruction of older people.
If you're an older person facing abuse or someone who suspects it's happening, do something about it call Steven Peck's Premier Legal and talk to an experienced elder abuse and neglect attorney toll free at 1-866-999-9085.

The first World Elder Abuse Awareness Day is on Monday June 15, 2009.

Elder abuse is an under-recognized problem with devastating and even life-threatening consequences. Every day, headlines throughout the United States paint a grim picture of e;ders who have been abused, neglected and exploited, often by the people they trust the most.

Abusers may be spouses, adult children or grandchildren, personal acquaintances or professionals, all in positions of trust, or opportunistic strangers who prey on the vulnerable.

How big is the problem?

No one really knows. Relatively few cases are identified, as elders often are reluctant to report the mistreatment.

Experts estimate that only one in six cases is reported, which means that very few elders who have been abused get the help they need. As the baby boomers age and life expectancy increases, it is now more crucial than ever to increase attention and prevention of elder abuse, neglect and exploitation.

What is elder abuse?

According to some state laws, elder abuse is any knowing, intentional or negligent act by a caregiver or any other person that causes harm or a serious risk of harm to a vulnerable adult. It includes physical, sexual and emotional abuse, financial exploitation, neglect, self-neglect or abandonment. The abuse may include isolation, identity theft or the theft or embezzlement of a senior's property.

Who is at risk?

Elder abuse can occur anywhere - in the home, in nursing homes or other institutions. It affects seniors across all socio-economic groups, cultures and races. Based on statistics, women and "older" elders are most likely to be victimized. Dementia is a very significant risk factor. Mental health and substance abuse issues - of both abusers and victims - also are risk factors, and isolation is a prevalent contributing factor.

Types of elder abuse

Physical abuse: Use of force to threaten or physically injure a vulnerable elder.

Emotional abuse: Verbal attacks, threats, rejection, isolation or belittling acts that cause mental anguish, pain or distress to a senior.

Sexual abuse: Sexual contact that is forced, tricked, threatened, or otherwise coerced upon a vulnerable elder, including anyone who is unable to grant consent.

Exploitation: Theft, fraud, misuse or neglect of authority, and use of undue influence as a lever to gain control over an older person's money or property.

Neglect: A caregiver's failure or refusal to provide for a vulnerable elder's safety, physical or emotional needs

Abandonment: Desertion of a frail or vulnerable elder by anyone with a duty of care

Self-neglect: An inability to understand the consequences of one's own actions or inactions, which may lead to harm or endangerment.

What can I do to prevent elder abuse?

Report suspected mistreatment to an adult protective services agency or to law enforcement. Although a situation may have already been investigated, if you believe circumstances are getting worse, continue to speak out.

Keep in contact: Talk with your older friends, neighbors, and relatives. Maintaining communication helps to decrease isolation.

Be aware of the possibility of abuse: Take note of what may be happening with older family members, neighbors and acquaintances.

Tell your story: Speaking out about abuse from a personal perspective is empowering for those who have been victimized. Personal accounts help to put a "face" on this devastating issue.

Reaching out

Make it a priority to visit an older friend or relative who lives in a nursing home. Isolation is a known risk factor for elder abuse, neglect and self-neglect. Reducing isolation is as simple as reaching out, through an informal visit or by volunteering with one of the many programs that provide support and services to older individuals.

Commit to visiting an older friend, family member or neighbor who lives alone, or invite them to a family or social activity.

Participate in a citizens' group to advocate for the rights of residents of long-term care. A loved one may some day become a resident of a nursing home.

Suggestions for older individuals to reduce the risk of abuse:

1) Maintain a regular schedule of doctor and dentist visits.

2) Investigate legal strategies, including health directives, and develop a plan that meets your needs.

3) Talk about your needs with a trusted friend, neighbor or loved one.
Please contact Steven Peck's Premier Legal to talk to an experienced elder abuse and neglect attorney toll free at 1-866-999-9085.

Elder Abuse can be physical when pain and injury are inflicted. It can be sexual in nature.

Elder Abuse can be in the form of neglect. This is when the necessities of life are not provided. This can include medications, food, fluids, care and supervision. Elder Abuse can be emotional if mental distress and anguish are intentionally placed on a senior. More often, however, elder abuse is financial. This includes misusing money, property, or assets.

Elder Abuse of older adults happens in relationships of trust. Elder Abusers often have some form of authority or control over the senior. The elder depends on the abuser.Elder abusers are family members, friends, neighbours and care takers. Elder Abusers are often people the senior loves.

Protecting vulnerable elders from abuse is different than protecting children. Competent adults have the legal ability to make their own decisions regarding their well being. They also have the ability to realize the consequences of reporting their caretakers and family abusers. This is an important reason why elder abuse often goes unreported.

Abused elders do not speak up for a number of reasons. They fear more abuse, losing their independence, having to leave their home, and they often feel hopeless and depressed. A lot of times, elders do not even think they are being abused. This causes family arguments and frustrations. For many abused elders, it is often to face the devil you know than the devil you don't.

If you are a elder who is being abused, please contact Steven Peck's Premier Legal toll free at 1-866-999-9085 now to talk to an experienced elder abuse and neglect attorney.

You do not deserve to be abused and you have a right to live without fear in a safe environment.

More than 500,000 older adults are victims of abuse, neglect or financial exploitation each year.

The International Network for the Prevention of Elder Abuse designated June 15 World Elder Abuse Awareness Day. Citizens are asked to wear something purple and listen to the public service announcement "Elder abuse: It's time we talk about it."

Suspect any elder abuse, financial abuse, nursing home abuse and neglect or self-neglect in the State of California please contact Steven Peck's Premier Legal 24 hours a day toll free at 1-866-999-9085 to talk to an experienced elder law attorney..

California State officials have fined two nursing homes in Orange County for providing care so inadequate that it led to the deaths of two patients.

In one case, a woman died from dehydration. In the other, staff failed to provide CPR to a man suffering a heart attack because they mistakenly believed he was under orders not to be resuscitated.

Alamitos West Health Care Center in Los Alamitos was fined $100,000, and state officials levied an $80,000 fine on the Huntington Valley Healthcare Center in Huntington Beach.

At Alamitos West, the California Department of Public Health found that the nursing home failed to give an 82-year-old woman sufficient fluids, causing her to suffer dehydration and acute kidney failure.

On Dec. 19, the woman's condition had deteriorated so much that she was transferred to a hospital, where she was diagnosed with a urinary tract infection, dehydration and an "altered mental status."

The patient died six days later, on Christmas Day.

The woman was admitted to the nursing home in late November. A doctor ordered that the patient's fluid intake and urine output be monitored during every shift.

But a registered dietitian at the nursing home could not prove to state officials that nurses had ensured that the patient was drinking enough fluids every day; in some cases, review of the patient's intake and output of fluids was blank or illegible.

Betsy Hite, a spokeswoman for Alamitos West, said the fine will be appealed. She declined to discuss the incident in detail, but said that the nursing home was "taking this as an opportunity to look at systems and see if there's opportunity for improvement."

At Huntington Valley Healthcare Center, the nursing home's administrator told state officials that on March 2 a registered nurse supervisor did not call 911 as a patient was dying "because she thought the patient had orders" not to be resuscitated. In fact, the patient's medical record included an advance directive form from a family member on which was marked the option, "I DO WANT C.P.R." in an emergency situation.

Nursing personnel who were present at the time of the patient's death were no longer employed by the time state officials investigated.

State officials said that at one point, a licensed vocational nurse called to inform a family member that the patient had died. According to the state, the nurse told the family member that the patient was dead and that paramedics were not called because the facility had orders not to resuscitate the patient.

The family member told the nurse to hang up and call 911.

By the time paramedics arrived, they found the patient in bed with no heartbeat. He was covered with a sheet with no signs that CPR had been initiated.

Curt Rodriguez, administrator for Huntington Valley Healthcare Center, said the facility has not decided whether to appeal the fine.
Contact Steven Peck's Premier Legal to talk to an experienced nursing home neglect and abuse attorney toll free at 1-866-999-9085.

Many many financial scams target the elderly and everyone should know how they can protect themselves and their loved ones.

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

Who are the perpetrators and how do they swindle their victims?People in a trusted position, such as a relative, a caregiver, power of attorney, trustee, or someone posing as a new friend, are often the ones who prey on the elderly.

They pull off their scams by isolating and intimidating their victims, sometimes threatening them with physical violence, or controlling the victim's medication,nutrition and finances.

Be aware of some of the "tools" perpetrators use to defraud their victims, such as lottery scams and internet fraud.

Get a second opinion on investments and don't rush into any financial decisions.

Do not give your personal information, such as your social security number over the phone. Be sure to shred credit card documents and all plastic cards.

If you need help with your finances, decide who is the most responsible, trustworthy person in your life to help you.

Tell everyone what your future plans are for your care. This will make it harder for one individual to manipulate you or your assets.

Be careful of giving someone power of attorney. Get impartial, professional legal advice on all legal transactions.

Check your credit rating and bank account regularly to guard against theft.

Be careful about putting anyone else's name on your home. If you do, make sure there are legal safeguards in place so it can't be sold without your knowledge.

Screen caregivers and check references. Don't hesitate to request that a caregiver have proof of a criminal background check.

In just the past few years, reverse mortgages have turned into a $20 billion-a-year lending juggernaut. Few seniors get through the day without hearing a pitch from salesmen on the phone or from onetime stars like Robert Wagner and James Garner on TV.

Reverse mortgages let seniors take cash out of their home's equity with loans that do not have to be repaid until the borrower dies or permanently leaves the residence.

The loans are federally backed and tax-free.

But they are also dangerous, say consumer advocates. They typically come with double-digit, up-front fees, and the debt grows quickly, the result of compound interest. Reverse mortgages usually carry variable interest rates, too, and can affect eligibility for Medicaid.

They also have become avenues for fraud, sometimes pushed by brokers who convince borrowers to put loan proceeds into high-commission annuities or other investments.

Defenders say reverse mortgages are powerful financial tools that allow cash-strapped seniors to stay in their homes. And it is not hard to find retirees who are happy with their reverse mortgages.

But consumer advocates have started taking aim. Financial regulators and the FBI have all issued warnings about unscrupulous reverse mortgage brokers.

Steven Peck an elder law and financial abuse attorney in California states "Reverse mortgages end up being a financial death sentence."

Reverse mortgages have been around for two decades, but they have gained popularity as members of the so-called Silent Generation -- now in their 70s and 80s -- look to maintain their lifestyles, pay medical bills or take dream vacations.

From 2005 to 2006, the number of reverse mortgages jumped 26 percent, according to the National Reverse Mortgage Lenders Association, a trade group.

In 2007, there were more than 130,000 new loans cut nationwide, many by financial powerhouses like Bank of America or Wells Fargo.

The Southern California region ranks as one of the most active markets in the U.S. (Miami is first.) Analysts expect that the nation's 78 million baby boomers -- the huge cohort born between 1946 and 1964 that now controls roughly $4 trillion in home equity -- could propel the reverse mortgage industry even higher.

New federal rules could be a boon as well. Last year, the U.S. Housing and Economic Recovery Act increased the total amount that could be borrowed under a reverse mortgage to $625,000.

'Financial death sentence'

Reverse mortgages are calculated on actuarial tables, just as insurance policies are. The older the borrower and the more valuable the dwelling, the more money available.

Reverse mortgage ads -- some showing smiling homeowners or brokers holding fistfuls of money -- boast that borrowers can "never" owe more than the value of their home, because only a portion of equity is ever tapped.

Reverse mortgages also are non-recourse, meaning lenders cannot go after other assets, or heirs, in the case of default.

But critics maintain that reverse mortgages are predatory loans because they increase dramatically over time.

"It's a pit of debt," said Peck, "Seniors are going to find that, when they're in their home for a number of years, the debt will be so huge -- just as people found with the subprime adjustable rate mortgages -- they'll have nothing."

With a conventional $200,000 mortgage, after 10 years the balance would be roughly $166,000, Peck said. With a reverse mortgage, over the same period, the principal balance would rise to over $ 300,000.00.

Critics also chafe at the adjustable-rate nature of reverse mortgages, which can send interest rates up over time.

That is what happens to many people, who are into reverse mortgage.Interest rates started out in the single digits, but eventually jumped to over 10.5 percent., eating up all the equity in an elder's home much quikcer then usually represented.

New rules adopted last fall cap the total interest rate increase at 5 percentage points over the life of the loan.

But the biggest criticisms concerning reverse mortgages are the myriad fees attached to them.Loans typically have fees that exceed 10 percent of the reverse mortgage debt.

Reverse mortgage origination fees can be as high as $6,000, Mortgage insurance -- taken out up front and often folded into the loan -- represents another 2 percent fee, plus one half of 1 percent annually thereafter. On a $300,000 loan, that would be another $6,000 initially.

There also is a $420 annual lender servicing charge that is tacked on each year for the life of the loan. Reverse mortgages also typically have fees for appraisal, document preparation, recordation, escrow, title insurance and brokerage, among others.

The loans should be a "last resort" for seniors, because of the expense associated with them, Many seniors also are unaware that reverse mortgages can also affect eligibility for Medicaid, because loan proceeds -- if received in a lump sum -- raise asset bases above allowable limits.

The regulators and law-enforcement agencies that have warned borrowers about reverse mortgages focus on brokers who convince borrowers to invest their loans in deferred annuities, life insurance policies or other high-commission investment products.

Deferred annuities provide steady payouts but often require years before any money is received by an investor. They also typically contain considerable "surrender charges" for withdrawing money before their maturation date. Those kinds of investments are bad choices, analysts say, because they erode the liquidity, the primary benefit of a reverse mortgage.

The new federal rules prohibit annuity sales by reverse mortgage brokers, but some companies dodge the law by using multiple salesmen, one to sell the mortgages and another investments.

But some worry that government backing of reverse mortgages could lead to another banking crisis, because future appreciation will be necessary in many cases to pay off the loans and interest.

Because of the declining housing market, and the inability of many to sell their homes, I think you're going to see a lot of foreclosures involving reverse mortgages. We are going to another real estate breakddown again as we are no seeing going through our economy.

Buyer Beware!! Contact Steven Peck's Premier Legal toll free at 1-866-999-9085 to talk to an experienced elder law and financial abuse attorney

Let's explore the signs of elder abuse and what we can do as good, honest, hard working people to prevent, intervene and cure this horrible epidemic -- namely that of preying on the elderly -- elder abuse.

What is elder abuse?

Elder abuse, simply put, is taking advantage of the elderly. The abuser can be a son, a caregiver or a new friend. Most frequently, the abuser will isolate his victim from family, friends and other outside help. Shhhh, don't tell -- it's a secret, he'll say.

As we all know, people are busy; raising their families, working, and just plain living. If it seems that an elder is doing fine and is not in need of immediate assistance, we let them be. This is the biggest mistake a family member, friend or neighbor can make. We need to be looking for the signs of elder abuse.

Isolation is a common denominator in most abuse cases. We can mitigate a substantial amount of elder abuse just by making sure the elder stays connected to the outside world. Listed below are three main types of elder abuse along with the signs you should look for.

Physical

Physical abuse is the use of physical force which may result in bodily injury, physical pain or some type of impairment. It may also include hitting, shaking, slapping, pinching, burning or kicking. Not using an elder's medicine properly, restraint or any type of physical punishment is also abuse.

Signs of physical abuse may include unexplained injuries such as bruises, broken limbs, welts, cuts, burns or marks. Often, elders will seek medical attention from several offices at different locations so as not to alert the medical staff as to the abuse. Some elders may even rationalize that the abuse is better than living in an institutionalized setting or the unknown.

If you notice fear or apprehension in the presence of the caregiver or a family member or the caregiver themselves will not allow the elder to have visitors alone -- these are the telltale signs of physical abuse. Not all abuse is physical or outright. Some abuse is much more subtle, such as in financial abuse.

Financial

Financial abuse is the improper use of the elder's funds, property or assets. A subtle, but very strong, indicator of the beginnings of financial abuse is when the elder's contribution to the household bills is disproportionately high in comparison to the adult child living in the household.

A second sign is a change in bank account habits or practice. Look for withdrawals of large sums of money by a person accompanying the elder. You may notice a sudden appearance of previously uninvolved relatives claiming their rights to an elder's affairs and possessions. The most hurtful abuse and hardest to prove is emotional abuse.

Emotional

This type of abuse includes intimidation, humiliation and harassment. Other examples include, degrading remarks, treating the elder like an infant, giving the older person the silent treatment, especially if they don't do what the abuser wants and as I said before isolation from their family and from the world.

Additionally, if an adult child was abused as a youngster, sometimes we can see it go full cycle where the adult child now will abuse the parent. Either way, emotional abuse is a daily infliction of anguish, pain and distress through verbal and even nonverbal acts where only the elder victim may know what the act means.

Elder abuse can be avoided and stopped by contacting Steven Peck's Premier Legal toll free at 1-866-999-9085 to talk to an experienced elder abuse and neglect attorney.

If the cost of retirement has you concerned, there is one solution - move to a cheaper part of the country. Unfortunately, those areas are not the coastal, mountainous regions many love to retreat to in retirement. If you do move there, you'll face the highest costs in nursing homes, according to a recent survey by Genworth Financial.

The provider of long-term care insurance found the nationwide annual cost for a private nursing home room to be $74,208, or $203 a day, a rise of 4 percent annually since 2005. With that cost rising more than inflation over the same period, by almost double, retirees may want to reconsider where they relocate in retirement.

If you still want to go to a higher costing area of the country, then appropriate planning must take place to afford it. That planning can be through retirement savings or a long-term care policy that will have enough benefits to cover the average for the city you will live in. And on the other side, if you are planning to retire in a lower cost area, take time to plan to make sure you're not paying for more coverage per day than you need.

You may not think this is important now, but two out of three people will need assisted care in old age, research has found.

Among those areas with the highest care costs, New England states are near the top along with California, Oregon and Washington. States not touching the coast that are among the highest are Wisconsin and Vermont. So if you like the beach, the lowest cost options are South Carolina, Georgia, Alabama, Louisiana and Texas.

If you like the mountains, head for Wyoming or Utah for low costs.

For lowest cost overall, Louisiana is tops, averaging $139 a day. Hawaii is most expensive at $375 a day followed by Connecticut at $346. Midwestern states have some of the lowest costs and the most options of places to choose from, the survey of care facilities found.

You can find costs by state and city at www.genworth.com/costofcare.

Once you know how much it could cost you depending on where you choose to live in retirement, you can take appropriate steps to plan for the potential cost through savings or insurance. Knowing that the costs are rising faster than inflation, it makes it important that part of your savings is in investments that can outpace inflation.

Should you have a nursing home issues regarding abuse and / or neglect and need to talk to an experienced attorney contact Steven Peck's Premier Legal toll free at 1-866-999-9085.

Abuse takes many forms: emotional, financial exploitation, physical, sexual, neglect, and self-neglect. Unfortunately, only 20 percent or less of all elder abuse and neglect cases are reported nationally. Elders can be abused in their home or in institutions such as hospitals, nursing homes or other long- term care facilities. Victims are often hidden behind closed doors, with little hope of assistance or recognition.

As citizens, we are required by California Law to report any knowledge or reasonable cause to suspect abuse, neglect, and/or exploitation of a vulnerable adult.

June 15 is World Elder Abuse Awareness Day. The goal of the day is to recognize elder abuse as a public health and human rights issue and to raise awareness to ultimately put an end to the abuse and neglect of older adults. This annual observance of World Elder Abuse Awareness Day is sponsored by the International Network for the Prevention of Elder Abuse (INPEA). Show your support by hosting World Elder Abuse Awareness Day activities such as educational programs, community proclamations and other cultural events. The color for the day is purple and the theme for the day is "My World...Your World...Our World-Free of Elder Abuse."

So on June 15, show the world you care about ending elder abuse and neglect by wearing something purple and taking a stand against elder abuse.

Remember to report suspected cases of elder abuse and immediately contact Steven Peck's Premier legal toll free at 1-866-999-9085 to talk to an experienced elder abuse and neglect attorney. By doing so, you can save someone's life.

State cuts to a federally-mandated program that protects the rights of the elderly have left advocates pleading for volunteers to help keep an eye on nearly 5,000 nursing homes and assisted living facilities in the State of California

Elimination of more than $3.8 million from California's long-term care ombudsman program has forced almost all the state's 35 offices statewide to lay off employees and look for grants and local funding..The need now is especially critical. for volunteers.

So far, according to reports, all the State of California's long-term care ombudsman programs have come up with money to keep them going,

A 1978 federal law requires each state to establish a long-term care ombudsman program.

More than 120 part-time and full-time ombudsmen and an estimated 1,000 volunteers investigate and resolve complaints made on behalf of patients in long-term care facilities. Complaints range in severity from poor food, physical abuse, neglect and financial exploitation.

.Elimination of state funding has reduced the ombudsmen office to just about half the funding they had just recently received although and federal lawmakers are considering legislation that would increase program funding.

But as program money evaporates, the poor economy has increased everyones workload, The number of financial abuse cases involving the elderly has gone off the maps,

State law requires those cases to be reported to district attorney's offices, which requires short-staffed long-term care ombudsman programs to submit more paperwork, .
Contact Steven Peck's Premier Legal toll free at 1-866-999-9085 to talk to an experienced elder abuse and neglect attorney.

Nearly 1000 people from California, Illinois, Alabama, Ohio, Massachusetts, and beyond have sent a clear signal to Washington, DC that the Elder Justice Act must be enacted now! Join them by signing the Call To Action: Elder Justice Act online petition! It's fast and easy, and you can sign anonymously.

Together, let's get the The Elder Justice Act passed, and help protect our treasured older citizens from harm and exploitation. Forward this email to your friends and colleagues across the nation to sign the petition, encouraging Representatives from every state to make their voices heard in Congress.

What can you do? Plan an event. Raise your voice. Tell your friends and when you need an elder abuse and neglect attorney contact Steven Peck's Premier Legal toll free at 1-866-999-9085.

On March 26, 2009, Elder Financial Protection Network (EFPN) hosted the 5th Annual Call to Action. The day-long conference, luncheon and awards ceremony brought together professionals to express a deep, collective determination to end the growing crime of elder financial abuse. Over 200 participants signed the Call to Action 2009 Proclamation.

EFPN is issuing another Call to Action. We are working to rally supporters, old and new, to send a message to Washington, DC, that the Elder Justice Act must be enacted NOW! EFPN has named the project Call to Action: Elder Justice Act (EJA), a national campaign using various online campaign tools to collect signatures from supporters all over the country to add to this Proclamation.

The Elder Justice Act:

Would provide federal resources to support State and community efforts on the front lines dedicated to fighting elder abuse with scarce resources and fragmented systems.
Assuring adequate public-private infrastructure and resources to prevent, detect, treat, understand, intervene in and, where appropriate, prosecute elder abuse, neglect,and exploitation.

With Social Security there only income, most elders can barely make ends meet. Meanwhile, many elders lost a huge chunk of their retirement when the stock market tanked.
As the recession lingers, county and social service providers say more senior citizens are seeking help for food and shelter. In addition, more say they are falling prey to financial scams and other elder abuse.
Still others are struggling with the ongoing impacts of the housing foreclosure crisis and the stock market slump, which wiped out retirement nest eggs, requiring them to rely heavily on limited Social Security checks.
Escalating the problems are possible California state budget cuts that could gut programs that investigate elder abuse, and help the elderly stay healthy and remain in their homes.

Many seniors probably will not live long enough to recoup what they lost in the recent stock market dip, People work their whole lives and build up nest eggs to retire and this economy has just fooled everybody. People have lost homes and not gotten a good rate of return on (investments). They are struggling out there to make ends meet,

The largest concern is that more seniors will become completely dependent on Social Security which is usually not enough to live on. The federal Social Security program itself is hitting hard times with costs expected to exceed revenues by 2016.

Many of today's seniors are old enough to have already survived the Great Depression of the 1930s when economic hardship was a way of life. Now they find themselves saving and scrimping again.The biggest impact to seniors is in their income.

The recent economic downturn impacts all Americans, but older adults are particularly vulnerable,People deserve to live and die with dignity The biggest fear is that seniors will need to make choices between food, housing and medical care.
As housing and other costs rise, waiting lists for the elderly seeking Section 8 subsidized housing in California have also soared, Seniors have an advantage over younger people because they can get Social Security and usually can find a board and care home to live in. Most local shelters cite financial elder abuse behind senior homelessness, Others say seniors are in the street because they were in buildings that went into foreclosure.
The economy is getting to people.Other seniors are falling prey to financial scams perpetuated by their own family members or by unscrupulous companies.Seniors for the first time in their lives are making risky decisions.
Elder abuse cases, particularly financial scams, are under-reported crimes -- just one in 20 ever reach authorities,State budget cuts will cause further risk to seniors and cut down on the ability to investigate and prosecute offenders.
Contact Steven Peck's Premier Legal to talk to an experienced elder abuse and neglect attorney toll free at 1-866-999-9085.