California Elder Law Attorney Blog

The U.S. Securities and Exchange Commission said it halted a $50 million Ponzi scheme near Detroit that raised money for a real-estate investment fund and targeted the elderly.

A federal judge in Michigan agreed to freeze assets after the SEC sued John Bravata, 41, and Richard Trabulsy, 26, claiming they lured more than 400 investors by promising 8 percent to 12 percent annual returns, the agency said today in a statement. Of $50 million raised since May 2006, less than $20.7 million was spent on real estate, the SEC said.

"Investors thought they were investing in a safe and profitable real-estate investment fund, but instead their money was being used to pay for luxury homes, exotic vacations and gambling debts," said Merri Jo Gillette, director of the SEC's regional office in Chicago.

The men "lied" to prospective investors about the use of funds and spent $7.2 million buying a $85,000 Maserati, a $90,000 Ferrari, and paying about $80,000 on jewelry and almost $1 million on the mortgage for a vacation house, the SEC said. Trabulsy and Bravata made $11.3 million in Ponzi payments to earlier investors, the SEC said.

BBC Equities' real-estate investments were highly leveraged, with mortgages and other liabilities exceeding $128 million, the SEC said. To avoid a collapse of the scheme, the defendants continued to solicit investors and held weekly "free lunch" seminars for wealthy senior citizens, the SEC said.

IRA Conversions

The defendants allegedly lured investors by saying the fund offered "safer returns" for individual retirement accounts. More than half the proceeds raised by BBC Equities were conversions from investors' IRAs, the regulator said.

The SEC lawsuit also named the defendants' Southfield, Michigan-based companies, BBC Equities LLC and Bravata Financial Group Inc., as well as Antonio Bravata, 21, who allegedly assisted in the scheme.

Telephone calls to George Donnini, Justin Klimko and Joseph Richotte, lawyers representing the defendants at Butzel Long in Detroit, weren't returned. BBC Equities and Bravata Financial were preparing a response to the SEC actions, said a person answering the telephone at the company's office.

Contact Steven Peck's Premier Legal should you suspect an elder loved you know is the victim of financial elder abuse toll free at 1-866-999-9085 to talk to an experienced financial elder abuse attorney.

We often smile at the adorable old ladies and men we see each time we visit our favorite local pharmacy, feeling compassion for the aches and pains they gracefully endure with advancing age. On the outside, all seems peaceful. The view from the inside, however, reveals a much darker picture.

The most recent local data collected, analyzed and published by the Palm Desert-based health research organization HARC (Health Assessment Resource Center), provides an eye-opening look at a vastly underreported crime in our communities: elder abuse.

One out of six cases reported. Human and social services agencies nationwide have long wrestled with the challenges of this hidden nightmare. It is well known that, largely because of shame and embarrassment, only about one in six cases of elder abuse in the U.S. are ever reported to authorities. But HARC took an approach designed to more accurately determine the actual number of incidents in the Coachella Valley, whether reported or not, by anonymously asking the seniors themselves and assuring them of confidentiality.

Through a sweeping telephone survey across our region, HARC found that approximately 2.6 percent of the respondents in the Coachella Valley 65 or older -- an estimated 4,140 seniors -- reported being either physically or mentally mistreated or neglected within the previous 12 months. Another 5.1 percent of senior respondents, or roughly 8,025 of the Valley's elderly, told HARC that someone -- such as a merchant, neighbor or family member -- had taken advantage of them financially within the previous year.

More than 10,600 abusedAccounting for those who reported being abused in multiple ways, HARC estimates that together, more than 10,600 of our elderly neighbors and loved ones were abused in the last year.

It gets worse.

Of the valley's senior respondents who live alone, approximately one in eight (12.7 percent) told HARC they had been abused by a trusted caregiver or another person within the previous 12 months. Consider that roughly one-third of the valley's residents 65 and older live alone, putting them at great risk.

Similarly, the risk of abuse was higher among those 65 and above who are dependent upon others to help them with daily care, and among the oldest of our seniors, that is, those 75 or older. Latino elderly are much less likely to be abused than white seniors.

The National Center on Elder Abuse reports that in almost 90 percent of incidents with a known perpetrator, the abuser is a family member and two-thirds of them are adult children or spouses. As "community sentinels," we can keep an eye out for our vulnerable loved ones, friends, and neighbors.

Each of us needs to speak up if we have concerns, even if we are not sure.

If one has a sense of immediate danger, calling 911 is always appropriate. If one is less sure, call the Steven Peck's Premier Legal toll free at (866) 999-9085 and simply state your concerns to an experienced elder abuse attorney.

Tustin Care Center has been fined $50,000 by state health officials in the choking death of a nursing home resident.

The unidentified man died in March after choking on his lunch, according to an inspection report from the California Department of Public Health. The report says staff noticed the man had been growing weaker, but the facility still allowed him to eat regular meals on his own.

On the day of his death, the report says the man was eating soup with rice when he called for his wife, who was also a patient. The man struggled to breathe, and a nurse started the Heimlich maneuver but could not dislodge the food.

The man died later that day in a hospital. An autopsy found food completely blocking his trachea. The state report concludes that the nursing home failed to assess his ability to eat, which was a direct cause of his death.

In a call on Tuesday July 28, 2009, to the nursing home, staff said the administrator was out for the day and no one else could comment.

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

A Simi Valley man was arrested Friday on suspicion of elderly financial abuse after police said he stole more than $100,000 from his mother who suffers from dementia.

Thomas Pinneri, 54, had taken out a reverse mortgage on his mother's home and cashed her Social Security and pension checks for more than a year, according to Simi Valley Police Department Lt. Greg Riegert.

Pinneri has been living in Dorothea Pinneri's home since she moved to a long-term care facility about 18 months ago, Riegert said.

Pinneri used his 77-year-old mother's money to fund an expensive drug habit and gambling trips to Las Vegas, Riegert said.

More than once, Pinneri pushed his mother in her wheelchair from her long-term care facility to a Chase bank across the street where he cashed checks for large sums of money, Riegert said. One was for more than $45,000.

Bank officials became suspicious after a series of large checks were cashed with a full signature of Dorothea Pinneri, even though the woman was unable to fully write her own name, Riegert said.

Police began investigating the case and were called to the bank on Friday when Pinneri had wheeled in his mother again. He was arrested at the bank.

Riegert said the son did not have power of attorney for his mother and noted there might be more charges added as investigators pore over stacks of financial records.
Should you or a loved one suspect financial abuse immediately contact Steven Peck's Premier legal toll free at 1-866-999-9085 to talk to an experienced elder abuse attorney,

The California State Senate has approved Assembly Bill 392 (Feuer) with strong bipartisan support on a vote of 33-3. AB 392 would immediately provide $1.6 million for local Long-Term Care Ombudsman programs over the next year, ensuring protection from abuse and neglect for California´s vulnerable and elderly residents of nursing care and assisted living facilities.

"We need to take every step we can to protect seniors who may be at serious risk of abuse or exploitation," said Assembly member Mike Feuer (D-Los Angeles). "The funds provided to Ombudsman programs in AB 392 fill this important need during the next year. Isolated and vulnerable residents of nursing homes and assisted living facilities have nowhere else to turn, and their lives depend upon these programs being restored immediately."

Last year, Governor Schwarzenegger vetoed $3.8 million in funding for local Ombudsman programs, representing about half their funding. As a result of the cuts, the programs have been forced to lay off staff and drastically reduce services, compromising their abilities to investigate complaints and monitor facilities. Since these cuts have taken effect, residents have suffered the dire consequences of unchecked poor treatment.

In late June 2009, a Northern California facility owner and one care giver were arrested on suspicion of criminal abuse and neglect of a resident whose untreated pressure sores were so severe that they resulted in fatal sepsis. After the arrest, the two suspects posted bail and continued to collect payment to provide care for the six other facility residents. Unfortunately, without the funds provided by AB 392, the local Ombudsman cannot investigate how well the remaining patients are being cared for.

Local Ombudsman programs conduct frequent unannounced monitor visits to facilities, and they provide timely response to reports of suspected abuse and neglect. They investigate thousands of abuse cases each year. Without the scrutiny of the Ombudsman programs, the facilities are reviewed just once a year (or less) by government agency inspectors. Because no other program duplicates this critical advocacy service, the passage of AB 392 is especially important for residents´ quality of life and quality of care.
Contact Steven Peck's Premier Legal toll free at 1-866-999-9085 to talk to an experienced elder abuse and neglect attorney.

Fraud is bad enough, but when you have family members or caregivers who are financially abusing their elderly relatives or patients, that's downright despicable.

And yet, in most of the cases of elder financial abuse, the perpetrators are not strangers. Family, friends, neighbors and caregivers are the culprits in 55 percent of the cases, according to a report, "Broken Trust: Elders, Family, and Finances," released by the MetLife Mature Market Institute. The report was produced in conjunction with the National Committee for the Prevention of Elder Abuse and Virginia Tech University.

Law enforcement and securities officials say the recession is pushing more people to steal from well-off seniors.

"Elder financial abuse is becoming the crime of the 21st century as the growing senior population is increasingly targeted," says Steven Peck an elder law attorney with Premier Legal headquartered in Van Nuys, California.

The annual financial loss by victims of elder financial abuse is estimated to be at least $2.6 billion, according to the report. The average victim of elder abuse is a woman older than 75 who lives alone.

It's not surprising that the more health issues seniors have, the more likely they will be victimized.

A nursing assistant from the state of Washington was charged with stealing more than $770,000 from the elderly woman she was caring for.

In a Florida case, a man called authorities to report his 80-year-old mother's hairdresser had stolen her checks. The stylist was accused of taking $25,000 from the woman's checking account. But get this: During the investigation, police charged the victim's 52-year-old son -- who first alerted police -- with fraudulently cashing $6,900 in checks from his mentally incompetent mother.

Following are some red-flag warnings that the North American Securities Administrators Association (NASAA) will be providing to adult protective services workers to help them spot and stop potential elder financial abuse:

Is the senior receiving information about or being asked to invest in unregistered securities or startup companies?

Is the investment high-risk or possibly speculative, such as oil and gas exploration, new or untested technologies, or rare metals, or does it involve currency trading?

Has the senior been asked to sign blank paperwork or give discretionary authority over her accounts to an adviser?

Is the senior saying his investment adviser won't give him his account statements or documentation?

Has the senior made out a check directly to the adviser or broker for the purchase of an investment?

There's information on NASAA's Web site that will assist you in helping seniors avoid these problems. Go to www.nasaa.org and search for "Senior Investor Resource Center." To report elder abuse, you can contact Steven Peck's Premier Legal toll free at 1-866-999-9085 or on the world wide web at www.premierlegal.org to talk to an experienced elder law and abuse attorney.

A live-in caregiver arrested in connection with the heat-related death of a 90-year-old man and the hospitalization of his wife in eastern Contra Costa County has been released, authorities said today.

Laarni Dime, 57, was arrested on suspicion of elder abuse after she failed to turn on the air conditioner in the Discovery Bay home of George Brim.

Brim was found dead in his bedroom and his 85-year-old wife was suffering from heat-related injuries at about 11:15 p.m. on Saturday July 18, 2009, Lee said. The high in Discovery Bay that day topped 100 degrees.

Dime was released late Monday while the investigation continues.

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

The number of elderly people in the world will exceed the number of children under 5 within 10 years, placing greater demands on a shrinking number of young caregivers and taxing social insurance programs, according to a report by the U.S. Census Bureau.

The number of people older than 65 will double to 14 percent from 7 percent of the world's population in the next 30 years, rising to 1.4 billion by 2040 from about 506 million in the middle of last year, said the report, "An Aging World: 2008," commissioned by the U.S. National Institute on Aging.

The most rapid rise in the elderly population is taking place in developing countries, where the increase in the number of people 65 and older is more than double the rate in developed nations. Last year, 313 million, or 62 percent, of the world's elderly lived in developing countries, a number that is projected to rise to more than 1 billion, 76 percent of the world's 65-and-over population, the report said.

"Low fertility rates, extended life expectancy and better health conditions and care" are the driving forces of a global trend, said Wan He, a Census Bureau demographer and co-author of the report. The problem for developing countries is they have far fewer resources, she said.

Caretaking Challenge

"The challenges are similar in both developed and developing countries in the sense that with an aging society, caretaking will be a serious challenge for the society and the family," He said in a telephone interview today. "Who will contribute to social insurance? And, in the family there will be fewer and fewer children available to take care of the older parents."

Drugmakers including New York-based Pfizer Inc. may benefit from an aging population, said Thomas Lee, chief U.S. equity strategist at JPMorgan Chase & Co. in New York. Other beneficiaries may include Houston-based Service Corp. International, the biggest U.S. funeral-home and cemetery owner, and Sunrise Senior Living Inc., based in McLean, Virginia, which runs retirement communities, he said.

"It's going to be very good for businesses that benefit from death," Lee said. "A rising percentage of elderly is going to increase demand for health care because so much health care service is done near the end of life."

Business at banks and asset managers may also improve, Lee said.

"At least in developed markets, the elderly population tends to have more wealth," he said. A higher average age is "probably good for financials because it does mean higher savings."

Compounding Troubles

Changes in family structure and social organization will compound the problem of caring for the elderly in developing countries, said Margaret Wallhagen, director of the John A. Hartford Center of Geriatric Nursing Excellence at the University of California, San Francisco.

"The extended family has been an extremely important part of maintaining the elderly in their homes," Wallhagen said today in a telephone interview. "Because of the constraints and crises these countries have faced, extended family members have moved away, leaving the elderly more on their own."

In African countries that have been hit hard by the AIDS epidemic, deaths from the condition have been centered among young and middle-aged people, accelerating the aging of the population, He said.

Impact of AIDS

"The older people are still living but the middle-aged and younger population have died of HIV-AIDS," she said.

The proportion of the elderly in the overall population is accelerating rapidly among some newly developing countries, the report found.

"It took France more than 100 years to go from 7 percent to 14 percent," He said. South Korea and Singapore will accomplish that doubling in 19 years or less by sometime in the next decade, she said.

"They will experience this doubling in the shortest time in human history," He said.

While the world's two most populous countries, China and India, are lagging behind many other developing countries in the rate at which their elderly population grows, they are moving in the same direction, He said.

"China and India, the two population billionaires, are not as old as other developed countries but they have huge numbers of older people and within a single generation they are going to age rapidly," she said.
Contact Steven Peck's Premier Legal toll free at 1-866-999-9085 and at www.premierlegal.org to talk to an experienced elder law attorney.

Physical, mental and sexual abuse are certainly forms of abuse encountered by nursing home residents across the country. Remember, you know your loved one better than anyone else. If you suspect mistreatment or elder abuse immediately report the situation to local police and/or ombudsmen. The reality is that most episodes of elder abuse go unreported.

The following situations certainly warrant further investigation:

Unexplained bruises, cuts, burns, sprains, or fractures. Bed sores. Frozen joints. Unexplained venereal disease or genital infections, vaginal or anal bleeding. Bloody clothing. Sudden changes in behavior. Staff refusing to allow visitors to see resident or delays in allowing visitors to see resident. Staff not allowing resident to be alone with visitor. Resident being kept in an over-medicated state. Loss of resident's possessions.
Sudden large withdrawals from bank accounts or changes in banking practices.
Sudden loss of appetite.

Q. Are bedsores an unavoidable part of living in a nursing home?

A. No! Bedsores, also called pressure sores or decubitus ulcers, are preventable -- with proper screening, early detection, and staff involvement. Bedsores are a widespread problem in nursing homes and hospitals. The development of bedsores in nursing home patients is really a reflection of poor nursing care than an inevitable part of of the aging process.

Bedsores likely will develop if the nursing home and its staff do not make bedsore prevention a top priority. Nursing homes must do a thorough assessment of residents on admission and on a regular basis during their stay. Following the assessment, the nursing home should develop a comprehensive care plan that specifies what precautionary measures should be in place.

The nursing home plan should include considerations to monitor each resident's hydration, nutrition, and hygiene. Early signs of bedsores should be identified by the nursing home staff and treatments should implemented. Unattended, bedsores can quickly become infected leading to sepsis, limb amputation and even death.

As part of nursing home's system of bedsore prevention, nursing home residents (particularly the bed-bound) should be repositioned every two hours and ensuring proper hygiene. Pressure relieving mattresses should be implemented as a preventative measure. While bedsore prevention plans are great in theory, the most important part of bedsore prevention and treatment ultimately relies on the skill and dedication of the staff. Do not let a nursing home or hospital tell you your loved one's bedsore was unpreventable!

Q: What should relatives do if they suspect their loved one in a nursing home has been abused?

A: Contact police, because police are the ones qualified to do criminal investigation. Listen closely to what loved ones say. Look for physical signs.Counseling should take place if needed. One of the worst things to do is to pretend nothing happened.

Q. What should families do to prove mistreatment?

A.When you become aware of mistreatment ... it is important to get your loved one the medical treatment they need and then get into "fact-collection mode." ... Collect information about the incident, acts of the nursing home staff and medical condition of your loved one.

Don"t assume you will remember all facts regarding the incident. As time goes on, your memory will begin to fade.The following information will prove to be valuable:
Photographs of the physical injuries themselves, the area where the incident took place and if possible, the people involved.
Write down as much information about the incident or events as you can remember. Write some more. Details can be particularly helpful ... Concentrate on: names, dates, room numbers, names of facilities and medication dosages (if relevant).
The medical chart from a nursing home and / or hospital is crucial to determining what a facility may have done or failed to do that resulted in injury or death.
Chronology: It is important get the correct names and general dates of admission at health-care facilities. The names of doctors who provided medical can be helpful as well.
Other Relevant documents: Health-care power of attorney, wills, death certificates, preinjury photographs, autopsy reports and nursing home inspection reports all can be helpful.
Q. Who regulates nursing homes?

A. In most states, nursing homes are regulated by a combination of state (Department of Health) and federal authorities (U.S. Department of Health and Human Services Centers for Medicare and Medicaid Services). Each agency has its own regulations that control all aspects of the nursing home including: resident care, staffing, policies and procedures and medical equipment.

Because nursing homes are responsible for complying with state and federal regulations, agents from either agency conduct inspections of the facility to assure compliance with the regulations. These inspections are called 'surveys' and are generally done unannounced at least one time per year. Surveys may be conducted more frequently at facilities with a history of prior violations or in response to a complaint regarding resident care.

After each survey a report is completed regarding the facilities compliance with applicable regulations. If the findings do not immediately threaten patient safety, nursing home administrators will have an opportunity to review the survey findings and propose a 'plan of correction'. If however, surveyors find conditions that pose a threat to patient safety, they have the ability to impose a variety of penalties including: fines, appointed facility supervisors, suspension of new resident admissions or license suspension.
Steven Peck, an experienced California nursing home abuse and neglect attorney, may be contacted toll free at 1-866-999-9085 and at www.premierlegal.org

The caretaker, although a live-in, couldn't always be found in the middle of the night for emergencies. Expensive jewelry, collected over a lifetime, went missing.

The abuse was apparent, but without a power of attorney over her elderly parents' health care or executive power over the family trust, most people are completely helpless to do anything. This kind of story is sadly not unique at all, say California elder law and abuse attorney Steven C. Peck of Premier Legal.

Peck says "Roughly, 200,000 California seniors are victims of elder abuse each year."
and, "with the population graying, we should be very very concerned that the problem will only worsen.", dependency and vulnerability on somebody for basically your day-to-day needs creates an imbalance in equity and power."

In many cases, it is a long-term caregiver who took advantage of the elderly individual.

In a recent case a caregiver had taken more than $187,000 from the elder, repeatedly pawning jewelry and writing forged checks, she had been a elderly couple's caretaker for about seven years. In most instances, such as this, it would have never have been realized that the elderly could be so easily conned. In this instance the elders children really thought this person cared for them while she, the perpretator, only saw them as a target.

"Over the past five year period, the number of abuse cases in California has increased 18 percent." Peck explains, furthermore "abuse at the hands of family and caretakers, are the most rampant forms of abuse.

"Generally, we find it's somebody that's close to the senior that can do the most damage, either a family member or a caregiver," says Peck

Abuse ranges from confidence scams -- in which a family member or caretaker incrementally takes advantage of a senior -- to telemarketing schemes that prey on the elderly, talking them into purchasing items they do not need.

"Financial abuse now in the current economy is not only likely to be more prevalent, it's also going to be more damaging as well,"

The National Center on Elder Abuse in Newark, Del., estimates that more than 1 million seniors suffer abuse or neglect each year.

Consumers are bilked of nearly $40 million every year in telemarketing scams, according to the U.S. Department of Justice. Seniors account for more than half of those scams.

Seniors who live alone or do not have family and friends checking in on them are at the greatest risk of becoming abused.

"It's the isolated elder who becomes the victim because there is no one else keeping an eye on them," "The number one thing is isolation. The victim in almost every case is isolated."
Check in on the elder frequently. Watch what is going on. Report to the police if you see something that you believe is wrong. Go with your gut.
Steven Peck is an experienced california elder law and abuse attorney who can be contacted toll free at 1-866-999-9085 or at www.premierlegal.org

Older adults may face a higher risk of getting treated improperly. They may be frail and unable to stand up for themselves. Some don't think as clearly as they used to. Or they may depend on others to manage their bills.

All these things can open the door for people to take advantage of seniors. This could include physical abuse, emotional mistreatment, neglect or financial scams. Sometimes it is the result of a caregiver facing extra stress, but this is still not a reason to abuse you.

If you are a senior, don't let yourself be a target. Protect yourself from being abused in these ways:

1. Don't let yourself become isolated. Abusers know they can avoid getting caught if you have little contact with others. So, stay connected with people who are concerned about you. If you need to, find a well-respected organization that sends volunteers to visit the elderly.

2. Know the warning signs of abuse. Have there been large withdrawals from your bank account? Are physical restraints being used on you? Are you being fed properly? Talk to a doctor, nurse, friend, relative or hotline if you think you are being abused. Call your ombudsman if you live in a facility.

3. See a doctor regularly. Health care providers may notice signs of abuse and get you help. It's important that you answer the doctor's questions honestly. There is no reason to feel shame or to deny someone else's bad behavior.

4. Beware of troubled relatives or friends. People with histories of substance abuse, mental illness or violence are more likely to be abusers. Insist that the person get treatment or stay away from you. Note that abusers are most often relatives, caregivers or others who are close to you.

5. Get your financial and legal affairs in order, and in writing. Prepare a Living Will and give someone Power of Attorney, or appoint a guardian. This is someone you trust to make medical and financial decisions for you if you ever become unable to do so. Have someone else you trust review any legal documents before you sign them.

6. Protect your assets.

Monitor your credit card and bank statements to make sure no one else is stealing or misusing your money.

Arrange for direct deposits of income or automatic bill payments. This is safer than creating a joint bank account if you need help with bills.

Be wary of scams that target the elderly. Seek advice from someone you respect before you part with cash or give out your credit card, social security or bank account numbers.

Limit access of others to your affairs. Send and open your own mail if you can, and have your own phone.

Keep valuables in a safe place when others are in your home.
7. Choose an outside caregiver carefully.

Try to hire a caregiver through a trustworthy agency. A case manager should oversee your services and assess your care regularly.

If you hire someone on your own, check his or her references and do a background check.

If you are unhappy with your care, speak up. It is your right as the client.

Encourage people to stop by. Having unannounced visitors is a great way to check up on a caregiver. The visitor can advocate for you if there is a problem.
Make your personal safety a priority as you age. That means talking to a lawyer now if you don't have a Will or Power of Attorney. Contact Steven Peck's Premier Legal toll free at 1-866-999-9085 to talk to an experienced elder law and abuse attorney.

STOP thinking for a moment about deep recession, trillion-dollar rescue packages and mounting job losses. Instead, contemplate the prospect of slow growth and low productivity, rising public spending and labour shortages. These are the problems of ageing populations, and if they sound comparatively mild, think again. When the IMF earlier this month calculated the impact of the recent financial crisis, it found that the costs will indeed be huge: the fiscal balances of the G20 advanced countries are likely to deteriorate by eight percentage points of GDP in 2008-09. But the IMF also noted that in the longer term these costs will be dwarfed by age-related spending. Looking ahead to the period between now and 2050, it predicted that "for advanced countries, the fiscal burden of the crisis [will be] about 10% of the ageing-related costs" The other 90% will be extra spending on pensions, health and long-term care.

The rich world's population is ageing fast, and the poor world is only a few decades behind. According to the UN's latest biennial population forecast, the median age for all countries is due to rise from 29 now to 38 by 2050. At present just under 11% of the world's 6.9 billion people are over 60. Taking the UN's central forecast, by 2050 that share will have risen to 22% (of a population of over 9 billion), and in the developed countries to 33% (see chart 2). To put it another way, in the rich world one person in three will be a pensioner; nearly one in ten will be over 80.

This is a slow-moving but relentless development that in time will have vast economic, social and political consequences. As yet, only a few countries with already-old populations are starting to notice the effects. But labour forces are now beginning to shrink and numbers of pensioners are starting to rise. By about 2020 ageing will be plain for all to see. And there is no escape: barring huge natural or man-made disasters, demographic changes are much more certain than other long-term predictions (for example, of climate change). Every one of the 2 billion people who will be over 60 in 2050 has already been born.

The reasons why
What is making the world so much older? There are two long-term causes and a temporary blip that will continue to show up in the figures for the next few decades. The first of the big causes is that people everywhere are living far longer than they used to. This trend started with the industrial revolution and has been slowly gathering pace. In 1900 average life expectancy at birth for the world as a whole was only around 30 years, and in rich countries under 50. The figures now are 67 and 78 respectively, and still rising. For all the talk about the coming old-age crisis, that is surely something to be grateful for--especially since older people these days also seem to remain healthy, fit and active for much longer.

A second, and bigger, cause of the ageing of societies is that people everywhere are having far fewer children, so the younger age groups are much too small to counterbalance the growing number of older people. This trend emerged later than the one for longer lives, first in developed countries and now in poor countries too. In the early 1970s women across the world were still, on average, having 4.3 children each. The current global average is 2.6, and in rich countries only 1.6. The UN predicts that by 2050 the global figure will have dropped to just two, so by mid-century the world's population will begin to level out. The numbers in some developed countries have already started shrinking. Depending on your point of view, that may or may not be a good thing, but, as this special report will argue, it will certainly turn the world into a different place.

The temporary blip that has magnified the effects of lower fertility and greater longevity is the baby-boom that arrived in most rich countries after the second world war. The timing varied slightly from place to place, but in America--where the effect was strongest--it covered roughly the 20 years from 1945, a period when nearly 80m Americans were born. The first of them are now coming up to retirement. For the next 20 years those baby-boomers will be swelling the ranks of pensioners, which will lead to a rapid drop in the working population all over the rich world.

As always, the averages mask considerable diversity. In the richer parts of Asia the populations of Japan, South Korea and Taiwan are already old and will rapidly get even older. Europe is split several ways: Germany, Italy and Spain, for instance, now have tiny families and are therefore ageing fast, whereas France, Britain and most of the Nordic countries have more children to keep them younger. In eastern Europe, and particularly in Russia, birth rates are low and life expectancy has also taken a knock. America, thanks to a resilient birth rate and high immigration, will still be fairly youthful by mid-century.

Most developing countries do not have to worry about ageing--yet. Although birth rates have dropped, populations are still young and will remain so for a few decades yet, even though HIV/AIDS has killed off many active adults. But in the longer term the same factors as in the rich world--fewer births, longer lives--will cause poorer countries to age too. And even before that happens, the absolute numbers of older people there will swell alarmingly, simply because these countries are so populous. They already have 490m over-60s, and that total is due to more than triple by 2050. Since most poor countries have little or nothing in the way of a state-funded welfare net, those numbers will be hard to manage.

Alone among developing countries, China is already ageing fast. This is mainly because for the past 30 years it has been keeping a tight lid on population growth. This did not quite amount to a "one-child policy", as it is often called (the average number of children per woman was closer to two), but it was highly effective in stabilising numbers. The population will peak at about 1.46 billion in 2030 and then decline gently. Although China has seen stupendous economic growth in recent years, it is still some way off being rich, so it will have trouble absorbing the cost of this rapid ageing. This special report will take a closer look at what it is doing about the problem, but will otherwise confine itself mainly to the developed world.

Fewer hands make heavy work
Macroeconomic theory suggests that the economies of ageing populations are likely to grow more slowly than those of younger ones. As more people retire, and fewer younger ones take their place, the labour force will shrink, so output growth will drop unless productivity increases faster. Since the remaining workers will be older, they may actually be less productive.

In most rich countries the ratio of people of working age to those of retirement age will deteriorate dramatically over the next few decades. In Japan, for instance, which currently has about three workers to every pensioner--already one of the lowest ratios anywhere--the number will halve by 2050. True, there will be fewer young people to maintain, but children cost less than old people and the overall burden will be much heavier than it is now. The OECD has estimated that over the next three decades the age-related decline in the labour force could cut growth in its member countries by a third compared with the previous three decades.

Ageing will affect financial markets too. According to Franco Modigliani's and Richard Brumberg's life-cycle theory of savings, put forward in the early 1950s, people try to smooth out their consumption over the course of their lives, spending more in their youth and old age and saving more in their middle years; so as populations age, savings in the economy as a whole will be run down and assets sold off. This has led to fears of an "asset meltdown" as everyone sells at the same time. But a number of academic studies have so far failed to find much evidence of this. Older people in America, for instance, do save less than those in their middle years, but as a group not much less.

James Poterba, an economics professor at MIT, says America has three kinds of retirement households: the least well-off, perhaps a quarter of the total, who will maintain something close to their previous standard of living on Social Security and Medicare, even with few savings; the richest 10-15%, who hold significant assets and may not need to draw them down; and the large majority in between, who will have to rely on their own, often inadequate, savings in retirement.

For the public finances, an ageing population is a huge headache. In countries where public pensions make up the bulk of retirement income, these will either swallow up a much larger share of the budget or they will have to become a lot less generous, which will meet political resistance (and remember that older people are much more inclined to vote than younger ones). Spending on health, which in most rich countries has been going up relentlessly anyway, is likely to grow even faster as patients get older. And because of a huge increase in the number of over-80s, a lot more money, and careful thought, will be needed to provide long-term care for them as they become frailer.

What can be done? As the IMF puts it, "the fiscal impact of the [financial] crisis reinforces the urgency of entitlement reform." People in rich countries will have to be weaned off the expectation that pensions will become ever more generous and health care ever more all-encompassing. Since they now live so much longer, and mostly in good health, they will have to accept that they must also work for longer and that their pensions will be smaller.

Will the recession make it easier or harder to introduce the required reforms? If people are feeling poorer, they may think that their government should do more for them, not less. Yet some say that if everything is in a state of upheaval already, change becomes easier to bring about. They cite a phrase currently much used in the Obama White House: "Never waste a good crisis."
Contact Steven Peck's Premier Legal toll free at 1-866-999-9085 to talk to an experienced elder law attorney.

Elder abuse, the mistreatment of an older person, takes many forms. Abuse can come in the form of physical and emotional abuse, financial exploitation or neglect. But whatever the form, elder abuse hurts - physically, emotionally and socially. The suffering that results can"t be erased, but continued suffering can be reduced with heightened awareness.

Elder abuse is a complex problem surrounded by misconceptions. Elder abuse is under-reported because victims are typically dependent upon the abuser and afraid of retaliation. Most incidents of elder abuse occur in the home. Four in five abusers are family members. Most are substance abusers. Some snap under the stress of caregiving, unaware that help is available.

Effective interventions can prevent or stop elder abuse. By increasing awareness among the general public, physicians, mental health professionals, home health workers, and others who provide services to older adults and family members, patterns of abuse and neglect can be broken and both the abused person and the abuser can receive needed help.

Anyone suspecting abuse should make a report as soon as possible and Contact Steven Peck's Premier Legal toll free at 1-866-999-9085 to talk to an experienced elder abuse lawyer.

Would you know the signs of abuse if you saw them?

If you"re concerned that an older adult might be abused, knowing the signs and symptoms of abuse can help you determine if there is a problem. These signs and symptoms may include:

• Physical injury. Examples of questionable injuries include bruises cuts, burn or rope marks, and broken bones are sprains that can"t be explained. Other signs of potential problems include sudden changes in behavior, comments about treatment or the refusal of the caregiver to allow you to visit the older person alone.

• Lack of physical care. Indications of substandard physical care include dehydration, malnourishment, weight loss, and poor hygiene. Bed sores, soiled bedding, unmet medical needs, and comments about being mistreated also may indicate a problem.

• Unusual behaviors. Changes in an older person"s behavior or emotional state may suggest a problem. Examples include agitation, withdrawal, fear or anxiety, apathy, or reports of being treated improperly.

• Changes in living arrangement. Unexplained changes in living arrangement, such as the appearance of previously uninvolved relatives or newly met strangers moving in, might suggest mistreatment.

• Unaccounted for financial changes. Some potentially problematic financial changes include missing money or valuables, unexplained financial transactions, unpaid bills despite available funds and sudden transfer of assets, as well as comments about being exploited.

Fraud is bad enough, but when family members or caregivers financially abuse elderly relatives or patients, that's downright despicable.

"Family, friends, neighbors, and caregivers are the culprits in 55 percent of the cases", according to California elder attorney Steven C. Peck.

Law enforcement and securities officials say the recession is pushing more people to steal from well-off seniors.

"Elder financial abuse is becoming the crime of the 21st century,'' says Peck, of Premier Legal.

The annual loss is estimated to be at least $2.6 billion, according to the report. The typical victim of elder abuse is a woman over 75 who lives alone.

Financial abuse of elders can happen in a number of ways, according to the National Committee for the Prevention of Elder Abuse:

Forging an older person's signature, or getting a senior to sign a deed, will, or power of attorney through deception, coercion, or undue influence.

Using property without permission.

Promising lifelong care in exchange for money or property - and not following through on the promise.

Using credit cards without authorization.

Engaging in confidence crimes ("cons'') in which victims are scammed by gaining their trust.

Following are some red-flag warnings to help spot financial abuse:

Is the senior receiving information about or being asked to invest in unregistered securities or start-up companies? Check with your state securities regulator.

Is the investment high-risk or speculative, such as rare metals or currency trading?

Has the senior been asked to sign blank paperwork or to give discretionary authority over accounts to an adviser?

Is the senior complaining that an investment adviser won't supply account statements?

Has the senior made out a check directly to the adviser or broker for the purchase of an investment?

To report elder abuse you can contact Steven Peck's Premier Legal toll free at 1-866-999-9085 to talk to an experienced elder law attorney

If you suspect a senior is being exploited, report it - even if the suspected scoundrel is a family member.

For older adults who depend on others to care for them, the world can be a scary place.
Like children who rely on their parents for care and protection, the elderly can have to rely on others to look out for them.
Over 100,000 fall victim each year in California alone to abuse or exploitation.
Sometimes the pain is physical. Other times it is sexual or emotional. Many times, it is financial.
Abuse can take less-noticeable forms, too, such as cases in which caregivers don't provide clothing or food for a person or intimidate and exploit them.
Fifty-eight percent of abuse cases reported in 2006 involved financial exploitation, according to reports, and 22 percent were physical abuse cases.
Sadly, not all of the abuse is from strangers. Many of the cases reported in years past have involved caregivers or even family members.
The National Center on Elder Abuse suggests as many as 84 percent of abuse cases are never reported or investigated.
Elder Abuse Awareness Month will draw attention to the growing situation by urging people to watch for signs of abuse and then "break the silence" that keeps so many cases hidden.
Nationwide, an estimated 1 million to 2 million elderly people will be victims of abuse. Although no case is typical, an abuse victim is usually a woman in her late 70s who is preyed upon by a family member, frequently an adult child. Often, the victim has no way to escape the abuse and nowhere to turn.
There are some things that can indicate a problem exists:
• Does an elderly person have injuries such as bruises, cuts and scratches, or do they talk about injuries that have been untreated?
• Has a person shown a sudden change in personal hygiene, or appear malnourished or dehydrated?
• Has a senior become withdrawn or started to isolate themselves from social settings? Are there other changes in behavior that have become apparent?
Listen for verbal cues, such as talk about changing a will or adding someone else's name to a bank account. Sometimes an elderly abuse victim will mention poor living conditions almost as an afterthought.
Don't discount such talk. It could be a life-or-death decision.
Get involved.
Contact Steven Peck's Premier Legal with your concerns at (866) 999-9085 to talk to an experienced elder law and abuse attorney.

A client wants to know about the new Death with Dignity Act, which legalizes physician-assisted suicide in Washington state. Do you take the politically correct path and agree that it's the best thing since sliced bread? Or, do you do your job as a lawyer and tell him that the Act has problems and that he may want to take steps to protect himself? I would hope the latter.

Not What the Voters Were Promised

The new Act was passed by the voters as Initiative 1000 and has now been codified as Chapter 70.245 RCW. During the election, proponents touted it as providing "choice" for end-of-life decisions. A glossy brochure declared: "Only the patient -- and no one else -- may administer the [lethal dose]."[1]

The Act, however, doesn't say this anywhere. The Act also contains potentially coercive provisions. For example, it allows an heir who will benefit from the patient's death to help the patient sign up for the lethal dose.

How the Act Works

The Act has an application process to obtain the lethal dose, which includes a written request form with two required witnesses.[2] The Act allows one of these witnesses to be the patient's heir.[3] Once the lethal dose is issued by the pharmacy, there is no oversight.[4] The death is not required to be witnessed by disinterested persons.[5] Indeed, no one is required to be present.[6]

A Comparison to Probate Law

When signing a will, having an heir act as one of the witnesses creates a presumption of undue influence. The probate statute states that when one of two required witnesses is a taker under the will, there is a rebuttable presumption that the taker/witness: "...procured the gift by duress, menace, fraud, or undue influence." RCW 11.12.160(2). The Act's lethal dose request process, which allows an heir to be a witness on the lethal dose request form, does not promote patient choice. It invites coercion.

No Mental Standard or Consent Is Required at the Time of Administration

Under the Act, an "attending physician" and a "consulting physician" are required to determine whether the patient is competent at the time of the lethal dose request.[7] The Act does not, however, require that the patient be competent or even aware when the lethal dose is administered.[8] There is also no language requiring the client's consent at the time of administration.[9] Without a requirement of competency, consent, or even awareness when the lethal dose is administered, the stage is set for undue influence and worse.

"Self-administer" Does Not Necessarily Mean that a Patient Administers the Lethal Dose to Himself

The Act does not state that "only" the patient may administer the lethal dose.[10] The Act instead provides that the patient "self-administer" the dose.[11] In an Orwellian twist, the term "self-administer" does not mean that administration will necessarily be by the patient. "Self-administer" is instead defined as the act of ingesting. The Act states:

"Self-administer" means a qualified patient's act of ingesting medication to end his or her life . . . . (Emphasis added). RCW 70.245.010(12).

In other words, someone else putting the lethal dose in the patient's mouth qualifies as "self-administration."[12] Someone else putting the lethal dose in a feeding tube or IV nutrition bag would also qualify.[13] "Self-administer" means that someone else can administer the lethal dose to the patient.

In summary, someone other than the patient is allowed to administer the lethal dose. The Act contains no requirement that the patient be competent or even aware when the lethal dose is administered. There is no requirement that the patient consent when the lethal dose is administered.

Intentionally killing an incompetent person, or intentionally killing some other person without his consent, is homicide.[14] The Act, however, allows this result, as long as the action taken is according to the Act. The Act states:

Actions taken in accordance with this chapter do not, for any purpose, constitute suicide, assisted suicide, mercy killing, or homicide, under the law. (Emphasis added). RCW 70.245.180(1).

The Right to Rescind Is Not a Substitute for Requiring Consent

The Act's proponents may counter that consent is actually required because patients have a right to rescind a request for the lethal dose "at any time."[15] A right to rescind is not the same thing as a right to consent when the lethal dose is administered. Consider, for example, an incompetent or unaware patient who obtained the lethal dose on a "just-in-case basis" and has not consented to taking it. He would not have the ability to rescind because he is incompetent, sedated, or simply sleeping. Without the right to consent, someone else would, nonetheless, be free to administer the lethal dose to him. Without the right to consent, the client's control over the "time, place, and manner" of his death is an illusion.

No Witnesses at the Death

If, for the purpose of argument, the Act does not "allow" a patient's death without consent, patients are, nonetheless, unprotected from this result, due to the lack of required witnesses at the death. Without witnesses, the opportunity is created for someone other than the patient to administer the lethal dose to the patient without his consent. Even if he struggled, who would know? The lethal dose request would provide the alibi. This scenario would seem especially significant for patients with money. A California case, People v. Stuart, 67 Cal Rptr. 3rd 129, 143 (2007), states: "Financial reasons [are] an all too common motivation for killing someone...."

No Liability for Administration Without Consent

Proponents may counter that the Act protects patients from wrongdoing due to provisions imposing civil and criminal liability in RCW 70.245.200. None of these provisions purports to prohibit administration of the lethal dose without the patient's consent. These provisions are instead concerned with the lethal dose request and general issues.[16]

Illusory Liability for Undue Influence

In connection with the lethal dose request, the Act purports to impose criminal liability for undue influence.[17] This purported liability is illusory because the concept of undue influence is too vague to be criminally enforced. (See City of Tacoma v. Luvene, 118 Wn.2d 826, 844-5, 827 P.2d 1374 (1992) (citizens must be given clear notice of prohibited conduct); and Mays v. State, 116 Wn. App. 864, 876, 68 P.3d 1114 (2003) (statute unconstitutionally vague where "reasonably intelligent people must guess as to its meaning").) As noted above, the Act specifically allows conduct that would normally create a presumption of undue influence (allowing an heir to act as a witness on the lethal dose request form). In addition, the Act's prohibition against undue influence is not defined and has no elements of proof.[18] Undue influence is also a traditionally equitable concept, which is "not susceptible of precise definition and must depend heavily on the facts of each case."[19] What elements would a prosecutor be required to prove for the purported "crime" of undue influence? It's hard to say.

Official Cover

In the event anyone questions a patient's death, a meaningful response from law enforcement, generally, seems unlikely. This is because medical examiners, coroners, and prosecuting attorneys are required to treat deaths under the Act as "natural."[20] The death certificate is required to list an underlying disease as the official cause of death.[21]

What to Tell Clients

1. Signing the form will lead to a loss of control
By signing the lethal dose request form, the client is taking an official position that if he dies suddenly, no questions should be asked. The client will be unprotected against others in the event he changes his mind after the lethal prescription is filled and decides that he wants to live. This would seem especially important for patients with money. There is, regardless, a loss of control.

2. Prognoses can be wrong
The Act applies to adults determined by an "attending physician" and a "consulting physician" to have a disease expected to produce death within six months.[22] But what if the doctors are wrong? This is the point of a recent Seattle Weekly article: Even patients with cancer can live years beyond expectations.[23] The article states:

Since the day [the patient] was given two to four months to live, [she] has gone with her children on a series of vacations . . . . "We almost lost her because she was having too much fun, not from cancer" [her son chuckles].[24]

Conclusion

As lawyers, we often advise our clients of worst-case scenarios. This is our obligation, regardless of whether it is politically correct to do so. The Death with Dignity Act is not about dignity or choice. It is about enabling people to pressure others to an early death or even cause it. The Act may also encourage patients with years to live to give up hope. We should advise our clients accordingly.

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

The injuries suffered by an older person from physical abuse or neglect are tragic, but there's a much less sensational and publicized form of elder abuse - financial exploitation - that can be equally devastating. When a relative or "friend" exploits an older person and manages to drain away savings and assets that have taken years to accumulate, from that point on, the elder's life style is severely diminished. Despite its devastating impact, financial exploitation seems to be the least understood of all forms of elder abuse. A review of the literature on elder abuse and neglect reveals that most books and articles spend little or no time on financial exploitation. In addition, most protective service agencies, which are charged with investigating financial abuse cases, do not adequately train their caseworkers to handle the problem. Usually, adult protective services (APS) caseworkers either are trained as social workers or come from other public service agencies that emphasize the caregiving or social services aspect of elder care. While this kind of background equips APS workers to deal with abuse or neglect cases, it does not provide them with expertise in investigating financial cases involving the transfer of monies and properties from incapacitated or vulnerable adults.

Finally, there is an overall reluctance to report financial exploitation. Elderly victims may fail to report either because of their own incapacity or because of the stigma they feel would be attached to their being identified as a victim. An older person may also be reluctant to inform on a relative or caregiver who is exploiting because of emotional or psychological attachment to the person. Professional service providers, such as bank personnel, attorneys and health care workers often fail to report such cases either because they don't know which agency to call or because they adhere to a policy of strict confidentiality with respect to their client's affairs.

How Do You Recognize Financial Exploitation?

While the definition of financial exploitation varies among the states, the one most commonly cited is illegal or improper use of an elder's or incapacitated adult's resources for profit or gain. (This definition comes from A Comprehensive Analysis State Policy Related to Elder Abuse, published by the American Public Welfare Association/National Association of State Units on Aging in July 1986.) Service professionals should check their local laws to determine the precise definition used in their county or state.

Although each case presents its own particular facts, exploitation tends to fall into predictable patterns. The common denominator is the existence of a relative, friend, or caregiver in whom the elder has placed confidence or trust. The delegation of financial authority to the exploiter may be done openly or come about more subtly. Below are three categories of elders who are especially vulnerable to financial abuse and the most typical exploitation scenarios:

* An elder who is physically dependent on a caregiver who isolates him or her from social and family contacts. Because of the isolation and physical dependence on the caregiver, the elder loses his or her free will and becomes powerless to say no. As long as this relationship continues in isolation, the victim (who otherwise may appear rational and lucid) may even ratify the exploitative transaction after it has occurred.

* An elder who is "slipping." These cases involve elders who once may have been perfectly capable of handling their own financial affairs, but dementia or other ailments cause them to lose interest and ability in such matters. These elderly people typically turn to the exploiter, who again is someone they trust, to handle their financial affairs. Often the delegation of responsibility is not overt, but is simply assumed by the exploiter, with little or no understanding by the elder of what is occurring.

* The bereaved widow[er]. These cases typically involve persons who have had long marriages and whose spouses conducted the financial business of the family. The spouse dies, leaving the survivor to cope with the emotional devastation of being left alone, compounded with the anxiety and confusion of having to deal with financial matters in which he or she has little experience. For such people, dealing with banks, creditors, and professionals is a nightmare that only serves to remind them of how much they miss their spouses. The entrance of the exploiter is a welcome relief that opens the door to the blissful state of allowing someone else to handle the money.

Once the exploiter obtains access to the senior's financial assets, the actual methods of exploitation are likewise predictable. One of the most commonly used means of transferring property is the general, durable power of attorney. This instrument, which is typically quite useful in dealing with an incapacitated elderly person's affairs, is a powerful tool in the hands of an unscrupulous person. Such an instrument allows the appointed attorney-in-fact full legal authority to transfer an elder's property - including houses, stocks, bonds, and bank accounts.
Contact Steven Peck's Premier Legal toll free at 1-866-999-9085 to talk to an experienced elder abuse and neglect attorney.

With Los Angeles County facing a "senior tsunami" in the decades ahead, county officials are not adequately prepared to deal with the explosion in demand for senior services and a growing rate of physical and financial crimes against the elderly.

As baby boomers age, the county's senior population is expected to double from 1.6 million today to 3 million by 2030, placing increasing pressure on the nearly 100 programs in 24 county departments that provide services to seniors and adults with disabilities, according to county data.

"This pending `senior tsunami' will dramatically impact the need for senior services for elders," says elder law attorney Steven C. Peck." Los Angeles county is not adequately prepared as the population ages for the significant increase in demand for elder abuse prevention programs and services."

Also with the rise in the senior population has come a big jump in crimes targeting the elderly.

Michael Gargiulo, deputy-in- charge of the Elder Abuse Section in the District Attorney's Office, said the number of elder abuse cases his office is prosecuting has nearly doubled from about 40 per month in 2005 to 90 now.

The cases run the gamut from distraction burglaries and Lotto scams to murder and physical abuse of seniors.

In one recent case that prosecutors said was particularly disturbing, a 21-year-old former employee of an upscale

Calabasas assisted-living center is scheduled for trial in August, accused of torturing and physically abusing an elderly patient before his death.
Prosecutors say Cesar Ulloa, who had worked at Silverado Senior Living, allegedly punched Elmore Kittower, 80, and attacked him numerous times, resulting in numerous rib fractures and other injuries.

An autopsy revealed the retired engineer died of a blood clot in his lung, but the investigation revealed he had been abused for months prior to his death, prosecutors allege.

"It's a very serious matter," said Deputy District Attorney Robin Allen. "It's obviously disturbing to see a senior being abused in any context, especially in a facility where they are responsible for his care and well-being."

Ulloa's attorney could not be reached for comment.

Loren Shook, president and chief executive officer of Silverado Senior Living, a San Juan Capistrano-based company that operates 19 senior living communities for Alzheimer's patients nationwide, said he's taken this "very unfortunate incident" seriously.

He said the company is working with university researchers on how to distinguish between normal bruising patterns among people with Alzheimer's and bruising resulting from abuse. The company is also raising awareness about senior abuse by speaking out at state and national conferences.

"We have over 12,000 residents that we serve and this is the first abuse situation we've had," Shook said. "We have a terrific licensing record. So this is a situation that we are just very upset about having ever happened, but we are working very hard to step forward and create a system that goes way beyond what we had before."

Grand jurors wrote that the county does not have a strategic plan to guide elder abuse prevention services and programs, its outreach efforts are "more reactive than proactive" and current management practices don't ensure Adult Protective Services workers are receiving adequate training.

Eagle Rock resident Irma Garcia said she is concerned the county doesn't treat elder abuse cases seriously, a conclusion she reached after being unable to help a neighbor that she suspects is being subject to financial abuse.

It started one quiet weekend when she heard screaming. Stepping out of her home to see what the ruckus was all about, Garcia saw an elderly neighbor yelling, "Get out of my house!"

Today, Garcia said the family member the elderly woman was yelling at is still living at the house. Garcia has contacted county Adult Protective Services, the Los Angeles Police Department, county officials, a lawyer and other organizations to have the person evicted.

"Every time I talk to (APS), it's like running into a wall," Garcia said. "There's no way out. One agency would tell me to call another agency, and that agency another."

Patricia Senette-Holt, spokeswoman for the Department of Community and Senior Services, said APS is very responsive to reports of financial or physical abuse.

"I don't know what her situation is, but we definitely respond to all alleged instances of abuse to confirm that in fact the person is being abused," Senette-Holt said.

Helen Berberian, the social services deputy to Supervisor Mike Antonovich, said she plans to look into the case. In the meantime, she is preparing a motion for the Board of Supervisors to consider regarding recommendations in the grand jury report and in a report by the Chief Executive Office.

"The CEO talks about low-hanging fruit and things that can be implemented without additional resources," Berberian said. "We are in the process of reviewing it because resources are such an issue now."

Senette-Holt pointed out that the grand jury found services for seniors are underfunded. Last year, the county spent $2.9 billion on services for seniors, not including state and federal funds for in-home care worker wages and Medi-Cal payments.

"We are pleased they have identified there is a lack of funding for elder abuse programs, realizing with the budget cuts and economic downturn, that there is currently insufficient money to meet the growing need," Senette-Holt said.

The grand jury report follows a 2004 audit of the Department of Community and Senior Services, finding a "long-term lack of leadership, accountability, poor program management, and problems with program monitoring and funding."

But the grand jurors wrote the department is addressing these issues and the "structure and culture of CSS is also changing."

In the report, grand jurors noted the APS caseload is expected to increase nearly 10percent from 25,518 clients in 2005-06 to 28,000 clients in 2008-09. In the same period, the average number of monthly reports of elder abuse and neglect are expected to rise 14 percent from 2,038 to 2,370.

Grand jurors also expressed concerns about weak oversight of the county agencies that work with seniors and adults with disabilities.

Los Angeles County Deputy Chief Executive Officer Miguel Santana said his office directed Department of Community and Senior Services Director Cynthia D. Banks last year to lead an inter-departmental task force to develop a series of recommendations to better prepare the county for the doubling in the senior population.

Last week, Santana's office released the "Seamless Senior Services Initiative" report outlining nearly 60 recommendations to increase cooperation among departments and enhance services for seniors and adults with disabilities. Among them are listing all senior programs on one Web site and establishing a new department branch for seniors to help them and their family members find county services.

Should you or a loved one suspect that you have been abused, immediately contact Steven Peck's Premier Legal toll free at 1-866-999-9085 to talk to an experienced elder law and abuse attorney.

Two major fiscal watchdogs just announced they've aligned to help fight to elderly financial abuse. A new study found that this type of money mismanagement costs senior citizens billions of dollars nationwide a year and many cases are never reported. The new program is designed to help give people tools to identify and report financial exploitation. Here's the complete details and links to more information:

The North American Securities Administrators Association (NASAA) and the National Adult Protective Services Association (NAPSA) today announced they will join forces to protect seniors from the growing threat of elder financial abuse, which includes financial exploitation and securities fraud.

Financial abuse is considered to be the most common form of abuse to elders, costing its victims an estimated $2.6 billion a year, according to a recent study. And for every one case of abuse reported to authorities, an estimated four or more cases go unreported. The NASAA and NAPSA partnership aims to eliminate elder financial abuse by providing tools to identify and report financial exploitation.

"Elder financial abuse is becoming the crime of the 21st century as the growing senior population is increasingly targeted," said Fred Joseph, NASAA President and Colorado Securities Commissioner. "Victims can see their life savings disappear with little opportunity to recover financial stability. Anyone can - and should - report abuse of an elderly person, whether it is physical or emotional abuse, neglect or financial exploitation. State securities regulators and adult protective services workers are natural partners because we operate at a local level in service to our elderly citizens, and are often the first responders to abuse or financial fraud."

"A silent crime is taking its toll on America - silent because so many of these cases go unreported," said Kathleen Quinn, Executive Director of NAPSA. "Studies show that family members and caregivers are the culprits in more than half of these cases, so unless an outside service provider reports the abuse it may go unpunished. NASAA members have a history of protecting senior investors and our hope is that together we will strengthen the ranks of advocates for the elderly," said Quinn, "This announcement is the first step in a partnership we hope will grow to close the gap on elder abuse. We look forward to working together to fight this growing crime."

NASAA and NAPSA will work together to inform and connect their members to share information and resources on how they can help prevent elder abuse in their jurisdictions. Workshops are planned for the upcoming NAPSA conference in October.

The two organizations announced their partnership today in recognition of World Elder Abuse Awareness Day, which is dedicated to raising international awareness of elder abuse and financial exploitation and reinforcing a commitment to report abuse and protect the elderly.

Securities fraud can be reported by contacting your state securities regulator. Contact information is available at nasaa.org. To report elder abuse, contact your Adult Protective Services office at apsnetwork.org or through the National Center on Elder Abuse (NCEA) at ncea.aoa.gov or contact Steven Peck's Premier Legal toll free at 1-866-999-9085 to talk to an experienced elder law and financial abuse attorney

"It's the same old see-saw -- as the local economy sinks, reports of elder fraud and abuse are on the rise", says California Elder Abuse and Neglect attorney Steven C. Peck

"The number of elder abuse cases seen by my office has increased dramatically in the last few years", says attorney Peck.

"How high the case load my office inherits this year is unforseen. Elders and vulnerable adults are prime targets of all kinds of abuse both medical, ohysical, and financial."

"The term "abuse" is an all-inclusive term." Peck said, " it can range from self neglect, neglect by others, physical abuse, psychological, emotional, sexual abuse and exploitation of financial or personal assets.
Contact Steven Peck's Premier Legal toll free at 1-866-999-9085 to talk to an experienced elder law, abuse and neglect attorney.

Citing an increase in abuse of senior citizens, state House Michigan Democrats unveiled recent legislation to increase penalties for those who financially exploit and elderly abuse vulnerable adults.

"Elderly abuse is a reprehensible act", says California Elder Law and Abuse attorney Steven C. Peck

The legislation would increase penalties for financially exploiting vulnerable adults, who in most cases are seniors, making it punishable by up to 15 years in prison and a $15,000 fine, or three times the value of stolen property, whichever is greater.

It also prohibits perpetrators from inheriting from the victim's estate.

The bill, which has yet to be voted on by the House, is designed to address what authorities say is a rise in those who exploit or steal from elderly family members. The crime has increased, officials say, as financial pressures in households have risen in the faltering state economy.

"Elders are often are targeted because of diminished mental capacity or because health issues require them to rely on family members to make purchases and bank for them", says Peck

To ease the reporting process, the proposed legislation includes provisions allowing a third party, such as another family member, to file a criminal complaint of financial exploitation on behalf of the vulnerable adult. Bank tellers also would be required to report suspected abuse to authorities.
Contact Steven Peck's Premier Legal toll free at 1-866-999-9085 to talk to an experienced elder law attorney.

An educational summit was held in Cupertino, California recently to train clergy members on how to look for signs of elder abuse.
According to the Mercury News, clergy members were added to a state list of "mandated reporters" five years ago and are required by law to report to authorities if they suspect abuse or neglect of seniors.

But despite the new law, organizers of the abuse summit say the problem is continuing to grow and that no reports of abuse have been filed by any clergy members in the county since then. Betty Malks, project director of the Elder Abuse and Neglect Initiative, says it is very important for churches to be educated about this issue because elders have the highest church attendance rates.

KCBS' Mike Colgan reports

According to Malks, sixty to ninety percent of all cases involve family members. Malk says financial elder abuse is a hidden crime that often goes unreported. National statistics show only one in 100 cases are ever reported.

"That's due to the shame and humiliation that's involved with financial abuse especially if it's in your family. You know, many people will say to me, 'I didn't raise my kids to do this,'" said Malks.

In Santa Clara County, Malks says 39 to 40 percent of all reports made to adult protective services involve elder abuse.

The Mercury News reports there are an estimated 700 churches, temples and mosques in the county. Malks hopes that by working with these faith-based organizations, more awareness will be spread about the problem.
Should you suspect a loved one has been abused or neglected contact Steven Peck's Premier Legal toll free at 1-866-999-9085 to talk to an experienced elder abuse and neglect attorney.