It is incredible what we find just right here in Los Angeles County "The volume of referrals has increased tremendously in the past few years. And it's not limited to certain socioeconomic or racial categories. It's happening all over the county and the State of California." says Elder Law Attorney Steven C. Peck.
Peck says " hundreds of thousands of statewide reports of adult abuse,neglect or exploitation were made last year to the California state's Adult Protective Services unit. Usually a concerned friend or family member makes the call about adults who are unable to protect themselves due to a physical or mental limitation. But the calls also come from social agencies, health care providers, police officers or any number of sources, according to Peck.
"Abuse and neglect of our elderly and vulnerable citizens happens every day," says Peck. "We need to do all we can to make the public aware that this is a crime which, by law, must be reported."
The number of individuals receiving help through the Adult Protective Services unit has increased nearly 40 percent over the last five years and is growing.
"We've seen a tremendous increase, at least double the number of referrals, in the last three or four months, to our California offices" Peck explains.
More than 80 percent of the time the abuser is related to the victim.
"The No. 1 issue I'm seeing right now is these relatives who are living off their older, frail relatives," says Peck an attorney with Premier Legal located in Van Nuys, California and serving all of the State of California.
" We're seeing a lot of people who are unwilling to place a loved one in a care situation because they can't let go of that money. They are living off their grandparent's or their elderly parent's Social Security check or pension. Medicaid would take that money if they put them in a nursing home."
"We've seen cases where the relative takes the client out of the nursing home, sticks them in a room in the house and leaves them there, just so the relative can live off the client's Social Security check."
Investigations by Adult Protective Services are not limited to residences. The unit also checks reports regarding individuals at nursing homes, assisted living facilities, boarding homes, group homes, mental retardation facilities, hospitals and other settings, Walley said.
"There are a number of laws that specifically apply to crimes against the elderly,"Peck says. "Occasionally we have to take legal action."
A recent MetLife study said that elder financial abuse costs senior citizens more than $2.6 billion per year and is most often perpetrated by family members and caregivers.
"We see a lot of elder fraud and financial abuse," attorney Peck says.
"The saying goes, 'Why do you rob banks? Because that's where all the money is.' Well, that's why they go after older people, because they have savings."
And if responsible family members aren't checking on the spending habits of a parent in declining health, there is more potential for fraud and financial abuse.
"It is not uncommon for us to find that the person handling the money was actually in early stages of dementia and nobody knew it or realized it," Wright said. "So they were not getting the bills paid, or they were making poor judgments, such as getting fixated on lotteries or the Nigerian scams. We see that."
Scam artists prey on older persons because the first thing to go is often a senior's judgment and executive decision making, Wright said.
"It's easy for the families not to realize that something is wrong," she said. "They won't pick up on it until the dementia has progressed a little further. Then they start finding it in the checkbook and say, 'Oh, my goodness, what has happened here?' ... A lot of times that comes to the surface when someone goes to the hospital with a medical crisis."
It is important that family members maintain close contact with their parents, their siblings and the caregivers, especially if the parents live a great distance away from their children. There is more opportunity for financial abuse in those situations.
"For example, a sitter may have access to a lot of financial information and checkbooks, this kind of thing," says Peck, . "They might get that elderly person to sign checks, write checks, and they will cash them.
"Or the family members may be working or out of town and are depending on that caregiver for their parent's transportation to and from the doctors and banks. There is a lot of opportunity for that caregiver, particularly if that elderly person is very dependent on them, to get their name added to bank accounts or cash out CDs."
Attorney Steven Peck says "a good way to keep track on financial matters for out-of-state parents is for the adult child to have a power of attorney, which will enable the child to receive copies of bank statements so they can see what transpires each month."
"The most important thing is to keep close contact with your parents and their needs," he says.
You may contact Elder Law attorney Steven Peck toll free at 1-866-999-9085 or visit him at www.premierlegal.org for your free consultation. Act Now!!!
