California Elder Law Attorney Blog

U.S. state securities regulators could soon be turning to health-care professionals for help treating a growing problem: investment fraud against the elderly.

Denise Voigt Crawford, newly elected president of the North American Securities Administrators Association, or NASAA, helped launch a pilot program in Texas that enlists physicians and other health-care professionals in identifying and assisting seniors at risk of financial exploitation. She is Texas' securities commissioner.

"Am I going to promote a broader national reach for the program? You bet," said Voigt Crawford.

Led by a grant from the nonprofit Investor Protection Trust, researchers at the Texas Consortium Geriatric Education Center at Baylor College of Medicine have developed a pocket guide for clinicians. It includes a list of red flags, tips on how to broach the topic of finances with seniors, and resources to tap if they suspect fraud or exploitation is taking place.

Elder financial abuse costs older Americans more than $2.6 billion a year, according to a report by the MetLife Mature Market Institute. The economic downturn has led to a surge in schemes targeting seniors, such as investment fraud, telemarketing scams and abuses of legal authority, including powers of attorney, regulators say.

As a group, seniors often have significant savings and tend to own their homes, making them prime targets. They may become too fragile mentally or physically to make decisions that are in their best interests as their age advances. During the past four years, the number of people living with memory-robbing Alzheimer's disease jumped by 10% globally to 35 million, according to a recent report by the U.K.-based Alzheimer's Disease International.

Older Americans also tend to be very private about their finances and may be unwilling to report problems.

"The biggest hurdle adult children face is finding out what is going on" with their parents finances, says Bernard A. Krooks, an elder law attorney and founding partner of Littman Krooks LLP, a New York law firm.

Seniors may take offense or question a child's motives in bringing up the topic, he says. These fears are not always unfounded: Family members and caregivers are the culprits in more than half of cases, but seniors lose the most money to investment fraud, according to the MMMI study.

"It is not uncommon for them to trust a total stranger more than their own family. We see it all the time," says Krooks.

Voigt Crawford sees health-care professionals, in particular physicians, as important intermediaries. "Elders trust their doctors," she says, and they have greater confidence that they will act in their best interests.

The four-page guide is designed to be a quick and easy tool for medical professionals to use, says H. Wayne Howell, a former director of the Georgia Securities Division who helped develop it.

The booklet includes a list of "red flags," such as social isolation or bereavement, which can make seniors vulnerable, and changes in appearance or behavior, such as a disheveled appearance or anxiety, which can point to abuse or some other medical issue that needs to be addressed.

It contains a "financial concerns checklist," which clinicians can use to pinpoint problems. Doctors, nurses or others who spot suspicious signs are counseled to refer patients to agencies such as adult protective services, the district attorney's office or a securities regulator.

Robert E. Roush, director of the Texas Consortium Geriatric Education Center at Baylor College of Medicine, is leading the initiative in that state. He says feedback from clinicians has been positive.

"Some patients may be highly vulnerable. We want to stop them getting robbed," says Roush.

Continue reading "Texas Starts Physician Elder Abuse Alert" »

As we reach for the dream of health care for all, we need to focus our reform energies on improving patient safety. Preventing medical errors will lower health-care costs, reduce doctors' insurance premiums and protect patients.

Taking away patients' rights does not improve the quality of our health-care system or produce cost savings. The myth that "reforming" our medical-malpractice system will somehow save money is particularly dangerous, as it asks us to give up a fundamental right in exchange for affordable and accessible health care. This so-called bargain would not benefit anyone except the insurance industry.

Instead, let's look at the real facts of medical malpractice and its cost implications and not take away the rights of innocent victims of medical malpractice and their families.

The true crisis in medical malpractice is negligent medical care. The Institute for Medicine estimates that more than 98,000 deaths a year are caused by preventable medical errors, making this our nation's sixth-leading cause of death. The cost to the system of these deaths alone is estimated at more than $29 billion dollars annually -- twice the cost of the malpractice system as a whole.

Yet despite the numerous injuries and deaths from preventable medical injury, most injured people do not file lawsuits, according to the Harvard School of Public Health. Public Citizen found that malpractice litigation costs amount to less than 0.6 percent of overall health-care spending, and malpractice payouts are at an all-time low. In Washington state, medical-malpractice cases made up just 0.3 percent of all civil cases filed between 2002 and 2008, according to data from the Washington State Administrative Office of the Courts. As national expert and author Tom Baker said, "We have an epidemic of medical malpractice, not of malpractice lawsuits."

State of Washington Registered Nurse and Lawyer Patricia Greenstreet believes that the so-called malpractice "reforms" offered by the insurance industry will not only increase the costs for injured families; they will result in breaking many families financially. When that happens, taxpayers pick up the continuing costs of these often-catastrophic injuries, the insurer gets a free ride, and the costs don't go away. This is no bargain or trade-off. It's robbery.

Another persistent myth is the wrong idea of "defensive medicine" and the costs that it purports to add to the health-care system. The idea that extra tests are ordered only to protect from fictitious lawsuits, and not because of our fee-for-service health-care system that rewards ordering extra tests and procedures, is defied by research and common sense. Insurance companies and Medicare will not pay for unnecessary costs, treatments and procedures.

No empirical evidence demonstrates that defensive medicine exists. On the contrary, a 2004 report by the nonpartisan Congressional Budget Office noted, "some so-called defensive medicine may be motivated less by liability concerns than by the income it generates for physicians or by the positive (albeit small) benefits to patients."

The best way to save money in the health-care system is to prevent injuries from preventable errors in the first place.

Public and private organizations like the Centers for Medicare & Medicaid Services and HealthGrades are offering cutting-edge solutions for the prevention of the costs -- and human misery -- caused by these errors. Let's follow the example set by anesthesiologists, who looked at their own practices to increase patient safety by developing new guidelines to reduce errors. The safety changes they implemented make them among the safest practitioners in the U.S., with malpractice insurance rates that have fallen.

It is by curing the epidemic of preventable medical errors that we can achieve reduced costs for patients and families, but also for the whole system. Let's focus on what has been proven to reduce costs and improve lives -- eliminating preventable errors -- rather than giving up fundamental rights as a bargaining chip.

Continue reading "Prevention of Medical Errors The Real Culprit For Innocent Victims" »

Powers of attorney (POA) are seldom overseen by courts or impartial third parties. This very lack of oversight makes it easy for an unscrupulous agent to abuse his or her trust and authority and turn a POA into a license to steal.

POA Abuse is Often a Crime Without Consequence
Victims of POA abuse, or their families, are often rebuffed by law enforcement officials and told, "It's a civil problem. Consult a lawyer who handles civil matters."

POA abuse is indeed a civil affair, but it is also a crime with real victims who deserve justice. According to the National Center on Elder Abuse, Administration on Aging, U.S. Department of Health and Human Services, while there have been successful investigations and prosecutions of POA abuse, many criminal justice professionals lack awareness of the roles they can play in holding offenders accountable.

Legal Definitions of Power of Attorney and its Associated Individuals
One who assumes authority under a power of attorney has the legal obligation of a fiduciary: to act in a trustworthy manner and to make decisions that are in another person's best interest or that are consistent with decisions the individual made for him- or herself before losing decision-making capacity.

"Principal"- a person who authorizes another party to act on his or her behalf, usually on financial matters, through authority granted in a document: a power of attorney (POA) or its variants, the springing and durable power of attorney (DPA or DPOA).
"Agent" or "Attorney-in-Fact"- the person who acts on the principal's behalf through a POA.
"Power of Attorney" - a legal document by which the principal authorizes an agent/attorney-in-fact to act on the principal's behalf.
Differences and Distinctions: General POA vs Durable POA
Powers of attorney, both general and durable, become effective immediately upon creating the document and signing it. An agent/attorney-in-fact loses his or her general POA authority if:
The principal dies.
The principal revokes the authority.
The principal loses decision-making ability and is therefore mentally incapable of revoking the authority. The law provides for this automatic revocation to protect incapacitated principals who can no longer monitor their agents/attorneys-in-fact or take action if and when agents abuse their authority.
A durable power of attorney is a POA that remains valid even when the principal loses the legal capacity to revoke the agent's authority. A durable POA is a useful tool for people who want to plan for the possibility of incapacity. For example, a durable POA could obviate the need to petition a court to appoint a guardian or conservator were the principal to become incapacitated. Durable POAs are often purposely written very broadly to give an agent/attorney-in-fact felxibility and wide latitude in handling the principal's financial affairs.

A POA's document title may not be definitive. If the language states the agent retains authority if the principal loses legal capacity or decision-making ability, a durable POA is in play.

Springing POA
A POA that "springs to life" and becomes effective only when some event occurs (or sometimes fails to occur) is called a springing POA. For example, the principal's incapacity may trigger the springing POA, and authorize the agent/attorney-in-fact to act in place of the principal.

Crimes Related to POA Abuse
An agent who violates the fiduciary duty owed to the principal may have violated one or more specific state and federal laws criminalizing financial exploitation of older persons, and/or criminal laws of general application:

Exploitation
Embezzlement
Forgery
Fraud-credit card, tax, welfare
Larceny
Money laundering
Theft
Remedies for POA Abuse
Many communities have multidisciplinary teams of criminal justice specialists who review and redress elder abuse cases, investigate and prosecute cases, improve response and prevent victimization of older people. Often these professionals can freeze assets and prevent an agent from dissipating the principal's remaining funds, and seek restitution.* A FAST (Fiduciary Abuse Specialist Team) specializes in financial abuse which usually does not occur in isolation and is frequently accompanied by other forms of elder abuse or neglect.

You can contact Steven Peck's Premier Legal toll free at 1.866.999.9085 to talk to an experienced elder abuse and neglect attorny who understands the potential abuse atrributable to Powers of Attorney. Please also visit us on-line at www.premierlegal.org.

Elder abuse is doing something or failing to do something that results in harm to an elderly person or puts a helpless older person at risk of harm. A 2009 Report entitled Broken Trust: Elders, Family and Finances completed in collaboration with with the National Committee for the Prevention of Elder Abuse (NCPEA) and Virginia Polytechnic Institute and State University and Met Life revealed that Elder Financial Abuse costs older Americans more than $2.6 billion per year.

The Association for the Advancement of Retired Persons -AARP says that elder abuse is a serious and common reality for too many older adults, and reports of such crimes are on the rise. In an emergency, call 911 or the local police. AARP says that each state has a lead agency responsible for investigating reports of elder abuse and various subagencies that take on different types of cases. Adult Protective Services (APS) is the lead agency in most states. APS typically contacts other relevant agencies, such as law enforcement.

The National Committee for the Prevention of Elder Abuse -NCPEA give us clear definite definitions of the forms of elder abuse. NCPEA states that elder abuse is any form of mistreatment that results in harm or loss to an older person. It is generally divided into the following categories:

Physical abuse is physical force that results in bodily injury, pain, or impairment. It includes assault, battery, and inappropriate restraint.
Sexual abuse is non-consensual sexual contact of any kind with an older person.
Domestic violence is an escalating pattern of violence by an intimate partner where the violence is used to exercise power and control.
Psychological abuse is the willful infliction of mental or emotional anguish by threat, humiliation, or other verbal or nonverbal conduct.
Neglect is the failure of a caregiver to fulfill his or her care giving responsibilities. Self-neglect is failure to provide for one's own essential needs.
Financial abuse is the illegal or improper use of an older person's funds, property, or resources.
Let's Look Closer at Financial Abuse
Elder financial abuse spans a broad spectrum of conduct, including:

Taking money or property
Forging an older person's signature
Getting an older person to sign a deed, will, or power of attorney through deception, coercion, or undue influence
Using the older person's property or possessions without permission
Promising lifelong care in exchange for money or property and not following through on the promise
Confidence crimes ("cons") are the use of deception to gain victims' confidence
Scams are fraudulent or deceptive acts
Fraud is the use of deception, trickery, false pretence, or dishonest acts or statements for financial gain
Telemarketing scams. Perpetrators call victims and use deception, scare tactics, or exaggerated claims to get them to send money. They may also make charges against victims' credit cards without authorization
Who Are the Perpetrators?
Family members, including sons, daughters, grandchildren, or spouses. They may:

Have substance abuse, gambling, or financial problems
Stand to inherit and feel justified in taking what they believe is "almost" or "rightfully" theirs
Fear that their older family member will get sick and use up their savings, depriving the abuser of an inheritance
Have had a negative relationship with the older person and feel a sense of "entitlement"
Have negative feelings toward siblings or other family members whom they want to prevent from acquiring or inheriting the older person's assets
Perpetrators also include individuals who seek out vulnerable seniors with the intent of exploiting them. They may:

Profess to love the older person ("sweetheart scams")
Seek employment as personal care attendants, counselors, etc. to gain access
Identify vulnerable persons by driving through neighborhoods (to find persons who are alone and isolated) or contact recently widowed persons they find through newspaper death announcements
Move from community to community to avoid being apprehended (transient criminals)
Perpetrators also include unscrupulous professionals or businesspersons, or persons posing as such. They may:

Overcharge for services or products
Use deceptive or unfair business practices
Use their positions of trust or respect to gain compliance
Who is at Risk?
The following conditions or factors increase an older person's risk of being victimized:

Isolation and Loneliness
Recent losses
Physical or mental disabilities
Lack of familiarity with financial matters
Have family members who are unemployed and/or have substance abusers problems
Why Are The Elderly Attractive Targets?
Persons over the age of 50 control over 70% of the nation's wealth . Many seniors do not realize the value of their assets (particularly homes that have appreciated markedly). The elderly are likely to have disabilities that make them dependent on others for help. These "helpers" may have access to homes and assets, and may exercise significant influence over the older person. They may have predictable patterns (e.g. because older people are likely to receive monthly checks, abusers can predict when an older people will have money on hand or need to go to the bank)

Severely impaired individuals are also less likely to take action against their abusers as a result of illness or embarrassment . Abusers may assume that frail victims will not survive long enough to follow through on legal interventions, or that they will not make convincing witnesses. Also some older people are unsophisticated about financial matters. Advances in technology have made managing finances more complicated.

What Are The indicators?
Indicators are signs or clues that abuse has occurred. Some of the indicators listed below can be explained by other causes or factors and no single indicator can be taken as conclusive proof. Rather, one should look for patterns or clusters of indicators that suggest a problem.

Unpaid bills, eviction notices, or notices to discontinue utilities.
Withdrawals from bank accounts or transfers between accounts that the older person cannot explain.
Bank statements and canceled checks no longer come to the elder's home.
New "best friends"
Legal documents, such as powers of attorney, which the older person didn't understand at the time he or she signed them.
Unusual activity in the older person's bank accounts including large, unexplained withdrawals, frequent transfers between accounts, or ATM withdrawals.
The care of the elder is not commensurate with the size of his/her estate.
A caregiver expresses excessive interest in the amount of money being spent on the older person.
Belongings or property are missing.
Suspicious signatures on checks or other documents.
Absence of documentation about financial arrangements .
Implausible explanations given about the elderly person's finances by the elder or the caregiver .
The elder is unaware of or does not understand financial arrangements that have been made for him or her.

Contact Steven Peck's Premier Legal toll free at 1.866.999.9085 to talk to an experienced elder abuse attorney and visit on-line at www.californiaeldercarelaw.com

In-Home Supportive Services care will be reduced or axed for 130,000 Californians starting Nov. 1, the state Department of Social Services announced Friday.

The program pays caregivers with a combination of federal, state and county money, as well as recipients' out-of-pocket contributions.

Hours are assigned to caregivers in the homes of blind and disabled children, or low-income seniors over 65 with varying degrees of frailty.

The Social Services Department was required to cut $82.1 million in in-home care this year due to state budget cuts.

About 97,000 recipients ranked as relatively capable will lose certain services, including housekeeping, meal preparation, shopping and errand assistance. Another 36,000 will lose all services.

Social workers contend in-home aid helps keep recipients from having to enter nursing homes, which can cost the public more.

Contact Steven Peck's Premier Legal toll free at 1.866.999.9085 to talk to an experienced California Elder Law attorney and visit us on-line at www.premierlegal.org.

Many of the vulnerable patients of the Oakhill Springs Care Center on High Street in Oakland are dependent on staff for even the most basic needs.

They cannot dress or bathe themselves, they need help eating, and they spend most of their days in a chair or under restraints. Many cannot use the bathroom on their own, and most have psychiatric problems, dementia or behavioral symptoms -- sometimes in combination.

But when state Public Health Department inspectors arrived at the low-slung stucco building in May for an annual review, they found residents whose specific medical needs were ignored, according to the department's inspection records.

Oakhill Springs, licensed to Leticia and Tony Perez under the name LTP Heritage LLC, according to Public Health Department and secretary of state documents, was one of the four facilities in Oakland that ranked among the lowest on the federal government's one- to five-star rating system. Facilities with Medicare or Medical contracts are awarded one to five stars based on inspections, staffing levels and other quality-of-care measurements over three years.

Oakhill Springs' current one-star ranking is based in part on staffing levels and on the most recent annual inspection by Public Health Department inspectors, which was in May.

Tony Perez refused to comment on the quality of patient care at Oakhill Springs or the couple's other facilities, which include the Oakland Springs Health Care

Center, where a woman shot and killed her daughter then turned the gun on herself Sunday night.

The woman, Diana Harden, of Livermore, left a note indicating her daughter had been mistreated by the staff at Oakland Springs and that the family's frustration in dealing with the problems was one of the reasons she resorted to taking her daughter's life. The incident and past citations have prompted an investigation by the Public Health Department.

The Perezes have a history of taking over troubled facilities. They have improved conditions at Oakhill Springs to some degree, but problems have continued.

Despite the facility's high-need patients, the majority of nursing is done by certified nursing aides. Patients saw a registered nurse only 15 minutes on average per day in May -- half of the national or state average, according to Medicare, which analyzes data the nursing homes report to the Public Health Department. Certified nursing aides, who do not receive the level of training required of registered nurses, did the bulk of the work -- more than two hours.

While it is difficult to assess how that ratio affected care based on the limited information, the total hours of skilled nursing care each resident received -- 3.5 hours per patient per day -- is just above the state minimum requirement of 3.2 hours, which is insufficient to address the needs of nursing home residents, said Kathryn Locatell, a forensic geriatrician who analyzes and investigates cases of suspected elder abuse as a consultant to the U.S. and California Departments of Justice.

Public Health Department documents also revealed that the ability of one woman at Oakhill Springs to move her legs deteriorated within six months because there were no care plans or rehabilitation services to assist the woman in maintaining her ability to use her legs. That put her at risk of a permanently reduced mobility, an inspector wrote.

Another resident, also at Oakhill Springs, was allowed to use a fast-acting inhaler that can have life-threatening side effects, even though the patient was not mentally able to self-administer medications and did not want to, according to Public Health Department records.

An annual Public Health Department inspection in May found:

Out of 10 patients, seven were not given proper diets and several lost weight because they received insufficient calories to promote weight gain important to their well-being -- despite orders by their doctors to the facility.

One woman had lost nearly 8 percent of her body weight because she wasn't given the puréed fortified diet her doctor had prescribed. The records show the physician was perplexed at why the woman continued to lose weight despite the health shakes he had ordered three times daily. But the inspector found no record of the order having been implemented, or that diets were fortified with the high-calorie food to promote weight gain. When an inspector asked the cook how she fortified the diets, she said, "I add thickener to the puréed food."

Patients suffering from kidney disease were given high-potassium foods, which could have worsened their kidney disease or could have become life-threatening.

Another resident was served fish despite a severe allergy to fish and shellfish that was recorded in the patient's medical records.

The Public Health Department documents also showed that:

In October 2008, nursing staff put an iron medication tablet into a resident's feeding tube, which became clogged. The nurse in charge of medication said the required liquid iron had not been in stock for two weeks since the medication was ordered.

In June 2009, inspectors found that doors could not be closed because beds were in the way, which would make it easier for smoke or flames to spread in the case of a fire.

The Perezes submitted plans to correct the problems. But that is more a formality than a guarantee of compliance, Locatell said.

The Public Health Department will accept plans of corrections in the vast majority of cases as evidence that facilities are in compliance with state and federal laws that govern care homes. The operators may or may not take action, and problems are allowed to occur repeatedly.

"It's like the clock starts all over again," she said.

A spokesman for the Public Health Department, which oversees skilled-nursing facilities and other long-term care homes, said the agency takes each reported complaint seriously and investigates each one. The department's Licensing and Certification division conducts about 1,320 on-site inspections of nursing homes and responds to approximately 6,650 complaints, as well as 19,300 incidents reported by the facilities, spokesman Al Lundeen said.

These inspections evaluate compliance with state and federal requirements, he added.

Lack of oversight

A 1998 analysis by the U.S. Government Accountability Office found that despite federal and state oversight, some California nursing homes are not being monitored closely enough to guarantee the safety and welfare of their residents. The GAO found that nearly one in three California nursing homes was cited by state surveyors for serious or potentially life-threatening care problems. Moreover, the GAO believes the extent of serious care problems portrayed in federal and state data is likely to be understated.

While improvements have been made, a December 2005 follow-up report said officials from the San Francisco regional Center for Medicare and Medicaid Services office acknowledged that confusion by state surveyors as to what constituted actual harm had contributed to the decline in California.

Locatell said there is too much leeway in the number of times the same violations are allowed to occur. In addition, the level and scope of danger to patients that deficiencies pose is assigned by inspectors, she said.

Their decisions are subjective, said Locatell, who founded Kaiser Permanente's nursing home oversight program in Sacramento in 1994. If inspectors don't assign a deficiency as critical, the state may not pursue the problems, she said.

And, Locatell added, people rarely contest the state inspectors' findings.

Even when inspectors do pursue a facility vigorously, they run into many layers of bureaucracy that makes going after operators difficult, she said.

Other facilities

The Perezes also operate the Oakgrove Springs Care Center in Oakland; Hayward Springs Care Center in Hayward; Lafayette Care Center in Lafayette; and Pleasant Hill Manor in Pleasant Hill.

The Pleasant Hill facility was cited by the Department of Social Services for inappropriate food storage, inadequate food supplies, incomplete staff records and discarded furniture stacked up on the patio. A resident in 2004 was overmedicated and required hospitalization, according to a record from the state Department of Social Services.

Leticia Perez also owns the Nurses Alliance Corporation, one of the many enterprises under which the Perezes do business. Most of them are limited-liability companies.

The Perezes' licensing company, LTP Legacy LLC, has been named as a party in a lawsuit asserting that the care an elderly woman received at Oakland Springs -- called Clinton Village Convalescent Hospital until the Perezes took over April 29, 2008 -- contributed to her death. The lawsuit contended that Tressie Mae Evans was often was found lying in her dirty bed with feces and soaking wet in urine while she was a resident from December 2007 until her death six months later.

There is no record of a state investigation into Evans' death.

"Nursing home care is often bad," Locatell said, "because oversight by the regulatory agencies is inadequate."

Should you believe that you or a loved one has been abused or neglected in a skilled nursing facility immediately contact Steven Peck's Premier Legal toll free at 1.866.999.9085 to talk to an experienced elder abuse attorney.

Please give credit for this informative article to Angela Woodall, of The Oakland Tribune.

Warning that more than 40,000 Western New York senior citizens may have fallen victim to financial scams costing them $15 million, U. S. Sen. Kirsten Gillibrand on Tuesday called for a series of measures to fight fraud and protect the vulnerable elderly.

New York's junior senator issued a report saying 500,000 senior citizens statewide have lost about $180 million to an array of investments, scams or tactics that specifically take advantage of older consumers.

Such activities include selling them complex products that may not be appropriate to their needs, lying about a financial adviser's expertise, deceiving them through mail, telemarketing or Internet fraud, and illegally trying to seize their government benefits to pay debts.

"Seniors have spent a lifetime saving and preparing for the golden years, and they deserve financial security and peace of mind," Gillibrand said. "But far too many seniors are being lured into investments, and getting scammed by criminals out of their savings and benefits."

Americans over 65 control nearly $15 trillion in assets, but face the challenge of making sure their accumulated savings last through their retirement, Gillibrand noted during a news teleconference. Since much of that wealth is investable, senior citizens are pitched complicated investment products, such as reverse mortgages and annuities, that may or may not be suitable.

To address the problems, the Democrat announced four bills she is sponsoring or co-sponsoring to crack down on financial fraud, increase awareness of criminal tactics, and tighten penalties for scammers.

She also unveiled plans for a series of financial literacy workshops across the state through the end of this year, with AARP and other groups, to teach consumers what to watch for.

"We can go through these areas where seniors are taken advantage of, and give them the tools they need one-on-one so they don't fall prey to these types of activities," she said.

First, her proposed Senior Investor Protections Enhancement Act would target those who sell unsuitable investment products, fail to disclose fees, charge large penalty fees or sell a product other than that which was marketed. New York insurance regulators are also considering adopting a separate rule to prevent unsuitable sales.

Perpetrators would be fined $50,000 for each violation. But she said the legislation would not interfere with legitimate investment advisers or sales.

Second, the Senior Investor Protection Act would take aim at the use by advisers of so-called "senior designations" -- certain credentials that are misleading and easy to get -- to lure seniors into fraudulent investments. The hope is to strengthen the criteria and training.

The legislation would provide $8 million in grants to states over five years, giving them resources to hire staff or buy technology to prosecute fraudulent investment advisers. The money also would help states train regulators and law enforcement to prevent scams, while distributing educational materials.

That would give states an incentive to adopt model rules developed by the North American Securities Administrators Association and the National Association of Insurance Commissioners. New York and most other states have yet to accept these rules, but Gillibrand called for that to change.

She also hopes states will register advisers and create a database that consumers can search to see who is licensed and what training they have.

Third, she is co-sponsoring the Illegal Garnishment Prevention Act to prohibit the Treasury Department from promoting the use of direct deposit for Social Security and Veterans benefits, until it enacts rules to prevent banks from enforcing "freeze" or collection orders on accounts with benefits in them.

U. S. law exempts such benefits from seizure by collectors to pay debts. But more than 80 percent of the 51 million Social Security recipients get their money electronically, not through checks. So banks say they can't tell what's in an account, creating a loophole allowing collectors to get court orders freezing or garnishing accounts.

From 2006 to 2007, nearly $180 million was collected from bank accounts that included Social Security funds, according to the Social Security Administration.

Last September, Gov. David A. Paterson signed the Exempt Income Protection Act, which went into effect in January to shield recipients of government benefits from illegal seizure. The new law sought to partially close the loophole by ensuring that the first $1,716 of any bank account, and the first $2,500 in an account with government benefits, cannot be frozen.

But Gillibrand said there's not enough enforcement, so banks and debt collectors ignore it.

Fourth, she's introducing the Senior Financial Empowerment Act to direct the Federal Trade Commission to set up a one-stop shop for consumer education on mail, telemarketing and Internet fraud against seniors, increase public awareness of the threat, and provide grants for prevention efforts.

Should you suspect that you or a loved one has been the victim of medical or financial elder abuse or neglect, then immediately contact Steven Peck's Premier Legal toll free at 1.866.999.9085 for a free consultation and join us on-line at www.premierlegal.org

Lawmakers and consumers testified on September 14, 2009 before a House subcommittee, calling for new, tough laws restricting the ability of companies to force customers into mandatory binding arbitration when disputes arise. The law could help protect consumer access to the courts in cases against nursing homes, banks, cable companies and other corporations.

Congress is currently considering two different pieces of legislation that would restrict forced arbitration clauses contained in many agreements consumers must sign to do business with companies in many industries critical to Americans' day-to-day life.

Representative Henry C. Johnson of Georgia has introduced the Arbitration Fairness Act, which would prevent all pre-dispute arbitration clauses that could be considered "forced" due to economic and social needs of the individual, and Rep. Linda Sanchez of California has introduced the Fairness in Nursing Home Arbitration Act of 2009, which would nullify all such clauses contained in admission agreements that prevent residents or family members from filing a nursing home negligence lawsuit or other claim in open court.

A report released on Monday by Public Citizen found that 75% of eight major industries require customers to sign pre-dispute arbitration agreements, including banks, cable/internet providers, home builders, and car dealerships. These agreements require customers to sign away their ability to go to court if they have been wronged, and most companies refuse to give customers information about their arbitration requirements until they are ready to agree to sign a contract.

Defenders of the practice object to calling the agreements mandatory, since consumers are not forced to sign the contract, and other clauses in contracts that people may not be familiar with are not considered to be mandatory. Stephen J. Ware, a professor of law at the University of Kansas, testified against passage of the bills, saying that pre-dispute arbitration prevents load on the court system, and that there are pre-existing laws which allow courts to nullify arbitration agreements which are unfairly utilized.

Critics of the practice say that when such agreements become ubiquitous in key industries, especially ones where people have little choice but to participate, then such agreements become de facto mandatory requirements.

"Checking a parent or other relative into a nursing home or other long-term care facility is a perfect example of a time when one party really has no real power or choice in the matter," Sanchez said in her testimony before the House Subcommittee on Commercial and Administrative Law. "For desperate families who are unable to provide adequate care at home, the need for an immediate placement for their loved ones makes the 'take-it-or-leave-it' choice no choice at all."

Contact Steven Peck's Premier Legal toll free at 1.866.999.9085 to talk to an experienced california elder law attorney and visit us on-line at www.premierlegal.org

Crimes against the elderly affect us all. Many of us have aging parents, relatives or friends who are potential victims. Whether they are victims of identity theft, fraud, physical or sexual abuse or mistreatment, we all need to be constantly aware of the danger these crimes pose.

Quite recently a crime of neglect and abuse was perpetrated against a 92-year-old woman. Although she was in a nursing home, she still fell prey to neglect and mistreatment. The frail victim was ultimately able to testify from her wheelchair, outlining the facts that led to the charge and ultimate conviction.

The nursing home and co-workers were instrumental in reporting the incident and assisting in the successful prosecution of the employee involved. They also acted with compassion and professionalism throughout the investigation.

Elder abuse is not just a local problem. It is a major concern nationwide and often is perpetrated by those closest to the victim. The National Committee for the Prevention of Elder Abuse reported in 2006 that: "Spiraling rates of elder mistreatment are reported by both practitioners and researchers. In a recent national study of Adult Protective Services, there were 253,421 reports of abuse of adults age 60 and older or 832.6 reports for every 100,000 people (older than) 60."

Realizing this problem, most states have increased the penalties for crimes against those older than 60. This age group was considered to be in a class of individuals who were at greater risk of being a victim of criminal behavior. Unfortunately, the elderly also are a group most reluctant to report abuse because of embarrassment, self blame or fear of the criminal justice system. Thus, it is suspected the incidents of elder abuse and fraud are much greater than we realize.

There are steps that we can take to protect our elder family members and friends. If they are in a nursing home, ask a lot of questions and visit frequently. Keep your eyes open for signs of malnutrition, cleanliness, variances in eating habits or anything else that tells you there are significant changes taking place. In the case of fraud, watch for the purchase of new items that might be expensive, as well as newly acquired friends spending an inordinate amount of time with the elderly person.

If possible, check phone records for frequent out-of-area calls and have a bank monitor excessive expenditures or automatic withdrawals. If anything is suspected as being out of the ordinary, begin asking questions, seek documentation when possible and report suspicious findings to law enforcement.

Our elderly are special and deserve our attention and care. If we provide the respect and compassion they deserve, they will continue to enjoy many happy and rewarding years.

Contact Steven Peck's Premier Legal toll free to talk to an experienced elder abuse and neglect attorney and visit us on-line at www.premierlegal.org

The abuse of Elders is some of the ugliest and most despicable abuse that no right-thinking or sane person would resort to. According to ethical thinking such abuses, which are aimed at mental and physical intimidation are often used by persons who are attempting to defame, humiliate, and destroy the self-esteem of another.

Abuse in its many forms have been defined as emotional and verbal. Mental abuse is the intentional infliction of anguish degradation , fear or distress; personal abuse when action is taken to purposely cause mental or physical pain; physical abuse means the intentional use of force that may result in bodily injury or pain and sexual abuse includes unwanted or inappropriate touching, rape, sodomy, sexual coercion, sexually explicit photographing, and sexual harassment.

Abuse of elders can include all or one special form of abuse .Presently in California a great deal of attention has been paid to eliminate elder abuse by creating awareness programs, establishment of Adult Protective Services and through various legislative enactments to protect the elder.

We often read of such abusers arrested and charged by the law enforcement authorities particularly because an authority is available to carry out investigations and take action or direct police action in instances of abuse.

Unfortunately in the other cases of abuse, such methods of easy recourse to a central authority is lacking and as such abuse of elders continues unreported and not punished.

Every year, a number of elders are abused in their own homes, in relatives' homes, and even in establishments responsible for their care. As elders become more physically frail, they are less able to stand up to bullying and or fight back if attacked. They may not see or hear as well or think as clearly as they used to, leaving openings for unscrupulous people to take advantage of them. Elder abuse tends to take place where the senior lives: most often in the home where abusers are apt to be adult children; Abuse of elders takes many different forms, some involving intimidation or threats against the elderly, some involving neglect, and others involving financial extortion.

Greater awareness should be provided by the authorities on how elder abuse could be prevented so that in the reality of an abusive situation when a person is at the receiving end he or she should be able to contact some authority established for this purpose who could speedily assist them and provide the necessary punitive action.

Steven Peck's Premier Legal can be contacted toll free 24 hours a day at 1.866.999.9085 to talk to an experienced elder abuse lawyer and visit us on line at www.premierlegal.org.

A college pole vaulter died earlier this week after missing the landing pad during practice at the University of California-San Diego. Leon Roach, 19, landed head first on concrete during a training jump Saturday. Roach immediately became unresponsive and was later pronounced brain dead at the hospital. A similar tragedy occurred just over a year ago near Seattle, Wash., when a high school athlete was critically injured. Ryan Moberg, 18, died after sustaining head and neck injuries when he missed the mat and landed on the ground during an indoor practice at DeSales Catholic High School.

It is just these types of injuries that previously led the National Center for Catastrophic Sports Injury Research at the University of North Carolina to label the pole vault the most dangerous sporting event. Reviewing statistics from 1983 to 2000, there were thousands of injuries, but most shocking was the fact there was an average of one pole vault-related death a year.

These types of stories are all too common. In 2005, head injuries sustained from a failed vault took the life of 16-year-old Floridian Jesus Quesada. Penn State vaulter Kevin Dare, 19, died after a fall during the Big Ten Conference Championships. Samoa Fili II, 17, died of head injuries from a fall suffered while his father videotaped him competing for Wichita (Kan.) Southeast High School.

Since his son's death, Ed Dare has been campaigning for helmets to become mandatory for all scholastic vaulters. Legislation is pending in some states to do exactly that, but there is resistance from some who say a specific vaulting helmet doesn't exist or there is no proof helmets won't cause new problems.

The pole vault is most dangerous due to the heights that are reached and the level of skill and difficulty that is involved to pull it off. Heights cleared commonly reach 15 feet for high school boys and the world's top women, while 19 feet is reached for the world's elite men. Often when a vault goes awry, the vaulter falls backward, completely out of control, and is unable to protect himself. In addition to head injuries, it is also very common to see fractures of the arms and legs as the vaulter hits the ground.

Should a loved on be the vicitm of a catastrophic injury please contact Steven Peck's Premier Legal toll free at 1-866-999-9085 to talk to an experienced catastrophic personal injury attorney and visit us on line at www.premierlegal.org

August 31, 2009 was D-Day for Barbara Porter, director of the Inland Empire Adult Day Health Care Center (ADHC) in Corona, Calif. That is when, due to recent state budget cuts, MediCal (the Medicaid program in California), will slash its funding level for users of ADHCs from five-days a-week to three.

"Our families are scrambling," said Porter. "I know of at least 10 elderly participants who will be put into nursing homes immediately because there is no one to care for them those two days they can't come here."

The Inland Empire ADHC is one of 340 adult day programs in California. An ADHC is a licensed MediCal-certified health facility that treats the health and other needs of older adults with multiple chronic conditions, such as Alzheimer's or Parkinson's disease. The centers provide an organized day program of therapeutic, social and health services, and offer a respite for families caring for loved ones who can't be left alone.

Because two days of the workweek have been cut, the options left for families are not easy. For most family caregivers, reducing their hours or quitting their job to provide care is not an option during these tough economic times. So many will either pay the ADHC out-of-pocket rate, hire a "sitter," put relatives in a nursing home, or risk leaving them home alone.

"Some of our participants require 24-hour care," said Porter. "Leaving them alone would be considered abuse."

The elders who come to the Inland Empire ADHC fall into two groups--those who have been developmentally disabled for most of their lives, and others struggling with the ravages of aging, such as dementia and other chronic illnesses.

"People come to us when Grandpa forgets and leaves the stove on, or when Grandma has a stroke and needs daytime care," said Porter. About 100 participants come to her center regularly.

Years ago, developmentally disabled adults seldom reached old age, however because of advances in treatments over the years, life expectancy is growing longer.

"Some of these people are over 60 and being cared for by aging siblings because the parents have passed on," Porter observed.

"Because people are living longer, it is not uncommon for us to see frail elderly children caring for sick elderly parents, or vice-versa."

"Our Son is Helpless"

Family caregivers, such as 63-year-old Corona resident Sandy Davis, depend on ADHCs to give them a break from the constant demands of caring for a severely disabled loved one.

Sandy's son Desmond, 36, suffers from a complex mental illness called schizoaffective disorder, which includes paranoid bipolar disorder and major depression.

To control the condition, Desmond takes a host of medications. However, prolonged use has caused medically induced Parkinson's disease.

"There have been times when Desmond has been hospitalized over 20 times in a single year," said Davis. "My husband and I assist him in taking his medication, eating, dressing and bathing. Our son is helpless."

Davis feels "blessed" to have a daughter and grandchildren who can help with Desmond's future care. For now, though, Inland Empire ADHC has given the family a respite from 24-hour caregiving and provided Desmond a chance to exercise and interact with others in a safe, medically controlled environment.

Davis is still employed, so her retired husband will have to pick up the slack during the additional two days. "I know Desmond will be disappointed," she says. "He loves the time he spends with friends at the day center." Family caregivers and advocates for elders are searching for alternative ways to counter the missing two days of service.

While some residents of more affluent coastal cities can afford to pay as much as $200 daily in out-of-pocket costs for adult day health care, many family caregivers in the Inland area cannot afford the $80-a-day rate the Inland Empire ADHC charges.

MediCal covers $76.50 per day for ADHC services, and $170 to $200 per day for nursing home care--so it will cost the state more if caregivers resort to putting their loved ones in nursing homes.

In addition, not all nursing homes accept MediCal. Some only allot a small number of beds to the low-income MediCal patients. Recently, in an impromptu survey of nursing homes within a 50-mile radius of the Inland Empire ADHC, Porter found only one MediCal bed available.

"I Can't Lose My Job"

The situation is especially grave for family caregivers in the Inland Empire, an area devastated with high unemployment and foreclosure rates. Porter reports, "Families are calling me crying because they don't know what they are going to do. Few can afford to pay because they are already dealing with housing and employment issues."

One family member in constant contact with Porter these days is "Louise," who asked not to be identified by her real name.

An office administrator for a nonprofit, Louise said her mother, 69, suffers from seizures and other repercussions from a stroke she had 17 years ago. She is completely disabled and requires constant care.

Louise is locked in a battle with her boss to restructure her workweek so she can care for her Mom on one of the two days she can't go to the center. "I want to work 10-hour days Monday through Thursday, so that I can stay home with my Mom on Friday's. My boss is not hearing it--she won't go for it because I manage the office and she needs me there all five days."

For the other eliminated day, Louise's grown daughter and high school-age son will care for their grandmother. "My daughter wants to move out of the house, but she can't because I need her help with Mom. She is able to cut some hours on her job to be here on Tuesday, until my son gets home from school. He can't participate in after school activities, because even when my Mom is at the center, they bring her home around 3 p.m., and he is the only one who can be home then."

All three women, Porter, Davis and Louise admit the situation could be much worse.

Gov. Schwarzenegger had initially recommended eliminating funding for ADHCs entirely, prompting family caregivers throughout the state to write impassioned letters to the State Budget Committee asking that the funding be saved.

The lost two days of MediCal funding for adults day health care resulted from a compromise between the governor and state Assembly Democrats.

In a conference call with ethnic media following the budget agreement, Assembly Speaker Karen Bass said her goal was "to prevent the proposed elimination of California's safety net" for families, children and seniors.

"The governor wanted to eliminate adult day care," said Speaker Bass. "We fought for it."

Still, California became the only state in the U.S. to cap ADHC at 3-days-per-week. In the short run the measure will save state an estimated $24 million. However, all agree that these savings will be lost if families are forced to place their loved ones in nursing homes.

Furthermore, experts warn that California is a long way from being out of the woods as property and income tax revenue continues to fall and social service needs rise. The hard-hit Inland Empire region is not expected to see economic recovery before 2011.

The current economic crisis has not only affected families using Inland Empire ADHC-- three of the center's staff members have lost homes to foreclosure this year.

Porter laments that times will get worse as families grapple with caregiving responsibilities, increased stress, and the strain if making ends meet.

"Caregiving burnout is high anyway and now it will only get worse," she said. "None of us knows where this is going to end," she said.
Contact Steven Peck's Premier Legal toll free at 1.866.999.9085 to talk to an experienced elder law attorney and visit us on line at www.premierlegal.org

Far too often, we hear about one of our neighbors or friends who has been neglected or harmed by a family member or mistreated while in some type of nursing care facility.

The problem of abuse of the elderly and adults with disabilities has become more widely recognized in recent times, and there are estimates that it may be as common as child abuse.

We all need to be aware of the care needs and well-being of the senior citizens in our community. We all need to investigate the abuse, neglect, and exploitation of an elderly or disabled person and to provide protective services for that person.

Their mission is to respond to suspected abuse by investigating those situations and providing or arranging for whatever services are needed to alleviate or prevent any further maltreatment. I know first-hand of the caring and professional attitude that the Law Offices of Steven Peck, California elder law and abuse attorneys, bring to work every day.

Annually, Adult Protective Services receives over 100,000 reports of abuse, neglect or exploitation of adults in California. Approximately two-thirds of those reports are confirmed.

So, if you are aware of a situation where abuse or neglect may be taking place, please call Steven Peck's Premier Legal toll free at (866) 999-9085 and relate what you know or even reasonably suspect so that they may immediately help you.

Steven Peck's Premier Legal (www.premierlegal.org) is staffed by experienced, dedicated, professionals. They evaluate all calls to determine what action is needed, and by whom. They do have the authority, in emergencies, to call law enforcement, emergency medical staff, or the fire department.

Abuse prevention of vulnerable adults is everyone's business, and reporting abuse is the law. The purpose of the law is to protect those age 65 or older, and those between the ages of 18 and 65 who have disabilities and are considered dependent adults.

Systemic elder abuse is a niche business. Judges, attorneys, government agencies, bankers, doctors and others in the system work together and use the elderly for personal and professional gain.

Competent elders are declared incompetent. Nursing home beds and in-home government care programs are filled with those who have families who want to provide care. Healthy elders are locked away in homes.

Property is confiscated. Bank accounts are looted. Paychecks are taken. Families are kicked out of their homes. Abusive family members, eager to go along with any scheme that can be expanded to include them, are courted.

Victims pay a high price, including separation from family, denial of needed medical care, and loss of freedom. Some victims are subjected to dehydration and starvation. Drugs keep others in a stupor.

Premature death is common. With the present system, we are sanctioning more government sponsored programs for the crooks to manipulate. We need to take immediate note as to what is going on out there!!!

Contact Attorney Steven Peck toll free at 1.866.999.9085 or visit him online at www.premierlegal.org to talk to an experienced elder abuse attorney.

Each year hundreds of thousands of older persons are abused, neglected, and exploited by family members and others. Many victims are people who are older, frail, and vulnerable and cannot help themselves and depend on others to meet their most basic needs.

What is elder abuse?

Elder abuse is an umbrella term referring to 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.

What did the 2004 Survey of State Adult Protective Services find?

The survey was funded by Administration on Aging and found:

A 19.7 percent increase from 2000 - 2004 in the combined total of reports of elder and vulnerable adult abuse and neglect;

A 15.6 percent increase from 2000 - 2004 in substantiated cases;

In 20 of the states, more than two in five victims (42.8%) were age 80 or older;

Most alleged perpetrators in 2003 were adult children (32.6%) or other family members (21.5%), and spouses/intimate partners accounted for 11.3% of the total (11 states responding).

What makes an older adult vulnerable to abuse?

According to the National Center on Elder Abuse, social isolation and mental impairment (such as dementia or Alzheimer's disease) are two factors that may make an older person more vulnerable to abuse. But, in some situations, studies show that living with someone else (a caregiver or a friend) may increase the chances for abuse to occur. A history of domestic violence may also make a senior more susceptible to abuse.

What should you do if you see or hear of abuse?

If you see someone being physically hurt or threatened with a weapon, call a law enforcement emergency line such as 911. Be part of their "safety plan," the National Clearinghouse on Abuse in Later Life recommends. A safety plan is created by the victim with the help of a professional. The intent is to plan for a victim's safety needs before another violent episode erupts. If you believe they are in immediate danger, call 911.

Are there criminal penalties for the abusers?

It is a violation of State and Federal law for any person, including facility staff, volunteers, visitors, family members or guardians, or another resident, to neglect or abuse a resident.
Although there are variations across the country, in most states there are several laws that address criminal penalties for various types of elder abuse. Laws vary state to state. Some states have increased penalties for those who victimize older adults. Increasingly, across the country, law enforcement officers and prosecutors are trained on elder abuse and ways to use criminal and civil laws to bring abusers to justice.

To learn more about the elderly:

Contact Steven Peck's Premier Legal to talk to an experienced elder abuse attorney toll free at 1-866-999-9085 and visit us online at www.premierlegal.org and:

• The National Clearninghouse on Abuse in Later Life has useful resources for preventing elder abuse.

• The Foundation Aiding The Elderly serves as a voice for patients and to bring about national reforms.

• The Administration on Aging website is designed to provide a comprehensive overview of a wide variety of topics, programs and services related to aging.

• You can locate elder care facilities throught the Eldercare Locator, a public service of the U.S. Administration on Aging.

Another person has been charged in a case of nursing home residents who were allegedly drugged against their will.

Kern Valley Hospital administrator Pamela Ott was charged Tuesday on eight felony counts of elder abuse for allowing staff to forcibly administer psychotropic medications to patients for their own convenience, rather than for their patients' therapeutic needs, according to a news release from the California Attorney General's office.

The druggings allegedly led to the deaths of three nursing home residents.

Three other people were charged in February for their alleged roles in the case. All of the defendants worked for Kern Valley Healthcare District's skilled nursing facility in Lake Isabella.

Former director of nursing Gwen Hughes, former pharmacist Debbi Hayes and staff physician Dr. Hoshang Pormir were arrested in February after a two-year investigation.

Medical complications, including lethargy and the inability to eat or drink properly, resulted from the forced medications, and three of the facility's residents may have died as a result, according to prosecutors. The patients who died were Mae Brinkley, 91; Joseph Shepter, 76; and Alexander Zaiko, 85.

Twenty-two patients were given high doses, and one surviving patient was greatly harmed, the investigation determined.

Hughes, starting in 2006, allegedly ordered staff to give high doses of psychotropic medications to Alzheimer's and other dementia patients to make them more tranquil and easier to control. Hughes allegedly ordered the medications be given to patients who argued with her, made noise or were otherwise disruptive.

In announcing the addition of charges against Ott, the attorney general's office said Ott hired and supervised Hughes and therefore is responsible, too.

"As hospital administrator, Pamela Ott was ultimately responsible for safeguarding the welfare of her patients," Attorney General Jerry Brown said in Tuesday's news release. "Instead, Ott abdicated her responsibility and allowed the staff of the Kern Valley Hospital to forcibly sedate patients who questioned their care."

Prosecutors said last month that former pharmacist Hayes was placed on probation and agreed to cooperate with the attorney general's office in its prosecution of the other defendants.

Contact Steven Peck's Premier Legal toll free at 866.999.9085 should you ever suspect the nursing home abuse and neglect of a loved one and visit us on line at www.premierlegal.org

As of September 1, 2009 significant changes to powers of attorney take effect in New York State. A power of attorney is an instrument authorizing someone to act on your behalf and can be a very effective tool in the event of disability and incapacity.

However, prior to the current changes in the law, powers of attorney were powerful tools that also led to cases of financial exploitation and abuse. While underreported, the annual financial loss by victims of elder financial abuse is estimated to be at least $2.6 billion. In addition, financial elder abuse has been characterized by experts as "the crime of the 21st century."

The statutory changes going into effect today are long overdue, and substantially remedy potential financial exploitation and abuse of the principal (the person granting the power of attorney) by the agent (the person getting power of attorney). The changes in the statute include:

If the principal wants the agent to have the authority to make gifts, additional requirements must be met, including execution and witnessing of a "major gifts rider."

Agents will now be subject to a "prudent person standard of care," with defined responsibilities. This requires keeping records (with receipts) of the agent's transactions.

There is an optional provision authorizing the principal to appoint a "monitor" to request and receive records of transactions by the agent.

The monitor, a government official and the guardian of the principal and other designated entities, may require the agent to provide the record of transactions and a copy of the power attorney on 15 days' notice.

A special court proceeding is now available for a number of purposes, including compelling the agent to provide the record and power of attorney; determining whether the power of attorney is valid; determining whether the power of attorney was procured through duress, fraud or undue influence; and even removing the agent upon the grounds that the agent who has violated, or is unfit, unable or unwilling to perform his or her fiduciary duties.

Most of these changes apply only to powers of attorney created on or after today. However, the provisions regarding fiduciary responsibilities apply to all powers of attorney.

These new provisions have important consequences for both the agent and the principal, requiring both to consider carefully and understand their respective rights and responsibilities prior to entering into the new power of attorney agreement. We hope these changes will effectively curtail the financial exploitation of our elders, who have placed their trust and finances in the hands of a loved one.

Should you believe that a loved on has been abused by one possessiong a Power of Attorney, please contact Steven Peck's Premier Legal toll free at 1-866-999-9085 to talk to an experienced financial abuse attorney or visit us on line at www.premierlegal.org.

For many nursing home residents, someone to talk to is all they need. An ombudsman, a member of a group of volunteer patient advocates who work with nursing home residents, is just that someone.

A managing local ombudsman for the Area Agency on Aging, said the volunteer ombudsmen work with 36 nursing facilities. Each volunteer is paired with a facility, and visits that facility approximately once a month.

"At the heart of the program, is patient advocacy. "They go and visit with residents, and speak on their behalf with the staff there," says California elder law attorney Steven Peck"It's about getting problems resolved before the state gets involved."

For example, Peck says, "if a resident is complaining about not getting enough water, the ombudsman would discuss this with the staff, and correct any substantiated issue. Any issues that cannot be resolved at the local level goes to the state level.

For the residents of the nursing facilities, Peck says, that facility is home. "It's all they've got," she said. The job of an ombudsman, then, is to make sure the quality of care received is up to standard.

In addition to helping the patients, the ombudsmen ensure that nursing home issues can be taking care of before the problems ascend to the state level.

Many if not most of the issues they see in nursing homes revolve around the staff. For some homes, the ebb and flow of staff members harms the overall care level. "I don't know if some are ready for the responsibility,"Peck Says. "It's not easy." Pay is also a concern, she said, as is training. Often, "homes are short-staffed."

Lack of awareness. "People aren't aware of the circumstances in nursing facilities," Peck says. "People that don't visit and have someone in the nursing home just don't understand." After putting a family member in a home, the level of awareness changes. "After you've had someone in there, you've had one you had to take care of ... you're so tired," "It's very depressing." "The elderly, are often neglected and helpless"

If it wasn't for ombudsman programs, nothing would be done in most instances. "The main thing is they just have someone who is on their side, someone who will listen to them and understand where they're coming from."

After that process, the complaint is either substantiated or not. If the former, a plan must be set up to decide how to address the issue; if the issue is marked as a deficiency, a plan of correction and prevention must be devised. "They accept or reject it," he said. If the plan is accepted, the deficiency is cleared.

Though ombudsmen focus on patient advocacy, they also work closely with the nursing home staff. "They try to get good communication,""They're good to call if they have a situation where we're not able to resolve the problem."

The ombudsmen can sit in on care meetings between patients and administrators, he said, and serve as another set of eyes for other issues. "Ninety-nine percent of the time abuse complaints can be easily resolved," Peck says.

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

Between 1 million and 2 million Americans age 65 or older have been injured, exploited, or otherwise mistreated by someone on whom they depended for care or protection. This is what the National Research Council Panel to Review Risk and Prevalence of Elder Abuse and Neglect found a few years ago.
In California and throughout the United States, certain people are required by law to report elder abuse. These people are known as mandated reporters and they include: RNs, LPNs, nurse practitioners, CNAs, MDs, chiropractors, medical interns and residents, certified massage therapists, physician assistants, occupational and respiratory therapists, radiology techs, pharmacists, dentists and hygienists, funeral directors and embalmers, optometrists, nursing home administrators, licensed professional counselors, social workers, speech-language pathologists, physical therapists, mental health service providers, emergency medical service providers, adult guardians and conservators, direct care providers, personal care workers and law enforcement officers.
Anyone, however, may report elder abuse. If you suspect an older person is being abused, please report it. You do not need to prove the abuse; professionals will investigate the suspicions. You may report anonymously.
In California, contact attorney Steven Peck of any suspected abuse medical and / or financial at (866) 999-9085. This toll-free number is available 24 hours a day. If you or someone you know is in immediate danger, call 911 or the local police or sheriff's department. To report suspected abuse in a nursing home or other long-term care facility, contact your region's ombudsman or area agency on aging.

What is elder abuse? Elder abuse takes many forms, including physical, emotional, and sexual. It also includes exploitation, neglect, abandonment, and self-neglect.
Physical abuse is the use of force to threaten or physically injure a vulnerable elder. Emotional abuse includes verbal attacks, threats, rejection, isolation, or belittling acts that cause or could cause mental anguish, pain, or distress to an older person. Sexual abuse is sexual contact that is forced, tricked, threatened, or otherwise coerced upon a vulnerable senior, including anyone who is unable to grant consent. Exploitation includes theft, fraud, and use of undue influence as a lever to gain control over an older person's money or property. Neglect occurs when a caregiver fails or refuses to provide for a vulnerable elder's safety, or physical or emotional needs. Abandonment is the desertion of a frail or vulnerable elder by anyone with a duty of care to that person.
Let us all be advocates for our older friends and family.