California Elder Law Attorney Blog

A caregiver was sentenced in October, 2009 to five years in prison for stealing more than $315,000 from a 92-year-old Laguna Woods woman by using the victim's debit card and forging checks from her bank account.

Susana Duran, 38, of Tijuana, Mexico, pleaded guilty to financial elder abuse by a caregiver, plus a sentencing enhancement for fraud over $250,000.

Duran was also ordered to pay restitution.

The elderly victim will receive more than $50,000 immediately, including $34,000 in bank account assets and $17,000 in cash found on Duran when she was arrested, according to a new release from the Orange County District Attorney's Office.

Duran started working as an in-home caregiver for the 92-year-old victim in January 2008, commuting from her home in Mexico and working shifts up to 24 hours at a time.

She stole the victim's debit card and personal identification number to make multiple daily cash withdrawals of $500 at a time, and to make purchases such as gasoline and a computer, according to Deputy District Attorney Marc Labreche, of the Major Fraud Unit.

Duran also forged 24 checks to herself and her husband for more than $137,000, LaBreche said.

The thefts were uncovered when Duran called in sick one day and another caregiver showed the victim a bank statement which had arrived that day in the mail.

Duran was arrested on Oct. 5 by the Orange County Sheriff's Department when she arrived for work at the victim's home.

Continue reading "Caregiver Sentenced to Five Years for Financial Elder Abuse" »

Currently pending in the U.S. House and Senate is the Fairness in Nursing Home Arbitration Act of 2009, which would amend the Federal Arbitration Act (FAA). This proposed law, if passed, will nullify mandatory arbitration clauses in admissions contracts for long-term care facilities. Supporters of the law are striving to protect this vulnerable population from exploitation by large corporations that want to keep elders out of court, where they can fight for their full legal and civil rights, and where damage awards might be much higher. Reasonable arbitration agreements could still be entered into later, but not as mandated parts of admission contracts.

Continue reading "Long Term Care Facilities Arbitration Clauses Will Be Nullified Should Fairness in Nursing Home Arbitration Act of 2009 Become Law" »

Several senators Wednesday introduced the Elder Abuse Victims Act to improve enforcement of elder abuse.

The bill is a companion to the Elder Abuse Victims Act (H.R. 448), which the House passed earlier this year. It would create federal grants for states and localities to establish elder justice positions or units, and to provide support for prosecutorial training on elder-abuse laws. The legislation also would provide funding for elder abuse victims advocacy groups. Under the bill, the Department of Justice would be required to establish more uniform procedures to improve the handling of elder justice matters.

Sens. Herb Kohl (D-WI), Patrick Leahy (D-VT), Barbara Mikulski (D-MD) and George LeMieux (R-FL) introduced the bill. It complements the Elder Justice Act (S. 795) and the Patient Safety and Abuse Prevention Act (S. 631), two other policies that address elder abuse. Provisions from the Patient Safety and Abuse Prevention Act are part of the Senate Finance Committee's healthcare reform bill.

Continue reading "Elder Abuse Victims Act Introduced to Improve Elder Abuse Enforcement" »

Placerville Pines Care Center has been fined $100,000 and received the most severe penalty under state law after an investigation found that inadequate care led to the death of a resident.

The Placerville facility got a AA citation from the state, according to Dr. Mark Horton, director of the California Department of Public Health.

The facility failed to adequately assess the patient and notify the physician when the patient's condition changed, the state said in a news release.

The state found that failure contributed to the death.

California has the statutory authority to impose fines against nursing facilities it licenses as part of enforcement remedies for poor care. State citations that require a civil monetary penalty be imposed are categorized as Class B, A or AA. The associated fines range from $100 to $1,000 for Class B, $2,000 to $20,000 for Class A and $25,000 to $100,000 for Class AA.

Continue reading "California Care Center fined $ 100,000.00 for Failure to Adequately Assess" »

The family of a 96-year-old woman who developed a bedsore on her lower back was awarded $161,264 on October 20, 2009, in a lawsuit filed against her caregivers, but two local doctors also named in the suit were found not responsible for any wrongdoing.

Caregivers Edwin and Jane Ingan -- owners and operators of 10 care facilities in the county -- were found to be negligent for their role in taking Marian Eileen Kengel to Robert Schingler, who wasn't her primary care doctor.

Jurors also returned a verdict finding that Schingler and Dr. Grace Crittenden, Kengel's personal physician, weren't negligent in prescribing the medication Haldol to Kengel.

Schingler, who's based in Los Osos, was accused of other violations, including battery and elder abuse against Kengel. Jurors cleared him of those charges.

Schingler prescribed Haldol to Kengel, who developed a bedsore while a resident at the Sunrise V care facility in Los Osos. Kengel's family alleged the wound was caused by her immobility and the drug acted as a chemical restraint.

The Ingans said they made a mistake in taking Kengel to Schingler and plan to be careful to check their emergency contact information in their residents' charts in the future.

The plaintiff's lawyers accused the Ingans of intentionally keeping Kengel's family in the dark by not seeking their consent before taking her to Schingler.

Jury foreman Cynthia Jenkins of San Luis Obispo said it was difficult for the jury to come to its decision after two days of deliberations. She said she felt concern for each of the parties involved in the suit.

"We didn't think anyone was intentionally malicious," Jenkins said. "We did think there was some carelessness (regarding the Ingans). But it was a tough spot for everyone."

Continue reading "California Jury Awards $ 161,264.00 in Elder Abuse Bedsore Case" »

Anyone who has signed a financial-incapacity document has to be squirming a bit over Brooke Astor's estate case.

Her son, Anthony Marshall, recently was convicted of stealing millions of dollars from Astor while she suffered from Alzheimer's disease before her death. Although the case largely centered on a contested will purportedly signed by Astor, other estate-planning issues also came into play.

One was a financial power of attorney signed by Astor that gave Marshall authority to direct her affairs if she became incapacitated - and the means to steal from her.
The episode provides a wake-up call for people who use financial powers of attorney. These legal documents can be highly effective in ensuring that someone else will be around to handle financial matters for you if you're alive but unable to do so - as in the case of mental incapacity.

A power of attorney can be as short as a page or much longer, depending on the detail desired. They're often included with a trust, will, health power of attorney (addressing medical issues) and other estate-planning documents.

For all the benefits of using a power of attorney to avoid a potential court-supervised conservator situation, there are pitfalls, too.

In particular, you need to trust the person whom you designate to act on your behalf. And you should make sure he or she is responsible, diligent and reasonably astute.

"They really are documents that people should pay extremely close attention to," says Steven C. Peck, an elder law attorney at Premier Legal in Los Angeles, California.

California state law includes civil and criminal penalties that could apply in cases of abuse, it's better to avoid all that by naming a suitable person to act for you - whether a spouse, relative, friend or professional adviser.

The Astor case might raise awareness of powers of attorney, like Terri Schiavo's terminal illness did for living wills, which specify one's wishes regarding life support.

The Astor case shows that without the power of third parties to review actions, these types of abuses can continue and will continue unabated.

Lawmakers are lobbying for the Uniform Power of Attorney Act, which has been adopted in five states. The act would provide for third-party reviews when a spouse, presumptive heir or someone else has reason to believe the designated "attorney" isn't acting properly. Someone could petition the court to review the person's conduct.

The act also addresses acceptance of powers of attorney by third parties such as banks, brokerages and title companies. As it is, such entities don't have to honor a financial power of attorney in many states. Firms might balk if a document is dated or suspicious for some reason.

Under the proposed act, if a power of attorney is presented in that state, then a third-party would have to accept it. A quick legal review could be requested if there's reason for any concern. or elder abuse.

The act presumes powers of attorney are "durable" and thus would remain in force after the person creating one becomes incapacitated, as is usually the intent. Also, it addresses portability by encouraging documents drafted here to be honored in other states, and vice versa. The act also cites various potential conflicts of interest and could be used as a guide by attorneys drafting these documents.

As the population ages and more people face incapacity, financial powers of attorney likely will become more prevalent.

Continue reading "Beware of Who You May Designate as Your Financial Power of Attorney" »

The Healthcare Reform Bill has made its way out of the Senate Finance Committee. While there has been much debate about this bill, most Americans simply don't know that the bill contains a provision that will protect older Americans from violence, abuse and neglect - it's called the Elder Justice Act (EJA).

Older Americans like New York socialite Brooke Astor (whose son was just convicted of stealing tens of millions of dollars from his aging and now deceased mother of 105 years), along with millions of others all over the country, share one thing in common; they are victims of a hidden yet growing crisis in America: elder abuse.

Elder abuse refers to intentional or neglectful acts by a caregiver or "trusted" individual that lead to, or may lead to, harm of an elder. In almost 90% of the elder abuse and neglect incidents with a known perpetrator, the perpetrator is a family member, and two-thirds of the perpetrators are adult children or spouses. And, it is estimated that for every one case of elder abuse, neglect, exploitation, or self-neglect reported to authorities, at least five more go unreported.

Financial exploitation is one aspect of elder abuse. Financial elder abuse has been characterized by some experts as "the crime of the 21st century." Every year elder financial abuse robs older Americans -- along with those who would inherit the wealth -- of at least $2.6. billion. Every year medical care and services for elder abuse victims costs America more than $13 million. And with the graying of America, every year, these figures will undoubtedly grow.

Whether it's losing a few precious dollars for everyday living or an entire life savings, one thing is documented - a victim of any kind of elder financial abuse is never the same after the abuse occurs.

Sadly, stories like this are common in nearly every zip code in America. According to the best available estimates, up to five million Americans aged 65 or older have been injured, exploited or otherwise mistreated, largely by someone on whom they depended for care or protection.

The EJA will do more than protect our parents and grandparents from financial or material exploitation - it will also protect them from physical, sexual, emotional, psychological abuse, as well as abandonment, neglect, and self-neglect. Currently, there are federal laws governing domestic violence and child abuse, but none related to elder abuse. The Act has been under consideration by Congress for years, but never as close to passage as it is now. The Act would finally provide the increased federal resources and leadership to prevent, detect, treat, understand, intervene in and, where appropriate, prosecute elder abuse.

If passed, the EJA will be the first time our country has made a national statement about the right of older Americans to be free from abuse, neglect and exploitation. The EJA will also provide federal resources that would help prevent elder abuse -- protecting both the older Americans of today, and laying the foundation for the future for all of us, who are assured of at least one thing in our life-- aging.

Continue reading "Elder Justice Act (EJA): A National Statement Concerning Elder Abuse and Neglect" »

Governor Schwarzenegger has signed AB 1457 into law, which is a measure to confront the failing quality of care in nursing homes created by the lack of transparency in the ownership and management structure of these facilities.

AB 1457 will require each licensee of a skilled nursing facility to disclose with each abbreviated contract of admission the name of the owner and licensee for the facility and the name and contact information of a single entity that is fully accountable for all aspects of patient care and the operation of the facility. In addition, to ensure that existing residents of such facilities are notified of this information when there is a change of ownership, the bill requires written notification to all current residents and to their primary contacts listed on the admission agreement. The California Department of Public Health indicates that from January 1, 2007 through December 31, 2008, it received 135 Skilled Nursing Facilities change of ownership applications, and it approved 115.

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

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

"The California Legislature and the Governor understand the special attention to the needs and problems of elderly persons. AB 1457 provides California an opportunity to address a serious problem detailed in dozens of investigations by reports in the media. Each resident should know who is in charge of delivering services in every facility. This measure will require appropriate notification which will help ensure quality care in nursing homes," Assemblyman Davis concluded.

Continue reading "Schwarzenegger Signs Quality of Care Bill for California Skilled Nursing Facilities" »

The Michigan House of Representatives on Tuesday, Oct. 12, 2009 passed a plan sponsored by State Representatives Mark Meadows (D-East Lansing) and Dian Slavens (D-Canton) that will create the "Mozelle Alert" to notify the public in cases of missing endangered seniors, similar to the Amber Alert.

The "Mozelle Alert" is named in honor of Estella Mozelle Pierce, a senior who died after wandering from her Southwest Detroit home.

"The tragic case of Estella Mozelle Pierce shows how much of a need there is for these strong protections for our seniors," said Meadows, a sponsor of the plan.

"As someone who had a similar experience in my family, I know firsthand how important a program like this can be for families. More than five million Americans suffer from dementia, and with an Amber Alert-style program, we can keep our loved ones safe."

The House plan, which now heads to the Senate, is part of a larger effort to strengthen consumer protections for seniors and increase penalties for those who financially exploit them.

The Elder Abuse Protection Plan, which the House began moving in August, increases penalties for those who cheat or defraud seniors and empowers concerned citizens to file criminal complaints to stop and prevent abuse cases in nursing homes and elsewhere.

The plan also strengthens consumer protections by requiring financial institutions to do more to disclose the rights of seniors and create new safeguards against fraud.

"Elder abuse is a heinous and underreported crime, and we need a plan to stop it," said Slavens, Vice Chair of the House Senior Health, Security and Retirement Committee.

"As a health care professional for more than 20 years, I know how difficult it can be for victims to come forward after suffering physical and emotional trauma.

More needs to be done to shield Michigan's seniors from financial and physical abuse, often committed by the very people who are responsible for their safety.

Our seniors worked hard all of their lives to provide for their families and they deserve our support. This plan will add new protections to safeguard our loved ones."

Continue reading "Michigan Adopts Plan to Notify Public in Cases of Missing Endangered Seniors" »

An arrest warrant has recently been issued for an in-home caregiver on allegations she stole nearly $100,000 from a Fairfax couple in their 90s, police said Wednesday.

Jane Macam McClellan, 48, is wanted on suspicion of financial abuse, embezzlement and forgery and is apparently on the lam, according to Fairfax police Sgt. Stuart Baker.

Baker said police attempted to arrange her surrender through a defense attorney in contact with McClellan, but the effort fell through. Now investigators fear McClellan might have found new clients to target, he said.

McClellan's lawyer, Anthony Lowenstein, said his client can explain the discrepancies and that he repeatedly offered to bring McClellan to the police department for voluntary questioning. But Fairfax police failed to set up a meeting and instead forged ahead with criminal charges, after which it was against McClellan's best interests to talk to them, Lowenstein said.

"This whole thing is specifically due to the Fairfax Police Department's complete incompetence," he said. "The Fairfax Police Department is a frigging joke, a frigging joke of an organization, and you can quote me on that."

Lowenstein, who said he spoke to McClellan on Wednesday, said he expects she will appear for an initial court hearing scheduled for Oct. 20.

The Fairfax couple, a 98-year-old woman and her 92-year-old husband, employed McClellan for about six months ending in August, when the couple's family found financial irregularities and fired her, police said.

"The family discovered the problem when they started getting bounced check notifications from the bank," Baker said. "They started looking into it and realized the entire savings was gone."

McClellan allegedly used the couple's credit cards and also spent their money to hire her own family members for housekeeping work, Baker said. In addition, McClellan allegedly increased the couple's reverse-mortgage payments to help disguise the effects of her spending.

"They had just barely enough to keep their own finances going," Baker said. "She basically took over their finances, ripped them off for almost $100,000."

Lowenstein said the case is "simply a misunderstanding" and that no money was used without authorization.

"There's completely an innocent and innocuous explanation," he said. "I'll get more specifics as the case progresses."

The Fairfax couple hired McClellan on the recommendation of a previous caregiver. Nick Trunzo, director of the county's Division of Aging and Adult Services, said there is no state or local licensing requirement for in-home caregivers.

"No one has to be licensed to be a caregiver, per se," he said. "It tends to be, in many cases, informal. People aren't required to be licensed."

Police said McClellan's place of residence is unclear, but that she has family ties in Marin and Contra Costa counties. She could be driving either a teal 1994 Pontiac Firebird, license plate 4VSZ752, or a green 2003 Pontiac Sunfire, plate 5EVW172, possibly to drive or pick up her children at Kent Middle School, police said.

Continue reading "In Home Caregiver Arrested for Alleged Financial Elder Abuse" »

The Governor has signed Assembly Bill 215, legislation that will help families seeking a nursing home for a loved one by requiring skilled nursing facilities prominently to post quality of care ratings. The bill, jointly authored by Assembly members Mike Feuer (D-Los Angeles) and Cameron Smyth (R-Santa Clarita) enjoyed strong bipartisan support throughout the legislative process.

"Families trying to choose a nursing home for their loved ones need more information so they can compare quality of care information and make the right decision," said Feuer. "Soon nursing homes will post their federal ratings, and families confronting this very difficult choice will be better informed. Most important, their loved ones will be better protected."

"I'm pleased that Governor Schwarzenegger recognizes the value of providing information on nursing home ratings to seniors and their families. AB 215 is important consumer protection legislation, and I'm proud to have joined Assemblyman Feuer in this bipartisan effort," said Smyth. "We were able to bring together members from both sides of the aisle, as well as stakeholders on all sides of the issue, in order to craft legislation that benefits all Californians."

AB 215 requires long-term health care facilities that accept Medicare or Medicaid to post the federal Center for Medicare and Medicaid (CMS) star rating in a visible, public location. Overall federal CMS ratings are based on health inspection results, staffing levels, and quality measures. The public can obtain this information through the CMS Nursing Care Compare website (www.medicare.gov/NHCompare/home.asp). A posted rating will provide more information to patients, residents, and visitors to nursing homes who are unaware of the ratings or who have limited internet access.

AB 215 is part of a three bill package by Feuer protecting vulnerable seniors from exploitation and abuse, all of which Governor Schwarzenegger signed into law this year. In August, the Governor signed AB 392, immediately restoring funding to local Long-Term Care Ombudsman programs to ensure nursing home abuse cases are investigated. He also signed AB 329, legislation that will give significant rights to seniors contemplating reverse mortgages.

AB 215 goes into effect on January 1, 2011.

Assembly member Feuer has fought for nursing home patient rights since serving as Executive Director of Bet Tzedek Legal Services, the House of Justice. During his tenure, Bet Tzedek provided free legal representation to more than 50,000 primarily aging or disabled clients on nursing home patients' rights, elder abuse, Holocaust restitution, slum housing conditions, access to medical care, consumer fraud and other critical issues.

Continue reading "Nursing Homes Will Now Have to Post Quality of Care Ratings in California" »

An Indiana woman contesting a local elder advocate's guardianship of her father said in court Tuesday she should be permitted to visit him because she is his "solace and comfort."

Beverly R. Newman, of Indianapolis, asked Circuit Judge Paul E. Logan to allow her to care for her father, 89-year-old Al Katz, until an Oct. 26 hearing to determine permanent guardianship. Failing that, she asked for the right to visit him at least three hours per day.

"The state of Florida is supposed to try and keep families together, not split them apart," Newman told the judge.

Newman has been allowed no contact with Katz since Sept. 24, when he was placed in the psychiatric ward at Manatee Memorial Hospital by doctors and Aging Safely, the local public guardian, according to a motion filed by Newman.

Newman and her husband, Lawrence T. Newman, have filed a motion to vacate Aging Safely's emergency guardianship of Katz, awarded Sept. 18 by Judge Janette Dunnigan, because Beverly Newman was not listed as next of kin on court documents nor informed of the emergency guardianship hearing.

Erika Dine, Aging Safely's attorney, told Logan that Katz's health care surrogate, Jackie Steuerwald, of Indiana, is opposed to Newman visiting Katz. And Aging Safely representative Ashley Butler testified that Katz told her he did not want to see his daughter.

Logan continued the hearing until 1:30 p.m. today. After the hearing, the two sides met in hopes of coming to a visitation agreement to submit to the judge. But Newman rejected Dine's proposal of a one-hour, three-day-per-week visitation agreement and insisted on daily access to her father.

Steuerwald, a registered nurse, was given Katz's health care power of attorney after Katz left the Newmans' care in Indiana on Sept. 10, 2008, according to testimony. He eventually moved to Bradenton to live with his girlfriend, Beverly Ervin, court documents show.

Dine also questioned Newman about a lawsuit she filed against her father in 2008 after Katz locked up the Newmans' belongings in his Indianapolis home. Katz then filed a countersuit against Newman.

"Could it be that your father didn't want to speak to you, based on the litigation that was going on?" Dine asked.

Newman said her relationship with her father has been dependent on the attitude of his girlfriends and whether they seek to isolate him from her. Ervin kept Katz from his family, Newman said, but it didn't change her desire to help him.

"The love is still there; the care is still there," Newman said.

Katz, a snowbird who has spent the past 26 winters in Bradenton, spoke to Manatee County schoolchildren as recently as 2006 about surviving the Holocaust and working in slave labor camps.

He was admitted to Blake Medical Center in early September due to "confusion, agitation and bronchitis," according to Aging Safely's guardianship filing. Katz did not appear in court Tuesday. According to Butler, he is under 24-hour care for severe anxiety disorder, heart problems and hallucinations.

Continue reading "Elders Should be Allowed Visitation and Access Unless Legally Unwarranted" »

Powers of attorney are regulated by state law and those laws vary substantially. In 2006, the Uniform Law Commissioners (ULC), who draft and propose model laws, approved the Uniform Power of Attorney Act. Among other goals, the UPOAA aims to promote autonomy and prevent, detect and redress power of attorney abuse.

Some of the key provisions of the UPOAA that benefit and protect people who execute POAs include:

The clear statement of an agent's duties, including the agent's responsibility to act in good faith, within the scope of authority granted, and according to the principal's known expectations or best interest--as well as more specific duties such as preserving estate plans and cooperating with health care proxies;
Stringent requirements for exercising "hot powers"--those with a high propensity for dissipating property or altering an estate plan;
The provision that a third party may refuse to honor a POA when the third party reports suspected abuse to an adult protective services agency or knows that someone else has made a report; and
Liability of malfeasant agents for damages, attorney's fees and costs.
How Do the States Measure Up?
While two states--New Mexico and Idaho--have enacted the UPOAA, a careful comparison of current state POA statutes with the UPOAA shows that a large majority of state laws lack most of the UPOAA's protections for individuals creating powers of attorney. For example, at the beginning of 2008:

Only four states had provisions regarding an agent's mandatory duties that are identical, equivalent or substantially similar to Section 114(b) of the UPOAA.
Only eight states had provisions requiring specific grant of the "hot powers" that are identical, equivalent or substantially similar to Sections 201(a) and 301 of the UPOAA.
Only four states had provisions on agent liability that are identical or equivalent to UPOAA Section 117.
What States Can Do
State legislatures can adopt the UPOAA, in whole or in part. The full report includes tips for enacting the UPOAA provisions that protect against power of attorney abuse or promote autonomy. The text includes a list of stakeholders who may want to collaborate in the study and recommendation process.

Continue reading "State Regulation and the New Uniform Power of Attorney Act" »

A power of attorney (POA) is a legal document used by an individual to allow someone else to act on their behalf. It is commonly recommended by attorneys as a tool for planning for incapacity because a trusted person can stand in for an individual who can no longer make or communicate financial decisions. When used for planning, the POA generally is "durable," meaning it continues if incapacity occurs.

While POAs enhance autonomy by authorizing a trusted person to act and avoiding court appointment of a guardian, they also confer a great deal of authority without regular oversight or clear standards for agent conduct. Advocates for older people often call the POA a "license to steal." While there are no national data on the incidence of POA abuse, adult protective services and criminal justice professionals report an explosion of financial exploitation cases of this type.

POA abuse takes many forms. An agent may spend the principal's money for self-dealing purposes, such as buying him- or herself a car rather than paying for the principal's nursing home care. The agent may exceed the intended scope of authority by, e.g., making gifts of the principal's property when that power hasn't been granted. The principal's estate plan may be undermined when assets are given to unintended recipients. The power of attorney itself may be a fraudulent document or a forgery.

Continue reading "What is Power of Attorney Abuse?" »

A 33-year-old Stockton man was booked into the San Joaquin County Jail on suspicion of attempted murder and elder abuse Saturday after authorities said he pushed down a 72-year-old woman with whom he lives and hit her head with a piece of rebar.

The San Joaquin County Sheriff's Office said in a report Sunday that the man, Shawn Patric McPherson, lived at the woman's home, in the 11000 block of North Alpine Road, to help her with yard work and horses on the property.

According to the report, McPherson about 7:30 a.m. Saturday pushed the woman to the ground outside the home about three times, bruising her knees and breaking a finger on her right hand. When she stood after her third fall he hit the back of her head with a piece of one-inch thick rebar, causing an arterial bleed, according to the report.

The man then stood over the woman, who talked him out of hitting her again, according to the report.

McPherson took the woman to Lodi Memorial Hospital, where she required about 10 stitches in the back of her head, the report read.

Deputies were dispatched to the hospital, then found McPherson at the Alpine Road home, the report read.

McPherson resisted arrest, and deputies used a stun gun on him, according to the report.

The relationship between McPherson and the woman was described in the report as that of roommates. A Sheriff's Office spokesman did not return a telephone call Sunday for comment.

Continue reading "Man Accused of Attempted Murder and Elder Abuse" »

Even if you have never been the victim of a fraud or scam artist, chances are you know someone who has.

What it means, according to federal and state fraud prevention experts, is that the scammers typically target older Americans who are nearing -- or already in -- retirement.

The criminals also have their sights set on the estimated 72 million baby boomers -- the leading edge of which turned 62 last year -- many of whom have socked away sizable retirement nest eggs through 401(k) plans and other personal accounts.

And do not pooh-pooh the notion that it cannot happen to you, police and other fraud experts say.

Fraud and scam victims can be anyone -- you, a relative, a neighbor, a friend, a co-worker.

A lot of people don't want to admit they have been defrauded or scammed, , There's no average profile. They're young and old, but I definitely think seniors are targets. A lot of scammers think they have nest eggs. And that generation ... they're nice and trusting -- they were raised to be polite. They want to believe something is true.

In the case of investment fraud, recent research compiled by FINRA Investor Education Foundation blows away the stereotype of investment fraud victims as isolated, frail and gullible. Do you know anyone who meets the following description: self-reliant decision-maker; above-average financial knowledge; college-educated; experienced a recent health or financial setback; open to new ideas or sales pitches?

But fraud experts -- like those at the FINRA foundation who compiled fraud prevention tips -- say the trick is figuring out when "good" becomes "too good," because fraudsters and scammers make their living by promoting or offering deals that seem both good and true, in some cases using the same tactics that legitimate and honest marketers use. The difference is, of course, honest deal brokers will be in their bricks-and-mortar offices or residences tomorrow or are registered and licensed with state and federal agencies.

Fraudsters are masters of persuasion, experts agree, that they tailor their pitches to match the psychological profiles of their targets. They look for an "in," that is, by asking seemingly benign questions -- about your health, family, political views, hobbies or previous employers -- just to keep you talking. When they begin to sense you may be vulnerable, they bombard fraud victims with "influence tactics," leaving even the savviest person in a haze. Among those tactics are 1) dangling the prospect of riches (by saying things like "These gas wells are guaranteed to produce $6,800 a month in income"); 2) building consensus ("This is how so-and-so got rich" or "My mother uses this product"); 3) granting reciprocity ("I'll give you a break on my commission if you'll buy now -- half off"); or 4) mentioning scarcity of a product or service ("There are only two of them left, so I'd put some money down now").

One of the things they like to do is rush the victims,The thing to do is step back, take a minute, ask friends about it and consider that you might be thinking, 'Yeah, that doesn't sound right.' Get someone else involved.

Some of the scammers do not live in the United States and are, thus, out of American law enforcement's reach, Windham noted, adding, that the absence of extradition treaties emboldens criminals.

Continue reading "Seniors: The Typical Targets of Fraud and Financial Elder Abuse" »

As the baby boomers begin to age, the issue of abuse of the elderly has become an important topic. In California, the law requires any person who believes that an elderly adult or one with disabilities is being abused, neglected or exploited to report the circumstance to the police or adult protective services.

Once reported, APS will investigate allegations of abuse, neglect and exploitation in facilities that care for adults, including private homes, adult foster homes, unlicensed room and board, state facilities and community centers that provide mental health and mental retardation services, home health agency staff and exploitation in nursing homes when the alleged perpetrator is someone outside the facility. If there is abuse or neglect occurring, APS may take steps to notify the local courts that a Guardianship or conservatorship may deemed legally be necessary.

Guardianship is a legal process used to provide protection for adults who are incapacitated. The Probate Code defines an incapacitated person as "An adult individual who, because of a physical or mental condition, is substantially unable to provide food, clothing or shelter to himself or herself, to care for the individual's own physical health, or to manage the individual's own financial affairs." Usually these elderly have severe memory loss, dementia and cognitive impairments that seriously jeopardize their health and well-being. Many of these elderly have experienced self-neglect, physical abuse or financial exploitation.

A guardian is appointed only when it has been determined that the elderly lacks decision-making capacity and must have a surrogate decision-maker appointed to advocate for services and give informed consent for medical procedures.

Abuse of the elderly is not always easy to tell, as many adults that are being subjected to abuse, neglect or exploitation are embarrassed or unable to express that abuse is occurring. It is important that people surrounding the elderly take notice of:

*specific signs of abuse, such as bruises, pressure marks, broken bones, abrasions and burns that may be an indication of physical abuse;

*neglect or mistreatment, unexplained withdrawal from normal activities; a sudden change in alertness and unusual depression may be indicators of emotional abuse;

*bruises around the breasts or genital area can occur from sexual abuse;

*sudden changes in financial situations may be the result of exploitation;

*bedsores, unattended medical needs, poor hygiene and unusual weight loss are indicators of possible neglect;

*behavior such as belittling, threats and other uses of power and control by spouses are indicators of verbal or emotional abuse;

*strained or tense relationships, frequent arguments between the caregiver and elderly person are also signs.

Continue reading "Baby Boomers and Elder Abuse: The Duty to Report" »

Fraud targeting our elderly is increasing, according to a recent report. The criminals may be relatives of the senior citizen, or just someone who they trust.

In a recent report, crimes against the elderly in the Detroit region included the robbery of an 84-year-old man in his home by two men who said they were utility workers, and a daughter who stole tens of thousands of dollars in a few months from her mother. Her mom had saved the money to pay for residence in an assisted living home.

According to the report, the elder population is a little less than a quarter of Michigan's total. But crimes against them recently have been nearly a third of the state's total.

Many elderly are a little lonely and happy to engage with friendly types. Some are more gullible and naive, even if they were less so when they had many more daily interactions with others.

Criminals see them as easy marks. So do too many relatives, especially when jobs and incomes are dwindling along with caring, respect and morality for seniors.

State Sen. Dennis Olshove, D-Warren, is proposing increasing penalties for those who defraud seniors, perhaps to a maximum of 20 years in prison and three times the amount stolen. House Bill 5011 is cosponsored by Oakland County Democrats Vicki Barnett of Farmington Hills and Vincent Gregory of Southfield.

It should be passed, but preventive measures also are needed.

Fraud, embezzlement and outright robbery against the elderly are a subset of a larger issue, from physical abuse - sometimes even sexual - to neglect, browbeating and bullying.

Health-care providers, social workers, law enforcement employees and even school officials have a legal obligation to report all forms of elder abuse.

The rest of us have a moral one to watch out for the older people among us.

While one sign does not necessarily indicate abuse a pattern of tell-tale signs could indicate elder abuse.

Bruises, pressure marks, broken bones, abrasions and burns may be an indication of physical abuse, neglect, or mistreatment. Unexplained withdrawal from normal activities, a sudden change in alertness and unusual depression may be indicators of emotional abuse. Bruises around the breasts or genital area can occur from sexual abuse.

Sudden changes in financial situations may be the result of exploitation. Bedsores, unattended medical needs, poor hygiene, and unusual weight loss are indicators of possible neglect. Behavior such as belittling, threats and other uses of power and control by spouses are indicators of emotional abuse.

Readers can help get the message out to our older family and friends to watch out for fraud schemes and abuse.

They can talk to the senior folks in their families, friends at church and the neighbors next door.

We're heard often enough in recent decades that it takes a village to raise a child. Have we forgotten it takes that same village to care for our elderly?

Continue reading "Fraud and Elder Abuse: We Must Protect our Elder Loved Ones" »

Brooke Astor's son Anthony Marshall was convicted of tricking his late mother out of millions, and changing her will while the New York City socialite was incompetent and suffering from Alzheimer's in her final years.

The defendant, his wife, the lawyers, the friends, the matriarch and the money.After more than five months in criminal court, jurors convicted 85-year-old Marshall of 14 criminal counts, including fraud and grand larceny. Co-defendant Francis Morrissey, Astor's estate lawyer, was found guilty on all six counts of conspiracy, scheming to defraud and forgery.

The verdict comes as a surprise, after reports of upset jury members and a possible mistrial swirled, as the jury entered their 12th day of deliberation. The jury said that the verdict was reached unanimously.

Astor was the epitome of high society in New York and a respected philanthropist donating about $200 million to city landmarks such as the Metropolitan Museum of Art and the New York Public Library. She died in August 2007 at the age of 105.

The trial brought to light what prosecutors say was a tragic end for the New York City socialite, whose mental state had deteriorated to the point where she could no longer recognize her own family.

Marshall, who could spend a minimum of one year and up to 25 in prison, faced the judge and then the jury as the verdict was read. His wife Charlene Marshall, who was cast as the villain in her husband's trial, sat silently. His sentencing is scheduled for Dec. 8.

Continue reading "Elder Abuse Also Prevails In High Society" »

Illinois Attorney General Lisa Madigan has called on state public health officials to overhaul their approach to protecting seniors and disabled adults who live in nursing homes alongside mentally ill felons.

In a blistering letter to the director of the Illinois Department of Public Health, Madigan demanded beefed-up inspections and better data-keeping of criminal activity inside the homes. And she said the department must enlist the help of state police to immediately review the criminal history of every felon living in Illinois nursing homes.

In Illinois, law enforcement and the nursing home industry have failed to adequately manage the influx of younger, mentally ill offenders. The state's background checks, designed to identify dangerous residents so they can be properly monitored, often fell short by missing ex-convicts' violent crimes and downplaying their risks to others.

Countless audits and reprots have "exposed shocking and unconscionable gaps in (the public health department's) implementation of the law and a disregard for its role as chief regulator of Illinois' nursing homes," Madigan wrote in the letter to department director Damon T. Arnold.

Madigan's office has no direct authority to mandate changes in other state agencies. But her voice is crucial because as the state's top law enforcement official, she has investigated substandard nursing homes and pressed for the 2006 state law requiring criminal background screenings for all new admissions.

Madigan said health inspectors and state police should quickly launch a series of unannounced visits to troubled facilities, including those housing dangerous mentally ill offenders. The health department, which is principally responsible for inspecting nursing homes and ensuring resident safety, should halt the operations of facilities that fail to comply with patient protection laws, she said.

Separately, Gov. Pat Quinn's office announced that his new Nursing Home Safety Task Force will hold its first meeting Thursday at the downtown Thompson Center and simultaneously at the Capitol in Springfield.

The task force, which also was formed in response to a Chicago Tribune series, includes the health department and other state agencies responsible for nursing-home safety.

But Madigan said state health officials shouldn't wait to adopt reforms. "A task force should not be needed ... to require (the health department) to comply with and enforce the laws that are designed to protect nursing home residents," she wrote. "Until (the health department) fulfills its statutory responsibility to aggressively regulate these facilities, residents will remain at risk."

The health department defended its safety record, saying in a written statement that it "regulates long-term care facilities to the fullest extent permitted by current state law."

But department officials said they would support "stricter laws and resources to aid in better regulating the long-term care system and will continue to work with all state agencies and the Nursing Home Safety Task Force."

The Tribune series detailed cases in which elderly and disabled nursing home residents were allegedly assaulted, raped and even murdered by mentally ill criminals who also lived in the facilities.

More than any other state, Illinois relies on nursing homes to house mentally ill patients, including younger adults with criminal records who cycle into the facilities from jail cells, psychiatric wards and homeless shelters. Younger felons qualify for nursing homes if they have a mental illness or physical disability.

People with a primary diagnosis of mental illness now comprise more than 15 percent of the state's 92,225 nursing home population, the Tribune found. Those with felony convictions now total 3,000, including 82 convicted murderers, 179 sex offenders and 185 armed robbers.

The state's incomplete and often misleading criminal background checks have been performed under contracts worth $1 million a year by companies with ties to the health department, the Tribune reported.

Madigan's letter demanded that the health department perform a top-to-bottom audit of those assessment contracts. "The criminal history analysis and reports are untimely and incomplete and, as a result, are putting residents at risk," she wrote.

Continue reading "Illinois Seeks to Overhaul its Approach to Protecting Elders and Dependent Adults" »

A San Diego County nursing home has received the most severe penalty under state law after an investigation concluded that inadequate care led to the death of a resident.
California Department of Public Health director Dr. Mark Horton said Wednesday that the Fallbrook Hospital District Skilled Nursing Facility received a "AA" citation and a $90,000 fine from the state.

Horton says the facility failed to implement a plan of care to prevent a resident's injury. A fall resulted in complications that led to the resident's death.

The facility can appeal the decision.

A phone message left after business hours with the facility was not immediately returned.

Continue reading "San Diego Nursing Home Receives Severe Deficiency Citation" »

A caretaker was arrested recently on suspicion of stealing more than $35,000 from a 92-year-old woman she had been hired to care for, Sheriff's Department officials said. The money was sent to the caretaker's family in Mexico and used to open up bank accounts and other financial accounts, authorities said.

Susana Duran, 38, is being held in the Orange County Jail in lieu of $100,000 bail, according to county court records.

Duran had worked for the woman since June, according to sheriff's investigators. Money started disappearing almost immediately, said Jim Amormino of the Orange County Sheriff's Department.

Grabbing the woman's ATM card and personal ID number from her nightstand, officials allege, Duran withdrew $1,000 at a time and deposited the money into her own accounts, Amormino said. Duran is also accused of using the woman's credit cards to buy things for herself over the phone, Amormino said.

Money was transferred from the woman's trust funds into the bank account to help hide the withdrawals, Amormino said.

Investigators are tallying the losses, but the stolen amount could be more than $100,000, Amormino said.

When Duran called in sick one day last month, another worker took her place. When the mail arrived at her charge's home, the replacement showed the client a bank statement. Amormino said Duran had been hiding the woman's bank statements from her to cover up the missing money.

Upset about the missing money, the client called the company that had placed Duran in her home, Amormino said. The company called the Sheriff's Department to report the complaint, he said.

Duran was put on three years of probation and ordered to pay restitution after she pleaded guilty in 2004 to misrepresenting herself in order to receive public aid.

Continue reading "Caretaker Arrested In Orange County for Financial Elder Abuse" »