California Elder Law Attorney Blog

The U.S. Senate narrowly approved a motion to begin debate on its version of healthcare reform. The legislation includes a significant expansion of the Elder Justice Act and other provisions affecting seniors and long-term care.

The 60-39 procedural vote fell along party lines. Full debate is expected to begin Dec. 1, 2009. The Senate's healthcare reform package includes a version of the Elder Justice Act that is much more extensive than the House's counterpart, according to California Elder Abuse Attorney Steven C. Peck. Though both would strengthen worker screening programs through a national background check database, the Senate version would include more federal aid for elder abuse identification. It also would require that long-term care providers report possible crimes and include new anti-abuse efforts coordinated through the Department of Health and Human Services.

Continue reading "Congress Debates Elder Abuse and the Elder Justice Act" »

Education and awareness are key to overcoming elder abuse, says Steven C. Peck a california elder law attorney.
Elder abuse has a number of characteristics, Peck says. There is always a power/control issue, it's usually a family member, there may be issues of addiction or mental health, anti-social behaviour and dependancy.

About 70% of the cases we become involved with are financially-related," says Peck.

There are many barriers a victim must overcome before they can feel comfortable discussing an abusive situation. The elders may be afraid of repercussions or being institutionalized, they may feel guilt or shame if it's one of their own children inflicting the elder abuse, and they may be worried about a possible police record for their child. As well, there may be misconceptions that police or social agencies can't help with the situation.

Continue reading "Education and Awareness are the Keys to Halting Elder Abuse" »

Elder abuse is a growing problem and an Ohio study found that more than 29,000 Ohioans were victims in 2007. Most abused adults won't talk about it.

"They should not feel alone or feel embarrassed that they are finding themselves in a situation where their adult children are abusing them," California elder abuse attorney Steven Peck says.

Adults who are abused physically or financially by relatives should call police.

But those who are ill-treated in nursing homes often need their children to notice and speak up, Peck reiterates.

"We have to be advocates for our family members because a lot of times with overcrowding and with short staff, it's not always outright abuse. It's neglect but it's still not acceptable," Peck says.

Peck says the best course of action is to put the nursing home on notice. Call adult protective services or the long-care ombudsman.

Warning signs that an older person is being abused include unexplained injuries, depression, or a sudden financial change, such as switch in power of attorney.

If you are being abused, or you suspect abuse or neglect, immediately contact Steven Peck's Premier Legal toll free at 1.866.999.9085 to talk to an experienced elder abuse and neglect attorney and visit us on-line at www.premierlegal.org.

The number of financial crimes against seniors is very significant right now.Statistics show California reports more than 225,000 cases of elder abuse per year. SEniors are a target of elder abuse because many have a large amount of equity in their home, they are easily intimidated and don't want to be rude to others.

There are also a laundry list of scams that have run rampant throughout senior communities, including lottery scams, Nigerian letter scams and Medicare fraud. Always check out people you do business with through the Department of Corporations, and to report suspicious incidents. Reporting is the key, so the authorities can crack down on elder abuse.

Many victims are re-targeted, and many incidences go unreported since seniors are often embarrassed if they have been scammed. The average amount seniors lose on an investment fraud is $12,500 to $25,000. Take control of credit card debt, and do not fall for scams promising to repair your credit.

Contact Steven Peck's Premier Legal toll free at 1.866.999.9085 to talk to an experienced elder abuse and neglect attorney, including nursing home abuse and financial elder abuse and visit us on-line at www.premierlegal.org.

The difficulty in distinguishing between "neglect" and "professional negligence" lies in the fact that some health care institutions, such as nursing homes, perform custodial functions and provide professional medical care. When, for example, a nursing home allows a patient to suffer malnutrition,most defendants appear to argue that this was "professional negligence," the inability of nursing staff to prescribe or execute a plan of furnishing sufficient nutrition to someone too infirm to attend to that need herself. But such omission is also unquestionably "neglect.

Section 15657 of the California Welfare and Institutions Code provides the way out of this ambiguity: if the neglect is "reckless," or done with "oppression, fraud or malice," then the action falls within the scope of section 15657 and as such cannot be considered simply "based on ... professional negligence" within the meaning of section 15657.2. of the California Welare and Instutions Code. The use of such language in section 15657, and the explicit exclusion of "professional negligence" in section 15657.2, make clear the California Elder Abuse Act's goal was to provide heightened remedies for, as stated in the legislative history, "acts of egregious abuse" against elder and dependent adults (Sen.3d reading analysis, Sen. Bill No. 679 (1991-1992 Reg. Sess.) as amended Sept. 10, 1991, p. 2), while allowing acts of negligence in the rendition of medical services to elder and dependent adults to be governed by laws specifically applicable to such negligence. That only these egregious acts were intended to be sanctioned under section 15657 is further underscored by the fact that the statute requires liability to be proved by a heightened "clear and convincing evidence" standard.

Continue reading "Distinguishing between Elder Abuse Neglect & Professional Negligence" »

While overall care of heart attack patients in the United States is good, gaps remain in the treatment of patients 80 and older, a new study suggests.

Researchers analyzed 2000-2009 data on 156,677 heart attack patients treated at 416 centers enrolled in the American Heart Association's "Get With the Guidelines -- Coronary Artery Disease" program.

Older patients had a far higher rate of in-hospital deaths (11.8 percent vs. 2.4 percent) and were less likely than younger ones to be taking statins when discharged from hospital (76 percent vs. 92 percent).

Co-existing health conditions were more common in the older patients than in the younger patients, noted Dr. Gregg C. Fonarow of the University of California, Los Angeles Medical Center and colleagues.

The study, to shall be presented at the American Heart Association's annual meeting in Orlando, Fla., shows there is room to improve care and outcomes in older heart attack patients, the researchers said. We need to stop elder abuse and neglect.

Continue reading "Elder Patients Receive Less Overall Care Than There Younger Counterparts" »

State health officials on November 16, 2009 said that a Las Vegas adult group care home is being fined $109,600 for failing to give a resident proper medications. This is tantamount to Elder Abuse.

The Nevada State Health Division's Bureau of Health Care Quality and Compliance said it sanctioned the Loyalton of Las Vegas, 3025 E. Russell Road, four times since May after state officials found that a woman didn't get medicine prescribed by her physician. Failing to follow a physician's orders is considered Elder Abuse and Neglect.

The bureau found that the home's staff had not given the woman and another 10 of 20 residents their prescribed medications in May.

Inspections in June, July, September and October by state officials found that the home still wasn't administering medications properly and was failing to keep agreements signed with the state to do so, said Richard Whitley, the health division's administrator.

The penalties were figured by assessing $800 a day for false compliance between June 16, the day the state accepted the home's agreement to administer medicines, through Oct. 30, a total of 137 days

Continue reading "Las Vegas Nursing Home Fined $ 109,600 for Failing to Give Residents Proper Medications" »

When a New York City jury convicted Anthony Marshall, 85, the only child of millionaire-socialite-philanthropist Brooke Astor, of 14 counts of fraudulently squeezing huge sums out of his late mother's $180 million estate, many observers thought it was an isolated case of financial patricide.

No way.

Abuse of wealthy elderly parents by their greedy adult children and other relatives is as common as sin -- so common that legal eagles have coined a name for it: elder abuse. More than 500,000 reports of such abuse against elderly Americans are sent to legal authorities every year, and millions more cases are thought to go unreported.

A comprehensive survey by the MetLife Mature Market Institute concludes that financial loss by victims of elder abuse is at least $2.6 billion a year. Figuring that there are still plenty more cases to be found, district attorneys have set up their own elder abuse offices in New York, Los Angeles, San Diego, Brooklyn, Seattle and many other places.

Document financial arrangements. Put all financial instructions in writing. Keep updated records of all financial transactions in a safe place.

Practice preventive banking. Use direct deposit. Keep checks in a safe place and don't sign a blank check allowing someone else to fill in the amount. Never give someone your ATM, credit card, PIN or Social Security number. Check your bank statements carefully for unauthorized withdrawals. Be careful of joint accounts as both parties have equal access to the money.

Be cautious of signing powers of attorney. Before signing a power of attorney for a bank account, general purposes or for financial management, know and trust the person that you are naming as the agent.

Be aware that a power of attorney is a powerful legal document. It sometimes can be used by unscrupulous persons to "legally steal" someone's assets.

Continue reading "Financial Elder Abuse by Children and Relatives is Quite Common" »

He spent his final decades alone, a tenant--"resident" is the preferred term--in a low-income seniors' and disabled persons' rent-subsidized housing project. He was, in fact, all three: low-income, elderly, disabled. A paid "caregiver" jabbed, pushed and yelled at him. The apartment, a small studio, reeked. While inventorying his possessions during one of his hospital stays, she was heard to comment to a compeer, "We can sell this." She had his pin number and had gotten her name onto his bank account. Asked why he didn't request a different caregiver, he responded "I'm afraid." No eccentric recluse, he wanted to be out and about. On weekends, when no building staff were on the premises, he would emerge from his cell and, leaning on his walker, navigate the corridor back and forth as many times as he possibly could.

Many senior citizens are like him, alone and without family, dependent on a so-called caregiver. In 2006, twenty percent of reported elder abuse involved caregiver neglect. English may not be their "first language." They may fear losing their rent subsidy. Building management may be hostile, indifferent at best. Attempts to learn the time and place of neighbors' funeral services can be "turned off."

The decennial White House Conference on Aging is in the planning stages. Its purpose is to make recommendations to the President, who did not attend the 2005 Conference, and Congress to help guide national aging policies for the next ten years and beyond. The White House Conference on Aging in 2015 theme is "The Shape of Things to Come."

The U.S. Census Bureau projects that more than 62 million Americans will be age 65 or older in 2025. Newspapers worldwide report elder abuse, a crime in many locations. And because most "senior citizens" are women, the majority of low-income elders, both ageism and sexism are frequently involved. Older women are far more likely than men to suffer from abuse. Interestingly, slightly more than half of the alleged perpetrators of elder abuse were female (fifty-three percent) in the National Center on Elder Abuse 2004 study.

Across the nation, newspapers headline abuse. England's Guardian reports a government-backed study to examine risk of abuse and neglect of older people in care homes and on National Health Service wards. Cleveland's Plain Dealer reports that "Japanese visit for ideas on elder care: Social workers want to avoid senior abuse." California Bay Area newspaper reportage has included: "Pastor convicted of murdering elderly rancher;" "Dementia patients mistreated, suit says; Elder abuse, fraud alleged at rest home near Lake Merritt;" "Murder, elder abuse charges for 2 in death of their client;" "Oakland man to stand trial for beating elderly people." "Early involvement critical to curbing elder scams." "Elder Protection Court crucial to halting abuse." "Elder abuse a hidden national epidemic." "$500,000 bail remains for Foster City man accused of hitting father in head." "Not guilty plea in attack on Holocaust survivor." "Real estate broker pleads no contest to cheating seniors." "Senior-abuse agencies short on funds." "Elder facility accused of abuse."

Because the crime of elder abuse is notoriously under-reported, no statistic comes close to telling the whole story. The most recent nationwide analysis of elder abuse estimated that reported cases increased thirty percent from 1997 to 2007. In California, half of all residents over age 65 and living alone do not have enough money to cover their housing, food, health care and other basic expenses, according to a 2009 UCLA Center for Health Policy Research study. In Florida--the state with the second-highest 65-plus population--reports of elder abuse have increased thirteen percent in the last two years, according to the state's Adult Protective Services. The California Legislature voted to eliminate the Attorney General's Crime and Violence Prevention Center from the State's 2008/09 budget, and it was closed on Oct., 15, 2008. Each state has its own elder abuse laws, so definitions of abuse and prosecution for such acts vary across the country. State adult protective service programs, which handle elder abuse, are severely underfunded, a problem exacerbated by recession-era cuts in state budgets. Passing the federal Older Justice Act tops advocates' lists of what must be done to combat this problem.

When I approached a senior center director about the possibility of an elder abuse current-awareness program, she was skeptical but agreed to let me use the lounge. I provided the program, handouts, and publicity. It was well attended by people from several communities. Most described themselves as neighbors and relatives. They asked "Is such'n such 'elder abuse'?," and they wondered "What can I do when we see/hear him doing that?" I moved on and up. But elder abuse did not merit consideration, responded the Commission on Aging's chair.

Senior housing, senior centers, nursing homes--approximately twenty-five percent of elder abuse occurs in nursing homes and other retirement facilities--and rehabilitation facilities, ombudsmen, certain college and university classes, caregivers, and related commissions and agencies have responsibility for communicating the facts of life related to elder abuse: what it is and where to go for help. The San Diego District Attorney's office defines elder abuse as the physical or psychological mistreatment of a senior. It can include taking financial advantage or neglecting the care of a senior. Elder abuse crimes fall into several categories:

Physical abuse, including assaults, batteries, sexual assaults, false imprisonment and endangerment;

Physical neglect by a caregiver, including withholding medical services or hygiene that exposes the elderly person to the risk of serious harm;

Psychological mental abuse, including making threats or the infliction of emotional harm;

Financial abuse, including theft of personal items such as cash, investments, real property and jewelry and neglect.

Continue reading "Caregiver Home Elder Abuse and Neglect" »

Through their work, active community involvement, and the role they play in raising their families, our senior citizens serve a vital purpose in our communities.

They paved the way for you and I, and we now follow in their footsteps raising our own families and working on our own careers. We owe Michigan's senior citizens our gratitude and our help to ensure that their golden years are safe, productive and happy.

It is our job to make certain that our seniors are treated with respect and care, and that they are both physically and financially safe. To do this I have introduced Senate Bill 907, which would impose tougher penalties for crimes committed against the elderly.

Sadly, there are an estimated 73,000 victims of elder abuse in Michigan. Abuse can include anything from physical abuse to financial exploitation, and can happen at the hands of those entrusted with their
care: health care workers, guardians, and even family members.

In 2005, Governor Granholm created the Michigan Task Force on Elder Abuse to look into ways that we can better protect Michigan's senior citizens. During the last legislative session, my Democratic colleagues and I introduced the "Save Our Seniors" package of bills that would have implemented recommendations in the task force report. That legislation was sent to the Senate Committee on Government Operations and died in committee at the end of the 2007-2008 legislative session.

Because elder abuse is such an important issue and demands our attention, my colleagues and I are starting to introduce these bills again this session. Senate Bill 907, which I introduced as SB 1295 in the previous session, would implement some of the recommendations from the governor's task force. Senate Bill 907 was referred to the Senate Committee on Judiciary, where I hope it will receive prompt and deliberative action.

Senate Bill 907 would impose tougher penalties for crimes committed against the elderly. The bill specifically targets crimes, such as interfering with an investigation, committed within licensed and unlicensed adult care facilities. Senate Bill 907 is important because critical evidence can be lost in abuse cases when someone obstructs an investigation. When that happens, justice is delayed and a successful prosecution of a case is made that much more difficult. By levying severe penalties for these crimes, I hope that we can discourage elder abuse and fraud. We need laws like this to protect our seniors with punishments that fit the crimes and send those who prey on the elderly to prison for a very long time.

A number of recent elder abuse cases across Michigan show the need for this kind of legislation.

In Ottawa County, a woman was sentenced to only four months in jail for neglecting her 87-year-old father and leaving him in unfit living conditions that ultimately caused his death. And right here in Wayne County, an 82-year-old man had $240,000 withdrawn from his account by his daughter, but he was told by police that he would have a tough time pressing charges since she was authorized to access the account.

Continue reading "Michigan Introduces Legislation Imposing Tougher Penalties for Elder Abuse Crimes" »

There are deep flaws in California's approach to detecting and responding to elder abuse and neglect - flaws that prevent serious cases from ever coming to light, according to a new report form the California Senate Office of Oversight and Outcomes.

California has more than 9,000 nursing and residential care facilities for the elderly, and 290,000 licensed beds, according to federal statistics. Riding herd on them are about 1,000 "long-term care ombudsmen" - people originally meant to be watchdog/mediators, doing spot checks of facilities, following up on complaints, and helping make life better for residents by serving as intermediates, and advocates, with management.

But something else has happened entirely, according to the report.

Because of laws California has adopted, these watchdog/mediators have morphed into the front line for investigating serious reports of elder abuse and neglect. That gives rise to several problems - the least of which may be that there's no time for the routine spot checks and patient advocacy that was originally envisioned.

Ombudsmen - now legally tasked with very serious investigations of suspected abuse and neglect - can only tell law enforcement about problems if the complaining parties agree to release their names and complaints.

Only one-quarter agree to this. Which means 75 percent of complaints essentially disappear.

What precisely are we talking about here? Assault, sexual harassment, financial exploitation, physical neglect.... grim stuff.

Why won't people sign their names to complaints? Well, if you had to keep living in the place you were complaining about - or have your most basic and intimate needs attended to by someone you were complaining about - you might be a bit frightened of attaching your name to the complaint, too.

And in cases where suspected abuse is reported by staff - on behalf of a resident with dementia or the like - well, that person can't give informed consent.

The ombudsmen program had a budget of $5.7 million in 2009, almost 27 percent below where it was in 2007-08, the report says. Not surprisingly, that has corresponded to a tremendous drop in the number of abuse cases ombudsmen recommend for follow-up to law enforcement.

This being a report by the Senate majority - which happens to be Democratic - it blasts the budget cuts imposed by Gov. Arnold Schwarzenegger. But those budget cuts did not cause these problems, so much as lay them bare.

So, what can be done to protect California's vulnerable seniors?

Sacramento should pass legislation "to enhance the ability of the ombudsman to act as an independent voice for the elderly, as required under the Older Americans Act, and require the state ombudsman's office to develop a comprehensive plan of advocacy," the report says.
Residents, their family members and staffers should be able to report abuse, and get action, without fear of being exposed. To that end, the Legislature should require the state ombudsman's office "to develop a detailed protocol for reporting elder abuse even without resident consent if the situation poses an imminent threat to long-term care residents or others."
Ombudsmen should be able to return to their watchdog/advocate role, and leave investigation of possible crimes to the likes of local Adult Protective Services offices and law enforcement.
Ombudsmen volunteers - and yes, there are many of them - should not be tasked with undertaking such serious investigations, at least not without more training.
In 2004, 12 percent of Americans were over age 65.

By 2050, that figure will grow to 21 percent , the U.S. Census Bureau says.

These issues will only get more and more acute.

"The last thing we should do is handcuff those who we entrust to watch over the care and safety of our elderly loved ones with conflicting and ill-conceived mandates, confusing protocol, and inadequate regulations," said Senate President pro Tem Darrell Steinberg (D-Sacramento) in a prepared statement. "The Senate will take a close look at the thoughtful recommendations provided in this report and respond appropriately."

Continue reading "California Detects Deep Flaws In Responding to Elder Abuse and Neglect" »

An Associated Press story in The Patriot-News, "Case highlights elder abuse," (Oct. 18) discussed how aging and wealthy New York socialite Brooke Astor was exploited by her son, Anthony Marshall.

In October, 2009, the son of Brooke Astor was convicted of defrauding his mother and stealing millions of dollars from her $200 million fortune as she suffered from Alzheimer's disease. This case is a reminder that seniors are at risk for exploitation and abuse and might be vulnerable to the very people in whom they place their trust.

This risk is not limited to wealthy socialites. The physical, emotional and financial abuse of our elders is a state and national concern.

With ten of milions, if not more, residents over the age 65, The United States has a very significant senior population. We need our seniors, and we must exert attention and vigilance to protect this highly valued generation.

How can we prevent elder abuse? Fortunately, many resources provide protection for our older loved ones besides relatives, friends and neighbors serving as the eyes and ears on the front line of defense.

You might notice signs of malnutrition and physical harm or evidence of financial changes or estate manipulation. Various State Departments of Aging and Ombudsman will investigate these reports.

Contact Steven Peck's Premier Legal Elder Abuse hot line at 1.866.999.9085, and we will prosecute those who cheat, deceive or abuse elders. You also might e-mail stevenpeck@premierlegal.org to fill out an elderly abuse complaint form. Always notify police if a crime against a senior is reasonably suspected.

In the Astor case, the jury found that Ms. Astor's son and an attorney had gained the lady's trust and confidence as her mental state declined. They caused her will to be changed, making millions of dollars in lifetime transfers of her fortune for Mr. Marshall's benefit.

How can we protect our older loved ones -- and ourselves as we age -- against this type of crime? A trusted family member or friend might be given a power of attorney that allows the "attorney in fact" to take actions regarding the senior's finances and property. These might be drawn to give authority to act only in those areas absolutely necessary to serve the senior's daily needs.

A good first step toward protection, regardless of age, is to consult an attorney to prepare a will that carries out the senior's last wishes. With proper planning, seniors can maintain control over how their assets are handled during their lifetimes and how they are disposed of following their passing.

It is important to act while seniors remain in possession of their mental faculties. Attorneys cannot assist clients in disposing of their assets when the individual lacks capacity to make decisions or appears to be of weakened intellect and under the control of others. When there is doubt on this issue, consult health care providers to make this analysis.

Ms. Astor could afford the best estate planning money could buy, and she surely had many of these services and other protections in place. So what went wrong? According to the jury, her son helped himself to her money.

In cases such as this, other family members and persons can intercede to prevent or rectify elder abuse. In Ms. Astor's case, her grandson, Phillip Marshall, Anthony Marshall's son, instigated criminal and civil cases against his father.
If elder abuse is not discovered until after the senior's passing, most civil courts in the United States have the power to protect the deceased's estate. The court can refuse to probate wills or changes to wills, called codicils, obtained through a confidant's undue influence over a senior, or where the senior lacked capacity to make the will.

Likewise, where an appointed "attorney in fact" under a power of attorney or a trustee has helped himself to the senior's assets, the court will surcharge him and require all ill-gotten gains to be returned to the estate, to be distributed in accordance with the senior's true wishes.

Attorneys, in fact, and trustees are "fiduciaries" upon whom the law imposes a strict duty of loyalty precluding self-dealing of the type Mr. Marshall was convicted of engaging in with his mother's money.

Simply creating awareness is a giant first step in protecting our seniors. It is never wrong to ask questions if you are concerned that a senior you know might not be well cared for. In reality, more than an elder's dignity might be at stake.

State senators held a hearing on Thursday, November 5, 2009 in Chicago to examine ways to improve safety at nursing homes, where a high number of felons with mental illness has led to reports of assaults, rape and even murder.

Legislators will hear testimony from experts, government officials and the public in considering "what laws we can strengthen and what laws we can enforce better," as well as more sweeping measures that could reverse Illinois' reliance on nursing homes to house younger adults with mental illness and criminal records, said Ron Holmes, a spokesman for the Senate Democratic Caucus.

Holmes added that state lawmakers "are definitely trying to work together as much as we can" with Gov. Pat Quinn's newly formed Nursing Home Safety Task Force. Holmes said he expects legislation to flow from the collaboration.

"There will be bills out there," he said.

One scheduled participant, Sen. Heather Steans, D-Chicago, noted that her North Side district has among the highest concentrations of mentally ill nursing-home residents in the state.

Continue reading "State of Illinois Plans Ways to Improve Nursing Home Safety" »

Nursing home abuse has been a topic of much discussion throughout the United States for several decades, but California is by far home to some of the most serious cases. The cities of San Diego and Los Angeles are particularly prone to nursing home abuse, although the problem is becoming more serious throughout the state every single year. If you suspect or are sure that your loved one has been abused or neglected in a nursing home in Los Angeles or San Diego, you should contact a personal injury lawyer immediately. Both neglect and abuse can result in the lasting physical and emotional wounds of your loved one, potentially requiring months or even years and hundreds of thousands of dollars to completely recover, if recovery is even possible.

There are different types of abuse one may be subject to endure while living in an ethically questionable nursing home. The first, and perhaps most common type of abuse evident in these types of environments, is neglect. Neglect is an indirect form of abuse in that a resident of a nursing home is perhaps being ignored or not receiving the care he or she wants and needs to be happy and comfortable. Neglect can cause both physical and emotional problems. There have been cases in which residents of nursing homes have been denied any reasonable amount of human contact for days and even weeks on end. Other forms of neglect could include not cleaning a resident properly when that resident is unable to adequately clean him or herself.

Direct abuse is also evident in nursing homes. Many nursing home employees have been convicted of hitting, kicking, punching, and attacking the residents for which they are hired to care and protect. Many residents are physically unable to inform their loved ones of this abuse. Others are threatened by the abusive staff, will result in more injuries, abuse and more pain. If you suspect at all that your loved one is the victim of nursing home abuse, do not hesitate to contact a personal injury lawyer right away.

Unfortunately, every year there is a substantial number of nursing home abuse victims who are unable to recover from the wounds they've received from either the direct abuse or intentional neglect of the staff supposedly dedicated to helping them. Many nursing home employees are taken to court and criminally convicted of these crimes each year. Although criminal charges may provide relief and justification to family members of the lost victim, criminal claims do not typically provide any sort of financial compensation to a victim's loved one. Financial compensation is often necessary to cover medical fees incurred while the victim remained alive or the costly funeral arrangements to lay your loved one to rest. In order to receive financial compensation to help cover these costs and others, personal injury lawyers help thousands of people each year in filing civil charges in addition to criminal charges. The civil charges for a personal injury claim will likely offer you and your relatives the financial support you'll require to carry on through the difficult mourning process.

Continue reading "Los Angeles County Facilities Seriously Prone to Nursing Home Abuse and Neglect" »

New state requirements could jeopardize the ability of in-home care workers to assist some elderly and disabled residents in California who request help for staying in their homes.

California state law shall require a criminal background check and an orientation, as well as finger printing before new in-home care givers can get paid.

The new laws were designed to reduce fraud and save money, but in a joint subcommittee hearing Wednesday, welfare experts said the requirements are impossible to meet in the time frame allowed.

But state officials defended the changes, passed by the Legislature in July.

"We've been working with the counties since the budget passed to talk through these very significant changes. We understand that the timelines are very aggressive," said Lizelda Lopez, spokeswoman for the state Department of Social Services. "But we must comply with the law."

County welfare directors used words like "chaos" to describe what is happening to the program. A spokesman for Assemblywoman Noreen Evans, D-Santa Rosa, said the committee member plans to introduce emergency legislation to deal with the problems.

The program provides services, such as help with laundry and other care, to about 450,000 Californians.

It improves the quality of life of recipients and saves the state money on institutionalization by keeping people in their homes.

Each month, about ten of thousands of California residents use the service.
The problems with the new guidelines are many, say elder law attorney Steven C. Peck.

For example, California county employees now aren't authorized to conduct required U.S. Department of Justice criminal background checks. It will take four to six weeks to set up.

Also, the state-provided 40-minute orientation video to counties is in English only.

There is now seemingly a duty to provide information in the language that people understand, especially if we are asking them do they agree and understand it and then to sign under penalty of perjury

While the new legislation works its way through the Legislature, it's unclear what will happen to people who apply for in-home care before a fix is found.

Continue reading "California Caregivers Now Require Criminal Background Checks" »

Officials say the downturn in the economy has led to far greater exploitation of the elderly as younger family members prey upon older relatives.

More and more, adult children are moving in with aging parents because of the tough economic times and then victimizing them. What can start as using some of their parents' money for gas can escalate into totally wiping out their parents' assets, according to area officials.

A hurting economy can make whatever funds are coming in all that more tempting for others

"Part of what we're noticing is when the economy is tight, families will take steps to deal with that," says Elder Attorney Steven C. Peck "And sometimes, that means moving people in with each other who haven't lived together, which can create some dynamics that can create pressure."

Younger people moving back home also can be under considerable stress because of their economic situation -- stress that can lead to alcohol and other drugs that only increase the chances that they may abuse an older relative.

It is estimated that only about one in 25 cases of financial exploitation is reported, which the National Center on Elder Abuse suggests may mean that there are at least 5 million financial abuse victims each year.

The NCEA also estimates that about five of every six cases of elder abuse, neglect or exploitation, or self-neglect go unreported to authorities.

Officials say statistics often don't show how frequently the crime occurs. But even departments that may not be seeing an increase in the number of cases believe there may be an increase in the severity of the cases.

Catching this exploitation early could prevent it from escalating, but that can be more difficult than it sounds.

"They will use whatever techniques they need to get it," says Peck, "if the person is trusting."

Continue reading "Downturn in the Economy Sustains Greater Exploitation of the Elderly" »

A state watchdog group says elder abuse may be underreported, in part because of budget cuts to ombudsman programs.

The California Senate Office of Oversight and Outcomes says the number of complaints from ombudsmen are down more than 40 percent since budget cuts were enacted last year.

The report's authors fear the decline in reports means elder abuse is going unreported in the state's elder care facilities.

Last October, Gov. Arnold Schwarzenegger cut all state funding for the ombudsman program, dropping the budget to $4 million in federal funds for fiscal year 2009, down from $7.9 million the previous year.

In many parts of the state, budget cuts have resulted in staffing cuts, and fewer facilities are being checked for problems.

Continue reading "Elder Abuse May be Seriously Underreported" »