California Elder Law Attorney Blog

ACE (Advocates for Conserved Elders) Volunteer Recruitment - The next two-day training is Saturday, January 30, and Saturday, February 6, 2010 from 9 a.m. - 5 p.m. The training is free, breakfast snacks and lunch are served, and attorneys receive 13 hours of MCLE credit. For a more detailed ACE volunteer position description and an application, please contact Laraine Mestman at 310.394.9871 ext. 445 or at Lmestman@wiseandhealthyaging.org.

"ACE Volunteers help serve as an extra pair of "eyes and ears" for the court in its effort to reduce isolation, loneliness and elder abuse among nearly 9,200 conserved elders in Los Angeles County."

Last year, Jane completed her requirements to become an ACE Volunteer. She was assigned to Charlotte, a victim of elder financial abuse. Her conservator is the Public Guardian. When Jane first met Charlotte, she was introduced to a wheel-chair bound elder, who had no friends to visit her. She said, "Thank G_ I have someone to talk to!" as she indicated her deaf roommate in the next bed. When Jane asked Charlotte what TV programs she liked to watch, Charlotte said, "I can't turn on the TV. I don't have a remote." Within minutes, Jane was able to rectify the problem. When Charlotte first complained of being depressed, she told Jane that she didn't want to live anymore. Jane made the report back to the ACE project manager, who in turn notified the PG and the facility. Through Jane's intervention, Charlotte was able to get the help that she needed. Charlotte has also become a part of Jane's life. They share meals and Charlotte dresses up for Jane's appointments. When Jane travels, she sends Charlotte postcards of the places she visits.

About one of every 20 elders is a victim of neglect or physical, psychological or financial abuse, according to statistics from the California Attorney General's Crime and Violence Prevention Center. More than 132,000 elders in California are abused in nursing homes each year, and that estimate is probably very low because only one in 14 cases of elder abuse is reported to authorities.
There are more long-term care facilities in the City and County of Los Angeles than there are in any entire state other than California. To help prevent and reduce elder abuse here, WISE & Healthy Aging, a nonprofit social services agency dedicated to helping seniors, launched an innovative, volunteer-based project for seniors and dependent adults who are under court-ordered conservatorships and residing in residential care facilities and skilled nursing facilities in Los Angeles County.
The Advocates for Conserved Elders (ACE) project is supported primarily by a grant from the California Community Foundation (CCF). It was developed in partnership with the Los Angeles Superior Court (LASC), the largest probate court in the state and possibly the nation, which received 1,500 petitions for conservatorship in 2005. "Other counties have visitation programs, but nothing like the ACE program," said Ret. Superior Court Judge Aviva K. Bobb, former Presiding Judge of the Probate Division of the Los Angeles Superior Court. "It would be a natural evolution for this program to serve as a prototype for other communities throughout the country." Last year, the Los Angeles Superior Court nominated the ACE Program for the prestigious Ralph N. Kelps Award.
The court is required by the California Probate Code to conduct periodic reviews of the adequacy of care provided to conservatees and the appropriateness of financial management provided by conservators. Depending on the specifics of each case, these reviews must take place every year or every other year. The court employs probate investigators, attorneys and support staffs, but the growing number of seniors and the rising incidence of abuse complaints are increasing the burden on limited resources. Also, because many conservatees live in isolated situations, they may need more regular contact with someone they can relate to as a "friend." "Although they are often at heightened risk for abuse, many conserved seniors do not have access to a dedicated, consistent third-party advocate. We are delighted to be working with the Los Angeles Superior Court, through the ACE program, to train volunteers who will be available to take an interest in the total well-being of the conservatee, working to improve quality of life and reporting any care-related problems to the court," said Grace Cheng Braun, President and CEO of WISE & Healthy Aging. "The project builds upon the strengths of the Court Appointed Special Advocates program, a nationally recognized model for assisting children. The Los Angeles Superior Court has one of the largest, most experienced CASA programs in the nation."
ACE Volunteers must be over 21 years of age, attend a free two-day training, and commit to visiting conservatees two times a month, from anywhere to 15 minutes to an hour, for six months to a year. The volunteer goes through a security background clearance, a TB test, and gets their fingerprints taken at LASC. Under the ACE project arrangement, WISE & Healthy Aging, in conjunction with the Probate Court Investigators, will train the ACE volunteers. The court has established the criteria for identifying conservatees at greatest risk of elder abuse and isolation and providing appropriate names and addresses to project administrators.
ACE volunteers serve as regular visitors, providing a degree of social interaction for elderly conservatees. They establish an on-going relationship with the conservatees in order to diminish isolationism and loneliness. During their visits, if the volunteers hear of any complaints about the care received or observe anything that would lead them to suspect abuse or neglect, the volunteer immediately notifies the ACE project manager. In addition to regular monthly reports and meetings, the ACE project manager will liaison with the Los Angeles Superior Court Probate Investigators if there are concerns about neglect or abuse. There is immediate access to the court's Probate Investigations Office. And as required by state law, reporting will occur for any instances of abuse or neglect to the appropriate agencies, including local law enforcement, Adult Protective Services, or the Long-Term Ombudsman Program, as well as the Court and the Conservator. As the only organization authorized by the State Department of Aging to provide long-term care ombudsman services within the City and County of Los Angeles, WISE & Healthy Aging is in a unique position to fulfill this reporting role.

For more information about WISE & Healthy Aging services and programs, please call 310.394.9871.
( THIS BLOG WAS PRINTED WITH THE EXPRESS PERMISSION OF WISE & HEALTHY AGING BY STEVEN PECK A CALIFORNIA ELDER LAW ATTORNEY LOCATED IN VAN NUYS, CALIFORNIA)

Reported cases of financial elder abuse, physical abuse and nursing home abuse and neglect inflicted upon elderly people are rising in California.

"Elderly people were beginning to speak up when they never used to, california elder law attorney Steven C. Peck says.

Figures for 2009 were not yet available but in 2008, in California, there were thousands of confirmed cases of elder abuse, which refers to abuse of people over 65. Most seem to concern abuse perpetrated by family members.

The most common form of elder abuse was financial.

Frequent cases included when families "helped themselves to their parents' money", demanded money for drugs and alcohol or moved in and lived off them Peck states.

Physical abuse also occurred and that sometimes was a result of unresolved family issues or alcohol and drugs.

Seeing an 80-year-old with bruises all over their face broke is terrible. However, the issue is not a new one. "It has always been there, it's just been hidden, says Peck.

"It's behind closed doors,"

Continue reading " Financial Elder Abuse, Physical Abuse, and Nursing Home Abuse and Neglect are Rising In California" »

Stopping financial elder abuse It's pathetic.

Many Americans in the 60-plus age group are victims of financial abuse, often by a close relative, caregiver, friend or acquaintance.

The National Center on Elder Abuse said there may be at least 5 million financial abuse victims in the United States each year.

You may see unpaid bills stacking up, Numerous checks may be written to "cash." The person may have a new will, though they seem incapable of making one.

The person may be engaging in some uncharacteristic activity, such as withdrawing large sums of money in a secretive manner, selling property, changing a car title, cashing in a life insurance policy or changing beneficiaries. says elder financial abuse attorney Steven C. Peck.
He or she may have a new acquaintance who may now live in the house. A new acquaintance may be encouraging the elderly person to withdraw funds and may appear to have undue influence.

Also, an elderly person that usually is friendly now may have become withdrawn or subdued.

Perhaps the person seems fearful of a caregiver or relative.

Someone may be writing or signing checks or other documents for the elderly person.

Maybe the elderly person has signed a power of attorney, yet seems confused about what that means.

Or somebody is using the person's power of attorney, even though the person is fully capable of making decisions.

Continue reading "Financial Elder Abuse: Pathetic" »

Oklahoma ranks in the top five worst states for pressure ulcers prevention.

The Centers for Medicare and Medicaid Services estimate 7 percent of the state's nursing home residents developed bed sores from 2007 to 2008. During the same time period, the state had the third-highest ranking for pressure ulcers in the country.

According to statehealthfacts.org,a Web site maintained by the Henry J. Kaiser Family Foundation, in 2008 there were more than 300 certified nursing homes in the state with about 20,000 residents.

Treatment is costly, and they are painful and emotionally distressing to have California elder abuse and neglect attorney Steven C. Peck indicates.

"If we want to truly care for a patient, then everyone involved needs to step up and address this," Peck says.

Known commonly as bed sores, pressure ulcers are areas on the skin where circulation and blood flow are cut off because of continued pressure. They often occur near the pelvis and around bony parts of the body, and are common in the elderly, bed-ridden and paralyzed.

In areas where circulation is cut off, the skin turns red at first. If the pressure continues, tissues can decay as deep as the bone, says Peck a california nursing home abuse and neglect attorney located in Los Angeles, California.

They can range from $2,000 to $70,000 to treat. About 60,000 people die nationally from complications from bed sores each year, Peck says.

Much of the cost associated with treating the pressure ulcers isn't covered by Medicare or Medicaid, Medicare and Medicaid do not reimburse facilities for pressure ulcer treatment because they are considered reasonably preventable. Often this cost is shouldered by the hospital or nursing home.

Steven Peck indicates " since the sores are seen as preventable, nursing homes are often found liable when family members of patients bring lawsuits against a facility for the ulcers and their complications."

Prevention and care
Preventing pressure sores is paramount. But it's not always possible. Often at the end of life, a person's body is already weak and breaking down. Their nutrition is poor, and they largely are immobile. Patients also are brought in from hospitals and other places already having the sores. Treating the most advanced sores can take as long as a year. Constant monitoring, specialized nurses and equipment are often needed. Lower severity ulcers still can take months to treat with creams, the proper moisture level and keeping pressure off the site. Pressure ulcers are ranked on a scale of severity, one being the least and four being the most severe case.

"Just imagine taking the top layers of your skin off or all the way down to your muscle. Of course, it hurts, and you can't move to get off it sometimes," california elder abuse attorney Steven C. Peck states and "often patients can't voice their pain because of severe illness or their mental state. But it's clear they are hurting. "

It brings on the need for pain medications, which can cause other health problems. It's a constant circle that you're fighting. But that's why you have total patient care.

Nurses work directly with patients, know their needs, and know what it takes to prevent bed sores. It all centers around nutrition, care and movement.

"You have to know how to prevent before you know how to heal," Peck says.

It's very important for family members to ask providers about measures they use to prevent bed sores. If one develops, a wound care specialist should be assigned to the case and the wound's healing tracked.

If a staff is constantly rotating in and out, the lack of consistent assignment can also be a contributing factor to them developing,

Skin care is an important line of defense in stopping sores, Keeping the skin dry and rotating the patient is necessary. Nutrition and hydration also are key.

So many times we are focused on an acute illness, and the skin takes a back seat.

Continue reading "Oklahoma Ranks Low in Bedsore Elder Abuse Prevention" »

State authorities said Friday they are reviewing laws and policies to strengthen the disciplinary sanctions taken against nursing home administrators in cases of wrongdoing and patient harm.

Despite continued serious violence against nursing home residents, administrators are rarely punished by the Department of Financial & Professional Regulation, or IDFPR, which licenses the administrators and other professional staff, according to a Tribune examination of government records as well as interviews with elder advocates.

Department officials have been discussing possible reforms with Gov. Pat Quinn's Nursing Home Safety Task Force, which was formed in response to Tribune reports about recent allegations of rape, assault and murder inside the facilities.

Not a single nursing home administrator has had his or her license revoked since January 2005, despite repeated violations found by Health Department investigators and despite a series of violent incidents in homes that accept growing numbers of psychiatric patients with felony records, department records show.

The department has received 587 complaints about nursing home administrators in that time, including 407 from the state Department of Public Health inspectors, Bluthardt said. He said 20 administrators have been disciplined. But in response to a Tribune Freedom of Information Act request filed in October, the department said it could provide records showing discipline of only 12 administrators.

Three other administrators had their licenses placed on "refuse to renew" status because they had defaulted on student loans, the department said.

Most of the 12 cases had disciplines ranging from reprimands to suspensions, the records show. In one case an administrator was fined $1,200, and another was fined $1,500.

Nursing home administrators are responsible for planning, directing and supervising the operation of homes. But state laws are written so that they can only be sanctioned if authorities prove they had a direct, active role in an instance of wrongdoing.

As a result, the few sanctions meted out are typically for financial malfeasance or license lapses, and not for systemic patient safety breakdowns in the homes, a Tribune analysis of state records found.

Nursing home operators defend the current disciplinary process.

Of the dozen disciplinary cases, perhaps the most serious involved Stacy Dikeman. She was the administrator at East Peoria Gardens Nursing Home in 2006 and 2007 when state inspectors found multiple health violations and linked the deaths of two residents to allegedly negligent care, according to an IDFPR consent order. Dikeman did not contest the citations and her license was suspended for a minimum of one year. She allowed the license to lapse, according IDFPR's Web site and could not be reached for comment Friday.

Another serious case involved former Somerset Place administrator Jeremy Boshes. Last year, he and his staff allegedly allowed a mentally ill resident to leave the facility even though she was on a "pass restriction" because she was known to be using cocaine and prostituting herself. That woman, Maratta Walker, was later found murdered in a nearby Uptown motel.

The allegation that Boshes failed to prevent Walker from leaving the facility unsupervised could have constituted grounds for revoking or suspending his license, state records show.

But without admitting guilt, Boshes in July entered into a consent order with state authorities and received an official reprimand.

Marshall Kapp, a Southern Illinois University professor of law and medicine, said Illinois' disciplinary system was typical of most states -- very few nursing home administrators have disciplinary sanctions taken against them, and when that happens it's usually over financial matters, he said.

Continue reading "Illinois Strenghtens Disciplinary Sanctions Against Nursing Home Administrators" »

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 And San Diego Particulary Prone to Nursing Home Abuse and Neglect Litigation" »

Taking a stand against elder abuse in Michigan, the Michigan House of Representatives today passed a plan sponsored by State Representative Dian Slavens (D-Canton) that will create a statewide protocol for investigating cases of elder abuse and makes it easier for victims to testify against their abuser.

"Elder abuse a despicable crime and we need a plan to stop it," said Slavens, a member of the House Senior Health, Security and Retirement Committee. "As a respiratory therapist at local hospitals for more than 20 years, I know how difficult it can be for victims to come forward after suffering physical and emotional trauma. This plan will empower more seniors to hold their abusers accountable by allowing them to testify via closed circuit television. By educating law enforcement agencies on how to work with seniors who are being abused or exploited, we can help raise awareness of this often hidden crime."

Slavens' plan, which now heads to the Senate, is part of a larger effort to strengthen protections for seniors and increase penalties for those who physically abuse or financially exploit them. The Elder Abuse Protection Plan, which the House began moving in August, increases penalties for those who cheat or defraud seniors; empowers concerned citizens to file criminal complaints to stop and prevent abuse cases in nursing homes and elsewhere; and requires financial institutions to do more to disclose the rights of seniors and create new safeguards against fraud.

In October, the House unanimously passed a plan that creates the "Mozelle Alert" to notify the public in cases of missing seniors, similar to the Amber Alert. The alert is named in honor of Estella Mozelle Pierce, a senior who died after wandering from her Southwest Detroit home.

"Michigan's current laws are simply not enough when it comes to protecting our seniors from predators," Slavens said. "Our seniors worked hard all of their lives to provide for their families, and they deserve our support. By passing this plan today, we're sending a clear and resounding message that those who abuse or exploit Michigan's seniors will not get away with it."

Continue reading "Michigan Takes a Strong Stand Against Elder Abuse" »

Given the close ties between reverse mortgage fraud and elder abuse, it is unsurprising that the NRMLA Annual Conference in San Diego last month featured a session on "Spotting Elder Financial Abuse--And What You Should Do About It."

While there are many different types of fraud and elder abuse, the panel was interesting--especially in the fact that it managed not to repeat too much information from the NRMLA regional conferences and from the session on elder abuse at the Mortgage Bankers Association (MBA) Reverse Mortgage Conference. The gist of the session was fairly new.

One large fraud topic is identity fraud, which had been covered extensively at the MBA Reverse Mortgage Conference. However, it was still interesting to learn that of the 8.1 million identity theft victims in the US, 9-10% are elderly.

The biggest question raised by the session was that of mental capacity and undue influence. As the panelists pointed out, there have been many high profile cases in the news recently with wealthy heiresses arguably being taken advantage of by younger men. As they pointed out, there are more agreements on some kinds of mental capacity than others. Wills, for example, are generally well understood. Other issues though, beyond just the capacity to alter a will, include allegations of "brainwashing" and "mind control." Since reverse mortgage loan officers and counselors talk with and often meet the senior, they are in a position to spot problems more than others.

The panel highlighted four key questions reverse mortgage loan officers should consider in determining whether the reverse mortgage will be used as a tool of elder abuse or fraud.

1.Does the senior understand what a reverse mortgage is?
2.What is the money being used for? /Who's going to benefit?
3.Is someone threatening the senior to get the mortgage?
4.Is this really in the senior's best interest or is there something that can be done another way?

Continue reading "Spotting Financial Elder Abuse: Reverse Mortgage Concerns" »

Self-Help for the Elderly and the Congress of California Seniors announced Tuesday (Dec. 8) that they have received $150,000 from the Verizon Foundation, the philanthropic arm of Verizon, to continue an elder-abuse awareness program for senior citizens in Santa Clara and Ventura counties.

Including this contribution, Verizon has awarded a total of $300,000 to the organizations for the Commitment to End Abuse of Seniors and Elders program (CEASE).

Through the program, Self-Help for the Elderly and the Congress of California Seniors have partnered with local senior service providers and domestic violence prevention groups to implement an education and outreach campaign, publish multilingual education materials, and direct information about local resources available to victims and family members.

"Our seniors are very vulnerable and we must make every effort to protect them," said Anni Chung, president and CEO of Self-Help for the Elderly. "I look forward to working with the Congress of California Seniors and Verizon to educate the public and families about the effects and consequences of elder abuse."

Hank Lacayo, president of the Congress of California Seniors, said, "In recent years, financial abuse, physical assault and family-related violence have increased while public resources to identify abuse and to protect victims have been cut back, creating a budget crisis for agencies fighting abuse. The continued funding from Verizon will help us prevent ongoing abuse and raise awareness of this critical issue through advocacy, education, training, public awareness and coordination of services."

State Sen. Leland Yee said, "While our resources are shrinking, the need for these types of programs is growing. As a result, this help is more important than ever. It is these community partnerships that are truly making a difference."

Every year, nearly a quarter of a million Californians are victims of elder abuse and dependent adult abuse. It is estimated that one of every 20 California elders is a victim of neglect or physical, psychological or financial abuse, according to the California Department of Justice, yet only one in five of these cases is reported.

Raising awareness of domestic violence and aiding in its prevention is a key social issue for the Verizon Foundation.

"Our senior citizen population is among the most vulnerable when it comes to the issue of abuse," said Elva Lima, Verizon vice president, strategic programs. "This partnership allows Verizon to continue to use our resources to support an organization that has a proven record of creating positive change in the lives of our seniors."

About Self-Help for the Elderly
Originally created as a "War On Poverty" program, Self-Help for the Elderly began serving seniors in San Francisco's Chinatown community in 1966. It provided social services and hot meals to low-income and isolated elderly. Today, Self-Help for the Elderly serves over 25,000 seniors each year in San Francisco, San Mateo, Santa Clara and Alameda counties. It is a multi-service organization providing programs along a wellness continuum ranging from employment/training and social activities for those who are more independent to in-home assistance and residential board and care to those who are frailer.

About Congress of California Seniors
The Congress of California Seniors (CCS), founded in 1977, is a statewide nonprofit advocacy organization and is registered with the IRS as a 501(c)(4) California corporation. Our board of directors is comprised of senior leaders and advocates from among the Congress of California Seniors' 105 affiliated organizations. The organization is funded through membership dues, contributions from affiliated organizations, individual donations and corporations.

Continue reading "Verizon Sponsors Elder Abuse Awareness Programs" »

Typical scenario "A woman is facing dozens of charges for allegedly embezzling up to $1.4 million from her elderly brother" says elder attorney Steven C. Peck.

The woman had been her brother's guardian since he suffered a stroke nearly 10 years ago.

The alleged elder abuse perpetrator was charged in court Wednesday. She faces 35 counts including embezzlement, fraud and elder abuse, which carries a maximum penalty of 15 years in prison for writing checks to people totally unrelated to the elder's care,spent some of the money on court costs for a man charged with third-degree criminal sexual conduct, home repairs, new appliances and other items from Home Depot. The abuser also spent money on two vehicles and even a race car shop. There is also $ 700,000.00 missing, which could turn out to be more.

Continue reading "Guardian Embezzles Up to 1.4 Million in Financial Elder Abuse Scam" »

A Ventura nursing home called Fillmore Convalescent Center, its owner, and one of its employees were hit with a $7.75 million verdict yesterday after a jury found them liable for elder abuse. It has to be one of the largest verdicts in California in a case involving nursing home abuse or neglect.

The facts are egregious. In 2006, the family of 71-year-old Maria Arellano, a stroke victim who was also non-verbal, began to notice suspicious bruising. They complained to the nursing home administration, but it failed to look into it. The family then placed a hidden camera in Ms. Arellano's room, which caught caregiver Monica Garcia slapping Arellano, pulling her hair, bending her fingers, and treating her violently. When the tape was revealed, Garcia was charged with criminal acts, and the family brought an elder abuse lawsuit against the nursing home.

The lawyer for Arellano, must have done an excellent job. He told the Ventura County Star that he offered to settle the case for $500,000, but was rebuffed. The nursing home, through its attorney Tom Beach, never offered a dime to resolve the case.

Ironically, Fillmore Convalescent received a five-star rating, the highest, from the Nursing Home Compare system, operated by the Centers for Medicare and Medicaid Services.

Continue reading "Ventura Nursing Home Found Liable for Elder Abuse in the Amount of $7.75 Million" »

A committee of Iowa legislators has approved new regulations intended to prevent abuse of the elderly.

The rules expand the number of hospital workers who are considered mandatory reporters of abuse to include food service workers and housekeeping staff, and define "gross negligence" as a form of abuse.

The Legislature's Administrative Rules Review Committee voted unanimously Tuesday to let the new rules take effect Jan. 1, 2010 as recommended by the Iowa Department of Inspections and Appeals.

Lobbyists for Iowa's hospitals and nursing homes attended Tuesday's meeting and argued against approval. They said the state inspectors' definition of gross negligence would result in too many caregivers being branded as abusers. They argued that gross negligence requires a willful, deliberate effort to harm a patient.

Iowa's changes would make it very, very difficult, if not impossible, to prosecute somebody in a nursing home or a hospital,says California elder abuse attorney Steven Peck who may be contacted toll free at 1.866.999.9085 "we don't want to make it impossible. just fair."

Iowa is addressing the actual abuse and actual neglect, and those are things we really needed to be addressed as in any other state says Attorney Steven Peck.

The Federal Deposit Insurance Corporation (FDIC) has announced that the Elder Financial Protection Network has received the FDIC Chairman's Award for Innovation in Financial Education. The FDIC Chairman's Award recognizes excellence and innovation in financial education, and also highlights potentially replicable best practices. These non-monetary awards are the final component of the Federal Deposit Insurance Corporation's 75th anniversary observance and meant to demonstrate the Corporation's ongoing commitment to financial education and helping consumers use financial services effectively. EFPN, one of six organizations recognized, was the only California nominee to be awarded this honor.

The award recipients were selected based upon results, program innovation and program content. Factors taken into consideration included use of creative or novel approaches, ability to capture a new or non-traditional audience and what measures they used to determine effectiveness.

EFPN, a not-for-profit organization headquartered in San Francisco, was created as a unique collaborative partnership consisting of financial institutions, social service providers, law enforcement agencies, professional and trade associations, non-profit organizations, and legal professionals to combat the financial abuse of elders and dependent adults in California. EFPN's mission is to prevent the financial abuse of elders through innovative partnerships that build public awareness, drive community outreach, and provide professional training. Programs include: direct community outreach and education for seniors and professionals; regional Call to Action conferences; print materials, video and online training programs and a dynamic new website with dual portals for consumers and professionals seeking information and resources. In 2010, EFPN will celebrate its 10-year anniversary as an organization.

Continue reading "Elder Financial Protection Network Combats Financial Elder Abuse" »

The elderly are prime targets of con artists. Police say financial elder abuse is a growing problem and it's only getting worse.

Elder law Attorney Steven C. Peck says "it's a growing problem among the elderly,Elderly people, a lot of them are trusting and come from a generation of trust and they are very intimidated by the person. They really want to believe it is someone who is actually trying to help them."

Many con artists find the elderly attractive targets because they are usually the most financially stable.

"People with the most amount of wealth are those over the age of 65, that combination makes them vunerable and makes them prey for people looking to steal, con, rob our elderly," says Peck.

Besides being bad for their financial health, the effects these scams have on the elderly can be bad for their physical health as well.

"There is a high number of people who die after being a victim of financial exploitation," says Peck.

"When someone comes and takes that money, commits elder abuse, they feel vunerable, they are devastated," "Most of them are stressed out to the point it can have affects on their health and sometimes that is just as bad as physical abuse."

Experts say the money is often times never returned, and the difficult part in prosecuting is the elderly victims may longer be around when the case is brought to court.

Continue reading "Financial Elder Abuse an Epidemic Problem" »

Illinois leads the nation with the most unsafe black nursing homes, according to a new analysis by The Chicago Reporter.

The Reporter analyzed data from the U.S. Government Accountability Office, which listed 580 of the nation's most unsafe facilities among roughly 16,000 nursing homes in the U.S. The office compiled the list by analyzing each homes' three most recent inspection survey results as of December 2008.

The Reporter was able to identify the racial composition of 531 of the list's 580 homes. Among these homes, 53 were facilities where a majority of the residents were black. Of those homes, Illinois had the most facilities with 12. Michigan came in second with seven.

The Reporter found that of Illinois' 51 majority-black nursing homes, 24 percent appeared on the federal list for having the worst safety records for elder abuse. By contrast, just 5 percent of the state's white nursing homes appeared on that same list, 31 of the 685 majority-white homes.

The Centers for Medicare & Medicaid Services oversees national nursing home abuse safety. Each state conducts its own inspections using the agency's federal guidelines. However, differences in state licensing standards and in state policies can affect the outcome of these surveys, said spokesman Peter Ashkenaz.

[R]anking facility scores within a state, rather than nationally, provides a more useful way of gauging the performance of nursing homes and elder abuse.

The Reporter found that the disparities also occurred at a national level. Black nursing homes represented 10 percent of homes on the government's list of unsafe homes, but just 5 percent of all nursing homes in the nation. No other racial or ethnic group was overrepresented in that way.

These disparities were even more acute in Chicago, where nearly one in four black nursing homes--seven of 30--and none of the 45 majority-white homes were listed as being among the most unsafe in the nation.

All seven of the majority-black nursing homes are located on the city's South Side: Alden Wentworth Rehab and Health Care Center, All Faith Pavilion, Avenue Care Center, Belhaven Nursing and Rehab Center, Rainbow Beach Care Center, Renaissance Park South, and South Shore Nursing and Rehab Center.

All of the majority-black homes in Illinois that appeared on the list are for-profit organizations. An established body of research, including the Government Accountability Office report, has found that for-profit homes tend to score lower on many indicators than nonprofit facilities.

Continue reading "Illinois leads Nation with Most Unsafe Black Nursing Homes" »

An Alameda County judge has stopped the state from disqualifying people with felony records from being in-home care workers, the third judicial setback for Gov. Arnold Schwarzenegger's attempt to scale back the program that provides domestic help for 462,000 low-income elderly and disabled Californians.

Superior Court Judge Frank Roesch issued a temporary restraining order on Nov. 24, 2009 that halted enforcement of the restrictions at least until Jan. 29, 2010 when he holds a hearing on a longer-lasting preliminary injunction.

Schwarzenegger had put the new rules into effect on Nov. 1, 2009. They were challenged by seven in-home care providers who cited a state law that bans workers from the program if they had been convicted of a specific felony - involving fraud against a government program or child or elder abuse - in the previous 10 years.

The governor's regulations go further, barring anyone who has been convicted of any felony, or of misdemeanors involving child abuse, from working in the program.

Roesch told lawyers during the hearing that the plaintiffs were likely to prove that the state lacked legal authority for Schwarzenegger's restrictions, said Peter Sheehan, attorney for the workers.

The In-Home Supportive Services program provides care to the blind and disabled and those older than 65 who need help with daily tasks to live at home. The federal government pays about 60 percent of the cost.

Schwarzenegger has said there is widespread fraud and abuse in the program and has ordered background checks for workers and fingerprinting for workers and recipients.

In June, U.S. District Judge Claudia Wilken rejected the state's attempt to cut $2 an hour from in-home workers' wages, now $10 to $12 an hour in most counties. Wilken blocked a second cost-cutting measure in October, 2009 which would have eliminated home care for 36,000 people and reduced services for 97,000.

The ban on convicted felons was not designed as a money saver, but as a measure to protect the program and its recipients. Sheehan, of the nonprofit Social Justice Law Project, contended the exclusion is much broader than necessary and would force many elderly and disabled people into nursing homes.

He said it would ban one of his clients, who has a 33-year-old felony conviction, from continuing to provide state-paid care for her 90-year-old mother. Another client has cared for her elderly mother for the past eight or nine years after being convicted of manslaughter for a fatal car accident, Sheehan said.

Lizelda Lopez, spokeswoman for the state Department of Social Services, said the regulations are based on long-standing state laws that require suspension of any health care provider convicted of a felony or certain serious misdemeanors. State lawyers concluded the laws prohibit any such person from giving in-home care, she said.

But Sheehan said the laws were intended to apply only to those who committed crimes while working in the program and have never before been interpreted to cover all past convictions.

Continue reading "California Temporarily Halts Disqualification of In-Home Care Givers with Felony Records" »

One of your parents is still alive, there is no legal challenge you can make to his will - and he may change his will again before he dies. The starting point may be for the wife to speak to her husband to try and assess whether he knew what he was doing when he made this will and whether he did so of his own volition.

If your father dies without changing his will and his wife remains concerned about whether it represents his wishes, you may be able to 
challenge it by showing that someone exerted 'undue influence' or elder abuse on the father when he made the will, or that he lacked the capacity to make it.

However, the test for 'undue 
influence' and financial elder abuse is a difficult one to satisfy. While there may be a very bad smell about the circumstances in which he made the will, this would not be enough to prove that your ssomeone unduly influenced her father.

The fact that the someone arranged for an attorney to see the father would not in itself prove undue influence. In fact, if an attorney was present and acted properly, establishing that your father knew what he was doing and was acting of his own free will (and made file notes to that effect), it may be much more difficult to challenge the will.

If the will remains in place on your father's death, it would be advisable to obtain a copy of the attorney's file so that you can establish the circumstances in which he made the will.

Alternatively, if you were able to gather sufficient evidence, you could seek to prove that your father lacked 'testamentary capacity' and may have been the subject of elder abuse at the time he made the will. However, you would need clear evidence that he did not have capacity at the time. This would typically be medical evidence from his doctor. A review of the attorney's file should also shed light on this matter.

Continue reading "Establishing Undue Influence" »

Police are currently looking into a possible case of nursing home abuse that took place at Golden Moments Senior Care Center . The allegations include a nurse's aide threat to cut the throat of a 68-year-old man, slapping a woman, insulting other disabled and sick adults and taking the food away from starving residents of the said senior care center. In addition, there are also allegations that these horrible incidents took place for several months before these were reported to the administrator.

Meanwhile in California, Villa Valencia confronted another nursing home abuse lawsuit when Theresa Sperry, a 91-year old woman died due to Alzheimer's and painful pressure ulcers on her feet. The family of Sperry cited negligence and excessive profit-orientation of the said nursing home as main reasons why Theresa Sperry died.

These two cases are two examples of nursing home abuse which is becoming prevalent in many nursing homes across the United States. Nursing home abuse has become a pressing issue nationwide as reports show that thirty percent of the facilities in the United States are cited for cases of abuse. What is more alarming is that nursing home abuse statistics shows that these instances of nursing home abuses are never reported to the authorities.

If your loved one is elderly and is currently confined to a nursing home, it is imperative that you should look into his or her welfare. One way of ensuring the welfare of elders is knowing some of the caveats of nursing home abuse. Here are some of the most commonly observed signs of physical abuse.

Assault
Battery
Rape
Sexual Assault
Unreasonable physical restraint
Elder reports incidences of being slapped, ridiculed or mistreated
Deprivation of food or water
Giving improper medication
Unexplained injuries
Caretaker cannot sufficiently explain condition of the elder
Open wounds, cuts, bruises or welts
Slapping, pushing, shaking, beating

Other indication of nursing home abuse is negligence of caretakers or nursing home personnel. In addition, some signs of neglect on the part of caretakers include disregarding the needs of elders, neglecting medical problems, failing to help in personal hygiene, failing to maintain clean and safe conditions and failing to protect from health and safety hazards.

Sometimes, physical abuse and negligence are not the only abusive things that take place in our nursing homes. Verbal and emotional abuse is also common. Let us take a look at some signs that might tell you that your loved one in nursing home is experiencing verbal and emotional abuse.

Agitated or upset elder
Strange behavior like non-communicative or withdrawn
Frightened
Wanting isolation from the people

Continue reading "Nursing Home Abuse Still Very Very Prevalent" »