California Elder Law Attorney Blog

It could be human nature to say that such a thing could never happen to anyone. An attorney that specialized in Elder Law and protecting the elderly, was hired after researching the best, moreover, the attorney referred the client to a home health aid to monitor his mother in the nursing home to shield her from and report any abuse.

Even more, client hired a financial adviser to monitor her investments and pay bills when necessary. Additionally, client employed a property manager to manage, lease, maintain, collect the rents from her home and deposit the proceeds into her account. So how was it possible that this support system collapsed, completely states California Elder Law Attorney Steven C. Peck.
The home health aid, recommended by both the attorney and the financial adviser, told client his mother had to sell her home to pay for her medical expenses. Red flags went up. Perhaps unknown to the home health aid client had enrolled my mother in a Kaiser Permanente medical insurance program and had taken out long term care insurance as well.

Client's suspicions that the home health aid was lying about the cause of the sale of the home were confirmed with the appearance of the tax statement. Only two thousand dollars in medical expenses. During the police interview, the home health aid stated that she "misspoke" and stated instead that the home was sold because of the expense of cost for repairs. The cost of the repairs, $10,000. As shown in the real estate sales contract, my mother reduced the sales price of her home to the buyer by $10,000 to make the stated repairs. sounds like more than a red flag indicates California Elder Abuse Attorney Peck.
The home had been generating $10,000 a year in rental income for client's mother. She had owned the home for twenty-five years and it was insured against damage and fire.

Client's mother's attorney, during an interview by law enforcement, stated that "no rights whatsoever" were given to the home health aid. A false representation, according to court documents the home health aid had acquired financial Power of Attorney. Client discovered the transfer of my Power of Attorney to the home health aid after client's mother's death. Very suspicious? The law enforcement officer could have verified the attorney's statement and claims by checking county public records or asking the attorney for a review of my mother's legal file. This was not meant to be.

Meanwhile Client started asking questions of others- the financial adviser, the real estate broker, the property manager, and the financial advisers,client's mother's home was put on the market and sold for a profit of US$300,000. An attorney informed client that the home was probably sold so that the sale of the home could not be rescinded. The sale of a home under emotional duress and a sale based on fraudulent foundation could be rescinded. in many instances states Los Angeles Elder Abuse Attorney Steven C. Peck.
Kaiser Permanente physician Barbara Paul, M.D. recorded in the Patient Progress Report six days before mother, age 87, signed the contract to sell her home that "Since Thursday a lot of probs piling up/decisions going in circles/trouble deciding what to do. Now w/songs playing over and over in her head for almost a week. A/P Paranoia w/auditory hallucinations".

For the past week the home health aid had been taking client's mother to meetings with the attorney, financial adviser and real estate broker about selling her home. All eventually benefited by the commissions and fees earned directly from the sale of the home and these are the trusted individuals?

Shortly after client's mother signed the contract to sell her home, she was admitted to Kaiser Permanente Emergency Room with the presenting complaint, "I had to give up my home." According to Kaiser Permanente medical report, three days later she was diagnosed with Dementia.

The law enforcement investigator, according to the police report, who was assigned to investigate client's complaint did not interview the physicians or psychiatrists who had provided treatment for my mother. He could have interviewed them about client mother's state of mind before, during, and after she signed the contract, but no interview took place... even after client's complaint was published as front page news in a local paper. Client mother's attorney stated to the law enforcement investigator my mother was "mentally competent" to make the decision to sell her home, as well as manage her financial affairs. According to the police report, the police investigator diminished the seriousness of my mother's mental state.

The attorney selected the real estate broker that sold the home. The real estate broker who listed and sold the home reported to the police investigator that client mother, mentally, was "sharp as a tack". All proceeds from the sale of the home were used to open a new account at a stock investment company managed by a business associate of the attorney, Northwestern Mutual. The attorney stated that the account was shut down after the collapse of the stock market. The attorney stated that the remaining funds were transferred to client mother's original account at Prudential Securities. That does not make sense to me. The police report does not mention what the opening balance was at Northwestern nor the closing balance. The new Northwestern financial adviser was never interviewed during the police investigation. The closing balance equaled the opened balance. Does that constitute the failure of the account? The police investigator could have asked these questions. Is the transfer of the funds from Northwestern to Prudential a statement of Northwestern's incompetence, or were the funds transferred for a different reason? When client asked questions about client mother's Prudential Securities financial adviser about her account, the financial adviser stated,"You are getting my hackles up!!!"

Client then filed a complaint with the Securities and Exchange Commission. Their email response to the client complaint was this, "Hire an attorney. It is your word against theirs." and that was the last client heard from them. Client does not have $75,000 to hire an attorney. Elder abuse and fraud persist for these very reasons. Complaints filed with regulatory agencies are but voices in the wind. Legislation passed to fight against elder abuse is worthless when regulatory agencies do not respond and follow through with filings by complainants. The result of these types of responses has a horrifying and stun to silence effect on the complainants and the victims.

The home health aid wrote a note to Kaiser Permanente instructing them to contact her and not client regarding any issues involving my mother. This information, written on a small yellow sticky note, was recovered when client obtained client mother's medical files from Kaiser Permanente after her death.

The home health aids´ invoices recovered after client mother´s death showed billings for up to $60.00 a day at $20.00 per hour for cleaning her room at the nursing home. Room cleaning and maintenance had been included in the services provided by the nursing home and those services were billed for in the monthly nursing home fees.

Client then actually reported client's complaint to the State of California Governor's Office emergency response unit for elder abuse. Agent Araceli Flores was assigned to client's complaint. Agent Flores met with client several days later. Then she spoke to the police investigator assigned to investigate client's complaint. Client waited a month for a response from Agent Flores. Nothing.

Client then called her at her Sacramento office asking her what had happened, why had client not heard from her. No one answered the phone. Client then left a telephone message with her answering service, cries and pleading to her for her to continue her investigation and please contact client. She never responded. Client then called her supervisor leaving a message for help. Again, no response.

Two months later, client received a banker's box from the State of California elder abuse investigating unit containing the files client had given to Agent Flores for review. There was no cover letter in the box, only client's research and findings involving my complaint.

After reading the police report involving my complaint client learned that Agent Flores was convinced by the police investigator to drop my complaint.... everything would be taken care of on a local level. No need for an independent investigation by State of California officials.

The police investigator could have allowed Agent Flores to continue her investigation. What would have been the harm? Allowing the State of California to conduct its own independent investigation would have not cost the local police department any cost in labor hours or any other of its resources. It was about that time that client stopped contacting other state and federal agencies about client's complaint. Crushed and demoralized, Client thought any other independent investigation would be shut down by the local police department.

At the time of client's interview with the police investigator, he informed client that the home health aid still had some of client mother's funds in her Prudential Securities account. A year and a half had passed since client mother's death. Client asked the police investigator why client mother's attorney, financial adviser, or home health aid had not informed client of the existence of these funds? The police investigator responded, "The money is probably being used to pay bills." A year and a half after client mother's death? What bills? No accounting was provided showing what bills remained unpaid. During the entire course of client's independent investigation, the home health aid refused for over one year to respond to client telephone calls, emails, and USPS certified mail client had sent to her. She cancelled her email account. What was client mother's money doing in the home health aid's account? And, an account with Prudential! Approximately two weeks after the police investigator was informed of the existence of the funds client received a check from Prudential Securities for $6,300.00. There was no letter providing an explanation for the check. The check did not list the home health aid's name. The name of a subsidiary company of Prudential was named as payee.

Client mother´s elder law attorney is still in business today. The real estate broker and the financial adviser, both working for international corporations, remain in business. The home health aid, according to her attorney´s court testimony "lost her business" of $60,000 a year. No demand for retraction of information client provided the three front page newspaper articles about those people was made. No counter lawsuit for defamation or libel was filed.

Client is now in litigation and is in a state of emotional and physical collapse under the multiple pressures of the shocks of discovery, trial preparation, key witnesses repeated refusals to accept subpoenas, the police investigator now asking client to change the date of the trial, client's uncertainty if I had answered demurs correctly, strict protocols for court document preparation, court deadlines, trial management meetings, settlement conference preparation, preparation for deposition and cross-examination questioning of the defendant and the witnesses. Client was unable to take the legal proceedings as a result of the deteriorated emotional and physical condition client was in and suggested client as a result thereof drop legal proceedings. Client agreed. Immediately client's attorney called the defendant's attorney and said, "We have a settlement!"