California Elder Law Attorney Blog

Mention the phrase "elder abuse" and most lawmakers conjure up images of the fleecing of Brook Aster's estate or an elderly relative kept in squalid conditions. Cases like these usually make for excellent tabloid fodder. In fact, recently the New York Post prominently featured a story about Cher Thompson, a young woman who allegedly bilked a near deaf 90-year-old man with dementia of his life savings.
But what gets lost is perhaps the most prevalent form of elder abuse-financial elder abuse by stockbrokers. FINRA, Wall Street's governing and enforcement body, defines financial elder abuse as the "misuse of an older adult's money or belongings by a relative or person in a position of trust."

A clear cut example recently made headlines in a number of financial trade publications. Two stockbrokers named Thomas B. Cooper and Peter L. Boorn at Beverly Hills-based StockCross Financial Services Inc. allegedly bilked a 95-year-old investor named David Wolfson of nearly all his assets and put his house at risk after recommending unsuitable and risky investments. The brokers dropped Mr. Wolfson as a client once they drained him of his cash. An arbitration panel awarded Mr. Wolfson triple damages in the amount of $1.6 million, an unprecedented amount, underscoring the severity of the abuse.

Exploiting the elderly is actually quite common on Wall Street. There isn't a lot of money to be made managing the accounts of risk-averse investors who are looking to clip coupons and live off the interest income from their investments. Some Wall Street firms just can't help themselves and see the elderly as ripe for the picking.

Another recent example was the case of Sergio M. Del Toro. Mr. Del Toro is now banned from the securities industry for defrauding a 90-year-old Minnesota man who lived in a nursing home of $511,000. Mr. Del Toro recommended that the elderly man put his entire net worth into the company stock of a firm called 3rd Dimension, for which there was no market or publicly quotable pricing. Mr. Del Toro's alleged motiviation was a classic one: he received a 15 percent commission, or about $76,650.

Elder abuse can also take the form of sales of securities that on the surface seem reasonable but in fact are inappropriate. Although FINRA specifically warned brokerages in 2007 against taking advantage of elderly investors, it didn't stop Wall Street in 2008 from targeting the elderly with investments that preyed on their need for liquidity. The most common of these investments were the preferred shares of major financial institutions that offered attractive dividends.

Continue reading "Sales of Securities and Elder Abuse" »

Are you currently considering a nursing home stay for either yourself or a loved one? In either case, you would expect to receive the best care, especially for the very expensive prices nowadays, wouldn't you? Unfortunately, locating a facility that provides genuine quality care may be tantamount to finding the proverbial needle in the haystack. Know the truth about nursing home or assisted living facilities before you decide.

This in a excerpt from a CNA "One of the many duties of a CNA, or certified nurse assistant, is to help the residents of the nursing home with their morning routine. While assisting a certain resident, I noticed the sliding doors of her closet were broke and one of them wouldn't open without forceful tugging. After getting her clothes together, I opened a drawer for some socks and a few roaches crawled out from the haphazardly bundled clothing. I later discovered most of the rooms in this particular facility were in the same appalling condition.
Mysterious injuries to some of the mentally handicapped residents also created rumors of abuse. Yet, no one seemed to know anything about it. Through the Medicare and Medicaid programs, the federal government is suppose to conduct on-site inspections of nursing homes participating in Medicare and Medicaid and to recommend sanctions against those homes that are violating health and safety rules. Yet, this particular facility, on several occasions, somehow received a Five Star rating after "inspections".
I assumed I made a bad employment choice and the next nursing center would be better. I was wrong. Within three months of employment at a different facility, a couple of senior residents confided that a certain nursing assistant was handling them roughly. Being the young newbie to the status quo, I hesitated to act. I was aware the elderly could be quite fragile, so perhaps the manhandling they described was a misunderstanding. Then I witnessed this same assistant "person" placing a soiled diaper onto the face of a resident several times in a teasing manner. I had seen enough, I brought this to the Director of Nursing (D.O.N).
I was not aware at the time however, that both the nurse of that shift and the D.O.N were both friends of the abusive assistant. Therefore, when a meeting was finally convened on the matter about a month later, you can probably imagine what the outcome was. My heated defense of the residents fell on deaf, dumb and blind, ears. The so-called nurse defended the abuser and the D.O.N merely pointed a finger at this assistant and said, "You were wrong." and absolutely nothing else followed, not even a written reprimand. However, I became known as the "trouble-maker" shortly after the meeting.
Fortunately, there was some poetic justice; the abusive assistant was later fired for getting into a "fist-fight" in an elevator with another assistant. This was a "Holy" facility in the suburbs of Illinois.
A large man with documented psychological problems abused other residents at the last facility in which I was employed. Although there were several staff complaints and he choked a female caregiver at one point, his transfer to a more appropriate facility was continually delayed to maintain the profits of his stay. It therefore seemed unconscionable to hear the, oddly high-strung, administrator of this same facility was rumored to be embezzling holiday funds that were meant for the caregivers.
When I learned a new policy required completely untrained caregivers to pass medication to the residents, I began to update my resume, and when I learned that there wouldn't be a nurse at all for the night shift, I turned in my two weeks notice. It was an obvious attempt to save money by limiting or eliminating professional care. These facilities never mention to visiting family members that when the patient or resident census is low, the nursing assistance is often cut to save money. This practice can lead to neglect, which tends to create new issues, such as bedsores for the bedridden residents.
There was a certain focus prevalent among the many facilities in which both my wife and I were employed and apparently, nothing has changed. They all claimed the well-being of the resident is the primary concern; some even placed impressively framed statements or plaques on the walls with their creeds of care. There was no fine print however, that stated the true primary concern above all else was Money. Making money and saving money. A single resident brings in five to eight thousand dollars a month and in "special care units" such as an Alzheimer's unit, it can be $10,000 a month. Thus, everything, and I do mean EVERYTHING else, is of lesser importance. What makes this statement all the more outrageous is that it may actually sound naïve to some, in today's corporate controlled world. "Of course it's about money, what else could it be about?"
It should be mentioned the examples given above are extreme and may not necessarily occur in all nursing centers. However, the Centers for Medicare and Medicaid Services (CMS) on February 5, 2008 named 4,037 nursing homes whose pressure sore and/or physical restraint rates it says have targeted them for "improvement". Thus, anyone who is considering a nursing home or assisted living facility stay, for either a loved one or themselves, should consider and understand the reality of these facilities and the possible measures that can be taken to promote better care."
So, what can you do if you believe extended assisted living or nursing care is needed for you or a loved one? Here are some suggestions and options you might want to consider says California Nursing Home and Abuse Attorney Steven C. Peck.
- If distance is not a major concern, you may be able to locate a decent facility via the Senior Housing Net.com site. After choosing a place, if you have the means, research the facility. Find out what you can about it before you visit it. Perhaps you can check for recent complaints, or any history of lawsuits, with the Better Business Bureau online. If this is not an option, arrange a visit and ask the residents about the care, their rooms, the food, etc.
- Notice if you can detect urine when you enter the facility. If there is no one in the immediate area and the odor is very noticeable, we suggest that you turn around and leave. It is a telltale sign of poor sanitation and or possible neglect of bedridden patients.
Most assisted living centers are modeled impressively to give a beautiful "Home-like" appearance and most new residents agree it is much better than the sterile-looking hospital appearance of many nursing homes. However, do keep in mind; it is not necessarily an assurance of superior care. In other words, appearances can be deceiving.
- Ask about the training background of the CNAs (certified nursing assistants) or caregivers, they will be assisting you or handling your loved one the majority of the time. Many assisted living centers do not require their caregivers to be certified assistants, choosing to hire untrained or inexperienced caregivers who are then asked to attend an in-service or two.
- How many caregivers or CNAs are assigned to each unit? How many nurses are there to a unit? Is the ratio to patients or residents adequate for dependable care?
If you must stay at a facility of questionable quality, try to arrange any of the following:
- If possible, have a lawyer present when filling out the admission forms. Some may say it is an unnecessary waste of money, however, nursing facilities abhor any possible legal action against them and a lawyer intimidates much like a wooden cross does when held up to vampires.
- Arrange periodic unannounced visits from family or friends. This serves more than one purpose. First, it provides witnesses to any neglect or problems. Second, it helps keep the staff on their toes regarding your care. Should any incidence of abuse occur, a quick internet search provides a long list of nursing home abuse lawyers.
- If you are a visiting family member and your loved one is in bed most of the time, check for any bedsores on the heels, hips, buttocks, back or elbows. It is your Right to thoroughly question any injuries and be certain they have been properly documented and the doctor has been informed.
- If it is within your budget, you may choose to hire a reliable private sitter to provide one-on-one assistance or care within the facility. Many families prefer this option as it provides not only constant personal attention but companionship as well. Facility staff appreciates it for the relief it can bring during a high census. As an experienced private sitter, I can attest that it is much more preferable to care for one patient than to juggle ten or twelve.
- Another option that may save you money is to hire a private home sitter. Many patients obviously prefer this because it allows them to stay in their home with a caregiver to assist them. A nurse will often be required to make periodic visits as well for any medication that must be administered. There are many agencies to assist you with this.
Although there are many negative stories about nursing facility care, it does not mean you, or a family member, will have the same negative experiences. Believe it or not, there are plenty of satisfied residents, or patients, who do not regret their move into an assisted living or nursing home and who have made new friends.
So, now that you have been given some worst-case scenarios, says California Elder Law Attorney Steven C. Peck who may be reached toll free at 1.866.999.9085 and on-line at www.premierlegal.org. Here's hoping you are prepared for the worst but experience the best.

Requiring more nurses to be on duty in nursing homes is key to improving care, according to a labor union and a watchdog group. Now, nursing homes are required to provide at least 3.2 hours of nurse staffing per patient per day. Some want the minimum raised to 3.5 hours.

Legislation that became law in 2008 mandated that an 18-member "workgroup" be formed to recommend how to improve care in nursing homes indicates California Elder Law Attorney Steven C. Peck.

The workgroup included members representing nursing home owners, the SEIU, the watchdog group California Advocates for Nursing Home Reform (CANHR), senior citizens groups and others.

The group was concerned with Assembly Bill 1629, which changed how nursing homes are paid and provided them with higher payments. The workgroup held a number of meetings. Its efforts were overseen by the state Department of Health Care Services, which was supposed to issue a report to the Legislature last March.

The report is still being finalized, said Lisa Gray, a spokeswoman for the department. She said she couldn't give a date when it's expected to be released.

Each member of the workgroup produced a list of recommendations for improving care at nursing homes. SEIU and CANHR both recommended raising the minimum nurse staffing level from 3.2 to 3.5 hours.

The union wrote that plans should be made, also, for how to reach the staffing level of 4.1 hours that some experts have recommended.

CANHR recommended that nursing home rate increases should depend on homes' meeting the 3.2-hour minimum. "We don't think they should be granting any rate increases to homes that don't meet 3.2," said Mike Connors, a CANHR advocate who served on the workgroup.

Last year, a bill was introduced in the Legislature that would have required nurse staffing levels to be at least 3.5 hours per day per patient, in place of the current 3.2 hours requirement.

Assemblyman Warren Furutani, D-Gardena, introduced the legislation, but he later withdrew it at the request of its sponsor, the SEIU, said Leilani Yee, Furutani's legislative director. Mary Gutierrez, a spokeswoman for the union, said the SEIU felt it couldn't do a good job of promoting the bill when it was so focused on the state budget. The measure might be introduced again next year, she said.

On another matter, both CANHR and the SEIU objected to nursing homes' being able to use money it received through Medi-Cal to buy liability insurance.

CANHR said the practice should be stopped altogether, while the SEIU called for controlling how much could be spent for that purpose. Owners of nursing homes who participated in the workgroup also made recommendations.

They called for making AB1629 a permanent law.

They also recommended measuring how satisfied residents, families and staff are and including that information in nursing-home ratings.

Continue reading "California Wants to Increase Nursing Home Staffing Ratio Per Patient Per Day" »

There are nearly 6 million cases of elder abuse every year. That's approximately one case every five seconds. Unfortunately, many of these cases will go unreported. According to EADaily.com's projections, California continues to be the state with the greatest number of elder abuse cases in the U.S., with 36% more than that of Florida, a state with second greatest number of elder abuse cases.

Elder Abuse Statistics by State AlaskaAlabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming Elder Abuse Resources
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■Data and Statistics
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U.S. Elder Abuse Statistics
■Every five seconds, an elderly person is abused.
■California accounts for 10.6% of all elder abuse cases in the U.S.
■Alaska has the fewest number of cases in the U.S. at approximately 8,900 cases per year.
■Just five states account for over 1/3 of all elder abuse cases in the U.S.
■California, Florida, New York, Texas and Pennsylvania have the most cases of elder abuse annually.

State / Region Elderly Population* Cases of Elder Abuse**
Arizona 1,176,503 129,952
Alabama 888,870 98,181
Alaska 80,613 8,904
Arkansas 561,850 62,060
California 5,728,021 632,693
Colorado 748,420 82,667
Connecticut 663,606 73,299
Delaware 169,763 18,751
District of Columbia 98,977 10,933
Florida 4,200,667 463,988
Hawaii 258,934 28,601
Georgia 1,433,316 158,318
Idaho 257,172 28,406
Illinois 2,176,100 240,363
Indiana 1,128,187 124,615
Iowa 596,110 65,844
Kansas 501,329 55,375
Kentucky 791,961 87,477
Louisiana 757,486 83,669
Maine 279,707 30,895
Maryland 964,119 106,492
Massachusetts 1,207,231 133,346
Michigan 1,822,024 201,253
Minnesota 902,284 99,662
Mississippi 516,129 57,009
Missouri 1,110,339 122,643
Montana 192,524 21,265
Nebraska 325,406 35,943
Nevada 432,112 47,729
New Hampshire 243,936 26,944
New Jersey 1,591,554 175,796
New Mexico 360,142 39,780
New York 3,597,839 397,402
North Carolina 1,623,389 179,313
North Dakota 125,521 13,865
Ohio 2,158,611 238,431
Oklahoma 677,530 74,837
Oregon 715,847 79,069
Pennsylvania 2,576,689 284,610
Rhode Island 202,028 22,315
South Carolina 849,263 93,806
South Dakota 157,050 17,347
Tennessee 1,155,990 127,686
Texas 3,515,525 388,310
Utah 344,758 38,081
Vermont 124,102 13,708
Virginia 1,337,055 147,685
Washington 1,127,229 124,509
West Virginia 393,061 43,416
Wisconsin 1,031,904 113,980
Wyoming 93,669 10,346
Grand Total 53,972,452 5 5,961,568

* Elderly defined as 60 years of age and older.
** Estimated # of reported and unreported cases of elder abuse.

Continue reading "Elder Abuse Data and Statistics" »

It is a sad fact of life that elders who have worked and saved their entire lives become vulnerable in their later years. While elder abuse may be physical, it is more broadly defined to include financial abuse. The laws provide remedies and the courts have become more sensitive to this issue.
1) Is the person an "elder" or "dependent adult?"
An elder is defined as anyone 65 or older. A dependent adult may be younger, and is one that due to physical or mental condition must depend on another for care.

2) Has there been "financial abuse?"
Everyone has the right and capacity to dispose of their property as foolishly as they choose. If they have been subjected to unusual pressure, duress, coercion, trickery, artifice or device to part with their property to the benefit of some other person, there may be elements of financial abuse.

3) Is the object of the elder's bounty a fiduciary or enjoy a confidential relationship?
When a person has a fiduciary or confidential relationship with the elder and has received property or value from the elder, there may be a presumption of fraud without proving actual fraud or any lack of competency of the elder.

4) Does the elder suffer from any medical or mental condition?
If at the relevant time the elder is suffering from mental or medical conditions which materially affect his or her ability to resist the importuning of others, resulting in the impoverishment of the elder and/or otherwise benefiting the recipient of the elder's largesse, grounds may be established for a case of elder abuse.

5) Does the elder require appointment of a conservator?
If the elder does not seem able to take action by himself or herself to stop the financial abuse and seek recovery directly against the recipient, then some person must apply to the probate court to be appointed conservator to seek recovery.

6) If the elder has passed away, appointment of an estate representative may be required.
Frequently elder abuse is not discovered until after the elder has died, in which event someone (usually a natural heir) must seek appointment as estate representative and sue the recipient for recovery of any property obtained as a result of elder abuse during the elder's lifetime.

7) Remedies include damages, attorney fees, injunctive relief.
The good news is that a successful case to recover property obtained by elder abuse may include damages (including punitive), attorney fees, and injunctive orders requiring the recipient to disgorge the ill-gained assets and their proceeds.

Continue reading "Financial Elder Abuse: Sone Very Important Factors To Consider" »

There seem to be more and more instances about how someone in a family or an individual in a trusted position, manipulates an elder with dementia and / or some kind of cognitive impairment, to sign a durable power of attorney, change the trust, etc.. when the manipulated person is no longer competent to know what they are signing. People do it to take control of money and believe that they can get away with it because the elder won't object and because it's expensive to try to stop the person who is the "agent" on the power of attorney.

Is there anything one can do if this has happened to your elder? Yes, there may be something you can do. First, if the elder has "cognitive impairment" or has been diagnosed with dementia, it is important to get a letter from the elder's physician verifying that he or she is not competent to handle his or her finances any longer. Without medical or psychological evaluation of the elder and evidence from one of these professionals, it is almost impossible to protect the elder from financial abuse.

One way around the problem is to seek the advice of an elder law attorney, who may be able to convince the court to order an evaluation, even if the "agent" objects to having the elder tested for competency by a doctor.

If an agent on a durable power of attorney has taken control of the elder's finances and is not using the elder's money for the elder's benefit, it may be time to get the authorities involved. Taking an elder's money and using it for any purpose other than to care for and protect the elder's health, safety and quality of life may be financial abuse. If so, it must be reported to the police, adult protective services in your area, or to a doctor, who will report the problem to the proper law enforcement entity. The letter reporting the evaluation of the elder's mental competency is a crucial part of reporting alleged elder abuse. Without it, law enforcement may not be able to tell who is being truthful and who is not.

Continue reading "Financial Elder Abuse: Manipulation of Those With Cognitive Impairment" »

The United States estimates that over 1.5 million senior citizens are abused, mistreated or victimized by family members, friends, caregivers or others they may come in contact with each year. Although those with physical or mental disabilities are more vulnerable, any elderly person is at potential risk.

From physical or emotional abuse to financial mismanagement or neglect, elder abuse comes in many different guises. The common result leaves the victim feeling worthless, alone or guilty.

Physical abuse (i.e., hitting, biting, pushing or other forced contact) can be considered the most extreme form of mistreatment. Elders who are victims of this kind of abusive behavior experience depression or sudden mood swings. Their physical appearance may be an indication of an abusive situation. An abused senior may have unexplained cuts, bruises, fractures or burn marks on his or her body. There are other forms of physical abuse. These are not so easily noticed. A caregiver might be over or under-medicating a senior, for example, or forcibly confining him or her to a single area indicates California Elder Law Lawyer Steven C. Peck.

One does not need to have physical contact with a senior in order to abuse them. Emotional, mental or psychological abuse occurs when the senior is ridiculed, threatened, humiliated or treated in a demeaning manner. Even the malicious destruction of an elder's belongings can be considered a form of emotional abuse says Los Angeles Edler Abuse Attorney Peck.

Although not as easily noticeable as physical abuse, emotional mistreatment can still be detected. The senior may appear upset, nervous or agitated. They may be hesitant or afraid to talk to others regarding the abuse they are experiencing.

One case comes to mind where a disadvantaged elder was constantly ridiculed, called names, and had her door pounded on constantly by a neighbor and the neighbor's children in a small four plex apartment building" recalls Steven C. Peck. "Although the elder was somewhat impaired, she understood how she was being treated."Eventually, the matter was settled for a substantial settlement for emotional abuse.

Financial abuse occurs when a caregiver, guardian or power of attorney steals, mismanages funds or sells personal property of an elder without his or her consent. Lying about the costs of certain needs of the elder is also considered a form of financial abuse.

The abused senior may request large sums of money to be given to the abuser. Other indications that someone is taking financial advantage of an elder may include a significant number of unpaid bills, money or items that are unaccounted for or abrupt changes in the elder's will, power of attorney and / or trust documents.

Neglect can be considered the most common form of abuse. When an abuser withholds food, medical support or any other care which a reasonable person would need, he or she is neglecting the senior.

Untreated bed sores, malnutrition, dehydration and unsanitary living conditions are only a few indications of neglect.

There are preventive measures that can be taken to avoid a potentially abusive situation. The elder should not be placed in the care of anyone who has a history of abuse. The elder should review his or her will, making sure any changes are truly what they want. Friends, family members and neighbors should visit the senior often to insure that abuse is not occurring. Most importantly, the elder should be reminded not to sign anything until someone else who he or she trusts has seen it states California Nursing Home and Abuse Attorney Steven C. Peck.

A person should be educated on signs and symptoms of abuse. If stress is realized early on, a potential abuser can be helped before any adverse effects occur. Talk with friends and family members and offer to help caregivers in order to prevent burnout before it is to late.

Continue reading "1.5 Million Elders Are Abused, Mistreated or Victimized Each year" »

Nursing Home Abuse in California
There are over 1,200 nursing homes in California. The state estimates that nearly 43% of California's elder population will use a nursing home at one point in their lives. A study by the United States General Accounting Office reported that one in three nursing homes were cited for "serious or potentially life-threatening" problems in 1998.

Report any suspicions of elder abuse immediately.

What are the types of abuses?
■Financial - Improperly assuming an elder's identity or theft or embezzlement of money or real property constitutes as financial elder abuse in California.
■Common indicators include:
■Unusual bank account activity
■Unauthorized credit card use
■Change of will, trust or deed
■Physical - This form of abuse includes, but is not limited to, hitting, spitting and biting of an elder.
■Common indicators include:
■Bruises or discoloration of the skin
■Unexplainable bone fractures
■Wounds
■Neglect - Failure to provide adequate daily necessities such as personal hygiene, medical care, food and water are some items that California constitutes as neglect.
■Common symptoms include:
■Poor personal hygiene
■Unusual drop in weight
■Dehydration
■Emotional - Verbal or non-verbal assaults made directly or indirectly to an elder. Common assaults include yelling, threatening, intimidating and confinement.
■Common symptoms include:
■Depression
■Anxiety
■Fear of others
■Hopelessness
Where can you find help?
In addition to the contact information listed below, you can also report elder abuse to Steven Peck's Premier legal toll free at 1.866.999.9085 and to the following local California regions:

■Los Angeles County - (213) 974-3501
■Orange County - (714) 834-3636
■Riverside County - (909) 955-5400
■San Bernardino County - (909) 387-6607
■San Diego County - (619) 531-4040
■San Francisco County - (415) 553-1752
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Continue reading "Nursing Home Abuse in the State of California: Elder Abuse Statistics" »

How to Prevent Elder Abuse

It's important to recognize the signs of elder abuse, but there are things that caregivers and older adults can do to avoid situations where elder abuse can happen.
Answer: Based on suggestions from the National Center on Elder Abuse (NCEA), here are some ways you can prevent elder abuse:

•Take care of your health. For caregivers, this means knowing when your stress level is out of control. Caregiving-while rewarding-can be hard on your physical and emotional health. Make sure you practice good self-care.
For older adults, self-care is important too, especially when your activity is limited by illness or injury. Eat healthy meals, get some form of regular exercise (ask your doctor for suggestions) and keep your mind active.

•Seek professional help for drug, alcohol, and depression concerns, and urge family members to get help for these problems. Support is available if you ask for it.

•Attend support groups for spouses and learn about domestic violence services. If domestic violence is a concern, don't wait to get help. Look for local domestic violence organizations, contact your local police, or look online for agencies and groups that offer domestic violence information and support.

•Plan for your own future. The NCEA recommends that you create a power of attorney or a living will. This will help you address important health care decisions while you are still healthy enough to make decisions. Having a living will or power of attorney (I have both) will help you and your family avoid confusion and problems if you become incapacitated. Be sure to seek independent advice from someone you trust before signing any documents.

•Stay active in the community and stay connected with friends and family. Social isolation is strongly connected with elder abuse, so whether you are a caregiver or an older adult, it's important to stay connected.

•Know your rights. For older adults, it's important to remember that if you or your family hire a paid or family caregiver, you have the right to voice your preferences and concerns.
If you live in a nursing home or a board-and-care home, NCEA suggests that you contact your Long Term Care Ombudsman if you have concerns. The ombudsman is your advocate and has the power to intervene on your behalf.

Some older adults feel embarrassed, ashamed or fearful about reporting any form of elder abuse. Please remember that your state and local communities have professional who are trained to handle elder abuse issues, so don't be afraid to speak up.

Continue reading "How to Prevent Elder Abuse" »

In 2007, Dr. David Graham, a drug safety expert with the FDA, testified before Congress and stated that approximately 15,000 people die each year in U.S. nursing homes from the off-label use of anti-psychotic drugs. Off-label use is the use of the drug for a condition it was not intended. In California, it has been estimated that up to 60% of all nursing home residents are given psychoactive drugs, which is an increase of 30% in only 10 years. It's no wonder that when we think about nursing homes, we think of isolated elderly people sitting hunched over in wheelchairs, or in bed, segregated from the world. That life is a sad realty for many.

To combat the misuse of psychoactive drugs, the California Advocates for Nursing Home Reform have released a publication called Toxic Medicine - What You Should Know to Fight the Misuse of Psychoactive Drugs in California Nursing Homes. The 20-page booklet provides an overview of what psychoactive drugs are, their purposes, the risks associated with them, and an overview of the resident's rights.

Primary among those rights is the requirement of consent. Before a psychoactive drug can be used, a physician must inform the resident (or his/her decision-maker) about the drug, why it is being recommended, and the risks associated with it, and then must obtain consent before prescribing it. The guide also provides a list of questions that should be asked of a doctor who is recommending a psychoactive drug, and what to do if it is suspected that the drugs are being used without proper authority.

Continue reading "The Misuse of Psychoactive Drugs: Elder Abuse In Nursing Homes" »

As we get older it is not uncommon to develop complications involving our respiratory system. Many elderly patients in nursing home care will require breathing tubes in order to support life. A clogged or obstructed breathing tube can often lead to brain damage or death. Another risk to residents is from aspiration pneumonia if food becomes lodged in their respiratory system.

It is the responsibility of the nursing home to ensure that their resident's tracheal tubes are properly placed and unobstructed and are cleaned regularly. Failing to provide this care is a form of nursing home neglect which would be preventable in most situations. Nursing Homes must have adequate numbers of well trained staff to assist with feeding and caring for the residents.

If someone you loved has suffered from an accident caused by an obstructed breathing tube, it is important to contact Steven Peck's Premier Legal toll free at 1.866.999.9085 to talk to an experienced nursing home abuse attorney and visit us on-line at www.premierlegal.org.

Why a Tracheotomy Tube is Needed
A tracheotomy tube, or a breathing tube, is used to assist with providing oxygen for the resident. It is inserted into the trachea through a small cut in the neck and acts as a patient's life support. The need for a tracheotomy can be used for a number of different reasons and conditions affecting the lungs. The main functions of a tracheal breathing tube are:
• To relieve mechanical airway obstruction
• To permit easy access for secretion removal
• To protect the airway from aspiration due to impaired cough and gag reflexes
• To provide mechanical ventilation

Hazards of an Obstructed Breathing Tube
A clogged breathing tube can have dire consequences. If a breathing tube is obstructed with either food or bodily secretions, then the pathway oxygen is also blocked. Being unable to breath and decreased oxygen levels for even a brief period of time can result in permanent brain damage, stroke and in certain instances, even death. Other risks include aspiration pneumonia, which is usually due to food or other substances getting into the lungs creating an infection often leading to death. When a nurse of aide is unable to spend sufficient time in assisting with eating and drinking it is possible for the food and liquids to be either lodged in the tracheal tube or the resident's airway and lungs.

An obstructed breathing tube is not the only complication surrounding tracheotomy tubes. If the tubes are not properly maintained and cleaned, then there could be a risk of infection. It is important that the nursing staff is adequately trained and use sterile technique to minimize this risk.

It is the responsibility of the nursing home to ensure that a resident receives quality care at the highest level practicable. The nursing home resident and their tracheotmy tube must be properly monitored by the nursing staff and adequate care must be provided. All residents will require different and particular care needs when it monitoring of their respiratory system. This will depend on the hydration, humidity, infection and nutrition of the patient as well as the patient's ability to cough and the patient's level of competence. No matter how much care a resident requires, the nursing home is responsible the necessary care or transferring the residnet to a facility that is capable of providing the care and treatment.

Nursing homes across the United States have an obligation to comply with minimum care standards established by state and federal regulations. Many times injuries occurring to residents of nursing homes, assisted living and other types of elder care facilities is due to a corporate organization which is focused on maximizing profits at the expense of safety. Many asphyxiation and trachiotomy tube incidents resulting in serious injury or deaths could have been prevented with increased numbers of attentive and well qualified staff providing additional supervision.

Federal law requires that a nursing home must have on duty at all times a sufficient number of qualified nursing personnel, including registered nurses, licensed practical nurses, and nursing assistants to meet the needs of the residents at all nurses' stations, on all floors, and in all buildings if more than one building is involved. This includes relief duty, weekends, and vacation replacements.

Federal regulation 42 CFR §483.25 (h) establishes a duty for the nursing home to ensure that the resident receives adequate supervision and assistive devices to prevent accidents:

42 CFR §483.25 (h) Accidents. The facility must ensure that--
(1) The resident environment remains as free of accident hazards as is possible; and
(2) Each resident receives adequate supervision and assistance devices to prevent accidents.

Despite both state and federal regulations designed to protect vulnerable adult, there are still an unacceptably high number of apirational pneumonia, dislodged or clogged trachitomy tube incidents in nursing homes due to inadequate staffing and training says California elder abuse attorney Steven C. Peck.

Sometimes people just need to know it's not OK. Getting out the information about what may or may not be elder abuse is the mission of Steven Peck's California Elder Abuse law practice.. "We want seniors to be able to know what's going on and reach to help them," says Peck, the managing attorney.

As the Baby Boomer generation n those born between 1946 and 1964 reaches retirement age, the number of Americans over age 65 is expected to reach 71.5 million by 2030.

Elder citizens will suffer from abuse, neglect, abandonment or exploitation. Every case may not be a crime, but all states deem physical, sexual and financial abuse as criminal acts.

In most cases, people don't start out intending to take advantage of or abuse the older people they care for. Caring for frail elders is a difficult and stress-provoking task, especially when the older individual is mentally or physically impaired. More than two-thirds of the abusers are family members serving in a care giver role, according to information from the Web site www.elderabusecenter.org.

The potential for abuse increases when the elderly, especially those in poor health are not "in the right place for the care they need," says Peck. People don't want to lose their independence by giving up their homes, pets or the life style choices such as smoking or drinking that make caring for them more difficult. Self-neglect can be an issue for an elderly person who is incontinent or neglectful about eating or changing clothes.

The most prevalent form of exploitation of the elderly is financial says Steven Peck, a California Financial Abuse Attorney. Some examples include cashing an elderly person's checks without permission or forging his or her signature on property titles or transfers. Sometimes previously uninvolved relatives or a seemingly caring stranger appear.

Scammers from home repair salesmen to purveyors of reverse mortgages and Medicare Advantage prescription plans can be a big issue for the elderly. "Some abuse is opportunistic, like leaving the checkbook out, or skilled and conniving like the window salesman, seniors are very trusting, lonesome and want friends." says Peck.

By Michael J. Berens Seattle Times staff reporter

Seattle Times' investigative series | Seniors for Sale
Gov. Chris Gregoire has ordered the Department of Social and Health Services to review its oversight of the adult-family-home industry, including each case of mistreatment detailed this week in a Seattle Times investigation.

The three-part series, Seniors for Sale, revealed that thousands of vulnerable adults have been exploited by profiteers and amateur caregivers inside adult homes -- sometimes with deadly results.

The homes are a growing, little-regulated housing option for the state's aged and frail. DSHS licenses owners to rent out bedrooms and provide meals and care for up to six residents.

DSHS on Tuesday announced several reforms to address problems outlined in the series. Included in the changes:

• Homeowners, for the first time, must post any DSHS investigative reports about their homes so residents, family members and visitors are able to read them.

• DSHS will publish its investigations of adult homes on its Web site, allowing the public for the first time to compare homes. The agency said the posting will be available this year.

• During DSHS investigations or surveys of homes, each resident will be interviewed and evaluated. In the past, investigators selected just a few residents to review.

"We're looking at any and all ways we can improve the system," said Susan Dreyfus, secretary of DSHS.

About 11,200 people reside in 2,843 adult family homes across the state; three out of five residents are private pay. There are some 1,100 homes in King County alone, more than three times the number of Starbucks stores.

The Times uncovered accounts of elderly victims who were imprisoned in their rooms, roped into their beds at night, strapped to chairs during the day so they wouldn't wander off, drugged into submission or left without proper medical treatment for weeks.

At a Tacoma adult home with a decadelong history of serious violations, a woman died of a heart attack brought on by a pressure sore that went untreated for a month.

The state encouraged the growth of adult family homes by imposing few regulations. There are no requirements for a minimum level of employees.

The Times examined 15 years of inspection reports and found that, time and again, DSHS excused reports of abuse and neglect, even when it knew that violators lied to investigators, falsified medical records or contributed to preventable deaths.

Louise Ryan, the state long-term-care ombudsman, said the changes are "just a start."

"A license by the state should mean something," Ryan said Tuesday. "The standards to open an adult family home should be tightened and it should not be a system where providers get to fail -- and harm residents -- as the primary screening tool as to if someone should be in the AFH business."

The Times also found that some owners of adult family homes have marketed residents as separate assets to be sold in addition to the house.

Gregoire told DSHS to examine how adult family homes are sold.

Dreyfus said she will contact the Washington Association of Realtors and request that real-estate listings make it clear that buyers of adult family homes do not automatically qualify for a license to run the home.

DSHS requires new owners of adult homes to undergo training classes, including a 48-hour course; pass criminal background checks; and provide proof of financial stability.

Dreyfus also said she will request that language in real-estate listings does not suggest that investors can profit from the purchase of elderly residents.

"I want to be absolutely clear that seniors are not for sale in the state of Washington."

Dreyfus, in an interview Tuesday, said the agency has made many improvements in the past year, including a new computer system to track enforcement actions. However, the governor wrote in her Monday letter to Dreyfus: "While you have made many improvements there is more work to be done."

Members of the Washington Residential Care Council, which represents the adult-family-home industry, said they support the governor's request and the DSHS changes.

The Olympia-based council has estimated that fewer than one in 10 adult-family-home owners have faced serious sanctions such as license revocation or a ban on accepting new residents.

"One of the things I really hope comes out of this series is a heightened sense of awareness of family members, and all citizens, as we all look out for the most vulnerable," Dreyfus said.

Continue reading "Seattle Times Investigates the Adult Family Home Industry" »

Recently, the Seattle Times newspaper began a series of reports, entitled "Seniors for Sale," by reporter Michael Berens, on abuse and neglect of elderly residents in adult family homes in Washington. Some find it shocking that the owners of these facilities need only 48 hours of training - and some manage to bypass it - while their staff members get 35 hours.

Washington voters in 2008 overwhelmingly approved increasing training for long-term care workers to 75 hours, and requiring criminal background checks, but the state has put off implementing Initiative 1029 because of budget problems. Nancy Dapper, executive director of the Alzheimer's Association of Western and Central Washington, says she's not surprised by the sad cases detailed in the articles.

"If you don't invest in the system, and have the right training for workers and the right regulatory environment and enforcement by the state, the stories are what happens every day."

Dapper says at least half the people in long-term care have some form of dementia and multiple medical problems that make specialized training important. She is concerned that frail seniors are too quickly overlooked when state dollars are tight.

"This affects everybody. So, if you've got a mom, a dad, a grandma, I'm telling you, you're going to want to know that you have a state system that has the right level of regulation and the right level of enforcement. And I think you're willing to pay it, when it's your own relative."

Dapper believes the state has the right idea for its long-term care system by keeping people in home settings as much as possible as they age, but only if training and follow-up is sufficient to keep them safe.

Continue reading "Washington Voters Overwhelming Approve Increasing Training for Long Term Care Workers" »

Whether they're suffering as relatives pilfer money from their Social Security checks or experiencing outright physical beatings, Michigan elders know the state could do more to protect its elderly citizens from abuse and neglect.

The state even said so when it produced the 2006 report by the Governor's Task Force on Elder Abuse that found, in part, the state should develop better local investigative teams with better legal authority to identify and prosecute elder abuse.

About 1.3 million people age 65 or older lived in Michigan in 2008, according to the latest data from the U.S. Census, up 100,000 since 2000.

Under Michigan law, the mistreatment of elderly or other vulnerable adults -- those with physical or mental disabilities -- is defined as physical or psychological neglect or abuse as well as financial abuse. All such abuse is mandated by Michigan law to be reported to Adult Protective Services, part of the Michigan Department of Human Services.

But APS, like many state departments, is woefully understaffed. In 1998 it had 649 employees, but, 10 years later, staffing dropped to 328 people. With budget cuts, training and other supports are missing, Sengstock says, that are crucial to helping elder abuse investigators do their jobs.

In addition, unlike the registry that exists for people suspected of abusing or neglecting children, there is no such reporting for elder abuse. That means workers or guardians who deal with the elderly or other vulnerable adults mostly escape detection for previous suspected or substantiated abuse.

Money, of course, would solve many of the system's problems: more employees, better communication systems and more training.

Continue reading "Michigan Elder Abuse Protection Woefully Understaffed" »

Roughly 120 assisted living advocates convened in Washington D.C. recently as part of the Assisted Living Federation of America's annual federal "fly-in" day.

The initiative is part of ALFA's continuing effort to educate policy makers on the importance of assisted living as a long-term care option, and the differences between assisted and skilled nursing care. Advocates held more than 470 meetings with senators, congressmen and staffers, according to a statement from ALFA. The number of participants in this year's event was twice that of last year, organizers said.

The skilled nursing community shares many of the issues ALFA advocated for Tuesday. They include opposition to the Fairness in Nursing Home Arbitration Act and the Employee Free Choice Act, as well as support for a national Silver Alert system to help locate wandering dementia residents.

Continue reading "Assisted Living and Skilled Nursing Care Advocates Educate Public" »

Elder abuse. Unfortunately, it happens far more than people know.

In a society which professes kind-heartedness and family values, it's a topic most of us would rather ignore or disbelieve.

But a new series of community presentations, sponsored through Senior Rights Assistance, shows it does happen, but there is help.

A handbook, "Elder Abuse: A Guide for Reporting," significantly subtitled published by the Washington Association of Area Agencies on Aging, the booklet is a gold mine of information for elders, their families and care-givers, and for professionals in the medical, social-work, health-care and legal fields.

Its contents are divided into five major areas:

-- What is elder abuse?

-- What should a person do?

-- Substitute decision making.

-- Court interventions.

-- Long-term care service definitions.

Elder abuse is in four general categories: physical abuse, neglect, exploitation and abandonment.

An older person dependent on others may not speak out about these problems because of confusion, illness, fear, embarrassment or lack of awareness that there is help says California Elder law Attorney Steven C. Peck.

The handbook outlines how to recognize abuse if you suspect someone is at risk, how to report concerns, and what happens when you do.

Laws are cited, which state that "vulnerable adults who are victims of emotional or physical abuse, or financial exploitation, can petition the court for an order of protection from their abuser, without needing to file any other action. A vulnerable adult is defined as someone 60 years or older with functional, mental or physical inability to care for him/herself."

Adults under age 60, such as developmentally disabled or others who cannot fully care for themselves, also can be assisted.

Continue reading "Elder Abuse Happens Far More than People Know: Do Not Ever Ignore or Disbelieve" »

Elder abuse at home is a serious problem affecting hundreds of thousands of elderly people across the country, reports the National Center on Elder Abuse. Largely hidden, it's grossly underreported. Incidents that get reported represent only the tip of the iceberg.

"Abuse" is defined in many ways -- verbal, physical or sexual; abandonment, neglect, self-neglect or financial exploitation. Roughly two-thirds of all perpetrators are family members, most often the victim's adult child or spouse. The majority of victims are female.

There's an easy way for this reader to determine whether her husband's grandmother is being badly treated: Call Adult Protective Services (APS) in the grandmother's area and ask them to investigate. If she's correct, the situation needs to be stopped.

"A person doesn't have to have proof that bad things are happening," says California Elder Law Attorney Steven C. Peck "but a 'reason to believe.' If you're in doubt, call."

APS will send an investigator for a face-to-face interview with the alleged victim, in some cases within 24 hours (I called recently, and an investigator was there that afternoon).

When an investigation uncovers problems, APS can offer a range of protective services, from getting the police involved, to having a court review guardianship or powers of attorney, to showing other family members how to step in, to linking to alternative living arrangements.

Continue reading "Elder Abuse is a Serious Problem Affecting Hundereds of Thousands of Elderly People" »

Elder abuse is described by the following acts among family and members of the household, any nursing home staff or any individual.

- When somebody attempts or causes physical injury to an elder
- When the family member or staff of a nursing home try to or is trying to place an elder in terror or alarm of physical harm by torment, threat or harassment
- When one is convincing or persuading an elder by strength or intimidation to participate in a certain act from which the elder has the right to withhold
- When one meaningfully confines the movements of an elder without his consent
- Threatening the elder to a crime of violence

1. Detecting Abuse:

- Burn markings from cigarette
- Black eye, lacerations, bruises or cuts that can not be explained
- Rope marks, a sign that the elder had been tied or slashed upon
- Hair loss, a sign that the elder's hair was pulled
- Bodily sores and wounds
- Fingernails that are broken
- The elder's skin is very poor condition
- Fractures of the bone
- Bite marks
- Eye glasses are broken
- Laboratory results are positive of drug overdose
- The elder displays a sudden change of behavior
- The care giver refuses to allow visitors to see the elder

2. Signs Of Neglect:

- Sores are untreated
- Displays significant signs of malnutrition
- May show signs of insanity
- Lack of personal hygiene care

3. Signs Of Emotional Abuse:

- May display a nervous behavior
- Constantly be disturbed or upset
- Displays a negative attitude
- Always in anxiety
- Demonstrate signs of insecurity, such as constant sucking or biting of the fingers

4. Financial Abuse:

- Unknown withdrawal from the elder's account
- Unusual ATM withdrawals and switching of accounts
- The elder tend to withdraw money often
- The elder does not receive his pension or Social Security check from the mail
- The elder, without any valid reason, revises his will and changes his beneficiary
- The elder unexplainably signs contracts that results to unwanted financial commitment
- Signature was forged
- The elder has plenty of unpaid bill, despite his assets that can very well cover the bill
- Strange credit card charges

5. Signs Of Sexual Abuse

- Mysterious and unexplained genital infection
- Anal or vaginal bleeding that can not be explained
- Ripped underwear
- The elder may tell someone that she has been sexually abused
- Genitals are bruised
- The elder may report that her care giver is showing her pornographic materials
- The report of the elder that she is forced to touch someone's genitals, observe sexual acts, tell dirty stories and pose nude for a picture

6. How Can You Prevent Abuse To Yourself As An Elder?

- Keep and continue contacts with friends and neighbors
- Work out on a buddy system with other elders in the home
- Be active socially, do not be in isolation
- Protest and speak up if you are not happy or contented with the way your caregiver or other family member treats you. Tell somebody
- Request your friends and other relatives to visit you often
- Open your mail personally
- Never sign anything unless it was reviewed by someone that you trust
- Always review your will once in a while
- Coordinate so that your pension or Social Security check be deposited directly to your bank account than being sent by mail

7. How Can You Prevent Abuse To Others?

- Pay attention. Be wary and look out for signals that might point towards abuse
- Call your loved one as frequently as possible
- Visit your loved one often and make certain that she is well taken cared of
- Always be open to your loved one, taking the time to always talk to her and assure her that you are there to help and can be trusted
- Get permission to periodically look into your loved one's bank accounts as well as credit card statements for unauthorized withdrawals or transactions

.

Continue reading "Elder Abuse: What to Specifically Look For" »

What Is Elder Abuse?
Elder abuse happens to men and women, in all ethnic, social and economic groups.

And while a lot of media attention has been given to stories of elder abuse by caregivers in private homes or nursing homes, the truth is that anyone can be guilty of committing elder abuse, including family members.

Answer:
Elder abuse is defined as any intentional or negligent action that harms-or creates the risk of harm-to a vulnerable older adult.

Federal and state laws have been enacted to prevent elder abuse, but individual states vary in their specific language defining elder abuse and punishment for the people who are found guilty of elder abuse.

The National Center on Elder Abuse, part of the U.S. Administration on Aging, defines these commonly acknowledged types of elder abuse:

Physical Abuse: Inflicting, or threatening to inflict, physical pain or injury on a vulnerable elder, or depriving them of a basic need.
Emotional Abuse: Inflicting mental pain, anguish, or distress on an elder person through verbal or nonverbal acts.
Sexual Abuse: Non-consensual sexual contact of any kind.
Exploitation: Illegal taking, misuse, or concealment of funds, property, or assets of a vulnerable elder.
Neglect: Refusal or failure by those responsible to provide food, shelter, health care or protection for a vulnerable elder.
Abandonment: The desertion of a vulnerable elder by anyone who has assumed the responsibility for care or custody of that perso

Continue reading "What is Considered Elder Abuse?" »

One of the biggest fears related to life in nursing homes is losing freedom, privacy, choice, independence and control.

Enjoying a cup of coffee, meeting friends for lunch, staying up late to watch a movie are what people worry they will miss.

Living in a nursing home should not disrupt lifelong routines and limit personal choices. Residents need to understand and exercise their rights to make decisions about their daily lives.

You don't lose any rights when you move into a nursing home.

Nursing home laws contain provisions to protect and promote residents' rights.

These include the right to choose who you visit, or the right to go to bed when you want.

Nursing homes are required to provide services that maintain good health and emotional wellbeing written in an agreed care plan. Residents should not decline in health or well being as a result of the care provided says California Elder Law Attorney Steven C. Peck.

Other resident protections include the right to receive information and be informed; participate in planning all aspects of care; make decisions -- such as participation in social and religious activities or what to wear; privacy in care and confidentiality regarding medical, personal or financial affairs; be treated with dignity and respect, free from abuse and neglect; be protected against transfer or discharge, unless for specific reasons; raise concerns or complaints without fear of punishment or retaliation.

When a person moves into a nursing home or any long-term care facility, he or she still has the right to make choices about their own life.

Knowing their rights is important, but exercising them is even more important. Often residents need family members and friends to assist them in exercising their rights.

Residents who are forgetful or confused can still express their needs and wants.

A person's ability to communicate may be better on some days than others, but such fluctuations should not interfere with the basic right to express feelings and exercise choice to the greatest degree possible.

Residents who can't choose and are unable to participate effectively in their own care need to have a substitute decision-maker or advocate.

A close family member is often the best person for this responsibility.

If a resident thinks their rights are being violated steps can be taken to address the concern.

First, attempt to resolve the problem by following the facility's grievance procedure for complaints.

It is important to identify the right person to approach with the concern. Once the problem has been reported, obtain a date when the facility will respond, then meet to discuss solutions. Make sure to set a return time to discuss progress.

Continue reading "Nursing Home Residents Are Legally Entitled to Their Freedom, Privacy , Choice, Independence & Control" »

MetLife discovered troubling evidence of financial exploitation of the elderly in a recent report conducted with the National Committee for the Prevention of Elder Abuse and the Center for Gerontology at Virginia Polytechnic Institute & State University.

While underreported, the annual financial loss by victims of elder financial abuse is estimated to be at least $2.6 billion, by best case estimates says California Financial Elder Abuse Attorney Steven C. Peck.

Underreported cases of financial exploitation, especially by someone close to a vulnerable senior, is of particular concern for state officials.

"I suspect the problem is far more serious than our numbers show, because the abuse, neglect or exploitation of elders is vastly underreported," Peck says.

The reason why is simple

"For one, if the abuse, neglect or exploitation is by a son or daughter, that vulnerable adult may not want to bring charges against their own family," Peck indicates.

Another concern centers on the potential end result of reporting the financial exploitation.

"If the only person involved is a family member, or other caregiver, and if they're taking advantage of a vulnerable adult, there's a certain amount of fear if the vulnerable adult reports that they'll have no other option but going into a nursing home," says California Elder Abuse Attorney Steven C. Peck.

Warning signs

Such fears explain why the National Center for Elder Abuse has posted warning signs of such abuse, neglect and exploitation on its Web site, ncea.aoa.gov.

Some of the warning signs of exploitation, including coercion, might be visible signs such as bruises, pressure marks, broken bones, abrasions and burns, the center advised.

Other less visible signs include a vulnerable adult cutting back on his favorite activities, such as eating out on a regular basis.

"Unexplained withdrawal from normal activities, a sudden change in alertness, and unusual depression may be indicators of emotional abuse," the center advised. "Sudden changes in financial situations may be the result of exploitation. Strained or tense relationships, frequent arguments between the caregiver and elderly person are also signs."

One other reason may explain why vulnerable adults decline, in particular, to report financial exploitation are the following:

Embarrassment.

The least reported person-to-person crime was rape, Domestic violence is often underreported. Those things that happen in the family sometimes just are not reported.

What happens, however, is that either the vulnerable adult, a concerned family member or a neighbor finally reaches a breaking point, indicates Peck. When a person reaches the top of their tolerance level, that's when it gets reported.

Continue reading "Financial Elder Abuse Severely Underreported" »

The 1987 Nursing Home Reform Act ("NHRA"), part of the Omnibus Budget Reconciliation Act of 1987("OBRA"), established quality standards for nursing homes nationwide and defined the state survey and certification process to enforce the standards (42 CFR 283.0). These regulations represent minimum standards for long term care facilities. They were promulgated to improve the quality of care of their residents. The general goals of OBRA are to:
(a) promote and enhance the quality of life of the resident;
(b) provide services and activities to attain or maintain the highest practicable, physical, mental and psycho social well being of each resident in accordance with a written plan of care;
(c) provide that resident and advocate participation is a criteria for assessing the facilities compliance with administrator requirements; and
(d) assure access to the State's Long Term Care Ombudsman (a 3rd party resident advocate) to the facilities residents, and assure that the Ombudsman has access to records, residents and care providers.
The goals are implemented by NHRA establishing the Resident's Bill of Rights:
The right to freedom from abuse, mistreatment, and neglect;
The right to freedom from physical restraints;
The right to privacy;
The right to accommodation of medical, physical, psychological, and social needs;
The right to participate in resident and family groups;
The right to be treated with dignity;
The right to exercise self-determination;
The right to communicate freely;
The right to participate in the review of one's care plan, and to be fully
informed in advance about any changes in care, treatment, or change of status in the facility; and
The right to voice grievances without the discrimination or reprisal.

Continue reading " The 1987 Nursing Home Reform Act Established Minimum Standards for Nursing Home Abuse and Neglect" »

The chairman of a state House committee Tuesday called the results of inspections in two state-run nursing homes for veterans "shocking, unsettling and inexcusable."

"The scenarios mentioned in the report would be horrendous at any nursing home or long-term care facility, but the fact that they occurred at state-run veterans homes -- that our veterans suffered these abuses -- is particularly troubling," said Rep. Anthony J. Melio, chairman of the House Veterans Affairs Committee.

Melio, a Bucks County Democrat, responded to a Tribune-Review story detailing state Health Department inspections that uncovered serious deficiencies at facilities in Scranton and Hollidaysburg. The department placed the Hollidaysburg home's license on probationary status for five months last year.

An inspection report on the Hollidaysburg home described a veteran kicking and screaming while four staffers held him down for routine treatment. Inspectors cited the Scranton home for a scabies outbreak and lack of preventative care for serious bed sores.

The facilities are part of a statewide, 1,632-bed system the Department of Military and Veterans Affairs runs. Agency officials said deficiencies cited in the reports were corrected and the homes are fully licensed. The department's other homes are in Pittsburgh, Erie and the Philadelphia region.

"We've taken note of each of the findings and taken steps to correct them," department spokeswoman Joan Nissley said. "We take a proactive approach and strive to provide the best care to veterans."

Melio said a "heightened level of monitoring" would be needed "to prevent this terrible treatment from occurring again."

Frank Mills of Huntingdon, statewide commander of the Pennsylvania Veterans of Foreign Wars, said concerns about care in the veterans homes would be the subject of upcoming meetings of Pennsylvania War Veterans Council and the State Veterans Commission.

"Our veterans might have seen or heard stories of soldiers lying on the battlefield, facing bad medical conditions, but they should not have to worry about disturbing and preventable treatment problems in our state veterans homes where they receive daily care," Mills said.

He said "budget cuts, bad implementation of proper policies and substandard staff performances that may cause our veterans to suffer cannot be tolerated."

State Sen. Kim Ward, a member of the Senate Veterans Affairs Committee, said agency officials this week assured her deficiencies were corrected. The Hempfield Republican said it is "vital that inspectors and administrators remain vigilant" and said she plans to tour the facilities in coming weeks.

Contact Steven Peck's Premier Legal toll free at 1.866.999.9085 to talk to an experienced California Nursing Home Abuse and Neglect Attorney and visit us on-line at www.premierlegal.org.