California Elder Law Attorney Blog

Recent front-page Sacramento Bee headlines about tragedies in California nursing homes should be glaring reminders about the reasons California pioneered the Adult Day Health Care (ADHC) alternative to nursing home care 40 years ago.

If you are old, or are planning to be - pay attention - because this system is about to vanish.

Facing severe budget pressures, the Department of Health Care Services (DHCS) is currently dismantling the ADHC program in California.

This proven cost-effective program that has worked well to keep Californians out of nursing homes for the past four decades has fallen victim to an annual game of "budget chicken."

How did this happen?

In response to well-documented stories of institutional abuse in long-term care facilities in the 1980s, California pioneered Adult Day Health Care, a community-based, integrated health and social services program designed to keep frail and disabled persons out of nursing homes.

Since that time, the ADHC daytime congregate care program has saved the state hundreds of millions in nursing home and emergency services costs by providing frail seniors with multiple complex medical conditions a safe daily care setting.

Over the past several years, California's continuing fiscal woes have seen Republican and Democratic Governors alike cutting this MediCal "optional" program. Each time, advocates sued, with the courts blocking the cuts. In fact, a suit to block the elimination of ADHC is pending now.

Gov. Jerry Brown proposed the elimination of the ADHC program in his 2011-12 budget.

Without support for revenue extensions, all Assembly Democrats voted for the governor's proposal, with the understanding that AB 96, legislation that provided for a "step-down" alternative ADHC program would take its place.

This new program, "Keeping Adults Free of Institutions" - or KAFI - was budgeted at $85 million, half of the current cost of ADHC.

The governor vetoed AB 96 unexpectedly at the end of July, throwing the ADHC community into confusion and chaos.

With a looming deadline of Dec. 1, 2011 for program elimination, DHCS has started to shift ADHC recipients to Medi-Cal managed care and is contracting with out-of-state corporations to provide less reliable and more costly services.

Thirty-seven of my colleagues, including 35 Assembly members and two state senators,

There is no doubt that the destruction of the ADHC program will result in increased 911 calls, hospital emergency room visits, nursing home placements, and investigations for abuse and neglect.

Demands for mental health care, and in-home supportive services will also rise--at a time when budgets for all of these programs are being slashed.

Without safe adult daycare, working family members will either have to quit their jobs to care for their loved ones or place their family members in less appropriate settings - often, nursing homes.

Both Gov. Brown and I are senior citizens. My hope is that you will become one, too.

With an exploding population of baby boomers, persons with autism and Alzheimer's, returning veterans with disabling conditions and traumatic brain injuries, along with increasing numbers of impoverished adults with multiple chronic conditions in our communities, is this the time to take a wrecking-ball to a proven, cost-effective program serving our state's most vulnerable?

Will the courts again provide relief at the expected November 8 hearing, three weeks before the Dec. 1 elimination date?

History will be the judge of my vote and the governor's veto. But unless we raise our voices now, we will all surely suffer the consequences.

Continue reading "California Adult Day Health Care An Alternative To Nursing Home Care Shall Soon Vanish" »

SB 558 (Simitian) helps prevent physical abuse of elderly and dependent adults by providing stricter civil enforcement of the Elder and Dependent Adult Civil Protection Act (the Elder Abuse Act), which protects the rights of seniors and dependent adults living in nursing homes, other short and long-term care facilities or private homes. SB 558 strengthens enforcement of the Elder Abuse Act, but lowering the burden of proof from "clear and convincing evidence" to "preponderance of evidence."

It is estimated that over 132,000 elders in California are abused every year. However, for every abuse reported, research has found that at least 5 others go unreported, making the actual number of abused people much higher than the reported rate. Studies also show that neglect and abuse of nursing home residents have reached epidemic proportions. Yet many residents who suffer neglect and abuse find it virtually impossible to seek justice in court. The U.S. General Accounting Office (GAO) published a report in March 2002 Entitled "Nursing Homes: More Can Be Done to Protect Residents from Abuse." The report cited the lack of protections afforded to abused nursing home residents.SB 558's " preponderance of the evidence standard" is consistent with financial abuse cases and most other civil causes of action, such as negligence and normal tort cases. The "clear and convincing evidence" standard is nearly impossible to meet, particularly in facilities where few witnesses to the abuse exist, and where the victim is also old, sick or disabled. The Elder Abuse Act has good intentions, but has a very difficult burden of proof for abuse occurring in a nursing homes.

Elder Financial abuse and negligence cases use the "preponderance of evidence"
standard proposed by SB 558.

Nursing home residents need protection from physical abuse already, and the
need will grow as more residents are in nursing homes and watchdog agencies'
funding decrease .

Continue reading "Elder Abuse Standard Of Proof To Be Lowered in California Indicates San Francisco Nursing Home Abuse and Neglect Lawyer Steven Peck" »

Often called a super bug because of its drug resistence, C. difficile is common in hospitals and nursing homes. It tends to hit elderly people who have an underlying health condition, such as inflammatory bowel disease or immunodeficiency and who are also receiving antibiotics.

It causes diarrhea, dehydrating a patient and complicating their medical condition, and many times death.

Continue reading "C. Difficile Infections Are Common In Hospitals and Skilled Nursing Faciltities Indicates Los Angeles Nursing Home Abuse and Neglect Lawyer Steven Peck" »

It's a crime that reaches into thousands of homes... maybe yours... and often... people aren't even aware of it.

How bad is elderly abuse? Here are some numbers that demonstrate the problem.

More than 56 thousand Texans who are older than 65 were victims of abuse, neglect or exploitation in 2010.

The five most common forms of elder abuse are neglect, physical, financial, emotional and sexual says San Diego Nursing Home Abuse and Neglect Lawyer Steven Peck.

Watch over your elder parents and friends. Talk to them ask questions, get to them before the abusers do so.

Continue reading "The State of Texas Reports More Than 56 Thousand Elders Were Victims of Abuse, Neglect and / or Exploitation says Los Angeles Elder Abuse Lawyer Steven Peck" »

California residents can unknowingly hire private caregivers who have criminal backgrounds, according to a report by the state Senate Office of Oversight and Outcomes, California Watch reports.

California and five other states do not regulate private in-home caregivers. Although the state screens workers providing care for enrollees in the In-Home Supportive Services program, the state lacks similar screening procedures for private providers says California Elder Abuse Attorney Steven Peck.

Key Findings

For the report, investigators culled Craigslist ads for in-home care providers and found ads posted by individuals with felony convictions for methamphetamine trafficking and major theft.

According to the report, some of the agencies approved employees known to have criminal convictions. Among 64 recent criminal cases involving caregivers, 27% previously had been convicted of crimes, according to the report.

The report also found that there has been confusion over how to implement a 2008 state law (SB 692) that allows seniors and their families to conduct their own screenings through the Department of Justice.

The law specified that public officials who recruit and screen IHSS caregivers could provide assistance to private employers. However, the oversight office contacted 26 such agencies requesting help with background checks, and all 26 declined, according to the report.

Recommendations

Authors of the report offered several recommendations, including:

* Creating a registry to let clients find independent caregivers who were voluntarily screened;
* Passing a law that would let consumer agencies disclose caregiver convictions older than seven years; and
* Educating consumers on how to obtain and read a Department of Justice background check

Continue reading "Private Caregivers Found to Have Criminal Backgrounds says Los Angeles Elder Abuse Attorney Steven Peck" »

Caregiver stress is a significant risk factor for abuse and neglect. When caregivers are thrust into the demands of daily care for an elder without appropriate training and without information about how to balance the needs of the older person with their own needs, they frequently experience intense frustration and anger that can lead to a range of abusive behaviors.

The risk of elder abuse becomes even greater when the caregiver is responsible for an older person who is sick or is physically or mentally impaired says Los Angeles Elder Abuse Lawyer Steven Peck.

Caregivers in such stressful situations often feel trapped and hopeless and are unaware of available resources and assistance. If they have no skills for managing difficult behaviors, caregivers can find themselves using physical force. Particularly with a lack of resources, neglectful situations can arise.

Sometimes the caregiver's own self-image as a "dutiful child" may compound the problem by causing them to feel that the older person deserves and wants only their care, and that considering respite or residential care is a betrayal of the older person's trust.

Dependency is a contributing factor in elder abuse. When the caregiver is dependent financially on an impaired older person, there may be financial exploitation or abuse. When the reverse is true, and the impaired older person is completely dependent on the caregiver, the caregiver may experience resentment that leads to abusive behavior.

Continue reading "Caregiver Issues and Elder Abuse" »

Many of the symptoms listed below can occur as a result of disease conditions or medications. The appearance of these symptoms should prompt further investigation to determine and remedy the cause of Elder Abuse indicates Los Angeles Nursing Home Abuse and Neglect Lawyer Steven Peck.

Physical Abuse

* Bruises or grip marks around the arms or neck
* Rope marks or welts on the wrists and/or ankles
*Repeated unexplained injuries
*Dismissive attitude or statements about injuries
* Refusal to go to same emergency department for repeated injuries

Emotional/Psychological Abuse

* Uncommunicative and unresponsiv
*Unreasonably fearful or suspicious
*Lack of interest in social contacts
*Chronic physical or psychiatric health problems
*Evasiveness

Sexual Abuse

*Unexplained vaginal or anal bleeding
*Torn or bloody underwear
*Bruised breasts
*Venereal diseases or vaginal infections

Financial Abuse or Exploitation

*Life circumstances don't match with the size of the estate
*Large withdrawals from bank accounts, switching accounts, unusual ATM activity
* Signatures on checks don't match elder's signature

Neglect

* Sunken eyes or loss of weight
* Extreme thirst (Dehydration)
* Bed sores

Continue reading "Cues That Cannot Be Explained Medically May Signal Elder Abuse" »

Three workers at a nursing home in Pennsylvania have been arrested after being caught on tape hitting and mocking an elderly woman who suffers from dementia says California Elder Abuse Attorney Steven Peck.

Relatives of the 78-year-old woman installed a hidden camera after officials at the home rejected their suspicions that she was being abused, ABC News reports. The woman had told her daughter she was being punched and slapped by staff, asking: "Why do they keep picking on me?"

The video shows the employees "engaging in acts which I can only describe as humiliating, taunting and abusive of the victim in this case, including forcing the victim to stand topless for several minutes while the defendant and the other employees mocked her," the district attorney said. "The way the defendants allegedly abused this victim is inexcusable. Patients suffering from dementia and Alzheimer's are among our most vulnerable citizens." indicates Los Angeles Nursing Home Abuse and Neglect Attorney Steven Peck.

The three employees have been charged with offenses including aggravated assault.

Continue reading "Nursing Home Abuse and Neglect Caught On Videotape Leading to Arrests" »

Bedsores, Pressure Sores aka Decubitus Ulcerfs are a sign of Nursing Home Abuse and Neglect says California Elder Abuse Lawyer Steven Peck,

Due to the much lower staffing in nursing homes, patients are forced to wait longer for care, such as the changing of soiled linens and clothes. If an older person cannot change themselves then they are forced to sit or lay in their own feces until a caregiver arrives. While the elderly wait in their feces their skin is being weakened by the moisture making them more susceptible to bedsores. And sadly, bedsores are the underlying cause of death for several thousand Americans each year indicates Orange County, California Nursing Home Abuse and Neglect Attorney Steven Peck.

WHAT IS A BEDSORE?

Bedsores, also called pressure sores, pressure ulcers, or decubitus ulcers, are areas of damaged skin and tissue that develop when sustained pressure - usually from lying in a bed or sitting in a wheelchair - cuts off circulation to vulnerable parts of your body. Bedsores are preventable. Essentially, when people who are entrusted with the care of those who lack the mobility to move themselves shirk their responsibilities, then the immobile develop bedsores. Without adequate blood flow, which would occur in the turning and moving of a susceptible population, the affected tissue dies.

Bedsores can develop quickly, progress rapidly and are often difficult to heal. Caring for one deep tissue bedsore can cost tens of thousands if not hundereds of thousands of dollars to treat and cure. Unnecessary debridement surgery can also take a major toll of the affected patient. And health experts agree: bedsores do not have to occur. Preventive measures can maintain the skin's integrity and health through proper blood flow.

Continue reading "Bed Sores Do Not Have To Occur says Nursing Home Abuse and Neglect Lawyer Steven Peck" »

When the Senior Center gets a report of suspected abuse, they refer it to the Department of Health Services for investigation. But, there's not enough staff to deal with all these cases, especially since she says our population is getting older and economic resources are dwindling says California Elder Abuse Lawyer Steven Peck.

"Investigations don't get completed as soon as we'd like them to or they would like them to and there aren't enough services available to in essence fix the problem," says Peck.

Elder Abuse and neglect don't only happen in the home, though. They can occur in institutions like nursing homes, assisted living facilities, or by caregivers.

That's when legal advocacy becomes necessary through the Peck Law Group Elder Law and Nursing Home Abuse and Neglect advocates.

But as the problems grow, concerning the care and neglect of Elders, those who see it everyday say more programs and educating seniors might be the only solution. .

Continue reading "Education Will Go A Long Way In the Continued Attempts to Halt Elder Abuse and Neglect says California Elder Abuse Attorney Steven Peck" »

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 "San Francsico Nursing Home Abuse and Neglect Attorney Shows You How to Spot Elder Abuse" »

Preliminary results indicate that abuse of the elderly occurs 25 times more often than officially reported, according to the New York State Elder Abuse Prevalence Study of November 16, 2010.

Abuse occurs at a rate of 76 per 1,000 State residents - physical, psychological, financial. Abuse of non-financial mistreatment occurs at the rate of 46.2 per 1,000 State residents.

The highest rate is major financial exploitation (theft of money or property; use of items without permission; impersonation to get access; force or deception to get items such as money, bankcards, accounts, powers of attorney) - 41 per 1,000 surveyed.

The report compared "documented cases" (those referred to agencies like Adult Protective Services) which identified 11,432 victims in 2008; yielding a rate of 3.24 elder abuse victims per 1,000 seniors, against the much higher self-reported number in this study.

The report's numbers show:
- All types of elder abuse - 23.5 unreported cases to every one reported.
- Financial exploitation - 43.9 self-reported cases to every one reported.
- Neglect cases - 57.2 cases unreported for every one reported.

This suggests a significant gap between elder abuse reported and cases referred to formal elder abuse service systems, such as Adult Protective Services (APS).

Overall, the study found elder abuse frequency nearly 24 times greater than the number of cases referred to agencies that assist seniors - social service, law enforcement, legal authorities. An estimated 260,000 older adults in the State have been victims of at least one form of elder abuse since turning 60.

More than Simple Abuse

Most people associate "elder abuse" with a physical act. This study demonstrates that a substantial amount of the abuse is financial exploitation. Seniors often have substantial assets under their control. Americans over the age of 55 control 70 percent of the nation's wealth. MetLife reported that from March 2009 "cases actually reported to authorities represent only the 'tip of the iceberg." This new study confirms the significant underreporting of elder abuse in the State.

One article notes approximately 60 percent of substantiated APS cases of financial abuse involve adult children, compared to 47 percent for all other forms of abuse. Most distressing is the unsavory involvement of family members. Another study found that 16 percent of fraud was committed by a member of the senior's family. Examples include fraudulent transfers of property; transfers of property for less than fair value, or mortgages obtained for cash says Los Angeles Elder Abuse Attorney Steven C. Peck.

Many of the elderly, especially women, may not understand the value of their assets. The Federal Trade Commission found that fraudulent telemarketers direct nearly 80 percent of their calls to seniors.

Other Financial Abuse

The FBI website contains an exhaustive list of reasons why seniors are preyed upon:
- Senior citizens are most likely to have "nest eggs," own their homes, and/or have excellent credit.
- Those raised in the 1930s, '40s and '50s were taught to be polite and trusting. Criminals exploit these traits.
- Older Americans are less likely to report fraud; why, because they may not know where or how to report, are too ashamed, may not realize they were victimized. Seniors may keep these crimes secret out fear of losing their independence.
- Seniors are often poor witnesses - memory may be faulty, a failure to supply detailed information, or the lapse of time until the harm is has been discovered - makes it even more difficult.
- Exploitation in products promising increased cognitive function, virility, physical conditioning, cancer treatment, etc. are commonplace.

Those who exploit the elderly unrelenting in their efforts to steal the financial security that took a lifetime to achieve.

How to Prevent

Prepare. Have a well-planned estate. Make sure the proper legal instruments are in place. Meet with an experienced estate planning attorney. If you suspect abuse to anyone by anyone, report it without delay.

These are real concerns. We are not suggesting that it will happen to you. Merely that the best way to protect yourself and those you love is to be proactive.

What Should You Do

If you suspect this may have occurred, act without delay. Contact an experienced Peck Law Group elder abuse attorney toll free at 1.866.999.9085. We will help you!!!

Below are some of the factors which may cause Nursing Home Abuse and neglect and Elder Abuse indicates Van Nuys, California Nursing Home Abuse and Neglect Attorney Steven C. Peck:

Caregiver Stress:

Working in a nursing home or residential care facility can be extremely stressful. It is a difficult job done well by many special people. The staff may meet frustration with a violent response. The lack of adequate staffing can result in employees being overworked and becoming overly tired and more prone to making mistakes. They may be under considerable stress to meet the needs and demands of too many residents. Inadequate staffing can lead to inappropriate levels of responsibility resulting in neglect.

Inadequate Training of Staff:

Adequate training of employees is essential if they are to deliver care to residents in an efficient and appropriate manner. Lack of training is the source of a large range of potential problems from improper transfers to bathing accidents to choking. Employees should be trained in dealing with problem situations that can lead to abuse.

Inadequate Supervision of Staff:

The facility may have provided training and have preventative programs in place, but their implementation is not monitored by supervisory staff. Part of the role of the supervisory staff is to help aides handle difficult residents. Another role is to ensure that safe procedures are adhered to. Without adequate supervision, aides may use inappropriate measures or techniques to the detriment of patient care.

High Turnover Rates of Staff:

For a variety of reasons, it is difficult to attract and retain qualified employees. Some of the reasons include low wages, lack of qualified applicants and poor screening and hiring practices.

Continue reading "Los Angeles Nursing Home Abuse and Neglect Attorney Steven C. Peck Illustrates Some of the Causes of Elder Abuse" »

As elders become more physically frail, they're less able to stand up to bullying and or fight back if attacked. They may not see or hear as well or think as clearly as they used to, leaving openings for unscrupulous people to take advantage of them. Mental or physical ailments may make them more trying companions for the people who live with them..

Tens of thousands of seniors across the United States are being abused: harmed in some substantial way often people who are directly responsible for their care
More than half a million reports of abuse against elderly Americans reach authorities every year, and millions more cases go unreported.

Where does elder abuse take place?

Elder abuse tends to take place where the senior lives: most often in the home where abusers are apt to be adult children; other family members such as grandchildren; or spouses/partners of elders. Institutional settings especially long-term care facilities can also be sources of elder abuse says San Diego Elder Abuse Attorney Steven C. Peck.

The different types of elder abuse:

Abuse of elders takes many different forms, some involving intimidation or threats against the elderly, some involving neglect, and others involving financial chicanery. The most common are defined below.

Physical abuse:

Physical elder abuse is non-accidental use of force against an elderly person that results in physical pain, injury, or impairment. Such abuse includes not only physical assaults such as hitting or shoving but the inappropriate use of drugs, restraints, or confinement.
Emotional abuse

In emotional or psychological senior abuse, people speak to or treat elderly persons in ways that cause emotional pain or distress.

Verbal forms of emotional elder abuse include:

* intimidation through yelling or threats
* humiliation and ridicule
* habitual blaming or scapegoating

Nonverbal psychological elder abuse can take the form of:

* ignoring the elderly person
* isolating an elder from friends or activities
* terrorizing or menacing the elderly person

Sexual abuse:

Sexual elder abuse is contact with an elderly person without the elder's consent. Such contact can involve physical sex acts, but activities such as showing an elderly person pornographic material, forcing the person to watch sex acts, or forcing the elder to undress are also considered sexual elder abuse.

Neglect or abandonment by caregivers:

Elder neglect, failure to fulfill a care taking obligation, constitutes more than half of all reported cases of elder abuse. It can be active (intentional) or passive (unintentional, based on factors such as ignorance or denial that an elderly charge needs as much care as he or she does).

Financial exploitation:

This involves unauthorized use of an elderly person's funds or property, either by a caregiver or an outside scam artist.

An unscrupulous caregiver might:

* misuse an elder's personal checks, credit cards, or accounts
* steal cash, income checks, or household goods
* forge the elder's signature
* engage in identity theft

Typical rackets that target elders include:

* Announcements of a "prize" that the elderly person has won but must pay money to claim
* Phony charities
* Investment fraud

Healthcare fraud and abuse:

Carried out by unethical doctors, nurses, hospital personnel, and other professional care providers, examples of healthcare fraud and abuse regarding elders include

* Not providing healthcare, but charging for it
* Overcharging or double-billing for medical care or services
* Getting kickbacks for referrals to other providers or for prescribing certain drugs
* Overmedicating or undermedicating
* Recommending fraudulent remedies for illnesses or other medical conditions
* Medicaid fraud

Continue reading "Los Angeles Nursing Home Abuse and Neglect Attorney Steven C. Peck Talks About Elder Abuse and Neglect Warning Signs, Risk Factors,and Prevention," »

The golden years for many seniors slip away under a dark shadow of financial and physical abuse, most often caused by the hands they trust most to care for them.

It usually happens behind closed doors. It usually goes unreported.

Law enforcement and elder advocates said the rate of elder abuse is growing at an alarming speed as people live longer, baby boomers reach retirement age and the economy remains shaky.

Experts estimate that only one in 13 elder-abuse cases are reported nationwide, based on various surveys and studies says San Diego Elder Abuse Attorney Steven C. Peck.

In San Diego County, the District Attorney's Office has seen the number of elder-abuse prosecutions rise in the past five years -- from 183 cases in 2006 to 238 last year. The county's elder-abuse hotline receives nearly 10,000 calls a year; about 40 percent of them directly involve financial abuse.

Many cases have both financial and physical abuse, said Paul Greenwood, deputy district attorney and head of the office's Elder Abuse Prosecution Unit.

"People are getting more desperate," he said. "They look around and they see who has the money and they target them."

While some agencies have worked to educate the public, cooperate with mandatory reporters such as banks and set up hot lines and other reporting systems, elder-abuse experts and law-enforcement officials remain concerned about a lack of resources.

An addendum to the national Healthcare Reform Act, which Congress approved last year, would provide money for combating elder abuse. But there has been no funding allocation so far.

Nearly 95 percent of seniors live at home and almost all elder abuse occurs there, the majority perpetrated by family members, said Kathleen Quinn, executive director of the Illinois-based National Adult Protective Services Association. "Trusted others" -- such as home health-care workers, neighbors and friends -- make up the next largest group of abusers.

"It's absolutely an enormous problem," Quinn said.

Other cases include abuse in nursing homes, home-improvement scammers preying on seniors, financial planners who fleece older clients, and home-care workers who get paid but do nothing and even steal from their clients.

Home-care workers, who provide nonmedical assistance such as cleaning, bathing and feeding, aren't required to undergo a background check unless they are paid through a government program. Health care companies and agencies, which provide nurses or other licensed personnel, operate under different regulations.

Elder-care advocates and law enforcement authorities said the home-care-worker system needs more oversight.

Home-care workers who are paid through San Diego County's In-Home Supportive Services program do undergo a background check that looks for evidence of child abuse, elder abuse and fraud against a government agency, said Ellen Schmeding, assistant deputy director for the county's office of Aging & Independence Services.

Continue reading "San Diego Elder Abuse Attorney Steven Peck Sees A Significant Rise In Medical, Physical, and Financial Elder Abuse" »