California Elder Law Attorney Blog

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?" »

Napa County leaders are moving toward passing a law requiring that privately hired caregivers working in the county undergo criminal background checks says California Elder law Attorney Steven C. Peck.

The effort comes after years of lobbying by elder advocates concerned about the vulnerability of seniors with workers in their homes. While registered nurses must undergo background checks, caregivers do not indicates California Elder Abuse Attorney Peck.

The goal, as Napa County District Attorney Gary Lieberstein told the American Canyon City Council earlier this month, is preventing elder abuse. "We want to stop this before it starts," Lieberstein said.

Lieberstein told the council that there is no barrier to parolees becoming caregivers, and said that even when a woman agrees to let a grandchild care for her in exchange for room-and-board or wages, she may not know if the caregiver has a criminal history.

"We think she has the right to know," Lieberstein said.

Jane Hinshaw, an investigator with the District Attorney's Office, said elder abuse cases are particularly difficult to investigate. Oftentimes elder abuse comes in the form of theft or taking financial advantage of seniors. Physical evidence is not always available, and victims are reluctant to testify or even acknowledge the crimes.

"The biggest problem that we have with elder abuse is that it's underreported," Hinshaw said.

Similar measures passed at the state level and signed by the governor have not been enforced, local officials say, because the agencies charged with implementing the measures have not formally drafted or imposed the regulations states Steven C. Peck a Los Angeles Elder Abuse attorney who can be contacted toll free at 1.866.999.9085 or on-line at www.premierlegal.org.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Continue reading "Establishing Undue Influence" »

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

These issues will only get more and more acute.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Continue reading "Elder Abuse May be Seriously Underreported" »