California Elder Law Attorney Blog

Beefing up staffing in Illinois nursing homes and raising fines on facilities that endanger residents are key features of reform legislation announced Tuesday by two Chicago lawmakers, union leaders and advocates for the elderly.

The nursing home industry quickly signaled displeasure with the bill, saying the proposal "goes way beyond" issues addressed by Gov. Pat Quinn's nursing home safety task force. But one of the bill's sponsors, Sen. Jacqueline Collins, D-Chicago, said her coalition is ready for a fight.

"We are here to say quite boldly and courageously that we're willing to take on the nursing home industry," Collins said at a news conference in Springfield. "For too long they've had the influence and power in this state and I want to say that we can mount a strong coalition to stand together to fight for policy changes that truly address the disparities in care and the lack of care."

The proposal targets a pattern of violence in Illinois nursing homes stemming from the state's long reliance on the facilities to house younger adults with serious mental illness. Assaults, rapes and murders reported in a series of news articles sparked the formation of the governor's task force.

The nursing home industry has been taking part in talks in Springfield with members of the task force working toward legislation, said Terry Sullivan of the Health Care Council of Illinois, the state's largest nursing home trade group.

So too have advocates who broke out of the talks Tuesday to announce their proposal and press the points on higher staffing and fines.

Sen. Heather Steans, D-Chicago, is sponsoring the legislation with Collins. It's backed by groups such as AARP, unions representing health care workers, the Supportive Housing Providers Association and Illinois Citizens for Better Care.

"Thousands of nursing home residents across this state are victims of abuse, of assault and inadequate care," said Nancy Funk, an AARP volunteer from Decatur, at the press conference. "It kind of looks like it's becoming the norm in this state rather than the exception."

The proposal calls for a database of nursing home assaults that would be kept by the Illinois Department of Public Health and a new tax on nursing homes to increase funding for the state long-term care ombudsman program, which sends trained advocates into nursing homes to help residents.

Sullivan of the nursing home group said raising taxes would take money away from what's available to care for patients. He said increased staffing for every nursing home isn't reasonable.

The bill "goes way beyond issues raised in the governor's task force," Sullivan said. "For years and years, the state has been cutting back on the ombudsman program and public health surveyors and now suddenly they say, 'We need more people. Let's make nursing homes pay for that.'"

Continue reading "Illinois Beefing up Its Nursing Home Elder Abuse Staffing Regulations" »

Experts on elder abuse agree that that law enforcement and the district attorney's office are seeing more cases of that crime each year even though many more could be going unreported.

More care must be taken to protect elderly residents from unscrupulous people who are hired to help them.

As recently as March 4, a 59-year-old Santa Maria man was arrested for bilking an elderly woman out of hundreds of thousands of dollars in a fraudulent real estate deal, the Santa Barbara County sheriff office reported.

Deputies said the man convinced the 69-year-old victim to invest $300,000 for the purchase of a commercial property and promised the woman 12 percent interest on her investment. He even paid the first six months interest up front.

Sheriff's detectives began investigating the incident last year. At that time, the woman reported that aside from receiving a payment for the first six months of interest, which was pulled from the $300,000 she had invested, the man had never paid her anything.

Deputies said the woman trusted the man because he is a Realtor whom she had worked with before.

The man was booked into county jail on suspicion of fiduciary elder abuse, and authorities said more charges could be filed before the investigation is finished.

On Feb. 12, sheriff's detectives responded to a tip from an 80-year-old Goleta woman's accountant who indicated that a caregiver may have been taking advantage of her employer.

The caregiver - who was on probation for another crime - was arrested and faces charges of commercial burglary, forgery and financial elder abuse of the older woman.

The suspected thief, who worked for the woman for two months, is accused of having stolen and cashed checks worth a total of $10,580 from multiple bank accounts.

To prevent financial elder abuse, a statement issued by the sheriff's department recommended people looking to hire a caregiver conduct a background check and ask for references, which should be thoroughly verified.
As founder and president of Santa Barbara-based Senior Planning Services, I whole-heartedly agree with the sheriff's department.

We have seen a rise in elder abuse during the 20 years Senior Planning Services has operated in Santa Barbara County.

Many times the abuse can be prevented by providing proper support and advocacy for elders who want to stay in their own home but who may need a caregiver to assist him. However, the caregiver should not be a "stranger in the house" who has not gone through the proper background checks.

Checking references is not enough. Senior Planning Services requires criminal and Department of Motor Vehicle checks personality and integrity testing on all our caregivers.

You are taking many potential risks when hiring a caregiver on your own. The keys to preventing financial exploitation are: prevention, protection and intervention.

As professional fiduciary organization, Senior Planning Services is often called in to provide protection of senior citizens who may have been victimized by an abuser and to assist in the recovery of their assets.

Senior Planning Services fiduciary Jackie Quinn also has seen the rising trend in elder abuse cases. She has a great deal of experience acting as both a private trustee and executor.

Quinn noted one case in which a licensed insurance agent in Santa Barbara pleaded guilty in July 2009 in a $2.1 million grand theft case involving theft from senior citizens by churning annuities. The agent spent 90 days in jail and was placed on five years probation.

And in Santa Maria, a landscaper pleaded no contest to charges he charged elderly clients for services he never performed. He was ordered to pay $50,000 in restitution and sentenced to eight years in prison.

To seek more ways to prevent this crime, Quinn noted that the Elder & Dependent Adult Abuse Prevention Council of Santa Barbara County will hold its annual training conference "Safeguarding Elders and Dependent Adults Against Abuse" from 8 a.m. to 4 p.m. May 25, 2010 at Fe Bland Auditorium, Santa Barbara City College, 721 Cliff Drive.

Continue reading "Elder Abuse On the Rise in Santa Barbara County" »

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

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

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

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

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

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

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

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

Continue reading "Nursing Home Abuse Still Very Prevelant In Many Nursing Homes Across the United States" »

In the late 1960s, when Linda C. Kramer was a public health nurse in Philadelphia, she discovered elderly men and women confined to their beds, lying in their own filth, nearly starving to death because no one was cleaning or feeding them properly.

Linda C. Kramer"The families of these elders were keeping their parents or grandparents barely alive, with no quality of life, only to continue to collect the older person's Social Security or welfare checks," says Kramer, whose desire to advocate for the elderly led her to become an attorney specializing in elder law and estate planning.

"I know these situations still exist today. The primary difference is that now we have laws to protect the frail elderly."

Last year, Kramer, who lives in Los Altos, attended a Santa Clara County program on the role of faith communities in responding to the mistreatment and neglect of elders. Among 200-some attendees, Kramer was one of just two Jews.

Concerned about the need for the Jewish community to address such issues, she spoke to Rabbi Janet Marder at Congregation Beth Am in Los Altos Hills, where she is a member. On Tuesday, March 2, Beth Am will host "The Jewish Response to Elder Abuse and Neglect: Shedding Light on a Critical Community Issue." The free community event is sponsored by Beth Am Women.

Kramer will moderate a panel that includes Marder; Judge Mary

Ann Grilli of the Santa Clara County Family Court and a Beth Am member; Lettie Ordone of the Santa Clara County Adult Protective Services; Donald Moody of the Santa Clara County Public Guardian/Conservator's Office; and Kimberly Conners of the Santa Clara County District Attorney's Office.

When Kramer graduated from law school 23 years ago, she found that "it was politically correct to be a child advocate, but there were very few advocates for the elderly. I decided I wanted to do what I could to support older adults and to protect them when they became vulnerable.

"It may also have been a self-serving action -- after all, I'm getting older myself and want systems in place to protect me."

"One of my clients," she recalls, "told me that her son, his girlfriend and their teenage son moved in with her, saying that they wanted to help her. They then proceeded to relegate her to a small back bedroom, where she was forced to live while they took over the house. She could only come out for meals and to go to the bathroom. They verbally abused her on a regular basis, saying she was stupid and old and crazy."

Her client refused to ask for help. She was afraid to get the police or Adult Protective Services involved for fear that she would never see him again.

"Therein lies one of the problems in helping the frail elderly," Kramer says. "They are held captive by their own physical and often mental incapacities. They most often have only their families to relate to, and if they do not have families, they are prone to seek comfort by so-called friends who only want to take advantage of them."

The other problem, she says, is that those younger people are often in denial about how much help their elders need.

Kramer spoke to an adult son who believed he was taking good care of his 85-year-old mother by taking her grocery shopping every week. He spent an hour driving to his mother's home and another two hours with her in the store, because she moved so slowly. Kramer asked whether he helped his mother unload the groceries. He replied that he assumed she could do that on her own.

"He never took the time to actually go inside his mother's house," Kramer says. "He certainly wasn't abusive, but it was neglectful."

Honoring our mothers and fathers is "a Jewish obligation," says Kramer, an obligation that becomes more significant as parents and their children grow older. As a result, many synagogues members and clergy routinely visit the sick and elderly.

"

Continue reading "Linda C. Kramer: Elder Abuse Advocate" »

An estimated one in 10 adults older than 60 are abused every year, according to the National Institute of Justice. The grim truth is most of the perpetrators are family or friends of the victim.

"It's usually someone who is taking advantage of the trust and also taking advantage of the vulnerabilities," says California Elder Law Attorney Steven C. Peck "Preying on someone's financial situation."

While statistics aren't always available at the local level, that doesn't mean it's not an issue.

"The one thing you don't want to do is put your head in the sand and pretend this thing doesn't exist, because this is happening all across the country," Peck Indicates.

Many older adults are afraid to report abuse, They might be reliant on the perpetrator for their independence, or they might just not know who to tell.

"We definitely need to stop this," reflects Peck "We're hoping we can connect with seniors to tell them there are resources here for them to reach out and stop this type of exploitation.

Even when elder abuse cases are reported, they're often difficult to investigate. For example, if children are charged with taking care of their parent, it's common to share a bank account so the children can eventually make funeral arrangements. Once that happens, the temptation grows to start taking money out for personal use, maybe even thinking of it as an early inheritance, indicates California Financial Elder Abuse Lawyer Steven C. Peck.

"It is difficult because you have to sort through those trust issues and get to the facts," Peck says. "You have to prove that these people are being taken advantage of."

The investigations can be time consuming, even when advocates help the victim. "Like most of us, the elderly don't keep the best records, so pouring through records is really very difficult to do,"

Continue reading "Family or Friends the Most Likely Perpetrators of Elder Abuse" »

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.

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
■Report Elder Abuse
■Elder and Nursing Home Abuse Attorney
■Laws and Cases
■Data and Statistics
■Videos, Public Service Announcements

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" »

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.