Elder Abuse

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Must I Take Care of a Parent That Did not Take Care of Me?

Elderly Woman

The answer is, perhaps.  Under the law, if you have been taking care of your parent or have promised to take care of your parent you are legally required to continue giving your best effort.

Under the California Family Code you cannot leave a helpless, indigent parent home alone. Specifically, the code states that: “Except as otherwise provided by law, an adult child shall, to the extent of his or her ability, support a parent who is in need and unable to maintain himself or herself by work.” Family Code, Section 4400.

Family Code Section 4403 enables the parent or the county to bring an action to enforce the duty of support and recover attorneys’ fees for pursing that action.

Additionally, a criminal action could ensue. California Penal Code, states that it is a misdemeanor to fail to provide necessary food, clothing, shelter, or medical attendance for an indigent parent. (Section 270c).

There are exceptions to these rules. First, if your parent abandoned you for at least two years when you were a child, you may not be required to care for that parent now. Nor would you be liable for supporting your parent if he/she is receiving certain governmental aid. (WIC § 12350)

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Talk Radio: Susan B Geffen & Steven Spierer

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Are you facing challenges with aging family members? Are you having trouble getting clear, practical and useful answers? Steve interviews elder issues expert and gerontologist Susan Geffen about everything from elder abuse to reverse mortgages, from long-term care to Alzheimer’s.

Also, are you frustrated with your financial situation? Do you wonder where your money went at the end of the month and why others are getting ahead when you are not? Steve talks about the basics of getting out of debt, getting the most out of your money and how to set yourself up for personal financial success.

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Video: Vulnerable To Elder Abuse

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Episode#003 – Professor Rose talks about how some female neighbors have manipulated his stepfather into parting with assets and how he fell victim to a late night television land sales scheme.

For the complete Mike Rose Series, click here.

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Stealing Cookies

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Once upon a time lived a very bad girl. She took and took from her kind hearted mother even when her mother, wife of a once very prominent dentist, was well into her 90’s and had very little left to give.

Now I use that term “give” lightly as most of the time it was less give than outright petty theft.

Everyone knew that this daughter stole this woman’s check book and depleted her life’s savings, forged her signature on loan documents, destroyed her home with dozen of urine spewing cats, but no one did anything.

Why? Would it further surprise you to know that this 95 year old woman is my wonderful and funny and brilliant aunt? That this girl is my 53 year old adopted cousin? Continue reading Stealing Cookies

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When The Call Comes From The Elder….

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The other day something unusual happened. I received a call from an 88 year old woman who needed my advice about her daughter in law’s pushy (for lack of a better word) behavior.

Fearing that she would be institutionalized against her will, she wanted to know what her rights were. When I got to the woman’s house, she and her middle aged care-giver, greeted me with a warm smile and a welcoming gesture.

As she spoke of her daughter barging in, her eyes began to tear. The daughter, the wife of a son who passed away in his twenties, had begun a campaign to rid the home of the caretaker and the cat that the caretaker brought in and to place my client into some form of assisted living.

The daughter had even gone to a doctor’s visit where she made not so subtle illusions to the house being in a state of filth and disarray and run over by pets.

Concerned, the doctor had a social worker come to the home. The social worker reported that the house and living conditions were in perfect order.

Later that day, the grandson barged into the home and removed the cat that my client had come to love, insisting that my client had allergies and that she simply forgot about them.

My client was afraid that she would be snatched and institutionalized when she went to put her garbage out. Was this a paranoid delusion? Was the care giver up to no good?

Or, was this a case of elder abuse?

My findings were that my client’s mental capacity was very much in tact. Furthermore, she was very happy with her caretaker and wanted a pet. I spoke with my client’s doctor who agreed.

To this day, I do not know what her daughter in law’s motive was. Although she was in the will, placement of my client into an institutionalized setting would deplete her inheritance. My suggestion was two fold.

First, I could have the family participate in a family mediation to have everybody’s concerns aired and my client could assert her right to independence and autonomy, she could make her 80 year old sister a proxy under a durable power of attorney for health care or she could voluntarily submit to a conservatorship over herself. Short of that, she could get a restraining order.

That seemed a bit extreme. When I followed up with her she told me that she suggested to her daughter in law a cooling off time. They will meet in a couple of weeks to smooth things over with or without my mediation.

Empowered by two professionals assessment that she is not incompetent, I suspect that my client will now be in a position to assert her boundaries that she created over 88 years on this planet.

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