Click Here To Register
On-Line For Free

Elder Abuse

Play Video

Video: Susan explains Elder Abuse
Get a former Elder Law Professor's view on what is considered to be Elder Abuse and what to do.

Question Mark

Elder Abuse FAQs
Have questions about Elder Abuse? See our Frequently Asked Questions or ask Susan your own question.

Take Action Today Talk to an Elder Law Expert About Elder Abuse (Secured Form)
Get help immediately if your loved one is being abused.

By Any Means Necessary - Theft By The Elderly -a new trend?

Japanese Older Man

Last week I was asked to evaluate an older couple’s assets to see for how long they could get by. The very bad news was that it was only 13.3 years. Given the fact that they were 74 years old, this doesn’t seem alarming. But it is. The husband had Parkinson’s disease a progressive debilitating condition. My projections were based on their lives and needs remaining constant. Should he need 50% more in home care than he currently uses (20 hours a week), that figure goes down to 6.5 years of money. That’s it. I was told that there is longevity on both sides of their family. Indeed, this woman left her mother of 98 back in Pennsylvania.

This couple moved to California despite the fact that their children told them that they would not care for them in their old age. Surprisingly, this was music to my clients’ ears.  They really did not desire to be a burden to their children.  But, what will happen in 2021 when she is still in good health, but not strong enough to work. She will be out of money. How will she eat? Where will she live?  Will her children abandon her?

This is what is happening in Japan. The BBC reported on the amount of theft by displaced and impoverished seniors in that county. I usually do not post links in my blogs, but is fascinating.  At a minimum, it should cause you to think about whether your fingers will grow glue.

http://www.bbc.co.uk/news/world-asia-pacific-12157786

Share And Enjoy With Others:
  • E-mail this story to a friend!
  • Twitter
  • Facebook
  • Digg
  • Sphinn
  • del.icio.us
  • Google Bookmarks
  • Fark
  • HealthRanker

In-Home Care Criminals

nurse_ratched1

Recently an investigative reporter for the Times Sacramento Bureau Chief Evan Halper uncovered that violent felons have been permitted to enter the homes of the frail and sick to perform healthcare services. Is this an incendiary story with little statistical significance designed to give the Governor an excuse to cut the In Home Supportive Services Program (“IHSS”)? Or is it a horrifying reality of an industry fraught with problems such as high stress, relatively low wage positions?

IHSS, is intended to provide an alternative to nursing homes for low-income residents. Here in California, one must qualify for Medi-Cal in order to receive this benefit which is 283 hours a month.

According to Halper, individuals convicted of crimes such as rape, elder abuse and assault with a deadly weapon are permitted to care for some of California’s most vulnerable residents as part of the government’s home health aide program. The facts:

  1. Data provided by state officials show that at least 210 workers and applicants flagged by investigators as unsuitable to work in the program are nonetheless scheduled to resume or begin employment. Current rules allow California to hire convicts, and privacy laws often keep patients in the dark about their caregiver’s past. Simply stated, thousands of current workers have had no background checks.
  2. A court ruling earlier this year that said only specific types of child or elder abuse or fraud disqualify a person from being a caregiver in the state’s In Home Supportive Services. As a result, people convicted of crimes such as rape and assault with a deadly weapon have been permitted to provide care.
  3. The 210 providers alleged to be dangerous felons with convictions represent 0.00005 percent of the 380,000 homecare providers in IHSS.
  4. Many homecare providers are family members or friends.
  5. If this program is cut, many older poor frail adults will have no assistance with daily tasks critical to thriving such as eating, bathing, walking, toileting, etc.
  6. The budget was initially passed by the state assembly and senate last week and was approved by Governor Arnold Schwarzenegger the same day. Schwarzenegger implemented nearly $1 billion in additional spending cuts by exercising his line item veto power. He cut $300 million cut from In-Home Care.

I don’t usually believe in conspiracy theories, but here’s a question. If our legislature truly cared for the sick and disabled, wouldn’t he keep the program alive and put in place systems to ensure that this population can safely age in place instead of killing it?

Share And Enjoy With Others:
  • E-mail this story to a friend!
  • Twitter
  • Facebook
  • Digg
  • Sphinn
  • del.icio.us
  • Google Bookmarks
  • Fark
  • HealthRanker

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)

Share And Enjoy With Others:
  • E-mail this story to a friend!
  • Twitter
  • Facebook
  • Digg
  • Sphinn
  • del.icio.us
  • Google Bookmarks
  • Fark
  • HealthRanker

Talk Radio: Susan B Geffen & Steven Spierer

Radio

Get the Flash Player to see the wordTube Media Player.

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.

Share And Enjoy With Others:
  • E-mail this story to a friend!
  • Twitter
  • Facebook
  • Digg
  • Sphinn
  • del.icio.us
  • Google Bookmarks
  • Fark
  • HealthRanker

Video: Vulnerable To Elder Abuse

Get the Flash Player to see the wordTube Media Player.

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.

Share And Enjoy With Others:
  • E-mail this story to a friend!
  • Twitter
  • Facebook
  • Digg
  • Sphinn
  • del.icio.us
  • Google Bookmarks
  • Fark
  • HealthRanker

Stealing Cookies

519358556qwzpih_fs1

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

Share And Enjoy With Others:
  • E-mail this story to a friend!
  • Twitter
  • Facebook
  • Digg
  • Sphinn
  • del.icio.us
  • Google Bookmarks
  • Fark
  • HealthRanker

When The Call Comes From The Elder….

oldladydm0510_468x3832

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.

Share And Enjoy With Others:
  • E-mail this story to a friend!
  • Twitter
  • Facebook
  • Digg
  • Sphinn
  • del.icio.us
  • Google Bookmarks
  • Fark
  • HealthRanker