California Elder Abuse Lawyer Blog

Elders and Falls: Common Causes

Fri, 19 Apr 2013 15:01:31 -0800

Falls in nursing homes are all too common, and consequently all too fatal. In fact according to the Centers for Disease Control's website, "Falls among nursing home residents occur frequently and repeatedly. About 1,800 older adults living in nursing homes die each year from fall-related injuries and those who survive falls frequently sustain hip fractures and head injuries that result in permanent disability and reduced quality of life."

In order to prevent falls, it's beneficial for elders in long term nursing care facilities to understand the causes. Here is a list of the four most common causes of falls.

• Nearly ¼ of all falls in nursing homes are caused by muscle weakness, or walking difficulties. If you or someone you love is having difficulty walking, use an assistive device, and make sure to request proper assistance from the skilled nursing staff of your long term care facility.
• Environmental hazards within nursing homes can also lead residents to fall. As many as 27% of all falls in nursing homes may be caused by wet floors, inadequate lighting, improper height of resident's bed, or poorly maintained or improper size of wheel chairs.
• Medications can significantly increase the likelihood of a fall. In particular, medications which affect the central nervous system (thus affecting reaction time, coordination and so on) may cause seniors in nursing homes to fall. The incidence of falls caused by medication is typically higher when a resident switches medication.
• Other common causes for nursing home falls include improper foot care (including shoes which don't fit properly) and incorrect use of walking devices.

Even under the best of circumstances, with all of the proper techniques and preventative devices in place, falls are bound to occur resulting in serious injuries or even death to the elderly patients who reside in California nursing homes. Often they forget that they have fallen or they don't remember why their head or side hurts. Family members and visitors need to be constantly vigilant in noticing signs of falls or signs of danger in the facility.

If you, a family member or a friend have a loved one in a California nursing home that exhibits signs of having sustained an injury from falling, contact Christopher C. Walton at 619-233-0011 for a confidential, no obligation consultation. Cases are handled on a contingency basis, which means that you will not owe an attorney fee unless there is a monetary recovery made for you.

Huge Victory For Plaintiffs in Elder Abuse Lawsuit

Fri, 12 Apr 2013 14:52:31 -0800

In another sign of just how serious California is about protecting elders from abuse; a jury in Sacramento recently awarded the children of an elderly woman who was abused in a long term assisted living facility, a whopping $23 million.

The jury ordered Emeritus Corp to pay damages after finding them guilty of malice, oppression and fraud in its handling of 82 year old Joan Boice, who suffered from Alzheimer's disease. Within just months of being admitted to the Emeritus at Emerald Hills facility in Auburn, CA, Boice developed bed sores, which were later listed as a leading cause of her death.

According to the Sacramento Bee:

"Already suffering from Alzheimer's disease, Joan Boice arrived at Emeritus at Emerald Hills in Auburn in September 2008. By the time she left in December, she had developed bedsores. She died three months after moving out, with the sores listed as a significant condition leading to her death.

In a two-month trial, plaintiffs put on evidence that the Emerald Hills resident nurse told a caregiver at Emerald Hills who first found the sores to "just don't let anybody know," because the disclosure would have resulted in Mrs. Boice's removal from the facility.
Along with systemic understaffing and a lack of training, Emeritus' retention policies designed to keep "heads in the beds" resulted from a corporate drive for profits that put the bottom line above residents' care, according to the plaintiffs.

"It was an eye-opener," juror Mark Jackson, a mechanic, said of the nine-week trial. "And the world needs to know what's going on - California needs to know what's going on with elder abuse in these homes. We need to open our eyes to what's going on around us."

If you suspect an elder is being abused in any capacity, while in a long-term care facility such as a nursing home, you can report the incident to the Local Long-Term Care Ombudsman, your local law enforcement and/or the Department of Public Health.

Christopher C. Walton is a California elder abuse attorney whose practice is dedicated to issues involving elder abuse & neglect. If you believe you or somebody you know has been subjected to any form of abuse in a California nursing home, contact Christopher C. Walton at (619) 233-0011 for a free and confidential consultation. Mr. Walton is a California elder abuse attorney whose practice is dedicated to issues involving elder abuse & neglect. Cases are handled on a contingency basis, which means that you will not owe attorney fees unless there is a monetary recovery made for you.

All California Nursing Homes Must Use California's Standard Admission Agreement

Fri, 05 Apr 2013 15:03:41 -0800

California nursing home residents have certain rights under both federal and California law, including certain rights about the content of admission agreement contracts.

Under California law, admission agreements must meet certain minimum requirements, including the following laid out by California Advocates for Nursing Home Reform:

• A contract may not require that the resident pay with private funds for a specific period of time, meaning the contract cannot forbid a resident to pay with Medicare or Medi-Cal funds;
• A contract may not require, at the time of admission, that the resident give notice that he or she intends to convert to Medi-Cal status;
• A contract may not require the resident to promise not to apply for Medicare or Medi-Cal benefits; and
• A contract may not require a third-party guarantee of payment as a condition of admission or expedited admission.

Unfortunately, despite the requisite rights provided for by law, in the past, these admission agreements were written by the nursing homes themselves and often contained deceptive or illegal terms. However, California became the first state to outlaw the use of admission contracts written by nursing homes. In fact, as of April 6, 2012, all California nursing homes are required to use the Standard Admission Agreement (the "Agreement") developed by the California Department of Health.

As a representative or resident, it is imperative to know the rights and responsibilities that the Agreement provides in order to help prevent elder abuse. Among the rights that the Agreement provides are the following:

1) The person being admitted to the nursing home is the only person required to sign the Agreement. If the resident is unable to do so, a representative may do so for the resident.

2) Signing the Agreement as a resident's representative does not make a representative responsible for using his or her own money to pay for the nursing home care.

3) Neither a resident nor a representative can be required to sign any other documents at the time of admission or as a condition of admission--while the nursing home may ask you to sign additional documents, it is best to take time to review these documents in advance as these documents may conflict with the Agreement and attempt to restrict a resident's rights.

4) A resident cannot be required to sign an arbitration agreement as a condition of admission to a facility and the nursing home cannot present an arbitration agreement as part of the Agreement.

An Overview: Residents' Rights in a Long Term Care Facility

Mon, 25 Mar 2013 11:23:22 -0800

Elder abuse in California in long term care facilities can be both a criminal and civil offense. Civil elder abuse includes any physical or financial abuse, neglect or abandonment resulting in physical or mental harm. No resident of a long-term care facility deserves to be subjected to any type of neglect, isolation, fraud, physical abuse or any other kind of abuse.

On the contrary, California Law guarantees, all residents of long term care facilities including nursing homes, very specific rights and freedoms, in an effort to prevent abuse. If you're considering helping to place an elder into a long term care facility, be mindful that your loved one has, at a minimum, the following rights granted under protection from federal and state laws.

• The right to be treated with respect and dignity
• The right to privacy during treatment
• The right to privacy during personal care
• The right to choose your personal physician
• The right to participate in one's own treatment planning and decision making
• The right to receive care to ensure proper personal hygiene
• The right to reside in a clean, sanitary facility
• The right to receive proper nutrition in quality and quantity as per physician's recommendations
• The right to voice grievances and/or suggest policy changes to the facility without fear of repercussions
• The right to make and receive phone calls privately
• The right to privacy in visits from family members and friends
• The right to be completely free from abuse, chemical restraints and physical restraints which are not required to treat medical symptoms.

The state of California has taken a firm stance and zero tolerance policy towards elder abuse in any capacity. As part of their mission to encourage all Californians to report suspected elder abuse, the state has created The Citizen's Guide To Preventing and Reporting Elder Abuse, which can be viewed in its entirety here.

If you suspect that a friend, family member, or loved one has been the victim of elder abuse, contact an experienced California elder abuse lawyer to help evaluate your case and advise you how to proceed. Christopher Walton has years of experience providing caring, compassionate representation to victims of elder abuse and their families. Call (619) 233-0011 for a confidential consultation.

Reporting Elder Abuse Is Easier Than You Think

Mon, 18 Mar 2013 11:18:47 -0800

In recent posts, we've focused on new laws, which require that any mandated reporter report elder abuse within 48 hours. But what if you're not a mandated reporter, but still suspect that elder abuse is occurring? The general rule of thumb is to always err on the side of caution. Unfortunately, if unreported, elder abuse often escalates, and all too often the results are tragic. If you suspect an elder you know is being abused, report it immediately. You may be saving the health, assets, or even the life of an elder who may be too afraid to report the abuse themselves.

There are numerous ways to report suspected elder abuse, and it is probably much easier than you think. Furthermore you will be protected from criminal or civil liability, so do not let the fear of retribution prevent you from ever reporting abuse.

If you suspect an elder is being abused in any capacity, while in a long-term care facility such as a nursing home; report the incident to both the Local Long-Term Care Ombudsman and the California Department of Public Health. You should also consider reporting to Adult Protective Services Agency.

If you suspect an elder is being abused outside of a long-term care facility, such as in a private residence, contact your local Adult Protective Services Agency. The APS provides assistance to adults and elderly who are functionally impaired, and who may be victims of abuse, neglect or exploitation. All APS agencies in California have a 24/7 hotline that may be called to report suspected abuse.

In San Diego County, you may also contact: San Diego County Aging and Independent Services 9335 Hazard Way, Suite 100 San Diego, CA 92123 (858) 495-5660.

Elder abuse in California can be both a criminal and civil offense. Criminal elder abuse describes the willful infliction of physical or emotional suffering on an elder. Civil elder abuse includes any physical or financial abuse, neglect or abandonment resulting in physical or mental harm.

Recognizing Signs of Neglect In Nursing Homes

Mon, 11 Mar 2013 11:06:45 -0800

According to the National Center on Elder Abuse, Bureau of Justice Statistics, in 2010 nearly 6 million cases of elder abuse were reported in the United States. That means that nearly 10% of the elderly population reported being physically, financially or emotionally abused. Unfortunately, these statistics probably only represent a fraction of the actual cases of elder abuse, as the NCEA estimates that only 1 of 14 cases of elder abuse is ever reported.

According to the same study, neglect accounts for almost 60% of reported elder abuse cases. Neglect is a form of abuse wherein a caregiver fails to provide an elderly resident with basic needs including food, water, medical assistance, shelter, personal hygiene products and so on. While some forms of neglect such as bed sores may be obvious (and life threatening); other symptoms of neglect may be more difficult to detect.

Here is a partial list of warning signs or symptoms that an elder you love may be suffering from neglect in a nursing home.

• Sudden weight loss
• Poor personal hygiene
• Excessive sleepiness or confusion with no apparent cause
• Lack of necessities, including prescription eye glasses, dentures, hearing aids, canes, or other devices to aid in mobility and quality of life
• Skin rashes
• Improper clothing for weather
• Matted hair
• Dirty hands/fingernails
• Reports of nightmares & trouble sleeping
• Appears afraid of staff of nursing home
• Demonstrates emotional distress including depression and despair
• Appears withdrawn or detached

If you suspect somebody is being neglected while in a long-term care facility such as a nursing home; you should consider reporting the incident to both the Local Long-Term Care Ombudsman and the California Department of Public Health. You can also contact Adult Protective Services and your local law enforcement.

Christopher C. Walton is a San Diego nursing home neglect attorney whose practice is dedicated to issues involving elder abuse & neglect. If you or somebody you know shows signs of neglect or abuse, please call us at (619) 233-0011 for a free and confidential consultation with an elder abuse attorney.

Son To Stand Trial For Attempted Murder Of 73 Year Old Mother

Mon, 04 Mar 2013 11:01:17 -0800

In one of the more visible and deplorable recent cases of elder abuse in Southern California, Judge Angel Bermudez has ordered 47 year old Gregory Cornelius to stand trial on charges of attempted murder against his 73 year old mother.

According to the Associated Press, JoAnn Cornelius told police officers in April of 2012 that her son had duct taped her to a chair, taken away her glasses and hearing aids, and cut off her oxygen.

When police arrived at her home in The Colony retirement community, officers found 73 year old Joann bleeding and struggling to breathe. She also had bruises covering her face and arms, and was ultimately found to have six broken ribs.

Initial reports have indicated that Gregory Cornelius was living with his mother and he was angry she didn't do his laundry.

After hearing testimony Judge Bermudez said there was enough evidence to order Gregory Cornelius, to stand trial, and set his bail at $2 million. If convicted he faces life in prison.
Elder abuse in California is both a criminal and civil offense. Criminal elder abuse describes the willful infliction of physical or emotional suffering on an elder. Civil elder abuse includes any physical or financial abuse, neglect or abandonment resulting in physical or mental harm.

If you suspect an elder is being abused by a family member in a private residence, contact your local Adult Protective Services Agency (APS). The APS provides assistance to adults and elderly who are functionally impaired, and who may be victims of abuse, neglect or exploitation. All APS agencies in California have a 24/7 hotline that may be called to report suspected abuse.

For more information in San Diego County, you may contact: San Diego County Aging and Independent Services 9335 Hazard Way, Suite 100 San Diego, CA 92123 (858) 495-5660.

Are You A Mandated Reporter? You Might Be Surprised.

Mon, 25 Feb 2013 19:31:04 -0800

AB 40 went into effect just weeks ago, which requires "mandated reporters" to report abuse or even suspected abuse to local law enforcement officials immediately. But just what is a mandated reporter?

In California - which has rates of elder abuse accounting for nearly 11% of all reported elder abuse cases in the nation - the term mandated reporter is defined as: "Any person who has assumed full or intermittent responsibility for care or custody of an elder or dependent adult, whether or not that person receives compensation, including administrators, supervisors, and any licensed staff of a public or private facility that provides care or services for elder or dependent adults, or any elder or dependent adult care custodian, health practitioner, or employee of a county adult protective services agency or local law enforcement agency is a mandated reporter."

That means that in California, mandated reporters can include all support staff in long-term care facilities.

Thankfully, AB 40 demonstrates that our lawmakers recognize that even one act of elder abuse is too many. As such, the state has taken measures to punish mandated reporters who fail to report elder abuse. Although failure to report abuse or suspected abuse is considered a misdemeanor, it is punishable by a fine of up to $1000 and/or 6 months in jail.

The Office of The Attorney General has created a short video which details your legal responsibilities as a mandated reporter (see below). If you prefer, text of the Legal Duty Curriculum from the Office of The Attorney General can also found below.

Elder abuse in California is both a criminal and civil offense. Criminal elder abuse describes the willful infliction of physical or emotional suffering on an elder. Civil elder abuse includes any physical or financial abuse, neglect or abandonment resulting in physical or mental harm.

AB 40 Makes Reporting of Elder Abuse To Law Enforcement Mandatory

Tue, 12 Feb 2013 12:45:22 -0800

It has taken nearly two years, but Assembly Bill 40 has finally gone into effect. Drafted by Assemblywoman Mariko Yamada, D-Davis AB 40 resolves a previous conflict between state and federal laws in which elder abuse in nursing homes was reported to the Office of the Long-Term Care Ombudsman. However, abuse was prevented from being reported to local law enforcement due to federal rules of confidentiality. Despite the fact that the federal rules were in place to protect nursing home residents from retaliation by management, the ensuing results proved to suppress the reporting of elder abuse.

Fortunately, AB 40 went into effect in 2013, serving to close this loophole. AB 40 requires that any "mandated reporter" -including employees, supervisors or administrators of nursing homes and long-term care centers- now notify not only the Ombudsman, but local law enforcement officials as well. Specifically, reports of actual or suspected physical abuse which result in serious bodily harm must be reported to both agencies within 2 hours. Actual or suspected physical abuse resulting in minor injuries must be reported within 24 hours. The law aims to encourage nursing homes and workers to act quickly on complaints.

In a sense, AB 40 will serve to double the reporting duties of those required by state law to share any knowledge of physical abuse, abandonment, neglect, isolation or financial abuse of senior residents in long-term care centers. In fact, failure to report abuse is a misdemeanor under the new law, with a maximum penalty of six months in jail and/or a $1,000 fine.

Director Of Nursing Sentenced To 3 Years In Prison For Drugging Patients In Nursing Home

Mon, 04 Feb 2013 09:19:10 -0800

Elder abuse of any kind is a crime potentially punishable by prison time in California. The recent sentencing of the former Director of Nursing of Kern Valley Healthcare District's nursing home to three years in prison for "convenience drugging" reminds us that elder abuse extends far beyond neglect, financial or obvious physical abuse.

Charged with chemically restraining patients under her care, while serving as Director of Nursing of Kern Valley Healthcare District's nursing home, Gwen D. Hughes will spend the next three years in prison for drugging residents into submission using antipsychotic and anti-seizure medications. Ultimately, three patients of the facility died as a result of being over-drugged.

According to a press release from the California Attorney General's office, "Hughes ordered the administration of psychotropic medications to 23 elderly residents of the skilled nursing facility not for therapeutic reasons, but instead to control and quiet them for the convenience of staff. The drugs were given to patients who were noisy, prone to wandering, who complained about conditions or were argumentative. The drugs hastened three patients' deaths, according to the investigation, and all 23 suffered some form of adverse physical reaction as a result. Many of the patients were under care for Alzheimer's or dementia."

The charges in this case were brought against Hughes and three co-workers in 2009. Hughes was the final defendant to be sentenced and the only defendant sentenced to prison time for her role as the proverbial ringleader. Evidence indicated that Hughes directed the hospital's director of pharmacy to write doctor's orders for the unnecessary psychotropic medications.

According to Attorney General Kamala D. Harris "Elder abuse in skilled nursing facilities is a particularly heinous crime because vulnerable victims and their families have placed their trust in the facilities to provide quality care, preserve their dignity and enjoy a better quality of life. This defendant maliciously and dangerously drugged patients for her own personal convenience. This is clearly outrageous conduct that justifies a state prison sentence."

According to a statement released by the California Advocates for Nursing Home Reform (CANHR), Patricia McGinnis, Executive Director of CANHR stated "three residents died as a result of being over drugged at Kern Valley Healthcare and many more suffered severely. Three years in prison is at least some retribution for their deaths, and hopefully Ms. Hughes' sentence will be a warning to other facilities who think that drugs can substitute for adequate staffing."

New Study Finds Many Agencies Place Unqualified Caregivers in Homes of Elderly without Background Checks or Drug Testing

Thu, 24 Jan 2013 14:44:17 -0800

A recent nationwide study from the Northwestern University Feinberg School of Medicine has found that many agencies who place caregivers in the homes of elderly people do not conduct national criminal background checks or drug testing. Moreover, these agencies do not require any experience or provide any real training or supervision for these caregivers.
For the study, researchers posed as consumers and surveyed 180 agencies across the country about their hiring methods, screening measures, training practices, skill competencies assessments, and supervision. Researchers found:

• Only 55% of the agencies interviewed said they performed a federal background check.
• Only 33% of agencies interviewed said they conducted drug testing.
• Only 33% of agencies interviewed said they tested for caregiver skill competency, mostly through "client feedback" or "self-reports" where the caregivers describe their own skills.
• Only 30% of the agencies interviewed said they sent supervisors on home visits to check on caregivers frequently initially and then at least once a month.
• Some of the agencies interviewed recruited random strangers off Craigslist and placed them in the homes of elderly people

Lee Lindquist, MD, MPH, an associate professor of medicine at Northwestern University Feinberg School of Medicine and a physician at Northwestern Memorial Hospital, finds these statistics alarming. Lindquist was lead study author for the study and claims that "some of the paid caregivers are so unqualified it's scary and really puts the senior at risk."

"People have a false sense of security when they hire a caregiver from an agency," Lindquist said. Because most of these agencies do not perform federal, nationwide background checks, an applicant caregiver could have been convicted of a serious crime in one state and the out-of-state agency would never know about it. Also, considering that many seniors often take prescribed pain medication, there is a high risk of hiring a caregiver with a history of illicit drug use who may use or steal the patients' medication. These are just some of the concerns Lindquist expresses in the news article published in the July 13, 2012 issue of the Journal of American Geriatrics Society.

Lindquist advises people hiring a paid caregiver through an agency to ask the agency the following ten questions:

1. How do you recruit caregivers, and what are your hiring requirements?
2. What types of screenings are performed on caregivers before you hire them? Criminal background check - federal or state? Drug testing? Other?
3. Are they certified in CPR or do they have any health-related training?
4. Are the caregivers insured and bonded through your agency?
5. What competencies are expected of the caregiver you send to the home? (These could include lifting and transfers, homemaking skills, personal care skills such as bathing, dressing, toileting, training in behavioral management, and cognitive support.)
6. How do you assess what the caregiver is capable of doing?
7. What is your policy on providing a substitute caregiver if a regular caregiver cannot provide the contracted services?
8. If there is dissatisfaction with a particular caregiver, will a substitute be provided?
9. Does the agency provide a supervisor to evaluate the quality of home care on a regular basis? How frequently?
10. Does supervision occur over the telephone, through progress reports or in-person at the home of the older adult?

How to Recognize Financial Elder Abuse

Fri, 04 Jan 2013 21:53:41 -0800

In its simplest form, financial elder abuse involves taking money or property from an elderly person with the intent to defraud them. It is a growing problem in California given the state's increasing senior population. The signs of financial elder abuse can be difficult to see. The following is a list of some of the signs associated with financial elder abuse. Though the presence of any of the signs is not absolute evidence of abuse, it should prompt further investigation.

• Elder is withdrawn.
• Elder is confused and tends to be more forgetful than usual.
• Elder seems depressed or angry.
• Senior appears more secretive than usual.
• Others keep the senior away from family members.
• Caregiver does not give the elder an opportunity to speak freely.
• There is unusual activity in the older person's bank accounts including large, unexplained withdrawals, frequent transfers between accounts, or ATM withdrawals.
• Bank statements and other financial reports no longer come to the elder's home;
• Signatures on the elder's financial documents do not match the elder's signature.
• The elder's important financial documents, such as checks, are signed even though the elder's physical condition prevents writing.
• The senior lacks appropriate clothing or personal hygiene items.
• A stranger suddenly appears and offers the elder financial advice.
• There are unpaid bills, eviction notices, or notices to discontinue utilities.
• A caregiver who expresses unusual interest in the amount of money being spent on the older person.

Financial elder abuse can come in many forms including telemarketing fraud, predatory lending, and estate planning scams. Telemarketing fraud is the fraudulent sale of products and services over the phone. According to the American Association of Retired Persons, more than half of all of those targeted by telemarketers are over the age of 50. It may be difficult for the elder on the other end of the call to tell whether the call is a fraud, but everyone should be cautious about those calls that demand immediate payment for services not yet rendered. To avoid being duped by telemarketers, ask the caller for the name and address of their employer. Ask them to send you some written material. Whatever you do, DO NOT pay for anything over the phone. When in doubt, just hang up. The longer the conversation continues, the more easily the caller can convince the elder to give in and buy something.

Elders are also susceptible to the strong-arm tactics of predatory lenders who convince elders to take out high-interest loans. The elder is then unable to pay back the loan and can lose the collateral for loan, which is usually the elder's home. Lenders target elders who may be in financial straits and offer these loans as the solution to their problems. In reality, the fine print and boilerplate terms in the loan agreement almost always include hidden fees and balloon payments.

Estate planning schemes are other ways of taking advantage of the elderly. Suspicious estate planning documents, such as "Powers of attorney" can be devastating to a senior's financial life. A person who obtains power of attorney over the affairs of an elder has the ability to withdraw unlimited sums of money from the elder's bank account and can sign important financial documents on the elder's behalf. Powers of attorney can be beneficial when the person appointed as attorney is in fact acting in the best interest of the elder, but when they are fraudulently obtained, they can wreak havoc on the elder's finances.

California Guidelines for Recognizing and Reporting Elder Abuse

Thu, 20 Dec 2012 21:08:41 -0800

Under California law, elder abuse is both a criminal and civil offense. Criminal elder abuse describes the willful infliction of physical or emotional suffering on an elder. Civil elder abuse includes any physical or financial abuse, neglect or abandonment resulting in physical or mental harm. Diminished capacity due to the elder's advanced age, physical confinement, and medical condition make it difficult for victims to speak out about their abuse. Even when they do, perpetrators may blame the complaints on the elder's senility, confusion, or dementia. So many victims have no family or friends left to care for them. They rely entirely upon the staff and caregivers at their nursing home or facility. That is why it is important for anyone who witnesses elder abuse to recognize the symptoms and report the abuse.

Signs of physical abuse include unexplained weight loss, malnutrition, and dehydration. While lack of appetite is a common complaint amongst the elderly, caretakers are required by law to provide the food and service necessary to the patient's health and wellbeing. Unfortunately, poor nutrition often leads to easy bruising, another sign of physical abuse. Look for bruises and skin damage in the shape of fingerprints or clustered marks from repeated striking or beating. Also notice any new scratches, cuts, welts, or fractures. Marks indicating pinching, choking, or gagging evidence acute instances of abuse, while increased bedsores show neglect, as when the patient is not turned over enough in bed.

While not as visible, suspicious behavior may also indicate abuse. Watch for undue agitation, anger, or defensiveness. These may be signs of mental suffering. Patients may also become non-responsive, hesitant, and anxious when asked to explain their abuse. They may feel increasingly isolated as they lose contact with family and friends. Always look for signs of fear, withdrawal, depression, and helplessness in determining whether there has been abuse. Remember that any social isolation, absence of assistance, or indifference toward the needs of the elderly may constitute abuse. Even if you are not related to the victim, report any suspicious activity to the proper authorities.

Administrators, supervisors, and licensed staff of elderly care facilities must report actual or suspected abuse. Even if you are not a "mandated reporter," you can still report suspected incidents of elder abuse to each of the following agencies:
• The Licensing and Certification Division of the Department of Public Health (DPH)
• Local Law Enforcement, including the Police, Sheriff, and District Attorney's office
• Office of the State Attorney General, Bureau of Medi-Cal Fraud and Elder Abuse
• Long-Term Care Ombudsman Program
• Adult Protective Services (APS) in your county
To report health-related or financial abuse, contact any of the following:
• Office of the Attorney General, Bureau of Medi-Cal Fraud and Elder Abuse
• Health Insurance Counseling and Advocacy Program (HICAP) or the California Senior Medicare Patrol
• For consumer scams, contact the appropriate county office of the District Attorney.
• For questionable annuity practices, contact the State Insurance Commissioner's Office

Guidelines to Prevent Abuse in Long-Term Care Facilities

Mon, 22 Oct 2012 15:39:27 -0800

The decision to place a loved one in a long-term care facility for the elderly can be a very difficult and emotionally demanding process. Both you and your loved one need to take an active role in the decision to maximize the health, safety and well-being of your loved one. Once you have narrowed down your search and thoroughly researched and toured the facility, you should consider the following set of guidelines put together by California Advocates for Nursing Home Reform to ensure your loved one receives the best possible care and treatment.

1. Support your loved one's transition to the care facility. Open communication is extremely important while your loved one transitions to their new home. There may be feelings of loss or abandonment by the person being placed in the facility, as well as mirrored feelings of guilt or neglect by the person assuming responsibility for the placement. Therefore, it is important to openly discuss these feelings. Make sure your loved one receives a comprehensive assessment upon admission and be attentive to any changes in needs, behaviors, attitudes, and affections during the transition.

2. Make your visits count. Vary your visiting schedule by going on different days and at different times. This will ensure you are able to meet various members of the staff, and observe how your loved one interacts with other residents and staff members at different times of the day. Also, make a plan before each visit. Try to discover new things, meet new residents and staff members, explore new areas of the facility, plan special events outside of the facility, and bring with you important talking points and your loved one's special interests.

3. Get to know the staff and build relationships. Make it a point to learn each staff member's first name and understand their position and what they do for your loved one on a daily basis. This will ensure that staff understands your level of caring and involvement and most likely will appreciate your insight or special concerns regarding your loved one's needs. Most importantly, get to know the Director of Nursing (DON) and Charge Nurses. These individuals play a key role in your loved one's everyday care. Also, familiarize yourself with the facility's policies and procedures regarding the care of your loved one, and request meetings with the Administrator immediately if you suspect any problems.

4. Be an active participant in all care plan meetings. Being present at the initial comprehensive assessment is vital, but being involved in all care-planning is essential to the quality of care your loved one receives. These care plan meetings provide you an opportunity to evaluate whether the plan is effectively meeting your loved one's needs or whether changes are necessary. This also allows you the opportunity to personalize the treatment, as well as voice your concerns about your loved one's experience. Always insist on concrete, measureable plans that include timetables, and follow up your meetings with written confirmation describing the issues discussed.

5. Monitor care. The facility has a duty to follow the care plan in good faith, so hold them accountable by diligently monitoring the treatment of your loved one. Check the facility's records and compare and contrast them by discussing the treatment with your loved one. Physically inspect your loved one in an inconspicuous way to ensure that physical abuse is not going unreported. Also, keep your own notes and engage your loved one's physician if you suspect any health issues.

6. Act as an advocate for loved ones. Both you and your loved one have specific rights that you should be aware of. The most important right you have is the right to express concerns, suggestions or to make complaints and to do so without retaliation. Make sure to follow up on all concerns made, and do so in a calm yet assertive manner. Maintain your face-to-face meetings and contact the facility's Ombudsman Program to assist you in exercising your rights. Always file complaints with the appropriate licensing agency (e.g., California Department of Public Health).

7. Prevent abuse. Learning signs of elder abuse is crucial to the health and well-being of your loved one. Look out for unexplained bruises, scratches or marks on their face, inner arms or legs, or on the breast and genital area. Look for signs of over-medication like drowsiness, dry and cracked lips, drooling or blank/vacant stares. Look for poor hygiene, the smell of urine, and unattended residents in the facility. Indicators of neglect include significant weight loss, dehydration, or malnutrition, frequent falling and signs of skin breakdown and bedsores. Be aware of your loved one's personal belongings and financial affairs and ensure there are no fraudulent billing practices.

8. Become active in quality care issues. You and your family members can join Family Councils. Also, encourage your loved one to join the Resident Council to become actively involved in not only their personal care, but the care of their peers. Supporting legislation that enhances residential rights and improves quality is also a great way to get involved.

Tips to Recognizing and Preventing Financial Elder Abuse

Thu, 20 Sep 2012 16:21:45 -0800

It is estimated that nearly one in five Americans over age 65 become victims of financial elder abuse every year, costing them approximately $3 billion. Research also suggests that instances of financial elder abuse are severely underreported, with only about one in 25 cases actually making it to the authorities or news reporters. Several factors play a role in this underreporting, but often elders are too embarrassed to disclose when they have been victimized, while others lack the cognitive ability to recognize that the abuse is even taking place. Therefore, it is important for you to be able to recognize and prevent financial elder abuse of your loved ones.

A recently published article suggests 8 simple ways to prevent your loved one from being a victim of financial elder abuse.

1. Educate your loved ones. Talk to the seniors in your life regularly about potential problems and do not wait for them to reach out to you with concerns. Maintain a strong, trusting relationship and make sure to ease any potential embarrassment.

2. Go with an outsider. With nearly 80 percent of elder fraud cases attributed to close family members, it can be wise to choose a detached third-party to help manage your senior's financial holdings. A power-of-attorney (POA) gives a person legal authority to act on another person's behalf and is often a smart choice for handling a senior's finances. If your loved one chooses to assign a POA, make sure you are involved in the process and maintain strict limits on the types of transactions that may be accomplished. Assigning joint-POA's is also a good idea.

3. Register on the do-not-call list. Research suggests that women over 60 who live alone are extremely vulnerable targets for telemarketing scams. Although you cannot stop all calls, listing a phone number on the National Do Not Call Registry is a small protective step you and your loved one can take. Registration is free and easy. Also remember to remind your loved ones not to give out personal information over the phone.

4. Monitor investments. Visit the North American Securities Regulators Association before your loved one makes any investments or contacts a broker. A regulator from this website can verify that a chosen broker is properly licensed and can provide you with his or her important background information.

5. Don't fall for free lunches. Financial workshops offering "free lunches" to seniors are an ever-increasing way of luring seniors into a scam. It has been found that more than 10 percent of these events include fraudulent practices.

6. Monitor the mail. Assist your loved one in sifting through the mail and be on the lookout for bank or credit card statements bearing another's name or contact information. Be wary of unusual magazine subscriptions and always shred new credit card offers and bank statements.

7. Check credit reports. Ensure your senior is not a victim of identity theft or fraud by continuously monitoring their credit report. Free reports are available from the three major credit bureaus every 12 months.

8. Beware of isolation. Be a constant, loving presence in your loved one's life to prevent them from feeling lost, abandoned, or isolated. Those prone to take advantage of elders do so when the senior is most vulnerable. Involve your family and make sure that all maintain an active role in protecting your loved ones from financial elder abuse.

If you suspect a senior is being financially abused, report the situation to the proper authorities who can then make a decision about whether or not to investigate. In California, reports can be made to the local county Adult Protective Services Agency or to local law enforcement. Also, suspected elder abuse of any kind may reported to the National Center on Elder Abuse.