Nursing Homes for Veterans

Nursing Homes for Veterans
Fredrick P. Niemann, Esq., NJ Veterans Attorney Nursing home coverage for veterans is available from two sources within the Department of Veterans Affairs — the veteran’s health care system and the state veteran’s homes system. Nursing Home Coverage Through the VA Health Care System Nursing home coverage along with other long term care services such as home care […]
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Thieving Carer Spared Prison by Forgiving Pensioner (UK)

29th June 2009

A neighbour who stole a pensioner’s life savings after becoming his carer has avoided going to jail because of the forgiveness of his victim.

Serio Fernando, 57, took advantage of the trust placed in him by frail Raymond Jones after moving into his Telford Road, St Albans home as his carer by stealing more than £4,000 from his bank in a matter of days.

Mr Jones entrusted Fernando, from Portugal, with his bank card and between January 16 and January 29, Fernando stole a total of £4,569.78.

Fernando pleaded guilty to two counts of theft at a previous hearing, and was warned he faced immediate custody.

However, when he was due to be sentenced the court was told that Mr Jones had forgiven Fernando and wanted him to continue living with him and helping him.

The court was told Fernando had brought the elderly man “back to life”.

As a result sentence was further adjourned for an impact statement from Mr Jones, while Fernando, who had been bailed to a different address was allowed to return to Mr Jones’ home.

And at St Albans Crown Court on Friday, Recorder Philip Brook-Smith imposed a 51-week suspended prison sentence – the longest sentence that can be suspended.

Fernando must also carry out 100 hours unpaid work. No compensation or costs were imposed.

SOURCE: St Albans & Harpenden Review – St Albans,UK
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Assisted Living Facility Residents Can Lose Their Homes if Their Facility Stops Participating in Medicaid
Fredrick P. Niemann, Esq., NJ Medicaid Application Attorney Most people want to avoid nursing home care.  Many people believe that assisted living provides them with something better: choice, control, independence, and safety in a “non-institutional, community-based setting.”  What is not widely known is that the protections for nursing home residents provided by the federal Nursing Home […]
Source: hnlawfirm.com

What Happens If You Die Without a Will?
Fredrick P. Niemann, Esq., a NJ Estate Planning Attorney We all know we are supposed to do estate planning, but not all of us get around to it.  So what happens if you don’t have a will when you die? Your estate will be distributed according to state laws, which may or may not be the […]
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A Call for Stiff Penalties for those who Abuse the Elderly (USA)

Stiff Penalties for those who Abuse the Elderly


Grand Rapids Press Editorial


June 19, 2009

As the population ages, the problem of elder abuse is expected to spread. Stiff penalties for abusers might help keep the problem in check.

The four-month jail term meted out this week in an Ottawa County case of shocking elder abuse has put a spotlight on a largely hidden social problem. While child abuse and domestic violence have rightly been elevated in the public eye, the abuse, neglect and exploitation of the elderly warrants attention as well. That’s especially true as the population nationally and in Michigan grows grayer.

What’s more, the jail term given Ottawa County resident Carol Maneke for leaving her father in squalid living conditions has prompted criticism about whether the punishment fits the crime. Her father, Max Canfield, 87, died in a hospital in 2006, a week after being taken out of a filthy Tallmadge Township duplex. Maneke lived in the adjacent half of the duplex and was her father’s legal guardian. According to relatives and police, he died from malnutrition-related weakness. It’s ironic and disconcerting that Maneke was sentenced on Monday, which was World Elder Abuse Awareness Day.

The authorities got involved in this case after Mr. Canfield’s granddaughter said she was not allowed to see him and became concerned about his welfare. Police and social workers found the decorated World War II veteran lying on a soiled mattress with adult diapers, trash, pop cans and animal feces all around. They had to tape and seal their pant legs before entering the roach-infested duplex.

Maneke’s prosecution on charges of vulnerable adult abuse was delayed in part because she moved to Pennsylvania and authorities had trouble finding her. She could have received up to nine months in jail, according to sentencing guidelines for her conviction on a charge of second-degree vulnerable adult abuse. Police looked at whether Maneke could be charged with some form of homicide but decided the evidence did not support it because Mr. Canfield had other medical issues that may have contributed to his decline.

Nevertheless, the high end of the more modest charge certainly would have sent a stronger message that sub-standard care for the elderly is not acceptable.

Because studies show that the most likely abusers of the elderly are their own family members, it’s a problem that can go unnoticed and unreported. National statistics suggest only one in five cases is reported.

We can all play a role in making Michigan a safe place to grow old by being as vigilant about elder abuse as we are becoming about child abuse and domestic violence. Our senior’s golden years should not be tarnished by abuse, neglect and exploitation. Those who cross the line by abusing the elderly should pay an appropriate price. Our courts should see to that.

Abridged

SOURCE: MLive.com

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Plan for Long Term Care… Now… or Else
Fredrick Niemann, New Jersey Long Term Care Insurance Attorney “According to some sources, 60% of us will need long term care sometime during our lives. It is important for all of us to prepare for that day when we will need to help loved ones with elder care or we will need elder care for ourselves.” “It […]
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Illinois Makes July ‘Elder Abuse Awareness’ Month (IL. USA)

By Associated Press

July 3, 2009

July is Elder Abuse Awareness month in Illinois.

Department on Aging Director Charles Johnson is announcing the fifth annual “Break the Silence” campaign.

An estimated 80,000 older adults suffer abuse each year.

Elder abuse is defined as neglect; physical injury; mental, sexual or financial exploitation of someone 60 or older.

There were more than 11,000 reports of elder abuse in the last year.

Those who suspect abuse should look for untreated injuries, changes in behavior, a caregiver’s refusal to allow visitors, dehydration or malnutrition, or changes in financial accounts.

Trained professional are available around the clock to take reports at 1-866-800-1409.

SOURCE: WQAD – Moline,IL,USA
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When Not to Use a Special Needs Trust
By Fredrick P. Niemann, Esq., NJ Special Needs Trust Attorney Self-Settled Special Needs Trusts are often use when a person with disabilities receives a personal injury settlement, an inheritance, equitable distribution, alimony or child support.  However, in many instances a Self-Settled Special Needs Trust is not appropriate.  A disability lawyer must make an analysis on the […]
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What Elder Abuse? We Do Not Have Them! (International)

By Andrew Chadwick

Yes, this appear to be the stance many politicians are taking. “Don’t you know there is an global financial crisis?”

It is as though a financial crisis just completely “wiped out” child abuse, elder abuse, and other social abhorrences.

My question is simply- Why the various countries have allowed the crisis to occur in the first place?

I may be naïve, but I believe that governments have allowed the “fat cats” to plunge our economies to the present depth of sorrows. There must be lessons learnt, and it is now up to the various governments to do more than bankroll the guilty parties.

Coming back to funding cuts to various social services, especially those that will affect the welfare of the most vulnerable in our society; children and elderly.

As this blog is about Elder Abuse, I will just comment on this issue. The plight of many elderly who had been abused is real. Their pains and trauma do not disappear according to the health of the economy.

We must not allow ourselves to be de-sensitized to the plight of the frail and needy in good times or bad.

One email from a visitor to this site, brought tears to my eyes. In that email, this man outlined how he was systematically conned out of his retirement fund, by none other than his own son. The last line of his email states:

“ I am nearing 78 years, now without any retirement funds……..I have all but lost hope.”

Let us continue to be human. Let us NOT de-humanized the frail and the needy, by forgetting them and deprive them of help and services; even in times of economic downturn.

We now read, on a daily basis, about budget cuts to a range of services. This is happening all over the world.

My Plea:

Let us speak up for the frail and vulnerable in our society. We may be the ones who would need those vital social services in the near future.

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