Plan for Long Term Care… Now… or Else

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 […]
Source: hnlawfirm.com

Elderly Not Protected From financial Abuse (IRELAND)

June 27, 2009

By FIONA GARTLAND

THE DEPARTMENT of Finance has failed to “step up to the plate” to protect older people from financial abuse, a conference on elder abuse was told yesterday.

The chairman of the Government’s Elder Abuse National Implementation Group, Professor Des O’Neill, said the group was very disappointed the department had refused to become part of the team set up to address financial abuse of the elderly.

Mr O’Neill was speaking at Protecting Older Adults: Interweaving Responses to Elder Abuse , a conference organised by Age Action Ireland in Dublin.

Elder abuse can take many forms including physical, financial, psychological, material or sexual.

The conference heard the number of cases of elder abuse reported to the HSE is about 1,800 a year, but in reality was likely to be between 14,000 and 23,000, based on studies in other countries. The majority of abuse occurs in the family environment, with 16 per cent of people experiencing financial abuse, both by friends and family and by financial institutions.

Cases discussed included one of an 83-year-old woman who was sold a €30,000, five-year investment bond and died before it matured.

Mr O’Neill said his group’s role was to oversee the implementation of the Government’s Protecting Our Future report, which was published in 2002.

Since then, there had been no significant moves to provide training on elder abuse, or for the detection, assessment and management of elder abuse, he said.

Law Reform Commissioner Patricia Rickard-Clarke said mechanisms put in place to protect older people including the Enduring Power of Attorney, were being abused.

“Elderly people’s assets are put into joint accounts for the convenience of the older person and then the attorney goes into the bank and starts withdrawing cash for their own benefit,” she said.

Banks needed to ask questions when an elderly person presented to open a joint bank account including, why they were opening it, and what they intended to happen to it after their death, Ms Rickard-Clarke said.

Launching the conference, Minister for Older People Áine Brady said she would call on the financial institutions to discuss how best to protect older people against financial abuse.

A spokesman for the Department of Finance declined to comment on why the department had refused to become part of a team set up to address financial abuse of the elderly.

Abridged
SOURCE: Irish Times – Dublin,Ireland
——————————————————

Click for Updates, More Cases and Resources
Search Right Col/Labels for More Posts/Resources


Source: feedproxy.google.com

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
—————————————————–

Click for Updates, More Cases and Resources
Search Right Col/Labels for More Posts/Resources


Source: feedproxy.google.com

Panel Focuses on the Dangers of Elder Abuse (CA. USA)

Panel focuses on the dangers of elder abuse

By Michelle Knight

knight@theacorn.com

Esperanza Boggs, 89, lost everything after her son, David Boggs, 51, set fire to their Camarillo home and killed himself on June 11.

Described by his mother as armed and dangerous, David Boggs had been under investigation for alleged elder abuse, accused of holding his mother a virtual hostage for years in their home and embezzling $211,000 from her.

He set the home ablaze shortly after Ventura County deputies arrived at the mobile home to serve him with court papers to move out.

Esperanza Boggs’ story, although more extreme than most, is familiar to social workers who deal with the increasing problem of elder abuse in Ventura County.

To help protect the county’s growing senior population, a panel of experts recently addressed how the elderly can protect themselves from abuse, financial and otherwise, during a discussion at the Goebel Senior Center in Thousand Oaks.

Marcy Snider, coordinator of Ventura County Human Services Agency’s adult protective services, said her agency received 2,100 referrals of elder abuse last year.

“This year, we’ll easily surpass that,” Snider said.

Social workers with adult protective services investigate neglect or abuse and connect elderly victims to resources in the community. The statemandated program is voluntary, free of charge and available to those 65 and older.

Many referrals to the agency involve caregivers not taking proper care of their elderly charges, Snider said. But financial abuse of seniors has become the No. 1 complaint in the past four months, she said.

Snider described an elderly woman in the East County who was lonely and befriended by a salesperson over the phone. Eventually the salesperson scammed her out of $50,000. Scam artists have duped money from retired teachers, lawyers and other well-educated professionals.

Family members and friends have also taken advantage of the elderly, Snider said. Caregivers have bought groceries for the senior but also for themselves and have filled up their gasoline tank on the senior’s credit card. The elderly person may have poor eyesight and not notice the extra charges on the statement. A friend or family member may steal blank checks from the bottom of the senior’s checkbook so they won’t be missed right away.

To report elder or dependent adult abuse, call the 24-hour hotline at (805) 654-3200.

To talk to Pollara, call (805) 654-2505.

Abridged

SOURCE: Camarillo Acorn – Camarillo,CA,USA

—————————————————-
Please go to SOURCE for more information and helpful tips.
———————————————————————–

Click for Updates, More Cases and Resources
Search Right Col/Labels for More Posts/Resources


Source: feedproxy.google.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 […]
Source: hnlawfirm.com

How Banks, Marketers Aid Elder Scams (

July 1, 2009

Two weeks ago, I wrote about how difficult it was for our family to stop con artists from scamming an elderly relative who was convinced that he was on the verge of winning big lottery and sweepstakes prizes.

Digging into our family’s experience yielded another surprise: Some common business practices may have actually helped the scams continue, such as the sale of direct marketing lists and banks’ moves to automatically cover overdrafts—an issue that President Barack Obama has flagged for attention under his proposed Consumer Financial Protection Agency.

When our relative began to fall behind on bills, he agreed to give power of attorney to a son, who started paying the mortgage and other big bills, as well as reducing the amount available in his dad’s checking account. What the son didn’t count on was that the bank would automatically cover up to several hundred dollars a month of his father’s overdrafts, which essentially gave him more money to send to scammers. In addition, he was charged $33 for every overdraft—running up hundreds of dollars in fees. When the son called Sovereign Bank, his father’s longtime bank, he was told that the protection was standard and that he couldn’t turn it off.

Steven Mantelli, Sovereign’s senior vice president for retail banking, says the bank provides overdraft protection “on a courtesy basis” for customers, and it isn’t typically shut off. But in isolated situations, he says, the bank will stop it.

Abridged
SOURCE: Wall Street Journal – USA
—————————————————-
An interesting article. Please go to SOURCE for full-text.
—————————————————-

Click for Updates, More Cases and Resources
Search Right Col/Labels for More Posts/Resources


Source: feedproxy.google.com

Carer Guilty of Elderly Patients Assaults (UK)

by Tom Rowley

July 01, 2009

A SENIOR carer brushed an excrement-smeared nail brush across the mouth of a care home resident.

Linda Platt also pushed another dementia sufferer, Tameside Magistrates heard.

She left court in tears after being found guilty of two counts of common assault against two residents in their 80s at Heritage House nursing home in Stalybridge. She denied the charges.

The court was told the excrement incident happened in the early hours of 30 November after one of the elderly residents had soiled her bed.

Under cross-examination from defence solicitor Richard Birtwistle, Ms Platt, 59 – who had worked as a carer for 25 years and joined Heritage House in October 2007 – told Tameside Magistrates Court: “She was screaming in her bed. She did not like her hands being touched or let anyone near her nails. I tried to talk to her and reassure her and explain in detail that her nails were dirty and demonstrate what I was going to do.”

She denied that the nailbrush had made contact with the resident’s lips. She admitted she had called her a ‘dirty girl”’ but this was not said aggressively.

But prosecutor Kirstin Beswick said Platt’s workmate Janet Judge was stood beside her and had a clear view of the incident. Ms Platt said her colleague must have ‘misinterpreted’ her actions.

Another workmate, Hazel Tetlow, complained that one week later Platt ‘manhandled’ another resident in a corridor at the home. Platt, of Warrington Street, Stalybridge, had denied she had pushed the resident.

Chairwoman of the bench, Hilary Healey, told Platt that magistrates found the evidence against her credible and cogent.

“We believe that the brush did rub against the patient’s lips but you did not ram or shove it in.”

Mr Birtwistle said Platt was on medication for depression and anxiety. Magistrates extended unconditional bail until a probation report is ready at the court on 20 July.

Platt declined to comment after leaving the court in tears.

A spokeswoman for the home said: “The health and safety of our residents is paramount and our stringent whistle blowing policies and procedures brought these matters to light. We welcome the verdict of the court, which sends out the message that the abuse of vulnerable elderly people will not be tolerated.”

SOURCE: Tameside Advertiser, UK
—————————————————

Click for Updates, More Cases and Resources
Search Right Col/Labels for More Posts/Resources


Source: feedproxy.google.com

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

——————————————————

Click for Updates, More Cases and Resources
Search Right Col/Labels for More Posts/Resources


Source: feedproxy.google.com

Plan to Crack Down on Elder Abuse (MI. USA)

By ALEX DOTY
Sentinel-Standard writer

June 29, 2009

With baby boomers aging and more of the population entering their golden years, local lawmakers are doing their part to ensure that senior citizens don’t end up being victimized by those preying on the elderly community.

Rep. Mike Huckleberry, D-Greenville, called elder abuse a concern for residents of Michigan.

“(Elder abuse) often gets swept under the rug here in Michigan,” Rep. Mike Huckleberry, D-Greenville, said during the unveiling of the plan Monday afternoon.

Under a new plan backed by Huckleberry and recently introduced into the state legislature, there would be increased penalties for cheating or defrauding seniors, citizens would be empowered to file criminal complaints against those who scam seniors and they would require financial institutions to do more to disclose the rights of seniors and disclose against fraud.

“The penalties and protections on the books when it comes to elder abuse are not strict enough,” Rep. Mary Valentine, D-Norton Shores, said.

Valentine, who was in Ionia along with Huckleberry to announce the plan, knows all too well the affects of elder abuse on its victims and families.

“This is a topic that is near and dear to my heart,” she said, adding at one time her uncle had fallen victim to financial abuse.

In especially hard economic times, Valentine also said financial elder abuse can hit close to home, especially when some family members might prey on unsuspecting seniors as a means for financial well-being.

In addition to providing protection against fraud and scams against senior citizens, the plan would also create a special community alert in the event of a senior going missing.

Called the Mozelle Alert, it would be a way to notify the public in case a senior citizen goes missing.

It was named after Detroit resident Estella Mozelle Pierce who died after wandering from her home, would be similar to an Amber Alert.

Additionally, with many at the state level doing what it takes to improve the economy by releasing certain offenders from prison, legislators don’t see the elder abuse crackdown as something that will put people back in jail.

“This is stopping people from going to jail,” Huckleberry said, adding the plan would be a deterrent aimed at preventing abuse.

He also called the jail space well deserved for those who do happen to be abusing senior citizens.

“If someone is abusing a senior, they belong in jail,” Huckleberry said.

According to Huckleberry, now that the legislation has been introduced, it is anticipated that it will be further hammered out in various committees before any future legislative action is taken.

“I think we have a good chance of this going through,” he said.

Rep. Brian Calley, R-Portland, said although he hasn’t had the chance to look over the proposal, he believes with people living longer these topics deserve a more thorough look in order to better protect senior citizens.

SOURCE: Sentinel-Standard – Ionia,MI,USA

—————————————————–

Click for Updates, More Cases and Resources
Search Right Col/Labels for More Posts/Resources


Source: feedproxy.google.com

Filed under Uncategorized · Tagged with

Comments are closed.