Date Published: Wednesday, July 16th, 2008
Elderly people who want to avoid nursing homes often employ in-home aids to help meet their day-to-day needs. However, in many cases, the in-home aid industry is unregulated, and advocates for the elderly say that this situation has led to a growing number of cases of elder abuse, neglect or fraud in which home caregivers take advantage of the elderly.
A district attorney in San Diego County, Calif. told The Wall Street Journal that he prosecuted at least 25 home caregivers in the past year, mostly for stealing from elderly clients. Another, from Lake County, Calif., told the Journal that about 80 percent of his office’s 74 prosecutions of elder abuse in the past year involved home aides.
In-home care has been touted as a way to keep older people happier and healthier, and at a lower cost, than they would be in a nursing home. According to The Wall Street Journal, it costs Medicaid program about $6,000 per person per year for home care, versus about $20,000 for care in a nursing home. About 1.6 million people are employed in home care, split about equally between those who provide basic health services, and those who provide housekeeping, cooking and nonmedical help.
According to The Wall Street Journal, in California, Florida, Connecticut and at least 19 other states, nonmedical aides don’t have to be licensed or pass a criminal background check to get a job. In other states where employment agencies are required to do some type of checks, applicants with criminal records can slip through the cracks, some research has found.
Consumers seeking in-home help for an elderly loved should ask an employment agency exactly what a prospective caregiver has been screened for, and require at a minimum a state police criminal background check. Those hiring on their own can also request a background check from state police, and references should always be checked.
Abridged
SOURCE: News Inferno
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More Recent Posts from Spotlight on Elder Abuse
July 16, 2008
Elder Abuse: Largely a Hidden Problem (New Zealand)
Claims of hidden elder abuse
By JANIE SMITH - Central Leader
Wednesday, 16 July 2008
CLOSED: The Belhaven Rest Home, which was closed down last week by the Auckland District Health Board.
Elder abuse is in the national spotlight after the closure of an Epsom resthome, but those working on the frontline say it’s still a largely hidden problem.
The Auckland District Health Board closed Belhaven Rest Home last Friday, after an investigation prompted by a resident being gagged with medical tape.
A 60-year-old resthome worker was arrested and will appear in the Auckland District Court this week, charged with common assault.
Age Concern Auckland’s elder abuse and neglect prevention coordinator Emsie Walters says despite the publicity, elder abuse is a hidden problem.
Ms Walters gets about 38 new referrals relating to elder abuse each year from a range of sources.
"It can be from the victims, family members, neighbours, police, family violence agencies and other professionals."
Abridged
SOURCE: StuffCoNZ
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More Recent Posts from Spotlight on Elder Abuse
By JANIE SMITH - Central Leader
Wednesday, 16 July 2008
CLOSED: The Belhaven Rest Home, which was closed down last week by the Auckland District Health Board.
Elder abuse is in the national spotlight after the closure of an Epsom resthome, but those working on the frontline say it’s still a largely hidden problem.
The Auckland District Health Board closed Belhaven Rest Home last Friday, after an investigation prompted by a resident being gagged with medical tape.
A 60-year-old resthome worker was arrested and will appear in the Auckland District Court this week, charged with common assault.
Age Concern Auckland’s elder abuse and neglect prevention coordinator Emsie Walters says despite the publicity, elder abuse is a hidden problem.
Ms Walters gets about 38 new referrals relating to elder abuse each year from a range of sources.
"It can be from the victims, family members, neighbours, police, family violence agencies and other professionals."
Abridged
SOURCE: StuffCoNZ
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More Recent Posts from Spotlight on Elder Abuse
Elder Abuse: A mental Infirmity Defense (PA. USA)
Attorney: Woman was on horse pain relievers
Frances A. Donahue might raise a mental infirmity defense in charges of abusing her in-law.
By RICK LEE
Daily Record/Sunday News
Article Last Updated: 07/15/2008 07:46:48 AM EDT
Frances Ann Donohue cannot be held accountable for the alleged elder abuse death of her mother-in-law because of her major depression, self-absorption and abuse of "bute," a pain reliever for horses, her attorney said.
Donohue, 61, and her husband, William J. Donohue, 73, both charged with first- and third-degree murder and criminal conspiracy, are scheduled for jury trial beginning Aug. 11 in York County Common Pleas Court.
They are accused of neglecting 87-year-old Bernadette Leiben, William Donohue's mother, to the extent the bed-ridden woman died from multiple infections in May 2004.
The York County District Attorney's Office says the Airville couple murdered Leiben for her estate, which included a share of properties sold in Maryland, her Social Security benefits and the $5,600 in her bank account.
Chief Deputy Prosecutor Timothy Barker said the Donohues removed Leiben from a long-term rehabilitation facility in Maryland in March 2002 "against medical advice" and emptied her checking account.
He said they sequestered the elderly woman in a home they bought in Fawn Township. When emergency personnel responded to the residence after Leiben died, they noted the woman had multiple bedsores, infected ulcerations and maggots in two sores on her right arm.
Attorney Thomas L. Kearney III has filed a "notice of possible mental infirmity defense" on behalf of Frances Donohue.
According to Kearney's filing, between Feb. 24, 2004, and May 20, 2004,
"and thereafter," Frances Donohue was suffering from: "a major depressive episode," "narcissistic personality traits" and "medication abuse" and "as such was incapable of forming the criminal intent for first-degree murder."
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More Recent Posts from Spotlight on Elder Abuse
Frances A. Donahue might raise a mental infirmity defense in charges of abusing her in-law.
By RICK LEE
Daily Record/Sunday News
Article Last Updated: 07/15/2008 07:46:48 AM EDT
Frances Ann Donohue cannot be held accountable for the alleged elder abuse death of her mother-in-law because of her major depression, self-absorption and abuse of "bute," a pain reliever for horses, her attorney said.
Donohue, 61, and her husband, William J. Donohue, 73, both charged with first- and third-degree murder and criminal conspiracy, are scheduled for jury trial beginning Aug. 11 in York County Common Pleas Court.
They are accused of neglecting 87-year-old Bernadette Leiben, William Donohue's mother, to the extent the bed-ridden woman died from multiple infections in May 2004.
The York County District Attorney's Office says the Airville couple murdered Leiben for her estate, which included a share of properties sold in Maryland, her Social Security benefits and the $5,600 in her bank account.
Chief Deputy Prosecutor Timothy Barker said the Donohues removed Leiben from a long-term rehabilitation facility in Maryland in March 2002 "against medical advice" and emptied her checking account.
He said they sequestered the elderly woman in a home they bought in Fawn Township. When emergency personnel responded to the residence after Leiben died, they noted the woman had multiple bedsores, infected ulcerations and maggots in two sores on her right arm.
Attorney Thomas L. Kearney III has filed a "notice of possible mental infirmity defense" on behalf of Frances Donohue.
According to Kearney's filing, between Feb. 24, 2004, and May 20, 2004,
"and thereafter," Frances Donohue was suffering from: "a major depressive episode," "narcissistic personality traits" and "medication abuse" and "as such was incapable of forming the criminal intent for first-degree murder."
The Donohues remain in York County Prison without bail.
The Donohues are scheduled for jury selection in the York County Judicial Center Aug. 11.
Abridged
SOURCE: In York----------------------------------------------------
More Recent Posts from Spotlight on Elder Abuse
July 14, 2008
Elder Care: Time to Evaluate (Canada)
It's time to re-evaluate how we care for elders
Tom Carney, Special To North Shore News
Published: Sunday, July 13, 2008
It's been almost a year since we learned about the abuse of seniors at the Beacon Hill Villa, a Victoria care home for fragile seniors.
Health inspection reports cited more than a dozen abuse and neglect cases in the past five years at the Beacon Hill Villa.
Media coverage of those problems drew more complaints about other care homes, prompting the opposition to call for an independent review of all seniors care facilities in BC. That didn't happen and the issue seemed to fade away.
That all changed last month when the Vancouver Sun got a hold of the inspection reports on seniors facilities for Fraser Health and Vancouver Coastal since 2003. According to those records a total of 23,632 serious incidents have occurred at long term facilities in the region during that time. Reports from Cedarview Lodge, Lynn Valley Lodge, Sunrise of Lynn Valley, Capilano Care Centre, Hollyburn House and the Inglewood Care Centre are featured in the Sun story. All six North Shore care facilities are rated as low risk but readers may be surprised at the number of incidents recorded at those sites. You can access this information yourself at http://www.vancouversun.com/care.
Our record of caring for vulnerable people in institutions in this country is appalling -- so much so that I believe we need to change the model for providing care to those who need our help. We know that one in eight seniors is abused and a new study from Simon Fraser University confirms that the abuse of seniors in institutions is systemic and national in scope.
© North Shore News 2008
Abridged
SOURCE: NorthShore News
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More Recent Posts from Spotlight on Elder Abuse
Tom Carney, Special To North Shore News
Published: Sunday, July 13, 2008
It's been almost a year since we learned about the abuse of seniors at the Beacon Hill Villa, a Victoria care home for fragile seniors.
Health inspection reports cited more than a dozen abuse and neglect cases in the past five years at the Beacon Hill Villa.
Media coverage of those problems drew more complaints about other care homes, prompting the opposition to call for an independent review of all seniors care facilities in BC. That didn't happen and the issue seemed to fade away.
That all changed last month when the Vancouver Sun got a hold of the inspection reports on seniors facilities for Fraser Health and Vancouver Coastal since 2003. According to those records a total of 23,632 serious incidents have occurred at long term facilities in the region during that time. Reports from Cedarview Lodge, Lynn Valley Lodge, Sunrise of Lynn Valley, Capilano Care Centre, Hollyburn House and the Inglewood Care Centre are featured in the Sun story. All six North Shore care facilities are rated as low risk but readers may be surprised at the number of incidents recorded at those sites. You can access this information yourself at http://www.vancouversun.com/care.
Our record of caring for vulnerable people in institutions in this country is appalling -- so much so that I believe we need to change the model for providing care to those who need our help. We know that one in eight seniors is abused and a new study from Simon Fraser University confirms that the abuse of seniors in institutions is systemic and national in scope.
© North Shore News 2008
Abridged
SOURCE: NorthShore News
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More Recent Posts from Spotlight on Elder Abuse
Elder Financial Abuse: Key Elements to Combat Financial Abuse
ELDER FINANCIAL ABUSE - Seven Key Elements to Combat Financial Abuse
Posted on July 10, 2008
Elder financial abuse has existed for as long as elders have owned property and money. This article will discuss seven key elements to identify and combat elder financial abuse, and to recover what was wrongfully taken.
Key # 1: Age
In California, an “elder” is defined as someone 65 years of age or older. Age is an important factor because an “elder” is entitled to the remedies provided under the Elder Abuse and Dependent Adult Civil Protection Act, known as “EADACPA”.
Key # 2: Mental Capacity
Probate Code 811 provides a list of mental categories that a psychologist or medical doctor can use to assess an elder’s mental capacity. When you read this statute, you might think that you’d need a Master’s Degree in order to pass this “test”. It covers such assessments as logical thinking, analytical ability, and memory. However, a poor score in any one category does not warrant a determination that the elder lacks sufficient mental capacity.
Key # 3: Identifying Elder Financial Abuse — Undue Influence
First of all, not all “influence” is undue. A wife of 40 years certainly “influences” her husband, and vice versa. There is nothing inherently wrong with this type of influence.
The type of influence that is “undue” takes place when one person takes advantage of another’s weaker state of mind. There are statutes and numerous cases that provide both definitions and factual backgrounds to illustrate various scenarios when such undue influence was used to manipulate and coerce an elder into unknowingly parting with their property and money.
Key # 4: Combating Elder Financial Abuse — EADACPA
The EADACPA statutes, under the Welfare & Institutions Code, provide nearly every remedy under the sun. Interestingly, EADACPA was enacted to provide an incentive for lawyers to take on elder abuse cases.
Key # 5: Common types of elder financial abuse
Elder abuse occurs in a myriad of ways. Somewhat ironically, the majority of perpetrators are the ones to whom the elder often devoted his/her life to: their children.
Financial powers of attorney are a classic form of financial abuse. Given this document, the “agent” can perform any financial transaction that the elder could, including mortgaging or selling the home and withdrawing money from bank accounts. Placed into the wrong hands, this document can become a “license to steal”.
Key # 6: Civil and Criminal Litigation
Key # 7: Recovery of property & money
Abridged
SOURCE: Legal News Relately
-------------------------------------------------------
More Recent Posts from Spotlight on Elder Abuse
Posted on July 10, 2008
Elder financial abuse has existed for as long as elders have owned property and money. This article will discuss seven key elements to identify and combat elder financial abuse, and to recover what was wrongfully taken.
Key # 1: Age
In California, an “elder” is defined as someone 65 years of age or older. Age is an important factor because an “elder” is entitled to the remedies provided under the Elder Abuse and Dependent Adult Civil Protection Act, known as “EADACPA”.
Key # 2: Mental Capacity
Probate Code 811 provides a list of mental categories that a psychologist or medical doctor can use to assess an elder’s mental capacity. When you read this statute, you might think that you’d need a Master’s Degree in order to pass this “test”. It covers such assessments as logical thinking, analytical ability, and memory. However, a poor score in any one category does not warrant a determination that the elder lacks sufficient mental capacity.
Key # 3: Identifying Elder Financial Abuse — Undue Influence
First of all, not all “influence” is undue. A wife of 40 years certainly “influences” her husband, and vice versa. There is nothing inherently wrong with this type of influence.
The type of influence that is “undue” takes place when one person takes advantage of another’s weaker state of mind. There are statutes and numerous cases that provide both definitions and factual backgrounds to illustrate various scenarios when such undue influence was used to manipulate and coerce an elder into unknowingly parting with their property and money.
Key # 4: Combating Elder Financial Abuse — EADACPA
The EADACPA statutes, under the Welfare & Institutions Code, provide nearly every remedy under the sun. Interestingly, EADACPA was enacted to provide an incentive for lawyers to take on elder abuse cases.
Key # 5: Common types of elder financial abuse
Elder abuse occurs in a myriad of ways. Somewhat ironically, the majority of perpetrators are the ones to whom the elder often devoted his/her life to: their children.
Financial powers of attorney are a classic form of financial abuse. Given this document, the “agent” can perform any financial transaction that the elder could, including mortgaging or selling the home and withdrawing money from bank accounts. Placed into the wrong hands, this document can become a “license to steal”.
Key # 6: Civil and Criminal Litigation
Key # 7: Recovery of property & money
Abridged
SOURCE: Legal News Relately
-------------------------------------------------------
More Recent Posts from Spotlight on Elder Abuse
July 13, 2008
Philosophy on Elder Care Needs Overhaul (Canada)
Philosophy on elderly care needs overhaul: expert
BY CHINTA PUXLEY, THE CANADIAN PRESS
Posted 7 days ago
Ontario should look to the example set by Nordic countries and turn its understaffed, institutional long-term care homes, where residents are more likely to be restrained and medicated, into small community homes where staff have the time to drink coffee with their elderly charges, geriatric experts say.
In the wake of an analysis of nursing home inspection reports by The Canadian Press which found three-quarters of the province's homes are not meeting some of the province's 400 standards, some say it's time to fundamentally rethink how Ontario cares for its vulnerable residents.
The provincial inspection reports, from April 2007 to March of this year, show some long-term care homes have been cited for failing to provide a minimum of two baths a week while other residents didn't own a toothbrush.
The majority of homes in Ontario were cited for violating the specific set of standards that ensure residents are well-fed, clean and free of pain, as well as dictating how homes care for incontinent residents and when they use restraints.
Ontario ombudsman Andre Marin said he is preparing to launch an investigation into whether the governing Liberals are holding homes to account and is calling for people to share their experiences of long-term care homes.
But geriatric expert Christopher Patterson said virtually all societies have been guilty of neglecting their elderly parents and grandparents, a trend his research suggests has not wavered since the Renaissance.
"The 'family' rather than the 'hospital' is the ideal of residential care," she added. "The more generous funding and staffing levels make a difference."
Alan Findlay, spokesman for new Health Minister David Caplan, said the minister wasn't available to comment on how Ontario's long-term care homes compare to other jurisdictions.
York University professor Pat Armstrong, who co-authored a study comparing the Nordic system with several Canadian provinces, including Ontario, said workers in this country laugh when asked if they have a daily coffee with their residents.
Instead, she said they talk about not having time to explain to residents why they have to go back to their room, not being able to sit with residents when they are crying, or not allowing residents to even thoroughly chew their food.
Ontario's health-care system seems permeated by an attitude that if you can't cure people you simply abandon or "warehouse" them, she said.
Abridged
SOURCE: The Whig
---------------------------------------------------
Every society needs to rethink the ways their seniors are treated. Politicians should consider whether they or their loved ones should be treated the same way as those in nursing homes.
---------------------
More Recent Posts from Spotlight on Elder Abuse
BY CHINTA PUXLEY, THE CANADIAN PRESS
Posted 7 days ago
Ontario should look to the example set by Nordic countries and turn its understaffed, institutional long-term care homes, where residents are more likely to be restrained and medicated, into small community homes where staff have the time to drink coffee with their elderly charges, geriatric experts say.
In the wake of an analysis of nursing home inspection reports by The Canadian Press which found three-quarters of the province's homes are not meeting some of the province's 400 standards, some say it's time to fundamentally rethink how Ontario cares for its vulnerable residents.
The provincial inspection reports, from April 2007 to March of this year, show some long-term care homes have been cited for failing to provide a minimum of two baths a week while other residents didn't own a toothbrush.
The majority of homes in Ontario were cited for violating the specific set of standards that ensure residents are well-fed, clean and free of pain, as well as dictating how homes care for incontinent residents and when they use restraints.
Ontario ombudsman Andre Marin said he is preparing to launch an investigation into whether the governing Liberals are holding homes to account and is calling for people to share their experiences of long-term care homes.
But geriatric expert Christopher Patterson said virtually all societies have been guilty of neglecting their elderly parents and grandparents, a trend his research suggests has not wavered since the Renaissance.
"The 'family' rather than the 'hospital' is the ideal of residential care," she added. "The more generous funding and staffing levels make a difference."
Alan Findlay, spokesman for new Health Minister David Caplan, said the minister wasn't available to comment on how Ontario's long-term care homes compare to other jurisdictions.
York University professor Pat Armstrong, who co-authored a study comparing the Nordic system with several Canadian provinces, including Ontario, said workers in this country laugh when asked if they have a daily coffee with their residents.
Instead, she said they talk about not having time to explain to residents why they have to go back to their room, not being able to sit with residents when they are crying, or not allowing residents to even thoroughly chew their food.
Ontario's health-care system seems permeated by an attitude that if you can't cure people you simply abandon or "warehouse" them, she said.
Abridged
SOURCE: The Whig
---------------------------------------------------
Every society needs to rethink the ways their seniors are treated. Politicians should consider whether they or their loved ones should be treated the same way as those in nursing homes.
---------------------
More Recent Posts from Spotlight on Elder Abuse
Guarding Your Estate in the 21st Century (USA)
Where the Looters and the Poachers Stalk Prey: Guarding Your Estate in the 21st Century
By Lou Ann Anderson
July 11, 2008
http://www.estateofdenial.com/
"The 'Greatest Generation' is the greatest generation to exploit." This quote by Chayo Reyes, a retired LAPD Specialist in Elder Fraud, from a new DVD entitled Saving Our Parents appropriately depicts increasing yet often unreported activities targeting today's elderly and their families. The assets of older Americans are being looted via actions in which probate instruments such as powers of attorney, wills, trusts or guardianships are used to gain control of property. These actions evolve into an Involuntary Redistribution of Assets (IRA) as ultimate financial resource distribution becomes contrary to the asset owner's intentions.
Family members are sometimes IRA perpetrators, but non-family individuals can come into an older person's life with equally damaging results. It can be a pre-meditated effort or an "opportunity knocks" act. And don't ever think the elderly don't exploit each other! A senior woman with no money, an inflated sense of entitlement and a life expectancy of another 10+ years can easily become a financial predator. The exploited elderly person may not understand (or live to see) the actual IRA action instead leaving honest, responsible people in the target's life to deal with the aftermath and even become secondary targets – especially if they are heirs/beneficiaries for whom assets are rightfully designated and/or are obstacles to an IRA practitioner's ultimate success. Expensive, prolonged legal entanglements as well as intimidation and harassment are common tools used to pressure heirs/beneficiaries to cede rights of inheritance if outright looting is not easily accomplishable.
Because the pool of those willing to exploit the elderly is endless, it is important to be aware of places and venues where today's predators search for potential victims. The list might be surprising, but remember: the guise of community respectability, professional credibility, even enhanced morality or religiosity can be important entry points into the life of a predator's next mark. With that, here is our list of where the looters and the poachers stalk prey:
Many thanks to Lou Ann for yet another insightful article on this issue.
----------------------------------------------------
More Recent Posts from Spotlight on Elder Abuse
By Lou Ann Anderson
July 11, 2008
http://www.estateofdenial.com/
"The 'Greatest Generation' is the greatest generation to exploit." This quote by Chayo Reyes, a retired LAPD Specialist in Elder Fraud, from a new DVD entitled Saving Our Parents appropriately depicts increasing yet often unreported activities targeting today's elderly and their families. The assets of older Americans are being looted via actions in which probate instruments such as powers of attorney, wills, trusts or guardianships are used to gain control of property. These actions evolve into an Involuntary Redistribution of Assets (IRA) as ultimate financial resource distribution becomes contrary to the asset owner's intentions.
Family members are sometimes IRA perpetrators, but non-family individuals can come into an older person's life with equally damaging results. It can be a pre-meditated effort or an "opportunity knocks" act. And don't ever think the elderly don't exploit each other! A senior woman with no money, an inflated sense of entitlement and a life expectancy of another 10+ years can easily become a financial predator. The exploited elderly person may not understand (or live to see) the actual IRA action instead leaving honest, responsible people in the target's life to deal with the aftermath and even become secondary targets – especially if they are heirs/beneficiaries for whom assets are rightfully designated and/or are obstacles to an IRA practitioner's ultimate success. Expensive, prolonged legal entanglements as well as intimidation and harassment are common tools used to pressure heirs/beneficiaries to cede rights of inheritance if outright looting is not easily accomplishable.
Because the pool of those willing to exploit the elderly is endless, it is important to be aware of places and venues where today's predators search for potential victims. The list might be surprising, but remember: the guise of community respectability, professional credibility, even enhanced morality or religiosity can be important entry points into the life of a predator's next mark. With that, here is our list of where the looters and the poachers stalk prey:
- Senior centers
- Government-sponsored lectures (especially through departments/agencies specializing in eldercare, aging)
- Civic groups (Kiwanis, Rotary, etc.)
- Churches, synagogues
- Retirement communities, homeowners' associations
- Support groups (church-sponsored and otherwise)
- Medical facilities, nursing homes, assisted living facilities
- Estate planning seminars, sales presentations (beware "free food" ploys)
- Consultations with "professionals" (lawyers, caregivers, accountants, social workers, etc.)
- Any places that cater to an older clientele (gyms, dance clubs, libraries, restaurants, etc.)
Anecdotal evidence tells of probate judges attending meetings at senior centers and other community venues ostensibly providing seniors with "prepare now for future needs" information. A forum apparently frequented by individuals with Connecticut probate experience depicts a system in which public officials troll for prospective cases to meet the challenge of operating in a state with numerous probate courts constantly vying for justification of their court's existence. And though Connecticut residents may experience more visible aggression in these pursuits, similar reports are heard across the country.
Meetings sponsored by anyone - government agencies, churches, civic groups, support groups, whoever – can be beneficial for those looking to poach property of the unsuspecting. An IRA practitioner might be the featured speaker or he/she might be in the audience looking to "befriend" unsuspecting marks. Gatherings put on by seemingly respectable organizations can be viewed as safe havens fostering greater trust and openness to those with whom personal contact is made – a point well known to poachers-on-the-prowl. Support groups can be especially rich in potential targets as the group's commonality (grief, caregivers, divorce, etc.) may increase their emotionalism and vulnerability – another point not lost on IRA stalkers.
A 2005 Los Angeles Times series entitled Guardians for Profit said "Conservators find clients by sponsoring breakfasts at senior centers and networking at legal luncheons. Nursing homes call when residents become too addled to pay the rent, wanting a conservator to write checks for them. Hospitals call when patients have outlasted their insurance, hoping that a conservator will move them somewhere else." Conservators, also known as guardians, use probate procedures to gain control over an individual's personal liberty and property. Though the Times articles focus on California, these cases are not uncommon elsewhere.
Stories regarding Involuntary Redistribution of Assets (IRA) cases within Florida's probate system were detailed by the St. Petersburg Times in a 1994 Pulitzer prize-winning series called Final Indignities. And though published nearly 15 years ago, the same stories are heard today – from Florida and most every other state.
IRA predators are a fact of today's life. Due to the wealth transfer getting ready to occur in the next 20 or so years, Involuntary Redistribution of Assets actions will likely skyrocket. People think proper estate planning will protect them – wrong! People think they don't have enough assets to be a target – wrong!! There is no inoculation from the threat of IRA. There is no avoidance of being a potential target. This information is not offered as a broad-based indictment of all organizations and entities, but awareness should exist on the part of those hosting and attending community events. Knowledge of today's predatory landscape and recognition of the places haunted by asset looters and property poachers will provide an upper hand. And as forewarned is forearmed - stay alert!
Lou Ann Anderson is producer of The Lynn Woolley Show, a Texas-based talk radio program. She also is an advocate working to create awareness regarding the Texas probate system and its surrounding culture. Lou Ann may be contacted at info@EstateofDenial.com.
---------------------------------------------------Many thanks to Lou Ann for yet another insightful article on this issue.
----------------------------------------------------
More Recent Posts from Spotlight on Elder Abuse
July 12, 2008
Nursing Home Deaths to be Investigated (NSW Australia)
Police not told of nursing home deaths
By Alexandra Smith and Les Kennedy
July 12, 2008
THE deaths of 10 elderly people in three weeks at a Blue Mountains nursing home last month were not reported to police or the State Coroner's special investigations unit, NSW police said last night.
It was incumbent on any medical practitioner treating patients at a nursing home to report a death, police said, if there were any other deaths that might be related.
"We have checked with the crime manager for the Blue Mountains Command and he has checked their records for the past month and there are no reported deaths to police from any nursing home … at Springwood," a police spokesman said last night.
Police are expected to begin an investigation today into a report by the Health Department, which broke the news of 10 deaths at Endeavour Nursing Home, Springwood.
The department played down suggestions the deaths were caused by gastroenteritis but said it would investigate again.
The NSW Food Authority inspected the home and found no obvious breach of protocols, the statement said. NSW Health said a panel had been convened to help the investigation. The nursing home had appointed an officer to monitor staff and food handling.
The NSW Combined Pensioners and Superannuants Association last night called for an investigation by the State Coroner.
The association's policy co-ordinator, Paul Versteege, said NSW Health and the federal Minister for Ageing needed to explain how it could be presumed that the 10 deaths had nothing to do with bacterial infection after bacteria was detected in residents after two gastroenteritis outbreaks.
Abridged
SOURCE: SMH News
---------------------------------------------------
More Recent Posts from Spotlight on Elder Abuse
By Alexandra Smith and Les Kennedy
July 12, 2008
THE deaths of 10 elderly people in three weeks at a Blue Mountains nursing home last month were not reported to police or the State Coroner's special investigations unit, NSW police said last night.
It was incumbent on any medical practitioner treating patients at a nursing home to report a death, police said, if there were any other deaths that might be related.
"We have checked with the crime manager for the Blue Mountains Command and he has checked their records for the past month and there are no reported deaths to police from any nursing home … at Springwood," a police spokesman said last night.
Police are expected to begin an investigation today into a report by the Health Department, which broke the news of 10 deaths at Endeavour Nursing Home, Springwood.
The department played down suggestions the deaths were caused by gastroenteritis but said it would investigate again.
The NSW Food Authority inspected the home and found no obvious breach of protocols, the statement said. NSW Health said a panel had been convened to help the investigation. The nursing home had appointed an officer to monitor staff and food handling.
The NSW Combined Pensioners and Superannuants Association last night called for an investigation by the State Coroner.
The association's policy co-ordinator, Paul Versteege, said NSW Health and the federal Minister for Ageing needed to explain how it could be presumed that the 10 deaths had nothing to do with bacterial infection after bacteria was detected in residents after two gastroenteritis outbreaks.
Abridged
SOURCE: SMH News
---------------------------------------------------
More Recent Posts from Spotlight on Elder Abuse
Financial Elder Abuse and Scam: Watsonville Woman Under Investigation
Watsonville woman suspected in $66K elder abuse scheme, separate loan refinancing scam
By Jennifer Squires - Sentinel Staff Writer
Article Launched: 07/12/2008 01:32:13 AM PDT
A Watsonville woman under investigation in Monterey County for allegedly duping dozens of defaulting homeowners out of thousands of dollars has been jailed in Santa Cruz County for unrelated grand theft charges.
Melissa Dawn Garcia, 27, has pleaded not guilty to one count of elder financial abuse and one count of forgery in Santa Cruz County Superior Court.
Garcia, whose profession was listed as "loan officer" in the County Jail log, allegedly convinced a 76-year-old Salinas woman to invest tens of thousands of dollars through Garcia, according to prosecutor Bill Atkinson.
In a separate investigation in Monterey County, Garcia is suspected of targeting Salinas Valley residents in danger of losing their homes to foreclosure, Gonzales police said last month. They allege she took thousands of dollars from more than 40 victims in a bogus refinancing scam by telling them she could get them new home loans on more favorable terms, according to police. She asked the hand over $2,500 to $2,800 in "good faith" money, police said.
In court Friday, Garcia's attorney asked Judge Jeff Almquist to release her again. The request was denied and Garcia is being held in County Jail on $150,000 bail. She returns to court in early August for a preliminary hearing.
She faces four years in state prison.
Abridged
SOURCE: Mercury News
-----------------------------------------------------
More Recent Posts from Spotlight on Elder Abuse
By Jennifer Squires - Sentinel Staff Writer
Article Launched: 07/12/2008 01:32:13 AM PDT
A Watsonville woman under investigation in Monterey County for allegedly duping dozens of defaulting homeowners out of thousands of dollars has been jailed in Santa Cruz County for unrelated grand theft charges.
Melissa Dawn Garcia, 27, has pleaded not guilty to one count of elder financial abuse and one count of forgery in Santa Cruz County Superior Court.
Garcia, whose profession was listed as "loan officer" in the County Jail log, allegedly convinced a 76-year-old Salinas woman to invest tens of thousands of dollars through Garcia, according to prosecutor Bill Atkinson.
In a separate investigation in Monterey County, Garcia is suspected of targeting Salinas Valley residents in danger of losing their homes to foreclosure, Gonzales police said last month. They allege she took thousands of dollars from more than 40 victims in a bogus refinancing scam by telling them she could get them new home loans on more favorable terms, according to police. She asked the hand over $2,500 to $2,800 in "good faith" money, police said.
In court Friday, Garcia's attorney asked Judge Jeff Almquist to release her again. The request was denied and Garcia is being held in County Jail on $150,000 bail. She returns to court in early August for a preliminary hearing.
She faces four years in state prison.
Abridged
SOURCE: Mercury News
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Senior Protection Bill Now Law (Ca. USA)
Published: Last Updated Thursday, July 10, 2008 10:30 PM PDT
A bill that sailed through the state Senate and Assembly that will protect seniors from financial abuse has been signed into law by Gov. Arnold Schwarzenegger.
The legislation, SB 1164, authored by state Sen. Jack Scott, gives investigative auditors of the Department of Justice the power to serve search warrants on financial institutions, Internet service providers and telecommunication companies to help expedite investigations of elder financial abuse, he said.
“The California Department of Justice estimates thousands of seniors are the victims of financial abuse every year, and the problem threatens to grow worse as the graying population increases,” Scott said in a statement. “With this bill, we’re moving one step closer to putting these con artists out of business.”
Current law warrants that justice department investigators must be accompanied by special agents if they suspect fraud has been perpetrated against a senior citizen. Scott’s legislation would eliminate the duplicative effort, “speed up the process and save an estimated $80,000 annually,” his office said.
The bill’s passage was never in doubt, from introduction in March to Schwarzenegger’s signing on July 8. It was unanimously passed by the Assembly on June 26 and the Senate on April 17.
SB 1164 will go into effect on Jan. 1
SOURCE: Glendale Newspress
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More Recent Posts from Spotlight on Elder Abuse
A bill that sailed through the state Senate and Assembly that will protect seniors from financial abuse has been signed into law by Gov. Arnold Schwarzenegger.
The legislation, SB 1164, authored by state Sen. Jack Scott, gives investigative auditors of the Department of Justice the power to serve search warrants on financial institutions, Internet service providers and telecommunication companies to help expedite investigations of elder financial abuse, he said.
“The California Department of Justice estimates thousands of seniors are the victims of financial abuse every year, and the problem threatens to grow worse as the graying population increases,” Scott said in a statement. “With this bill, we’re moving one step closer to putting these con artists out of business.”
Current law warrants that justice department investigators must be accompanied by special agents if they suspect fraud has been perpetrated against a senior citizen. Scott’s legislation would eliminate the duplicative effort, “speed up the process and save an estimated $80,000 annually,” his office said.
The bill’s passage was never in doubt, from introduction in March to Schwarzenegger’s signing on July 8. It was unanimously passed by the Assembly on June 26 and the Senate on April 17.
SB 1164 will go into effect on Jan. 1
SOURCE: Glendale Newspress
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