Articles Posted in Elder Abuse

aidan-bartos-313782-copy-300x200Senators Susan Collins (R-ME) and Amy Klobuchar (D-MN) sponsored Senate Bill 81, the Seniors Fraud Prevention Act of 2017. Both senators have spoken out about the need to protect seniors from fraud and scams. From Internet fraud to charity scams and Ponzi schemes, elderly citizens are often targeted. The intention of the Seniors Fraud Prevention Act would require the Federal Trade Commission (FTC) to coordinate with other agencies to best monitor for fraud schemes and to distribute information to seniors and their families about how to recognize and report scams.

Seniors Fraud Prevention Act Passes Senate

Without any objection or amendment, the Seniors Fraud Prevention Act passed the Senate on August 2. It was then referred to the House Committee on Energy and Commerce. The companion House Resolution 444, sponsored by Rep. Deutch (D-FL), remains with the House Subcommittee on Digital Commerce and Consumer Protection. It is now up to the House of Representatives to review the bill and determine whether it moves forward and whether it moves toward becoming law as is or with adjustments,

parker-byrd-139348-copy-300x200A new website, Choose Well, is trying to help families in San Diego find safe and quality nursing homes for their loved ones. After seniors lost their lives in negligent assisted-living facilities and a San Diego Union-Tribune investigation uncovered a significant amount of neglect and abuse in area nursing homes, San Diego County decided it was time to do something. This website is the city’s attempt to be more proactive about protecting seniors and helping their families make difficult choices like putting their elderly loved ones into nursing homes.   

San Diego Union-Tribune Investigation

In 2013, an in-depth investigation by San Diego Union-Tribune found that at least 27 seniors had died in San Diego County facilities due to neglect in a five-year period. The investigation found substandard care, neglect, and abuse ran rampant because of poor state oversight and little-to-no public transparency. When residents die due to neglect or abuse, facilities might face an investigation and a minimal fine. However, in many cases, state authorities never investigated. In fact, the Union-Tribune found that in the five-year period, complaints of poor care rose 13%, yet the number of state penalties declined 30%.

milind-kaduskar-87650-copy-300x300Certain areas of the U.S., particularly the west coast and southwest, are known for their high temperatures. Temperatures can stay in the 90s and 100s for weeks or months at a time. Unfortunately, this excessive heat has already led to fatalities this year. Santa Clara County officials confirmed in June that two elderly residents passed away due to hyperthermia, which is the condition of the body’s internal temperature becoming too high and the body being unable to cool itself down.

Elderly individuals, meaning those over the age of 60, are particularly vulnerable to heat-related illnesses and death. As summer fully sets in and California experiences very high temperatures, it is crucial that individuals and facilities take extra precautions to protect seniors from the heat.

Elderly are Particularly Vulnerable to Heat-Related Illnesses and Death

p_pnznnd7-y-ashim-d-silva-300x200In July, Gary Lee Potts, 62, was arrested for his part in the 2014 death of Mauricio Edgar Cardenas, 65, who was an elderly nursing home resident with dementia at The Manse on Marsh. Potts, the owner of the facility, and another former facility administrator, Christopher E. Skiff, have been accused of elder and dependent abuse and involuntary manslaughter based on the care they and their facility failed to give to the elderly man.

If you believe your elderly loved one is not receiving the care he or she is entitled to at a nursing home, or you think that negligent care caused your relative’s death, contact our San Francisco elder neglect and abuse attorneys at Brod Law Firm right away. It can be difficult to investigate nursing home care. However, we are well-versed in these matters and will fight to get to the bottom of what has happened to your loved one.

Nursing Home Owner and Employee Charged With Manslaughter

christian-langballe-78684-copy-300x200The day may come when you have to help your elderly parents move into a nursing home. You may have struggled against this decision for quite some time, or your mom or dad may have resisted the idea of losing his or her independence. However, at a certain point, it becomes clear a professional health care facility is the best place for your elderly loved ones to receive the medical care and attention he or she truly needs. As a child, grandchild, or close friend, you can do a great deal to help your loved one make this difficult transition.

Ways to Help Your Loved One Transition to a Nursing Home

If your elderly loved one has made the decision to move into a nursing home or you have had to make this decision on his or her behalf, take these steps to try and smooth the transition:

fabian-blank-78637-copy-300x200The California Department of Business Oversight (CDBO) had disturbing news. The CDBO released a report in May on California’s Deferred Deposit Transaction Law, which showed senior citizens, those older than 62, took out more deferred deposit loans than any other age group. In fact, 23.4% of those over 62 relied on these “cash advance” or “payday” loans in 2016. These are short-term loans during which an individual borrows a small amount of cash, which they then have to pay back with a very high interest rate. There are usually lending fees involved too.

This is just one example of how elderly individuals are often put in financially precarious situations and can easily be taken advantage of by lenders and individuals.

Payday Loans Have Extremely High Interest

freestocks-org-126848-copy-300x200Whether or not a terminally ill individual should have the right to decide when he or she dies is a vehemently contested issue. Throughout most of the U.S., physician-assisted suicide is illegal. If it goes on, it is not talked about or done within the eyes of the law. Only six states have some form of legalized physician-assisted suicide, including Colorado, Oregon, Washington, Vermont, California, and the District of Columbia. However, California’s current law is up for debate with a new legal challenge.

California’s Current Law

California’s current physician-assisted suicide law is known as the End of Life Option Act and went into effect in June of 2016. The law enables qualified, terminally ill individuals to ask for and obtain medications that would result in death when they chose to administer them. The law is entirely voluntary for both patients and physicians, and there are safeguards in place to ensure it is not abused.

tim-evans-88330-copy-300x200The First District Court of Appeal in California found the state’s Elder Abuse and Dependent Adult Civil Protection Act should be interpreted broadly. In Mahan v. Charles E. Chan Insurance Agency, Inc., the court determined that the Act covers claims arising from bad faith insurance sales practices. Despite the elderly plaintiffs not paying for the insurance policy directly, the court determined that they suffered a unique injury. This decision is likely to be important down the road as more financial elder abuse claims come to light, and individuals and their loved ones strive to protect their interests and punish those who attempt to take advantage. If you believe this decision may affect your civil claim regarding financial elder abuse, contact an experienced San Francisco elder neglect and abuse attorney from Brod Law Firm today.

Mahan v. Charles E. Chan Insurance Agency, Inc.

In the 1990s, Fred and Martha purchased life insurance policies that were held in a revocable living trust for the benefit of their kids. The trust was self-sustaining so that it could continue to pay the insurance policies’ premiums without the couple paying more money into the trust themselves. In 2013, when Fred was suffering from cognitive decline and confusion, and Martha had been diagnosed with Alzheimer’s disease, the defendants altered the couple’s policies through unfair practices.

christian-langballe-78684-copy-300x200There may come a time when you have to put mom or dad, or grandma or grandpa, into a care facility. It is never your first choice, yet it is often the best one. Your elderly loved ones may need more physical support, supervision, and medical care than you are capable of giving them. By letting your loved one continue to live at home or with you, you are actually doing him or her a disservice and increasing the risk of negative health effects or early death. However, there are a number of practical questions that arise after you have decided a facility is best for your loved one, including:

  • What are his or her needs?
  • What care facilities are available and how do they differ?

mark-rabe-240392-copy-300x200Cheryl and Eric Mills were arrested for kidnapping and elder abuse after suddenly removing an elderly relative from a care facility without permission. Police found the Mills and the elderly individual 90 miles away from the care home in Stockton. The 88-year-old victim was not harmed during the incident, but the individual has continuous health concerns and is unable to give consent, according to a detective on the case. Neither of the Mills had permission to remove the individual from the facility and did not have the capability to care for the elderly person as was necessary.

Civil Liability for Elder Abuse

When an elderly individual is abused by a relative, caretaker, or other person and suffers physical, psychological, or financial injuries, he or she has the right to pursue compensation through a personal injury claim. Any person who harms an elderly person can be held civilly liable in court for the economic and non-economic damages associated with the abuse. For instance, if the Mills had harmed their elderly relative during this incident, the individual would have had a cause of action against them.