Q: How do I know if my family member or has been the victim of nursing home neglect or elder abuse?

A: It is understandable that you would not want to believe that your loved one could be a victim of nursing home elder abuse or neglect.  Some of the signs of injury are very obvious, such as malnourishment, bedsores, a rapid decline in overall health and functioning, but others are not.  We can help you better understand what questions to ask can help you know for sure. 

A: There is no charge for our consultation until we have accepted your case, and no obligation for you to retain our services.  We will first ask you to share your experience with us, including details that lead you to believe that there might be an elder abuse or neglect claim.  We may have an outside expert review your case and all available records.  After this initial review is complete, we will formally let you know whether or not we will take the case. 

A: Our primary goal would be to seek a positive outcome for your case and hold any injurious parties accountable for their actions.  Unfortunately, criminal prosecution of nursing homes is rare, even in severe cases.  The Department of Public Health investigates complaints, but generally imposes fines that are insignificant to the large corporations that own and operate most nursing homes in California.  The most effective way to change the behavior of large, corporately-run nursing homes and healthcare providers is via civil litigation and significant financial recoveries.

A: Our advice is to select a firm that specializes in elder abuse and nursing home litigation, as large corporate care facilities retain attorneys that are experienced in defending these suits.  Our boutique firm is selective about the cases we accept and will be sure to devote sufficient resources to carefully handle your matter and are specialists in elder and nursing home abuse, neglect and wrongful death cases. 

A: Being an active participant in your loved one’s care and well-being is best.  We encourage you to involve yourself in his or her care as often as possible, getting to know the facility staff and being available for information and decisions.  If you suspect a case of abuse or neglect, please call us at (510) 920-3000.  Additional information and resources are available below.

Here is some additional information from the State Bar of California:

Q: What is elder abuse?

A: It is the neglect, exploitation or “painful or harmful” mistreatment of anyone who is 65 or older (or anyone aged 18 to 64 who falls under the legal definition of a “dependent” adult). It can involve physical violence, psychological abuse, isolation, abandonment, abduction, false imprisonment or a caregiver’s neglect. It could also involve the unlawful taking of a senior’s money or property. In short, elder abuse involves various crimes, such as theft, assault or identity theft, that strike victims of all ages. But when the victim is 65 years old or older (or a dependent adult), the criminal could face stiffer penalties.

Q: What should I do if I am being abused or I suspect that someone else is being abused?

A: If the abuse, neglect or exploitation is taking place in a private home, call the Adult Protective Services (APS) at 1-833-401-0832 and when prompted enter your 5-digit zip code to be connected to the Adult Protective Services in your county, 7 days a week, 24 hours a day. 

If the abuse is occurring in a licensed long-term care facility, such as a nursing home, call the local long-term care ombudsman. (To locate an ombudsman, call 1-800-231-4024.) Your report will be confidential, and you can remain anonymous.  You could also call the California Attorney General’s Bureau of Medi-Cal Fraud and Elder Abuse complaint hotline at 1-800-722-0432, and the local police department and county district attorney’s office.  For further information and guidance, request a free publication entitled A Citizen’s Guide to Preventing & Reporting Elder Abuse by writing to: The Office of the Attorney General, 1425 River Park Drive, Suite 300, Sacramento, CA 95815.

Q: What are some examples of elder abuse?

A:

·  Your caregiver or a “new friend” persuades you to sign a power of attorney so she can handle your affairs for you—only to sell your home and steal the cash.

·  Neglected and hungry, you lie stranded in your bedroom while your adult son empties your bank accounts.

·  A home repairman persuades you to pay cash on the spot for a “great” home improvement deal—then never does any work.

·  You forget to take your medication and a nursing home staff member slaps you in the face.

·  You pay “fees” to claim a “free vacation” or winnings from an international lottery—only to deplete your savings and get nothing in return.

Q: Am I required to report suspected elder abuse?

A: Yes, if you are responsible, with or without pay, for taking care of an elder or dependent adult. Others, too, must report suspected elder abuse: administrators, supervisors and licensed staff of facilities providing care and services to the elderly; APS employees; health practitioners (such as physicians); police officers; clergy members; and elder or dependent adult care custodians. Care custodians include, for example, home health agency administrators and staff, and fire department members. If a mandated reporter fails to report known or suspected abuse, he or she could face criminal charges.

In addition, all officers and employees of financial institutions must report known or suspected financial elder abuse as well—or risk facing civil penalties.

Q: Is there anyone who will check on my elderly father’s well-being for me?

A: Yes. If you are worried about a parent or other elderly person who lives in a different community, contact the police or sheriff’s department in his or her area and request a well-being or welfare check.

Q: Is domestic violence the same as elder abuse?

A: No. And different laws apply to each as well. Unlike elder abuse, the law defines domestic violence as certain kinds of abuse directed toward a spouse or former spouse, domestic partner or former domestic partner, cohabitant, or person of any age with whom the abuser has had a “dating or engagement relationship,” has had a child, or is related by blood or marriage. Such violence is behavior driven by the need to control. It can range from threats to unwanted sexual touching and hitting. It cuts across all cultures, ethnic backgrounds, education levels and income brackets. If the victim of domestic violence is 65 or older, the matter may be treated as a case of elder abuse.

Q: What can I do to protect myself from an abusive caregiver or spouse?

A: If you are in immediate danger, call 911. When the police arrive, explain what happened. In both elder abuse and domestic violence cases, the officers can contact an on-call judicial officer and issue an immediate Emergency Protective Order (EPO). This legally prohibits the abuser from coming near you or contacting you. The EPO will remain in effect for five court days or seven calendar days. Then, to extend the order, you can seek a Temporary Restraining Order (TRO). Just fill out the forms at your local courthouse. The TRO will go into effect as soon as it has been signed by a judge and delivered to the abuser. And it can be made “permanent,” which means that it will be good for up to five years and can be renewed.  In addition, in cases of elder abuse, the senior citizen need not have suffered physical abuse to obtain a restraining order. An elder abuse restraining order can prohibit the mental or financial abuse of a senior as well.  Keep in mind, however, that restraining orders do not eliminate the risk of future violence or other types of abuse. A restraining order may help protect you, but you should remain on guard.   As an added protection, state law allows domestic violence victims to keep their addresses confidential through the state’s Safe at Home program. This means that your home address need not appear on court papers or other official documents. For information, call 1-877-322-5227 (or visit the program’s website at sos.ca.gov/safeathome).

To locate a local shelter or counseling, call the National Domestic Violence 24-hour hotline at 1-800-799-7233 (for TTY, call 1-800-787-3224). 

Q: How can I be sure that my parent's caregiver will provide proper and adequate in-home care?

A: You cannot be sure, especially if the caregiver is simply providing personal assistance with such daily rituals as dressing or preparing meals. You can hire this type of caregiver through a home care agency or home care referral company. Or you could hire someone on your own and pay the payroll taxes and worker’s compensation insurance. But in either case, be extremely cautious, seek referrals and ask a lot of questions. Such caregivers are not regulated by anyone.  Caregivers who provide medical care, however, must be licensed or certified. You can hire such caregivers through a licensed home health care agency. Home health care agencies, certified nurse assistants, registered nurses, nurse practitioners and vocational nurses must be licensed or certified by the state.  To locate caregiver resources in your area, call the Eldercare Locator at 1-800-677-1116.

Q: As a senior, am I more likely to be targeted in a consumer scam?

A: Yes. Americans lose billions of dollars each year in telemarketing fraud and mail scams alone, for example. And seniors are often the victims. You could be approached through the mail, by telephone, via e-mail or at your front door. Know your rights and how you might be vulnerable. As the old adage goes: If it seems too good to be true, it probably is. A few common scams include:

·  Charitable Donation Cons: Watch out for fake charities. Anyone soliciting funds for charitable purposes must register with the state Attorney General’s Office. To find out if a charity is registered, call 916-445-2021 or visit this website. You could also check with the Better Business Bureau (bbb.org).

·  Credit Card Insurance and Credit Repair scams: Be wary of salespeople who want to sell you unnecessary insurance to pay for any unauthorized charges made to your credit cards. Other fraudulent salespeople offer illegal “credit repair” schemes. Such schemes cannot clear up negative credit or provide a new credit report.

·  Door-to-Door or In-Person Solicitation: Ask to see a business permit. Most cities require one. Resist pressure to buy anything on the spot. If you do make a purchase, remember that you usually have three business days to legally cancel such a contract if it was made in your home or in a temporary business place (such as a hotel room or convention center). Contact your local Better Business Bureau to check out the business. To report a fraud, call your local police or district attorney’s office.

·  Financial Advisors and Investment Scams: Beware of investment seminars touting get-rich-quick schemes. Ask the salesperson for his or her credentials, and investigate before you invest. Call the state Department of Corporations’ toll free at 1-866-ASK-CORP (275-2677) to find out more about the company and salesperson. And for tips on protecting yourself, check out the department’s “Seniors Against Investment Fraud” (SAIF) program. 

·  Funeral and Cemetery Fraud: Watch out for high-priced sales pitches. The Consumer Guide to Funeral and Cemetery Purchases—available at no cost from the Department of Consumer Affairs’ Cemetery and Funeral Bureau(cfb.ca.gov)—details your requirements, pre-needs arrangements and what to look for in a contract. You can also call the Cemetery and Funeral Bureau at 916-574-7870 to verify a funeral establishment’s license or file a complaint. And check with your local Better Business Bureau as well.

·  Home Repair: It sounds like a good deal. You pay cash for a roof repair, but then the repairman does a shoddy job—or nothing at all. Before hiring any contractor, get more than one estimate, check references and put everything in writing. Be aware that your home cannot be used as collateral in any home improvement contract if you are 65 or older. And never pay more than the legal maximum (usually 10 percent of the repair price or $1,000, whichever is less) before the work is done. To check the contractor’s license, go to the Contractors State License Board’s website at www.cslb.ca.gov or call 1-800-321-2752. 

·  Medicare Fraud: Never give your Medicare/Medi-Cal number to a stranger. And always check your Medicare statement to verify that you actually received the services or medical equipment charged to Medicare/Medi-Cal. If you suspect Medicare provider fraud, call Medicare at 1-800-633-4227. To report suspected Medicare prescription drug fraud, call 1-877-772-3379. And to report suspected Medi-Cal provider fraud, call the Bureau of Medi-Cal Fraud and Elder Abuse in the state Attorney General’s Office at 1-800-722-0432.

·  Living Trust Mills: Beware of “trust mill” marketing schemes in which salespeople pose as experts in estate planning to gain your trust and confidence. These unqualified “experts” may be salespersons seeking your personal financial information with the ulterior motive of selling you both a living trust and an annuity, which may not be appropriate for you. (Such insurance-based products can have hidden costs and may tie up a senior’s funds for a decade or even longer.) Such tactics may violate insurance laws and laws prohibiting the unauthorized practice of law as well. Also, it is now illegal for insurance brokers and agents to tout any senior-related certification, credential or professional designation that does not meet certain criteria and have the California Insurance Commissioner’s approval. To report a suspected scam, call your district attorney’s office and the state Department of Insurance consumer hotline at 1-800-927-4357.

·  Telemarketing/Mail/Internet Fraud: It can be difficult to distinguish legitimate telemarketers and e-mail solicitations from those that are not. Never provide personal information or send money to solicitors who contact you first. Turn such solicitors away immediately or at least insist on checking them out first and calling them back. Also, steer clear of any caller or mailer announcing that you have won a sweepstakes or foreign lottery and simply need to pay a “fee” or “tax” to collect your winnings. (The cross-border sale or purchase of lottery tickets is illegal—and so is any advance charge for collecting the prize.) For more information or to file a complaint, call the state Attorney General’s Office at 1-800-952-5225. To file a complaint alleging Internet fraud, visit the online Internet Crime Complaint Center at ic3.gov.

·  Real Estate Predatory Lending Scams: Senior homeowners are the primary targets in many of these scams. Seniors may be lured into home equity loans that they cannot possibly repay. The interest rate and fees may be much higher than those of a standard loan—and may even be illegal. Or, the loan may require a large “balloon” payment at some point. In addition, the lender may offer misleading information (seeking to take advantage of a senior who may be facing a cash crunch). Obtaining a home equity loan may have advantages for you. Before you sign anything, however, check out the lender and make sure you fully understand the loan’s terms. And if you do get behind in your mortgage payments at some point, take action immediately. Do not, however, fall victim to a loan modification scam. Be wary of solicitors who offer to renegotiate your loan for you. Call HUD at 1-800-569-4287 for a referral to a free counselor, or call the Homeowner’s Hope hotline at 1-888-995-HOPE.

Q: Should I be cautious in how I select financial or estate planning services?

A: Yes. Some self-proclaimed “trust specialists” and financial planning “experts” have no advanced training or qualifications in estate planning. And these so-called experts may have ulterior motives. For example, they might be seeking to gain access to your personal financial information to sell you insurance-based products, such as annuities, which may not be appropriate for you (seeLiving Trust Mills on page 7). Recent changes in the law also prohibit broker-dealers and investment advisors (and their agents and representatives) from using any “senior specific” certification, credential or professional designation that could be misleading. Before considering a living trust or any other estate or financial planning document or service:

·  Consult with a lawyer or other financial advisor who is knowledgeable in estate planning. Check out the advisor’s credentials and qualifications. Also, keep in mind that legal document assistants cannot give legal advice and paralegals must work under the direct supervision of a lawyer.

·  Ask for time to consider and reflect on your decision. Do not allow yourself to be pressured into purchasing an estate or financial planning product.

·  Know your cancellation rights. If you buy an annuity, for example, you have 30 days to cancel it.

·  Be wary of home solicitors who ask you for confidential and detailed information about your assets and finances.

·  Find out if complaints have been filed against the company by calling local and state consumer protection offices or the Better Business Bureau.

Q:  Where can I find out more about elder abuse?

A: Visit the websites of the National Center on Elder Abuse (www.ncea.aoa.gov) and California Advocates for Nursing Home Reform(canhr.org)