Warnings of Elder Abuse

There is a growing concern of elder abuse. Aging individuals that suffer from mental diseases like dementia are particularly vulnerable to abuse. Below are warning signs that can be helpful to raise a suspicion of elder abuse. Taken individually these warnings are not inherently meaningful. However, any combination of these signs could indicate a problem with abuse.

1. The caregiver is secretive about the elder’s finances.
2. The elder is financially supporting the caregiver.
3. The caregiver isolates the elder from others.
4. The caregiver insists on being in the room when anyone else is present.
5. The caregiver has a history of substance abuse.
6. There are changes in the estate planning paperwork.
7. The caregiver moves the elder to his home without warning.

Source:
Warnings of Elder Abuse

Boomers are Killing Themselves at an Alarming Rate -- Why?

Last spring, Frank Turkaly tried to kill himself. A retiree in a Pittsburgh suburb living on disability checks, he was estranged from friends and family, mired in credit card debt and taking medication for depression, cholesterol, diabetes and high blood pressure.

It was not the life he had envisioned as a young man in the 1960s and ’70s, when “people were more in tune with each other, people were more prone to help each other,” said Turkaly, 63, who owned a camera shop and later worked at Sears. “There was not this big segregation between the poor and the rich. . . . I thought it was going to continue the same, I didn’t think it was going to change.”

Turkaly said he regrets his attempt to overdose on tranquilizers, which he attributes to social isolation. But in one grim respect he is far from alone: He is part of an alarming trend among baby boomers, whose suicide rates shot up precipitously between 1999 and 2010.

It has long held true that elderly people have higher suicide rates than the overall population. But numbers released in May by the Centers for Disease Control and Prevention show a dramatic spike in suicides among middle-aged people, with the highest increases among men in their 50s, whose rate went up by nearly 50 percent to 30 per 100,000; and women in their early 60s, whose rate rose by nearly 60 percent (though it is still relatively low compared with men, at 7 in 100,000). The highest rates were among white and Native American and Alaskan men. In recent years, deaths by suicide has surpassed deaths by motor vehicle crashes.

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Baby Boomers Are Killing Themselves at an Alarming Rate, Raising Question:  Why?

CA: Senate Judiciary Committee - AB937 Clarifies Conservatees' Rights

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Senate Judiciary Committee - AB937 Clarifies Conservatees' Rights

Editorial: Not Enough Protection for Elders

June 14 is World Elder Abuse Awareness Day. Financial exploitation of elders is becoming the primary form of elder abuse, often involving family members or even close elderly friends who prey on seniors to gain control of assets. The elder need not have dementia to be victimized. These predators take advantage of physical disabilities — vision, hearing, mobility — to gain an elder’s trust and isolate the elder, to control communication, transportation, medical care and to access mail and credit cards, bank accounts and investments.

Legal mechanisms like power of attorney (POA), guardianship/conservatorship or healthcare proxy (HCP) can be obtained through misrepresentation, coercion, isolation and intimidation of an elder. The abuser then can use the victim’s assets to fight those trying to stop the exploitation.

Another form of abuse is “granny snatching”; an elder is taken out of state under false pretenses (a vacation?) to a perpetrator’s turf, isolated from the elder’s friends, family and familiar medical care. Once there, new legal and financial oversight (guardian, conservator, POA) is obtained. The elder rarely returns.

Full Editorial and Source:
Not Enough Protection for Elders

Judge quits to avoid discipline

Alamogordo jurist faced actions over alleged incompetence

SANTA FE – A state district court judge in Alamogordo has resigned to avoid possible disciplinary action by New Mexico’s highest court for alleged misconduct and incompetence in his duties.

District Judge William Brogan resigned Friday under an agreement approved by the state Supreme Court, which released a copy of its order on Tuesday.

The Judicial Standards Commission had started disciplinary proceedings against Brogan for violations of the Code of Judicial Conduct since 2011, including repeatedly failing to follow rules for handing criminal cases.

The commission said the judge “failed to maintain competence in the performance of judicial duties” or was “unable to perform judicial duties competently and diligently.”

The judge required guidance from court staff and attorneys because of his lack of understanding of basic courtroom procedures, the commission said.

Other examples of the alleged misconduct included “failing to be fair and impartial,” improperly completing sentencing forms and “failing to devote adequate time to judicial duties by not scheduling hearings except emergency hearings on Friday and by not allowing hearings to be scheduled after 3:30 p.m.”

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Judge quits to avoid discipline

"Lovingly and Orderly"

With the imminent death of a mother tensions rapidly erupt in her household to dismantle and destroy her family as a consequence of evil.

During a time of obvious lamentation, a devoted son based on a divine covenant with his mother responded to uphold her honor after her sudden and tragic death.

Despite being confronted with one hindrance after another by the wicked acts of his dishonorable siblings, the son reveals a diabolical and criminal conspiracy in progress.

After being challenged and eventually dismissed by the Chicago Police Department, the son discovers that his mother was flagrantly violated upon her death by the suspects in connection with their criminal conduct through a onerous and intense investigation. The culmination of the illegal activity adversely impacting the deceased matriarch's estate occurs in the Circuit Court of Cook County, IL Probate Division. Would the probate court mandated by Illinois State Law to address the outstanding and pressing legal issues concerning the dearly departed in our society allow the criminal activity to be ignored in order to preserve the economic concerns of an influential financial institution?

Lovingly and Orderly: A Son's Lament is a real life account of the arduous task the son accepted upon his own free will inspired by God. The compelling drama is a true indication of the state of affairs in our free market, capitalistic society in the United States of America where guile and clout leaves room for doubt regarding justice in our nation.

Available at Amazon

PA Court Case Examines Health Care Power of Attorney, Living Will

Pennsylvania's Superior Court recently decided an important case concerning the validity of a health care power of attorney and living will once an individual becomes incapacitated: In re: Estate and Person of Russell R. Border Jr., an incapacitated person, 2013 PA Super 94 (April 23, 2013).

 

Because of the importance of the case and the need to recount facts, this will be a two-part article continuing next month.

In 2010, the Berks County Office of Aging filed a petition for appointment of a guardian on behalf of Border, a 62-year old resident of a nursing facility with chronic medical conditions and failing health. Border had a wife and two adult daughters.

 

In 2007, he executed a health care power of attorney naming his eldest daughter, Renee, as his agent.

 

The Office of Aging requested that Renee be appointed as guardian of Border's person and nominated an attorney, Sharon Gray, as guardian of the estate. The Orphans' Court Judge entered an order declaring Border to be an incapacitated person, appointed his daughter as guardian of the person, Gray as guardian of the estate, and revoked any other existing health care power of attorney previously executed by Border.

 

Two weeks later, the Office of Aging filed a motion for reconsideration based upon Renee's decision to remove Border from the nursing facility to return him to his residence, where she intended to care for him. The Office of Aging felt that Renee was not physically able to care for her father and that he belonged in a nursing facility. The Orphans' Court judge agreed and amended its order to appoint Gray as guardian of the estate. For two years, Gray served in the capacity of guardian of Border's person and estate, making all decisions regarding his care and finances.

 

In March 2012, Border was admitted to the ICU at Reading Hospital, placed on a mechanical ventilator with other forms of life-sustaining treatment. Border's physician contacted Gray to advise that Border's health condition was both terminal and futile, and requested that she authorize removal of life support. Border's family, including his wife, brother, sister and both adult daughters, all agreed with this recommendation. Gray disagreed and asserted her authority as guardian of Border's person to prohibit the removal of life support.

 

In 2007, Border executed a durable power of attorney for health care and living will, where he appointed his daughter, Renee, as agent. Border elected to have life-sustaining treatments under all categories of situations listed in the living-will document. He also opted for his preferences to serve as a "general guide," acknowledging that "in some situations, the person making the decisions for him may decide something different ... if they think it is in his best interest." Relying upon the living will and conversations between herself and Border (acknowledging, however, that those conversations took place after Border was already incapacitated), Gray refused to authorize removal of life support.

 

As a result of the conflict between Border's family and Gray as guardian, the hospital filed an emergency petition, seeking the removal of Gray as guardian and suggesting that Border's brother replace Gray. The Orphans' Court Judge did just that, directing that the brother had specific authority to withhold and/or decline any life-sustaining medical treatment, including removing Border from a ventilator.

 

Full Article and Source:
Court Case Examines Health Care Power of Attorney, Living Will

Petition: Chief White Owl's Law for Nursing Home Reform

There needs to be changes made in the Nursing Homes for Residents and Patients to have their 100% Resident Rights Granted. There needs to be Maximum Protection on All Residents and Patients Health and Safety throughout each Health Care Facility. There Needs to be improvements made to assure that each Resident gets the best care possible and that each and every Health Care Facility is fully staffed to care for the ones in need. There should not even be an issue as Nursing Home abuse and neglect. All Residents should be treated with dignity and respect. Together We Can ALL Make a Difference. Let's Make This a Better, Safer, and Healthier World To Live In For ALL!!

SIGN the petition

Supreme Court's Elder Law Task Force will tackle growing abuses to older Pennsylvanians

HARRISBURG - The Supreme Court of Pennsylvania has formed an Elder Law Task Force, chaired by Justice Debra Todd, to study the growing problems involved in guardianship, abuse and neglect, and access to justice. The task force has been charged by Chief Justice of Pennsylvania Ronald D. Castille with recommending solutions that include court rules, legislation, education and best practices.

According to the U.S. Census Bureau, the "over-65 population" is now larger in terms of size and percentage of population than it has been in any previous census. Pennsylvania currently ranks fourth in the nation in percentage of people 65 and older. As of the 2010 census, almost 2 million Pennsylvanians - 15.4 percent of the state's population - were over 65 and that number is projected to continue to increase substantially through the year 2020.

"The increased population of older Pennsylvanians has strained the resources of our courts and their ability to provide services to these individuals," Chief Justice Castille said. "The needs of this growing population will continue for years to come, especially in regards to guardianships, elder abuse and access to justice. Now is the time to put in place solutions that will allow older Pennsylvanians to age without worries that they will be abused or their money will be taken."

The task force is made up of 38 elder law experts including judges, lawyers and social workers. The task force will have three subcommittees, one devoted to appointment and qualifications of guardians and attorneys, a second on guardianship monitoring and data collection, and a third on elder abuse and powers of attorney. The work of the group will take approximately one year.

According to research funded by the National Institute of Justice, almost 11 percent of people ages 60 and older, or 5.7 million individuals, suffered from some form of abuse in 2009.

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Supreme Court's Elder Law Task Force will tackle growing abuses to older Pennsylvanians