Wednesday, May 2, 2012

Preparing for a Future That Includes Aging Parents

Planning a wedding is exciting.

Mapping out a vacation is fun.

Figuring how to afford care for your confused, elderly father? That one may never cross your mind — at least, not until you need more money to care for him.

"Never thought about it," Natasha Shamone-Gilmore, 58, says about her younger self. "Never ever."

She thinks about it a lot these days. Shamone-Gilmore, a computer trainer in Maryland, now shares a modest home with her husband, 24-year-old son and 81-year-old father.

Like millions of other middle-aged Americans, she had long regarded her parents as robust adults, more than capable of managing their own affairs. "My mom was a very active woman; my dad ... was a Safeway employee for 40-something years," she said.

But time does what it does, and today, her father needs a caretaker. So she has had to step into that role and figure out how to make it all work financially.

Shamone-Gilmore's family is one of three multigenerational households being profiled by NPR this spring. Their stories will help highlight the importance of family financial planning. The series, Family Matters, will continue in installments each Tuesday into June.

Full Article and Source:
Preparing for a Future That Includes Aging Parents

Tuesday, May 1, 2012

Linda Kincaid Reports: Isolation and False Police Report in CA Facility

Wildwood Canyon Villa in Yucaipa, CA filed a false police report on March 28, 2012, in an attempt to isolate Jean Swope from her family. Lynnette Alvarado, Executive Director of the residential care facility, has a history of violating residents’ rights.

Wildwood isolated Swope for fifteen months, June 19, 2010 – Sep. 1, 2011, according to court records. Community Care Licensing cited Wildwood for violating Swope’s right to visitation. San Bernardino County court repeatedly ordered Wildwood to allow visitation. Finally, Wildwood allowed Swope to have visitors for several months.

Swope was thrilled to see her loved ones again. No longer plagued by depression, Swope became quick to smile and “tell stories” to visiting love ones. She devoured special meals and goodies they brought for her. Her Alzheimer’s symptoms improved steadily with TLC from family.

Then on March 28, 2012, Alvarado ordered family to leave and not return. She refused to give any reason for her orders.

The police report filed by Alvarado states:

THE MALE SUBJECTS STARTED TO FEEDING HER A HAMBERGER. THE CAREGIVER TOLD HER TO STOP PER DOCTORS ORDERS AND THE DAUGHTER AND FRIENDS BECAME ARGUMENTATIVE WITH THE CAREGIVER STATING THEY WERE GOING TO FEED HER NO MATTER WHAT ….

There was no doctor’s order for dietary restrictions. At 115 pounds, Swope needs all the calories she can be enticed to consume.

Swope requested a Farmer’s Burger when family visited the night before. However, the lunch bag was never opened on March 28. Swope never had a chance to taste her favorite sandwich.

Alvarado ordered Swope’s visitors to leave and not return. The police report concluded:

BECAUSE OF THIS THEY ARE NO LONGER WELCOME ON THE FACILITY.

Full Article and Source:
Elder Abuse in Residential Care: Isolation and False Police Report

Elderly Man in Facility Reacts to Music From His Era


Source:
Old Man in Nursing Home Reacts to Music From His Era

Suing Nursing Homes

In 1987, President Ronald Reagan signed into law the Omnibus Budget Reconciliation Act (OBRA), the first major version of the Federal standards for nursing home care since the 1965 creation of both Medicare and Medicaid (MediCal in California). Care facilities wanting Medicare and Medicaid funding were to provide services so that each nursing home patient could attain and maintain the highest physical, mental and psycho-social wellbeing. However, 25 years later, poor care and neglect are still too common an occurrence in the approximately 16,000 nursing homes in the United States.

Why is this poor care and abuse still occurring? There are many reasons why and at the top of the list is the fact that state agencies responsible for overseeing nursing home care often fail to make sure problems in the facilities are corrected.

Anyone of us who may have the unfortunate task of placing a loved one in a nursing home needs to know that the probability of poor care and neglect is alive and well in these facilities. Be vigilant: Go often to see the patient (under the federal law, there are no visiting hours for family members); go often at any time day or night; ask questions; check their bodies to ensure there are no bedsores forming; make sure they are getting sufficient liquids to prevent dehydration; listen to what the patient is telling you and don't let the facility staff dismiss the patient's complaints.

Since it appears to be "business as usual" in nursing homes and with the lack of oversight by the regulators perhaps it's time to close down all nursing homes and start all over again with a different plan. Perhaps the billions of dollars the government gives to nursing homes should be given to each of us who wish to remain in our homes and be cared for by people of our choice.

Full Article and Source:
Suing Nursing Homes

Monday, April 30, 2012

Elder Abuse Remains Hidden Problem as Baby Boomers Reach Old Age

Despite the 2010 passage of the Elder Justice Act, policy experts have found that combating widespread abuse of seniors is still not a top priority for care providers and governments alike. As many as one in 10 people age 60 and over are affected by this problem, according to the newest Public Policy & Aging Report (PPAR) from the National Academy on an Aging Society, the policy institute of The Gerontological Society of America. U.S. Senator Herb Kohl (D-WI) and U.S. Representative Peter King (R-NY), who have been heavily involved in legislation to address elder abuse, contributed introductory statements for the issue.

Elder abuse encompasses mistreatment, neglect, and exploitation of a physical, psychological, or sexual nature. The Elder Justice Act was signed into law as part of 2010’s Patient Protection and Affordable Care Act, yet it has received no appropriations to date.

Full Article and Source:
Elder Abuse Remains Hidden Problem as Baby Boomers Reach Old Age

See Also:
Baby Boomers Beware of Guardianship Abuse

Grandson Gets 2-year Sentence for Plundering Dementia-Stricken Grandfather's Estate

A New York man will serve two years in federal prison for bilking his dementia-stricken grandfather in Greenfield while serving as his court-appointed guardian.

Michael Ostrowski, 42, of East Patchogue, N.Y., also was ordered to serve three years of supervised release, pay more than $185,000 in restitution, and forfeit $179,500 in cash stolen from his grandfather’s estate during a hearing Wednesday in U.S. District Court.

In sentencing the defendant, Judge Michael A. Ponsor also ordered him to forfeit a Sony Bravia flat-panel television; a 39mm semi-automatic assault rifle; and a 2006 GMC Sierra pickup truck, all purchased with the proceeds of his fraud.

In January, Ostrowski pleaded guilty to mail fraud, conspiracy, interstate transportation of stolen property and other charges in a plea agreement with the U.S. Attorney’s Office.

The maximum penalty for the offenses is 20 years in prison. As part of the deal, Ostrowski agreed to not oppose a sentence of 57 months or less while prosecutors will not challenge a sentence of 46 months or more.

Full Article and Source:
Grandson Gets 2-year Sentence for Plundering Dementia-Stricken Grandfather's Greenfield Estate

Sunday, April 29, 2012

'Everyday Law for Seniors'

Navigating the law as an older adult, or on behalf of one, is a daunting enterprise. Not only are the regulations, requirements and exceptions multitudinous and confusing, but many of them regularly change. What’s the asset limit for those applying for Medicaid reimbursement of nursing home costs? Well, it depends which year you ask.

“Everyday Law for Seniors,” written by two law professors — Lawrence Frolik of the University of Pittsburgh and Linda Whitton of Valparaiso University — guides readers through the maze. The authors take on a variety of common topics (age discrimination, Social Security, housing, pensions, Medicare and other insurance) and offer clear, careful explanations and suggestions. First published in 2010, the book’s just been updated to include the most recent federal benefits numbers.

Even the most helpful book can’t substitute for the individualized advice of an elder attorney, but this one looks very useful for older people and their families.

Full Article and Source:
The Caregiver's Bookshelf: A Law Guide for Seniors

Washington Economics Group Picks Tallahassee, Fla., as Number One Retirement Destination for Baby Boomers


A revealing new analysis of trends and preferences indicates that tens of millions of Baby Boomers searching for the ideal place to retire should look to Southern college towns for the best combination of climate, cost of living, health care and other top priorities, according to a report from The Washington Economics Group (WEG). In the scientific comparisons of 20 prospective ideal “Boomer” retirement communities, Florida’s capital city, Tallahassee, ranks number one in the country.

Full Article and Source:
The Washington Economics Group Picks Tallahassee, Fla., as Number One Retirement Destination for Baby Boomers

NM Lawsuit: Partner Enabled Exploitation

Relatives of a former Santa Fe resident declared unable to handle her affairs want her partner to turn over half their joint assets.

Carol Anderson and Judith Shackelford, who lived together for 12 years "with short periods of estrangement," registered as domestic partners in California and lived in Santa Fe until last year, according to a petition filed in state District Court on Tuesday.

It says the couple owns a house south of Santa Fe (valued by the county assessor at $789,290), a business called Shackelford Associates, two automobiles, a recreational vehicle, other assets and, until recently, a Merrill Lynch account worth $400,000.

In September, Anderson "sent more than $240,000 to persons she had not met who promised to pay her large prize winnings," says the petition for restitution and division of jointly owned assets. "These funds were expended with the knowledge and active assistance of Judith Shackelford."

In October, it says, a Santa Fe judge declared Anderson "lacked capacity to enter into contracts or other business" and appointed her relatives Adam Anderson, Alice Wheatley Anderson and Tamara Strachman as guardians and conservators of her estate.

"Subsequent to the appointment," it says, "Carol Anderson moved with the assistance of Judith Shackelford to Alton, Illinois, without authorization and contrary to the direction of the guardians and conservators. ...

"Based upon Judith Shackelford's history of knowingly acquiescing to the financial exploitation of Carol Anderson, the property and funds held by Judith Shackelford are not likely to be maintained for the future support and maintenance of Carol Anderson."

The lawsuit asks a judge to order Shackelford to return to the conservators one half of the value of the couple's assets and to pay attorney fees and expenses.

Full Article and Source:
Lawsuit: Partner Enabled Exploitation