Wednesday, July 17, 2013

All Types of Elder Abuse Hike Hospitalization Risk

Maltreatment of older adults -- including financial exploitation and psychological abuse -- independently raised their likelihood of ending up in the hospital, a population-based study showed.

Physical abuse doubled the rate of hospitalizations, adjusted for sociodemographics and socioeconomics, medical comorbidities, cognitive and physical function, and psychosocial well-being, found XinQi Dong, MD, MPH, of Rush University Medical Center and Melissa A. Simon, MD, MPH, of Northwestern University Medical Center, both in Chicago.

Being abused in more than one way had a dose-dependent impact, with a relative risk of 2.59 with two or more types, the researchers reported online in JAMA Internal Medicine.

The study couldn't determine causality but does have implications for care, they noted.

"Healthcare professionals should consider screening for elder abuse among older patients who may have frequent encounters with hospitals, as well as those who present to hospital settings for dehydration, malnutrition, delirium, and skin ulcers," Dong and Simon wrote.

Full Article and Source:
All Types of Elder Abuse Hike Hospitalization Risk

Tuesday, July 16, 2013

D.C. lawyer gets harsher penalty for lying in discipline hearings

A lawyer who convinced a District of Columbia bar discipline hearing committee that she was truthful about events from several years earlier had less credibility in a subsequent hearing by the Board on Professional Responsibility and ultimately, on Thursday, when the D.C. Court of Appeals upheld the Board.

Stephanie Y. Bradley’s “intentional falsehood” turned out to be an aggravating factor for the board’s decision, upheld by the appeals court (PDF), to suspend her from the practice of law for two years.

The initial hearing committee, though believing Bradley’s explanation on some key points, had found her ethical lapses sufficient to recommend 90 days. She had previously received three formal admonitions.

The suspension concerned Bradley’s failures as a court-appointed guardian for two persons. From 1999 until 2004, she represented the interests of a man with developmental disabilities who was hospitalized with head trauma, until she could have him moved to a nursing home; and from 1999 until 2004, she represented the interests of an elderly and infirm woman.

Though claiming she regularly visited the man at the nursing home, Bradley was shown to have largely ignored him for nine years, having filed only three of the required semi-annual reports with the superior court and ignoring calls and letters from the man’s family in Texas, who wanted to move him closer to them. In 2004, the family got another lawyer to initiate the move and filed a bar complaint against Bradley.

While guardian for the woman, Bradley failed to prevent a purported family friend and caretaker from embezzling between $200,000 and $250,000 from her bank account and failed to file for a payout from a life insurance policy and for a civil-service lump sum benefit due the woman.
In 2003, another lawyer represented the woman in removing Bradley from her care, then sued Bradley and recovered more than $400,000.

Full Article and Source:
D.C. lawyer gets harsher penalty for lying in discipline hearings

Former CFO, lawyer plead in St. Louis pre-arranged funeral fraud case

ST. LOUIS • Two more defendants involved in what prosecutors have called a “Ponzi-like” pre-arranged funeral scam that could cost $600 million pleaded guilty Tuesday to federal charges.
The former chief financial officer of National Prearranged Services, Randall K. Sutton, 67, of Chesterfield, pleaded guilty to charges of bank fraud, mail fraud, money laundering and insurance fraud.

A few hours later, the company’s former lawyer, Howard A. Wittner, 76, of Chesterfield, pleaded guilty to two counts of making false statements intended to deceive insurance regulators, and to willfully permitting a felon to engage in the insurance business.

Wittner admitted lying to state regulators and concealing the source of money used to buy a medical malpractice insurer. The third count refers to former owner, James “Doug” Cassity, a convicted felon.
Under the plea deal with prosecutors, Sutton faces up to seven years in prison, and Wittner faces up to five years when sentenced Nov. 7.

The pleas leave one remaining defendant, former investment adviser David R.

Full Article and Source:
Former CFO, lawyer plead in St. Louis pre-arranged funeral fraud case

Elder Care Homes Ensnared By Foreclosure Crisis In California

This article was made possible with support from the Economic Hardship Reporting Project.

Richard Miller, 77
 Richard Miller had been living in his second-floor San Francisco apartment for 23 years when, one day in 2010, he fell down the stairs. His doctor recommended he move into a residential care facility for the elderly, where residents have meals provided and, if needed, get help with dressing, eating and bathing. Miller wasn’t eager to make the move, and three years later, he has had plenty of reasons to regret it.

Miller, who is now 77, suffers from several health problems. He has sleep apnea and congestive heart failure, which causes him to get winded easily and pause every 10 or so steps to catch his breath. A large man with a thick swatch of white hair and a booming tenor voice, he calls his cane a "kind of a security blanket" because he's had two knee operations, and one of his legs sometimes gives out.

Miller’s fall and subsequent move led him to two different elder care facilities -- both of which, he discovered later, were in foreclosure. He now lives in a third facility called Morning Glory Care Home, a four-bedroom elder care house on a cul-de-sac in Vallejo, a city of roughly 117,000 that's 35 minutes northeast of San Francisco. But only a few months after moving in, he noticed some unusual visitors passing through the home. "Two women came through with clipboards and were kind of looking around,” he said. "When you're 76 years old and it's your third place, you get a little bit scared."

His fears turned out to be justified. He asked the home’s administrator about the women and was told they were relatives. But Miller didn’t believe him. As more strangers floated in and out, he felt an uneasy sense of foreboding. "So I Googled the property,” he said, "and was blown away to find that it had been in foreclosure since December 2010."

Most disturbing to Miller was the lack of warning that his home was foreclosed. Despite a law put into force in January 2012 that expressly requires the people operating the homes to inform residents about the change, those in charge did not tell him that Morning Glory was in foreclosure. Nor had he been given any warning about his previous two residences. "The first home was bank-owned and being put up for auction,” he said. "The second one -- there was a notice on the door -- and [the owner] yanked it off so we couldn't see it."

Miller’s experience of moving to three different facilities in just over a year's time -- and the possibility that he’ll have to move to a fourth -- may be extreme. But the elderly having to shuffle from home to home is certainly not a rarity in boom-and-bust California, where about 170,000 individualsuals live in residential care facilities that in some areas face alarming foreclosure rates. A state law requiring owners and administrators of these homes to inform authorities and residents if they miss a mortgage payment seems little more than words on paper. In many cases, the authorities are as much in the dark about a home’s financial troubles as the residents and their families.

The state Department of Social Services only has the personnel to check up on 30 percent of these homes each year, according to the California Health and Human Services Agency. Those serving as long-term care ombudsmen, who visit the homes regularly, are many times similarly uninformed about a home's status change.

"We often don't know that a place is closed until we knock on the door," said John Lord, a long-term care ombudsman in Vallejo.

When it comes to health and quality of life, experts are inclined to agree that moving often and abruptly is a bad idea for the elderly, especially for those who are frail or suffering from conditions such as dementia. "The trauma for them becomes being in a new setting where nothing is familiar, and they don't know how to adjust," said Ruth Gay, director of public policy and advocacy for the Alzheimer's Association of Northern California and Nevada. "It manifests in things like agitation, aggression, fear, withdrawal, and people start to decline ... They are at risk for falling, not eating well, and all of those things can be a vicious cycle downward."

Full Article and Source:
Elder Care Homes Ensnared By Foreclosure Crisis In California

Monday, July 15, 2013

Shady Practices in Conservatorship

Bryan Rosen's recent letter to the "Independent" detailing Judge Stern's startling ignoring of a proper "Power of Attorney," thereby forcing the use of psychotropic drugs on a person trapped in the court's Conservatorship program, is only the most recent example of the extensive and repeated corruption of our local court's management of this system.
 
I've asked the editor of the new Santa Barbara online publication "Mission and State" - which specializes in investigative journalism - to explore this issue. No luck so far.

Full Article and Source:
Shady Practices in Conservatorship

See Also:
Bryan Rosen: Conservatorships in Santa Barbara

Psychological Vulnerability in Older Adults Increases Risk for Financial Exploitation

Older adults with extreme depression symptoms and low social status fulfillment are at greater risk for financial exploitation, according to new data.

Researchers analyzed data from a representative US sample of 4,461 respondents from the 2002 Health and Retirement Study regular survey and a 2008 Participant Lifestyle Leave Behind Questionnaire. Respondents were 61.9% female, 85.4% white and their mean age was 65.8 years. A majority (70.6%) reported having partners.
 
Financial fraud, including identity theft, fake home repairs and telemarketing scams, in the overall sample was 4.5% with 52.7% of respondents reporting satisfaction with their finances. The most significant prevalence of fraud (14%) was observed among older adults with the highest depression and lowest social-needs fulfillment, compared with the rest of the sample
 

'Life With Pop"

From bestselling author and clinical psychologist Janis Abrahms Spring comes a refreshingly honest and tender portrait of a devoted daughter caring for her father through his final years of life

After her mother died, Janis Abrahms Spring "inherited" her father-Pop- and set off on an all-consuming five-year mission to make his days as rich and comfortable as possible. This is their story, overflowing with humor, insight, and love. In beautifully crafted vignettes, spring brings their deepening relationship to life-both the joy and the imposition, the happiness and the heartaches.

From her unique perspective as a clinical psychologist, Spring explores the emotional and practical complexities of parenting a parent. Inspiring, deeply moving, and frank, Life with Pop is an ultimately comforting meditation on a universal experience, as well as a book with profound lessons on how to grow old gracefully.

Available @ Amazon

Sunday, July 14, 2013

Tonight on T.S. Radio: How Judges Help Attorneys Steal From the Elderly and Disabled

Join us this evening as Richard Kuse, Sassoon Sassoon, and Gary Wildman join the show to talk about the court run grand theft, embezzlement and estate theft, rackets operating in New York State.

Friends of judges, utilizing their courts, are cashing in on estates via the buddy system operating in New York Surrogate courts. As and example: In the case of Ted Ammon (deceased) $10 mil in court approved attorney fees! Estate theft, forged documents, murder and grand larceny. Learn the difference between an exemplified vs. certified court docket. Judges are not only condoning the theft from the clients, they are helping attorneys do it.

6:00 pm MST ... 7:00 pm CST ... 8:00 pm EST

LISTEN LIVE or listen to the archive later

Connecticut Department on Aging Will Better Serve State's Growing Senior Population


(HARTFORD, CT) - Governor Dannel P. Malloy, joined by Lieutenant Governor Nancy Wyman, state Department on Aging (SDA) Commissioner Edith Prague and members of the General Assembly’s Aging Committee, held a ceremonial bill signing today for Public Act 13-125, An Act Concerning the Department on Aging.  The legislation fully establishes SDA which was statutorily created on January 1, 2013 and will ensure that Connecticut’s seniors have access to the supportive services necessary to live with dignity, security, and independence.

“Under the leadership of Commissioner Prague, this department will greatly improve the quality of life for our state’s growing senior population,” said Governor Malloy.  “Over the last decade, the number of elderly residents living in Connecticut has grown nearly 5 percent and currently makes up more than 14 percent of the state’s population – that number is expected to grow to 21.5 percent of the population by 2030.  This is why it is crucial that we have an office specifically designed to assist these residents and administer the services and programs that they depend on day-in and day-out.”

The department will be responsible for managing a variety of federally funded programs at the state level under the Older American’s Act.  All appropriate functions, programs, and duties within the Department of Social Services’ (DSS) State Unit on Aging and Office of Long Term Care Ombudsman will be transferred to the newly-formed SDA.  In March, Governor Malloy tapped former State Senator Edith Prague of Columbia to serve as the Commissioner of SDA.

“There's much we need to do to help elderly residents in our state and, now that we have a department that focuses specifically on them, we can work on improving the way we deliver those services,” said Lt. Governor Wyman.  “As the past chairman of the State Senate’s Committee on Aging, Commissioner Prague has experience on issues pertaining to elderly services and is well-respected by her colleagues in both parties as a staunch advocate for senior citizens across the state.  I am happy to have Commissioner Prague as a partner as we work towards the Governor’s goal of improving the quality of life and care for Connecticut’s older adults.”

Full Article and Source:
Connecticut Department on Aging Will Better Serve State's Growing Senior Population