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San Francisco Nursing Home Abuse Lawyers

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San Francisco Nursing Home Abuse Lawyers

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California Nursing Home Abuse Lawyers at Evans Law Firm

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Our California nursing home abuse lawyers can help protect your loved ones. We offer a personalized approach and make it a priority to answer your questions

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Confronting Abuse and Neglect in Nursing Homes

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Confronting Abuse and Neglect in Nursing Homes

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When you entrust the care of your elderly family members to the professionals, you expect that they will receive professional-quality care. But although you pay for a high level of care, that may not be what your loved one receives; abuse and neglect in nursing homes are serious threats. According to recent , as many as 5,000,000 elders suffer abuse every year in the United States.

As some of the most vulnerable members of society, seniors in nursing homes can all too easily become victims of abuse and neglect by the very people who are supposed to be caring for them. The staff has a great deal of control over the seniors in their care, who may be unable to physically defend themselves from violent treatment. In addition, some may no longer have the mental faculties to identify or report abuse. Often, it is up to their families to ensure that they are being properly cared for, to recognize the signs of abuse or neglect, and to act swiftly if it occurs.

occurs when nursing home staff neglects or abandons a resident or intentionally harms residents, and includes physical abuse, psychological abuse, and financial abuse. Physical abuse covers a wide range of behaviors such as neglect, abandonment, assault and battery, sexual assault and battery, unreasonable use of physical restraints, over- and under-medication, and prolonged deprivation of food or water. Financial abuse in the nursing home context usually involves the theft of cash, checks, or personal effects from the victim. Psychological abuse is also widely varied and can involve insulting, demeaning, and ridiculing the victim, as well as isolating the victim by prohibiting him or her from seeing family and friends.

Although every case is different, some of the most common signs of nursing home abuse include:

Nursing home neglect is similar to nursing home abuse in that it can cause physical and psychological harm to the victim, except that it involves behavior that is unintentional. Some examples of nursing home neglect include failing to adequately feed, clothe, and bathe the resident; failing to provide proper exercise and stimulation; failing to administer medication properly; and failure to respond to resident requests for assistance One of the most common causes of nursing home neglect is understaffing and lack of proper training among nursing home staff.

Many of the signs of nursing home neglect are similar to those of nursing home abuse (such as weight loss, bruises and broken bones from falls, etc.), and can encompass:

Nursing home abuse and neglect can have severe consequences for its victims, particularly those who suffer from underlying medical conditions. If you suspect that someone you care about is suffering either, you can report it by contacting:

After reporting the abuse to the authorities reach out to elder abuse counsel. The authorities will not that counsel will pursue, including recovering attorney's fees and costs for bringing your suit.

is designed to be a resource and an entertaining publication for the whole family, by utilizing real and authentic family life experiences to challenge, encourage, inspire, and GROW families.

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Confronting Abuse and Neglect in Nursing Homes

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When you entrust the care of your elderly family members to the professionals, you expect that they will receive professional-quality care. But although you pay for a high level of care, that may not be what your loved one receives; abuse and neglect in nursing homes are serious threats.

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Financial Elder Abuse: More than Just Theft

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Financial Elder Abuse: More than Just Theft

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By Living Better on October 12, 2020

Of all forms of elder abuse, there is evidence that financial elder abuse may be the most common. According to the most recent estimates from the U.S. Securities and Exchange Commission, anywhere from 2.7 to 6.6 percent of seniors experience some form of financial exploitation, although the true number is likely much higher due to widespread underreporting. In the popular imagination, financial elder abuse typically involves theft. While theft is one of the main forms of financial elder abuse, the range of financial elder abuse is much broader than outright theft, encompassing sophisticated schemes and frauds designed to exploit the elderly for financial gain.

Some lesser-known - but by no means rare - types of financial abuse directed at the elderly are outlined below.

Securities Fraud

Securities fraud occurs when a stockbroker, promoter, firm, corporation, investment bank, or insurance agent or retirement planner induces a senior to purchase the security on the basis of false information. More specific types of securities fraud include:

High-yield investment programs: Securities that promise extremely high rates of return, but that are usually too good to be true

Unregistered securities: Typically high risk, complicated offerings that are by law available only to certain kinds of investors

Affinity fraud: The perpetrator targets members of certain groups (e.g., seniors) and claims to be a member of that group to gain the group's trust

Advance fee fraud: The perpetrator asks the victim to pay an up-front fee so that a deal can close and then either vanish or requires additional fees before the investor receives a benefit

Ponzi schemes: A type of investment scam in which existing investors are paid with funds invested by new investors

Probate Fraud

Probate fraud is a type of financial elder abuse in which the perpetrator misrepresents a fact to the victim to induce the victim to change his or her will to benefit the perpetrator. For example, a perpetrator of probate fraud might lie to the victim, telling him or her that a certain family member is dead and that that family member's portion should go to the perpetrator. It can also occur when the perpetrator surreptitiously changes the terms of the victim's will or induces his or her signature on a false will.

Annuity Fraud

An annuity is a long-term insurance product that promises an income stream to the policyholder after a certain period of time. For example, a deferred annuity or a fixed annuity generally precludes withdrawals for at least 10-20 years and charges an exorbitant fee to withdraw early (sometimes as high as 15%). The long waiting periods required before receiving the benefits of an annuity make them an inappropriate financial product for all consumers, especially seniors. Annuity fraud occurs when a broker sells a senior a deferred annuity to earn a commission while obscuring the full terms of the agreement or selling a contract that is unsuitable to the consumer.

Insurance Fraud

Insurance fraud is a type of fraud committed against policyholders by insurance companies that normally involves "bad faith." Examples of bad faith insurance practices include selling inappropriate policies to the victim, failing to disclose the full terms of a policy to the victim, misrepresenting the value of a policy's benefits, falsifying or forging applications and suitability questionnaires, failing to acknowledge or make a payment on a claim, and increasing premiums to unconscionable amounts.

What To Do if You Suspect Financial Elder Abuse

If you suspect you or a family member has been the victim of financial elder abuse, there is help available. It is recommended to contact an attorney that specializes in elder law, as they would be the most qualified to assist with your case.

LivingBetter50 is a magazine for women over 50, offering an over 50 magazine free download for women with spirit!

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Financial Elder Abuse: More than Just Theft - LivingBetter50

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By Living Better on October 12, 2020 Of all forms of elder abuse, there is evidence that financial elder abuse may be the most common. According to the most recent estimates from the U.S. Securities and Exchange Commission, anywhere from 2.7 to 6.6 percent of seniors experience some form of financial exploitation, although the true number is likely much higher due to widespread underreporting.

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3053 Fillmore Street #236
San Francisco, CA 94123

Phone: 415-441-8669

website: www.evanslaw.com

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Arbitration Agreements: Nursing Homes May Soon Be Allowed to Force Seniors to Sign

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Arbitration Agreements: Nursing Homes May Soon Be Allowed to Force Seniors to Sign

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The regulation of Continuing Care Retirement Communities (CCRCs) is shared by the Continuing Care Contracts Section (CCCS) and the Adult and Senior Care Program [CCLD\ASCP] (ASCP), both under the Community Care Licensing Division (CCLD) of the California Department of Social Services. A CCRC provider holds a Residential Care Facility for the Elderly (RCFE) license issued by ASCP and a Certificate of Authority (COA) issued by CCCS.

CCCS assesses financial viability of applicants/providers to monitor their capacity to fulfill the long-term promises they make in their continuing care contracts to residents.CCCS enforces the Continuing Care Contract Statutes (Health and Safety Code, Section 1770 et seq.); evaluates new applicant's and new projects' financial feasibility; issues COAs to enter into continuing care contracts; assesses ongoing financial health of CCRC providers; reviews contracts; and confirms residents and prospective residents are afforded certain disclosures.

ASCP regulates adult and elderly care facilities to ensure licensees are properly providing for the health and safety of the residents.They inspect those facilities to enforce compliance with Title 22 Regulations (courtesy copy), the required level of care and supervision for residents, facilities' condition, and licensees' day-to-day operations.The ASCP issues RCFE licenses, investigates complaints, and issue citations.

Adult and Senior Care Program

The Senior Care Program issues licenses for Residential Care for the Elderly and monitors continuing care retirement communities to ensure compliance with the Title 22 Regulations pertaining to health and safety of residents, care and supervision, quality of service, physical plant, and day-to-day operations. The entire continuing care retirement community must be licensed as a Residential Care for the Elderly before a Certificate of Authority will be issued. Senior Care Program offices are located throughout the state. Senior Care staff conduct monitoring visits to continuing care retirement communities. Locate a Senior Care Program Office.

Continuing Care Contract Statutes (Health and Safety Code, Section 1770 et seq)

The Health and Safety Code is made up of nine articles pertaining to continuing care law. Those articles address: general provisions, application requirements, deposit period, certificate of authority, continuing care contracts, reporting and reserve requirements, actuarial study requirements, offenses and penalties, and appointment of administrators. Continuing Care Contract Statutes (Health and Safety Code, Section 1770 et seq.)

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San Francisco Financial Elder Abuse Attorney: Caregiver Arrested For Theft | Evans Law

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ATTORNEY NEWSLETTER Allegedly Accessed Elderly Victim's PIN Funds Missing From Victim's Bank Account Fraudulent ATM Withdrawals, Transfers And Purchases

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What Is Considered Elder Abuse and What Isn’t?

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What Is Considered Elder Abuse and What Isn’t?

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What Is Considered Elder Abuse and What Isn't? | Evans Law Firm, Inc.

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Do you think elder abuse may be occurring? Learn more about scenarios as to what does and doesn't constitute elder abuse from an experienced elder abuse lawyer.

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Five FAQs Regarding Physical Elder Abuse

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Five FAQs Regarding Physical Elder Abuse

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Attorney General Bonta Issues New Guidance To Protect Elders and Dependent Adults from Abuse

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Attorney General Bonta Issues New Guidance To Protect Elders and Dependent Adults from Abuse

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State of California - Department of Justice - Office of the Attorney General

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OAKLAND - California Attorney General Rob Bonta today announced issuing new guidance on the role and responsibilities of mandated reporters in safeguarding some of the most vulnerable members of our communities - elders and dependent adults. In California, any person who is involved in the care of elder or dependent adults is a mandated reporter. That includes employees of long-term care facilities, health practitioners, and law enforcement professionals. Mandated reporters play a crucial role in protecting the state's elders and dependent adults from abuse and neglect. The California Department of Justice (DOJ) has launched a newly revised curriculum and resources to train mandated reporters on identifying and reporting abuse and neglect of those under their care.

"By fulfilling their legal responsibility to report abuse or neglect, mandated reporters protect the safety and health of California's elder and dependent adults," said Attorney General Bonta. "Too often, these vulnerable adults suffer in silence. It is up to all of us, and especially to anyone involved in their care, to protect them against harm and to ensure they get the comfort and dignity they deserve. To California's mandated reporters - I urge you to go through our resources, learn to spot warning signs, and alert my office immediately if you think an elder or dependent adult is being mistreated. You play a vital role in making California safer for everyone."

Elder abuse is a national issue that threatens some of the most vulnerable members of our communities - according to figures by the U.S. Department of Justice, at least 10% of adults age 65 and older will be a victim of elder abuse in a given year. To fight this, California has laws in place that require caregivers designated as mandated reporters to report any instance of abuse they know or suspect.

California defines a mandated reporter as a person who has assumed full or intermittent responsibility for the care or custody of an elder or dependent adult, whether or not they receive compensation. This includes:

Administrators, supervisors, and licensed staff of long-term care facilities

Elder or dependent adult care custodians

Health practitioners

Clergy members

Law enforcement professionals

Under California law, it is the legal duty of mandated reporters to report known or suspected abuse of elder or dependent adults to the proper authorities. Failure to do so is a crime and may incur stiff penalties. Mandated reporters who report, as required by law, are protected from civil and criminal liability that stems from filing the report, and are guaranteed certain confidentiality rights. If an employer takes adverse action against an employee for filing a mandated report, that employer can be criminally investigated and prosecuted.

Abuse of an elder or dependent adult can present in a variety of different forms, including physical or sexual abuse, neglect and abandonment, financial exploitation, or psychological harm. DOJ's updated training curriculum provides information on the different kinds of abuse, and warning signs mandated reporters should look out for, such as bruises, burns, drugging, untreated skin disorders, inadequate clothing, unpaid bills, and missing checkbooks or legal documents.

The curriculum also provides tips and information on reporting instances of suspected or known abuse.

Those who seek to report such instances may do so by:
Sending a written complaint by mail to:
California Department of Justice
Division of Medi-Cal Fraud Elder Abuse
P.O. Box 944255
Sacramento, CA 94244-2550
Calling the hotline:
Phone Toll-free: (800) 722-0432
Attorney General's Division of Medi-Cal Fraud & Elder Abuse
Phone Toll-free: (800) 822-6222
Department of Health Services
Or submitting a complaint online at:
Website: https://oag.ca.gov/dmfea/reporting

The Attorney General's Division of Medi-Cal Fraud and Elder Abuse (DMFEA) works aggressively to protect senior residents in nursing homes and other long-term care facilities from physical and financial abuse or neglect. Elder abuse in any form is not tolerated. For more information about the Division of Medi-Cal Fraud and Elder Abuse please visit DMFEA's website at oag.ca.gov/dmfea/ or email DMFEAOutreach@doj.ca.gov.
DMFEA receives 75% of its funding from HHS under a grant award totaling $53,792,132 for federal fiscal year 2022-2023. The remaining 25% is funded by the State of California. The federal fiscal year is defined as October 1 through September 30.
The revised training curriculum for mandated reporters can be found here.

More details on mandated reporters, including a new informational video, can be found here.

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Attorney General Bonta Issues New Guidance To Protect Elders and Dependent Adults from Abuse

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In Spanish In Tagalog OAKLAND - California Attorney General Rob Bonta today announced issuing new guidance on the role and responsibilities of mandated reporters in safeguarding some of the most vulnerable members of our communities - elders and dependent adults. In California, any person who is involved in the care of elder or dependent adults is a mandated reporter.

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Spotting Neglect And Abuse Of Older Loved Ones And Neighbors

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Spotting Neglect And Abuse Of Older Loved Ones And Neighbors

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Burlingame Elder Abuse And Financial Elder Abuse Attorneys: Spotting Neglect And Abuse Of Older Loved Ones And Neighbors | Evans Law

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ATTORNEY NEWSLETTER Various Forms Of Elder Abuse Spotting Elder Neglect And Abuse Protections And Remedies For Victims The National Council on Aging says

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NURSING HOME ABUSE: 1 IN 4 CASES GO UNREPORTED

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NURSING HOME ABUSE: 1 IN 4 CASES GO UNREPORTED

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DETAILS:https://ca-san-francisco.cataloxy.us/firms/evanslaw.com/news/4924_nursing-home-abuse-1-in-4-cases-go-unreported.htm

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Taking action in cases of nursing home abuse is vitally important, both to obtain compensation for the abuse victim and to ensure the care facility is held accountable for the abuse that occurred. Read on to learn more.
Unfortunately, far too many cases of nursing home abuse are not reported, victims and their families are never able to take action, and abusive staff members get away with harming residents. In fact, a recent government audit from the Office of the Inspector General for the Department of Health and Human Services revealed that a substantial number of cases of nursing home abuse are not being reported to law enforcement officials.
Too Many Nursing Home Abuse Cases Are Often Not Reported
According to the report from the Office of Inspector General, as many as one in four cases where potential physical abuse or sexual abuse has occurred in a nursing home are not reported to local police. Of the cases that have gone unreported, around four out of five may have involved potential sexual abuse or rape within a nursing home setting, according to the report.

The auditors also identified a total of 134 cases in which hospitalization records revealed potential sexual abuse or physical abuse over a two-year period. In 38 of those cases, or a total of 28 percent, investigators could not find any records that the incident leading to hospitalization had been reported to law enforcement. California had the fourth highest number of such incidents, led only by Illinois, Michigan and Texas.

The Inspector General's report lays much of the blame for this lax reporting on Medicare, which has allegedly failed to enforce federal laws requiring immediate notification to law enforcement when there is suspicion of abuse. The Inspector General believes Medicare should be looking closely at computer billing records in order to find signs of abuse because those records may indicate examination charges, ER visits, ambulance trips and the like.

The Inspector General investigated actions taken in as many as 33 states and reviewed a large sampling of cases before issuing an "early alert" based on preliminary findings that abuse is going unreported. An audit manager from the Inspector General's office commented that the early alert was prompted by a desire to "stop this from happening to anyone else."

Preventing abuse and neglect and ensuring that it is properly reported so that an appropriate investigation can be undertaken, are vital to protecting vulnerable nursing home residents. This will become an even bigger issue in upcoming years, as there are already 1.4 million people nationwide living in nursing homes and the nursing home population is expected to grow as baby boomers age.

Medicare responded to the allegations by indicating the agency would wait to comment further until the Inspector General's report has been completed. However, some lawmakers are calling for immediate action in light of the fact so many instances of serious abuse are not being reported to authorities.

It is unclear whether any regulations will change, but it is clear that under current rules, far too many cases of abuse are not being properly addressed. If you are one of the abuse victims, or if your loved one has been abused, an elder abuse attorney can provide help taking legal action to ensure the care facility is held liable for losses. Contact an attorney as soon as possible.

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california financial elder abuse attorney

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Nursing Home Abuse: 1 in 4 Cases Go Unreported. Evans Law Firm, Inc., San Francisco - Directory of companies Cataloxy.us

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Taking action in cases of nursing home abuse is vitally important, both to obtain compensation for the abuse victim and to ensure the care facility is held accountable for the abuse that occurred. Read on to learn more.

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IRA Lawsuit Shows Why Advisors Must Watch for Elder Financial Abuse

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IRA Lawsuit Shows Why Advisors Must Watch for Elder Financial Abuse

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What You Need to Know

A woman alleges her uncle abused her late grandmother and coerced her to change beneficiary amounts.

Advisors with aging clients should put safeguards in place early on and should treat beneficiary changes with caution.

Hiring professionals to hold power of attorney or execute a will can help families avoid conflicts of interest.

A court fight over a recently deceased grandmother's $5 million IRA illustrates the need for advisors to be aware of potential financial manipulation and other elder abuse.

In a new lawsuit in Florida, an Idaho woman alleges that her uncle mentally and verbally abused her grandmother when he was supposed to be caring for her and coerced her into changing the beneficiary designations on her Charles Schwab IRA in his favor.

The grandmother, who for many years acted as legal guardian for the plaintiff and her brother, had designated the pair as her main IRA beneficiaries, at 47% each, according to the lawsuit.

She had designated her son (the plaintiff's uncle) as a 3% beneficiary, and earmarked 1% each for his three children, the complaint says, contending it had been the grandmother's long-standing intention that the account would pass according to that division.

When she died in December, the grandmother, who had been living in Florida, had long been suffering "from the infirmities of aging, making her susceptible to manipulation and undue influence," the lawsuit says.

While the son was supposed to have been her full-time caregiver, he instead abused his mother, the lawsuit alleges. The two grandchildren she had raised discovered the alleged abuse when they stepped in shortly before she died, the suit says.

Once in the grandchildren's care, the grandmother reported that she "became a prisoner in her own home" under her son's oversight. She reported that her son took her cell phone to keep her from contacting anyone, mismanaged her medications to the point she required hospitalization, and that she was starved and left alone, the suit says.

The grandmother reported "the gaslighting, screaming, criticizing, shaming, humiliation and control exerted" by her son drove her to a suicide attempt, which led to her being hospitalized, the lawsuit alleges. While in the hospital, she was able to contact the two grandchildren she had raised, who stepped in to help her, the complaint says.

The suit alleges that the son used undue influence, coercion and duress to make her change her beneficiary designation, increasing the son's amount to 30% from 3%, and lowering the granddaughter and grandson's shares from 47% each to 29% and 30% respectively.

In addition to seeking damages against the uncle, the complaint notes that Schwab has been placed on notice that there was a pending dispute over entitlement to the funds, and asks the court to require the company to place the funds under court control.

While the lawsuit didn't indicate any involvement by a financial advisor, there may be lessons for advisors with vulnerable clients.

A Common Problem

"While it may be straightforward to apprehend someone stealing cash from a nursing home resident's nightstand, instances where a family member coerces a senior into changing their will on their deathbed pose significant challenges for detection," John Henry, Story Makers Investment Advisors president and CEO, told ThinkAdvisor by email.

"Seniors who are mentally incapacitated or otherwise vulnerable may not recognize that they are being abused," and if family members are perpetrating the abuse, "seniors may be hesitant to report it, even if they recognize it," Henry said.

"In cases where seniors experience abuse towards the end of their lives, they may become unavailable as trial witnesses," he added.

Financial advisors play a crucial role in preventing these types of crimes, Henry said.

Seniors consulting with financial advisors during early stages of retirement planning can better protect their assets and wishes with an effective safeguard, such as establishing the right type of financial power of attorney, a legal directive that limits or eliminates decision-making by anyone other than the senior or a trusted representative, he said.

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IRA Lawsuit Shows Why Advisors Must Watch for Elder Financial Abuse | ThinkAdvisor

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A woman alleges her uncle abused her late grandmother and coerced her to change beneficiary amounts.

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Los Gatos Financial Elder Abuse Attorneys: Financial Power Of Attorney Abuse | Evans Law

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ATTORNEY NEWSLETTER How Agents Steal From Seniors By POA Case Example Of Large Theft By POA Legal Consequences For Dishonest Agents Financial powers of

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Seniors are one of the most vulnerable populations in our society. For most of us, it is difficult to understand how someone could possibly take advantage of an elderly person, especially through physical abuse. However, the sad reality is that elder abuse occurs all too frequently, particularly in nursing homes where abusers exercise a great deal of control over their victims. Recent studies have estimated that as many as 24.3% of nursing home residents have experienced at least one incident of abuse.

While there is no single explanation as to why nursing home abuse occurs, most incidences of it usually involve one or more of the following phenomena.

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Concerned that a loved one is experiencing nursing home abuse? Learn more about why it occurs from an experienced elder law attorney.

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There are very specific laws regulating nursing homes located in California. Each facility must be properly licensed, inspected, and certified, through several different agencies which work on both a state and federal level. This stringent oversight is designed to help prevent nursing home abuse and neglect. All nursing home facilities and regulations are handled by the California Department of Public Health, Licensing and Certification Division. This department is designed to ensure any facilities that accept payments through Medi-Cal, Medicare, or Medicaid will comply with all regulations for proper resident care.

California nursing home laws cover four requirements that are considered to be basic to the care of residents who are living in a nursing facility. These four things include:

Ensuring the patient is assisted in receiving physical, mental, and medical wellbeing.

Ensuring the patient does not get worse unless it is unavoidable.

Ensuring the patient has maintained or even improved health through medical care and treatment.

Ensuring the patient has the right to choose, but that care and therapies are available to the patient.

The nursing home must also meet certain requirements for Title 22 licensing, which we will discuss next.

The Requirements for Title 22 Licensing

Title 22 is a California law that outlines the requirements every nursing home must follow in the state of California. Anytime there is a concern of abuse or neglect, it is vital that the attorney hired on the part of the family have specific experience with Title 22, which outlines how the nursing home handles patient living. This law covers such things as:

The food service provided

The personal care provided

The nursing home's supervision and observation of residents

Planned activities available for residents

Safe living accommodations available

The nursing home providing arrangements for dental and proper medical care as well

If a nursing home fails to handle these things properly, then they could be at risk of lawsuits as well as problems with their certification.

The Elder Abuse and Dependent Adult Civil Protection Act

California also adopted at act called the Elder Abuse and Dependent Adult Civil Protection Act. Made into law in 1990, it has helped to lower the number of cases of nursing home abuse. Patients who have been abused can get the help of an attorney to seek punitive damages as well as attorney's fees to help thwart the abuse activity in the future. This act defines nursing home abuse as a civil action, which means more damages can be sought after.

Nursing Home Abuse Laws on Standard of Care

Laws in California also ensure that any nursing home resident has the right to a certain standard of care, which includes proper nutrition. Proper diets must be provided and patients should always be given a supply of liquids to avoid dehydration. Additionally, standards of care indicate that all nursing home residents have the proper assistance for hygiene, including clean linens and clothing, eating, bathing, and the brushing of teeth. If these standards of care are not met, then the nursing home is legally responsible and could be cited. Additionally, this could be grounds for a lawsuit in an abuse case.

The state of California provides a number of laws in order to help prevent nursing home abuse. That is because so many cases are reported or go unreported every year. It is vital that as many of these cases are handled as quickly as possible. Loved ones of patients should seek an attorney that has specific experience with nursing home abuse cases as well as state laws in California to ensure the nursing home is properly penalized.

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There are very specific laws regulating nursing homes located in California. Each facility must be properly licensed, inspected, and certified, through several different agencies which work on both a state and federal level. This stringent oversight is designed to help prevent nursing home abuse and neglect. All nursing home facilities and regulations are handled by the […]

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Comprehensive Guide to Senior Living & Housing

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Comprehensive Guide to Senior Living & Housing

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Comprehensive Guide to Senior Living & Housing

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Get a comprehensive guide to senior living housing from Evans Elder abuse lawyers to help protect your loved one. Contact us more help.

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Quality Nursing Homes For Individuals With Mental Health Issues Are Harder to Access

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Quality Nursing Homes For Individuals With Mental Health Issues Are Harder to Access

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Abuse and neglect of vulnerable nursing home residents is illegal and can result in criminal charges as well as a civil lawsuit. Elder abuse lawyers can provide representation when abuse occurs and can help victims and their families successfully pursue a claim for compensation in cases where a senior is harmed due to poor care at a nursing home. It is, of course, better to prevent abuse than to take action after it has occurred. This is why it is so important to research care facilities to ensure the right living environment is found for seniors. Unfortunately, as Reuters explains, top-quality nursing homes can be much more difficult to access for people with mental health issues.
Patients with Mental Health Issues Face Difficulty Finding Nursing Homes
According to Reuters, researchers examined approximately 3.7 million admissions to a total of 15,600 different nursing care facilities between 2012 and 2014. These admissions records were studied from nursing homes across the United States.

The research revealed that patients suffering from either anxiety or depression were around eight percent less likely to be admitted to nursing homes that had received a five-star Medicare quality rating compared with people who did not suffer from mental health problems.

For patients suffering from other more severe mental health issues, the odds of being admitted to a five-star rated nursing home were even worse. Patients who suffered from bipolar disorder were 11 percent less likely to be admitted to a nursing home with the highest rating compared with patients who had no mental health issues.

Schizophrenic patients had a 28 percent lower chance of admission compared to patients with no mental health problems, while those with substance abuse issues had a 27 percent reduced chance of admission and those with personality disorders had a 32 percent lower chance of being admitted.

Medicare assigns its ratings based on factors including health inspection results, levels of staffing compared with patients, and other quality benchmarks. When patients are not able to access the highest rated nursing home facilities, their level of care suffers as a result.

Even patients with common conditions that are relatively easy to manage, such as depression and anxiety, can find themselves facing this discrimination. This could mean they receive a reduced level of care when they are older and must move into a nursing facility.

Regardless of whether a patient has mental health issues or not, all patients deserve the highest quality care in nursing facilities. If you or someone you love is the victim of abusive or neglectful behavior, the compassionate and knowledgeable elder abuse lawyers at our firm can provide assistance.

Our firm has helped clients take action against large nursing home chains as well as local institutional facilities, and we have the knowledge to ensure that homes are held accountable. Contact us today to find out more.

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Quality Nursing Homes For Individuals With Mental Health Issues Are Harder to Access

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Abuse and neglect of vulnerable nursing home residents is illegal and can result in criminal charges as well as a civil lawsuit. Elder abuse lawyers can provide representation when abuse occurs and...

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When financial fraud becomes elder abuse

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When financial fraud becomes elder abuse

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Elder abuse is more than physical violence or depriving of necessities, and in some severe cases, it is an attack on the mental and financial well-being of elderly people that can lead to the loss of savings or a broken heart

Elderly Americans, those 60 years old and above, are generally considered to be a vulnerable class - and with age comes concerns about physical health, mental agility, and overall security. While it is important to look out for the physical safety of the potential victim when looking at elder abuse, financial abuse often can be just as harmful.

Traditional elder financial abuse would likely come in the form of a close acquaintance taking advantage of their relationship with the victim to take possession of their property or money. This abuse could include manipulation to get expensive jewelry or convincing a vulnerable person to disclose bank codes allowing the illicit actor to drain the victim's accounts.

While these are crimes, of course, they are much easier to catch and protect against than other types of financial fraud. In fact, bank employees are now encouraged to look for the signs of this type of manipulation and actively take steps to prevent it. However, less traditional financial abuse is becoming more concerning.

With theft by fraud skyrocketing - losses jumped to more than $10 billion in 2023, from $2.4 billion in 2019 - the rapid rate of is growth should put people (especially those in more vulnerable situations, like the elderly) into a more defensive and skeptical position. Indeed, elderly individuals are disproportionally vulnerable to this more complex and harder to detect type of theft.

In its 2023 report, the FBI's Internet Crime Complaint Center (IC3) indicated that individuals under the age of 20 were the demographic least impacted by scams and fraud with only 18,000 reported victims, while those 60 years old and older saw more than 101,000 reported victims.

Understanding the root cause of elder fraud

Yet, to more fully understand the problem that some elders are facing you must first look at the root. Desperation and greed are among the reasons scammers have ramped up the use of schemes that will get money quickly from elderly victims. Scammers also look for options that have the lowest risk, so when considering crimes, they see elderly individuals as prime targets for several reasons, including:

They assume that elderly individuals are the most likely to have disposable income or savings. While younger individuals are beginning their careers and are just starting to earn money, elderly individuals have had time to amass savings and often have disposable income available for use and investment.

Elderly people are often less knowledgeable about the complexities of technology, including newer ways of investing. This lack of understanding around recently developed technology platforms making it easier to manipulate the victim. This would include venues like dating apps or digital currency platforms.

The older the population gets, the more likely they are to be retired, widowed, or lonely. Often, this leads to elderly individuals seeking companionship or friendship; and sometimes, looking for those connections online can open up a whole different world of (unverified and anonymous) people with whom to connect.

Elderly people also tend to adhere to more conservative beliefs, keeping finances to themselves and not asking for help. So, during manipulation and even after a financial loss, elderly victims are often left in a situation in which they are less likely to speak about it. This makes reporting, prevention, and tracking more difficult.

This spring, several government agencies - including the Financial Industry Regulatory Authority (FINRA), the U.S. Treasury's Financial Crimes Enforcement Network (FinCEN), and the AARP (formerly the American Association of Retired Persons) - all took notice of the situation and issued warnings or guidance on the increases in elder financial crime, a stark reminder of this widespread problem.

In fact, FinCEN found that between June 2022 and June 2023, it had received 155,415 Elder Financial Exploitation (EFE)-related Bank Secrecy Act (BSA) reports associated with more than $27 billion in reported suspicious activity, which may include both actual and attempted transactions. It is important to note that this is only the number that was reported and does not account for instances in which individuals did not catch on to the fact they were the victim of a scam or instances in which the loss was not reported for other reasons. Further, an AARP report says that more than 40% of Americans (an estimated 141.5 million adults) say they have lost money to scams or had sensitive information obtained and used fraudulently.

While it is easy to count how much money is lost, it's not as easy to count the number of individuals who suffer from depression or even suicidal attempts as a result of being scammed.

Elders are now facing many complex scams that are aimed at taking advantage of them in more significant ways. In 2023, the Top 5 scams reported to the IC3 were: tech support scams, personal data breaches, romance and confidence scams, product scams (non-payment or non-delivery), and investment scams. IC3 reports that the losses to investment scams alone totaled more than$1 billion in 2023.

And there is another factor that most people don't even consider in the aftermath of a tremendous financial loss. While it is easy to count how much money is lost, it's not as easy to count the number of individuals who suffer from depression or even suicidal attempts as a result of being scammed. For example, a 74-year-old retired teacher in Tennessee who was scammed for nearly $100,000 ultimately took his life as a result. In this case, the scammers were caught, but it highlights how these crimes need to be taken seriously.

Eva Velasquez, a former investigator for the San Diego District Attorney's Office and who now serves as president and CEO of the nonprofit Identity Theft Resource Center, said the organization's most recent study noted a sharp increase in the number of fraud victims who reported having thoughts of suicide after being conned.

What is clear is that it is important to educate elderly Americans on the use of technology and the reg flags they will inevitably come across, especially online. It is also important to continue to report and track these elderly financial abuse scams in order to try to prevent them in the future.

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When financial fraud becomes elder abuse - Thomson Reuters Institute

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Elder abuse often is more than physical violence, it attacks the mental & financial well-being of victims & can lead to the loss of savings.

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Marin County Financial Elder Abuse Attorneys: Abuse Of Financial Powers Of Attorney | Evans Law

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ATTORNEY NEWSLETTER Only Grant Powers Of Attorney To Trusted Individuals Risk Of POA Abuse Powers Of Attorney And Financial Elder Abuse Powers of Attorney

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California worst state for elder-abuse protections, study says

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California worst state for elder-abuse protections, study says

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by: WalletHub

Posted:

Updated:

This is an archived article and the information in the article may be outdated. Please look at the time stamp on the story to see when it was last updated.

A new study released by WalletHub ranked California at the bottom of States with the Best protections for the elderly population.

"Falling prey to financial abuse can have dire consequences for anyone, but our older population is particularly susceptible. Abuse can greatly impact their ability to afford basic necessities, especially since many seniors are on a fixed income," WalletHub analyst Cassandra Happe said.

Best and worst elder-abuse protections among 50 states and D.C.

The U.S. Census Bureau predicts that the population aged 65 and older will almost double from 49.2 million in 2016 to 94.7 million in 2060.

WalletHub compared the 50 states and the District of Columbia based on 16 key indicators of elder abuse protection in three overall categories. The data set ranges from the share of elder abuse, gross neglect and exploitation complaints to financial elder-abuse laws.

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California worst state for elder-abuse protections, study says

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A new study released by WalletHub ranked California at the bottom of States with the Best protections for the elderly population. "Falling prey to financial abuse can have dire consequences for anyone, but our older population is particularly susceptible. Abuse can greatly impact their ability to afford basic necessities, especially since many seniors are on [...]

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Seniors May Suffer Physical And Financial Elder Abuse From Their Caregivers

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Seniors May Suffer Physical And Financial Elder Abuse From Their Caregivers

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Marin And San Francisco Bay Area Elder Abuse Attorney: Seniors May Suffer Physical And Financial Elder Abuse From Their Caregivers | Evans Law

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ATTORNEY NEWSLETTER Physical And Financial Abuse Of The Same Victim Multiple Charges In One Case Example Remedies For Victims And Families Sadly,

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San Francisco CA Financial Elderly Abuse Lawyer Evans Law Firm, Inc

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San Francisco CA Financial Elderly Abuse Lawyer Evans Law Firm, Inc

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San Francisco CA Financial Elderly Abuse Lawyer   Evans Law Firm, Inc

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Here are the rules that help prevent elder financial abuse in California

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Here are the rules that help prevent elder financial abuse in California

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Here are the rules that help prevent elder financial abuse in California

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More than 200,000 cases of elder abuse are reported annually in California, and our state’s financial elder abuse laws are some of the strictest in the nation.

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Caregiver Fraud On Their Elderly Patients

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Caregiver Fraud On Their Elderly Patients

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Alameda County Financial Elder Abuse Attorney: Caregiver Fraud On Their Elderly Patients | Evans Law

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ATTORNEY NEWSLETTER Caregiver Allegedly Redirected Senior’s Pension Benefits Benefit Profiles Changed Online Protecting Older Loved Ones Dishonest