Elder Abuse

September 20, 2018

The “Free Lunch” Scam Used on Seniors for Financial Abuse

Thousands of elders become victims of financial abuse each year. Studies have sought to determine why so many elders fall prey to financial scams, and by and large, it is the vulnerability of elders that puts them at greatest risk for being victimized. Whether that abuse is initiated via phone scams, where thieves claim to be from the IRS, or via people who are trying to scam elders via a trust mill, there are a lot of people seeking to take advantage of elders in California.

Senior seminars, which advertise a free lunch, are yet another common scam used for financial predators to target potential victims. The scam works like this:

*There is a “Senior Seminar” advertised/offered which provides a free lunch.

September 6, 2018

Tips for Securing Sensitive Information for your Elderly Loved One

By Walton Law, A.P.C.

There are plenty of opportunists (read: criminals) looking for ways to obtain the sensitive, personal information of seniors. From digging through trash, to stealing from mailboxes, identity theft is alive and well in 2015. Many criminals specifically seek out the information of California seniors, who may be more vulnerable to having their identity stolen.

While there is no foolproof way to guarantee that your private information (date of birth, bank account numbers, social security number, etc.) won’t fall into the hands of someone with bad intentions, there are things you can do to reduce the likelihood that you or an elder you love will fall prey to identity theft.

Shred Everything

July 20, 2018

Females are More Likely to be Abused, Studies Show

By Walton Law, A.P.C.

Nearly 70% of elder abuse victims are women, according to the Bureau of Justice Statistics. It is worth noting that the population of elder women is much larger than the population of elderly men in the United States, however, that does not make these alarming statistics any less disturbing.

Why are women the victims of elder abuse more often than men? There are a few reasons most experts tend to agree upon.

Elderly females may be seen as easier targets for physical, financial, emotional, or even sexual abuse.

July 6, 2018

Proving Elder Abuse in Southern California when a Loved One has Passed Away

By Walton Law, A.P.C.

In California, the family of an elder who has passed away due to nursing home neglect or abuse has the right to file a lawsuit against the perpetrators seeking damages for the pain and suffering the elder was subjected to, and the wrongful death caused by the neglect.

To prove that an elder died in a California nursing home due to neglect, experienced California elder abuse attorneys will help you complete a thorough investigation to determine whether the evidence supports the necessary elements to prove the defendant failures caused the death. The following include some of the criteria that will be analyzed:

1.Supplying the necessaries of nutrition, hydration, hygiene or medical care for an elder or dependent adult;

June 6, 2018

California Nursing Home Residents’ Health Changes Often Go Unreported

By Walton Law, A.P.C.

By law, the staff members employed by California nursing homes are required to report health changes observed in the elders residing in their facilities. Unfortunately, all too often these changes are unreported. The change in condition of a resident may not be reported for a variety of reasons, including fear that the nursing home be may fined for understaffing, or neglecting California elders residing within the facility. In other cases, a resident who has experienced a rapid deterioration in condition, may indicate that isolation, neglect, or even abuse is occurring within a facility.

Failure to report changes in condition to an elder’s doctor and family members is a violation of the law.

Changes in an elder’s condition which must be reported may include, but is not limited to:

May 20, 2018

An Overview of Elder Isolation

By Walton Law, A.P.C.

Isolation is a form of Elder Abuse in California, per California Penal Code §15610.43. Elder abuse is a violation of the rights of elders by those charged with caring for them in facilities, such as California nursing homes. California nursing homes are required to provide reasonable care, and any intent to do otherwise constitutes a criminal action.

Elder Isolation may include:

*Any intentional actions, which prevent an elder resident from making or receiving phone calls, or having contact with family and friends outside of their residential, nursing facility.

May 6, 2018

Financial Elder Abuse – The Warning Signs

By Walton Law, A.P.C.

In California, financial elder abuse is defined in Welfare and Institutions Code Section 15610.30. The code states: “Financial abuse of an elder or dependent adult occurs when a person or entity… takes, secrets, appropriates, obtains, or retains [or assists in doing any of these] real or personal property of an elder or dependent adult for a wrongful purpose or with intent to defraud or both.”

Although financial abuse is far too prevalent, the best defense against opportunists who would seek to defraud elders out of their money, property or belongings, is preventing the abuse in the first place. Although there is no surefire way to ensure that your loved one’s finances are protected at all times, there are warning signs to look for, which can indicate that financial abuse is taking place.

In an effort to best protect a loved elder from financial abuse including a loss of their property, assets or money, be on the lookout for these warning signs that a caregiver, a family member or even a staff member at a California nursing home is victimizing elders:

April 20, 2018

How to Choose an In-Home Caregiver in California for Your Loved One

By Walton Law, A.P.C.

For many Californians the time comes when their loved elderly parent or family member may need some help within their home. Whether they need help with meal preparation, personal health and hygiene, or just some help around the home and with errands, finding the right person to care for your elder can be stressful.

Types of in-home caregivers for elders may range from a weekly housekeeper to a certified nursing assistant, or skilled care worker. The range of services provided may be cleaning the home, dispensing medication, helping the elder with transportation, or home care workers may help with personal care such as bathing, and monitoring overall health.

Once you determine the type of care your loved elder needs, there are many places to find compassionate, qualified in-home caregivers. Consider beginning your search by asking for referrals from friends and family, or from a doctor specializing in senior care. You can also check job postings such as those found in the newspaper, or online on sites including www.Caring.com.

April 6, 2018

The Warning Signs of Depression in Elders

By Walton Law, A.P.C.

According to WebMD, “Clinical depression in the elderly is common. That doesn’t mean it’s normal. Late-life depression affects about 6 million Americans age 65 and older. But only 10% receive treatment for depression.”

Depression in elders can be particularly troubling, as it tends to increase the likelihood of prolonged illnesses, and/or the onset of disease. WebMD states: “Depression in the elderly often increases their risk of cardiac diseases. Depression doubles an elderly person’s risk of cardiac diseases and increases their risk of death from illness. At the same time, depression reduces an elderly person’s ability to rehabilitate. Studies of nursing home patients with physical illnesses have shown that the presence of depression substantially increases the likelihood of death from those illnesses. Depression also has been associated with increased risk of death following a heart attack. For that reason, making sure that an elderly person you are concerned about is evaluated and treated is important, even if the depression is mild.”

Signs and symptoms of depression in elders may include:

March 20, 2018

Department of Health and Human Services’ “Elder Justice Roadmap”

By Walton Law, A.P.C.

The Department of Justice and the Department of Health and Human Services have released “The Elder Justice Roadmap” on their website: www.hhs.org:

Supported by the Department of Justice (DOJ) and the Department of Health and Human Services (HHS), the Elder Justice Roadmap was developed by harnessing the expertise of hundreds of public and private stakeholders from across the country and by gathering their input. The goal of these expert summits was to identify the most critical priorities and concrete opportunities for greater public and private investment and engagement in elder abuse issues. The Elder Justice Roadmap reflects the knowledge and perspectives of these experts in the field and will be considered by the Elder Justice Coordinating Council and others in developing their own strategic plans to prevent and combat elder abuse.

“The Roadmap Project is an important milestone for elder justice,” said Associate Attorney General Tony West. “Elder abuse is a problem that has gone on too long, but the Roadmap Report released today can change this trajectory by offering comprehensive and concrete action items for all of the stakeholders dedicated to combating the multi-faceted dimensions of elder abuse and financial exploitation,” he explained. West continued, “While we have taken some important steps in the right direction, we must do more to prevent elder abuse from occurring in the first place and face it head on when it occurs.”