Elder Law

Friday, September 21, 2018

Court Protects Spiderman’s Creator from Possible Undue Influence

Q: How can elders be protected from undue influence or abuse?

It would be hard to imagine Spiderman or Black Panther falling victim to elder abuse. But plenty of people without superpowers are vulnerable to physical, emotional or financial elder abuse or exploitation.

Maybe even those who create our invincible superheroes—like the Marvel Comics legend, Stan Lee, who is now 95 years old and widowed.

Read more . . .

Tuesday, June 19, 2018

Five Ways Medicaid Asset Protection Planning Can Benefit You

Eventually, you may need to place a family member in a nursing home or assisted care facility. Unfortunately, the cost of long-term care is increasing each year. The average cost per month for a nursing home in California was approximately $7,450 for a semi-private room according to one

Read more . . .

Sunday, January 7, 2018

Seniors Claim Staff Abandoned Them During Fire

Q: Is alleged abandonment by staff and failure to evacuate assisted living residents during a fire considered elder abuse?

You don't have to live near the California wildfires to have nightmares about losing your home or your life in a fire.

California elder abuse attorneys claim that several elderly residents of an assisted living facility were allegedly "abandoned by staff members while the facility burned during the deadly ‘Tubbs Fire’ in October.”

Reportedly, the three staff members who were responsible for approximately 70 elderly and disabled residents "including a few dozen elders with dementia in a locked unit" did not have a workable evacuation plan when the fire broke out.
Read more . . .

Monday, August 7, 2017

Don't Mess with Mama

Q: How can I prevent my parent from elder abuse and fraud?

She gave you life, taught you right from wrong, and stood by you each step of the way, keeping you safe from harm. Of course, we are talking about your mama.

But will you be ready to protect her (or dear old dad) when the time comes?

Guardianships for seniors, also referred to as conservatorships, can help us protect our loved ones when they are no longer able to make safe and sound decisions or they become vulnerable to fraud or undue external influences.
Read more . . .

Friday, June 9, 2017

Preventing Nursing Home Falls and Elder Abuse in California

Q: How can elder abuse and nursing home falls be prevented?

In the good ol’ days, extended families comprised of several generations often lived together in family “compounds”, making it easier for younger generations to look after older generations because they all lived under one roof or in neighboring houses.

A historical shift towards more independent living and the younger generations’ migration to urban areas, coupled with the increase in life expectancy due to medical advances-- while widely regarded as progressive and positive--presented a host of new problems for caring for our senior citizens who had no one to care for them on a daily basis. This new reality led to the development of what we now refer to as elder law-- a series of rules and regulations enacted to provide for and protect the elderly.
Read more . . .

Monday, April 17, 2017

What Constitutes Elder Abuse in California?

As a family member or loved one gets older, it can be more challenging to make decisions regarding their health and safety. Sometimes, the best option is to have the person reside in a facility and/or have their wellbeing entrusted to outside caregivers.

It is estimated that there are millions of cases of elder abuse that go unreported in the United States each year. Elder abuse is considered a serious offense and can occur to just about anyone.

However, many instances of abuse are hidden and occur at the hands of trusted people like a family member, child, or a caregiver.
Read more . . .

Friday, March 31, 2017

No One Puts Granny in the Corner—or Steals Her Money

Q: What forms of abuse are elders vulnerable to?

Unfortunately, elder abuse is alive and rampant in California and throughout the country, with people seemingly everywhere ready to prey on unsuspecting, vulnerable seniors.

A recent San Francisco arrest sounds like something straight out of Dirty Dancing.

Fans of the iconic movie set in a fictional 1950s Catskills area summer resort may remember the Schumachers –a resort-hopping, serial-wallet-lifting couple who stole wallets from unsuspecting guests at Kellermans, the Sheldrake, and countless similar resorts from Florida to Arizona before being arrested.
Read more . . .

Tuesday, December 13, 2016

Lawsuit Highlights Discrimination Against LGBT Seniors

Can elderly LGBT residents of senior living centers sue over discrimination or harassment based on gender identity or sexual orientation?

A recently filed federal lawsuit accuses managers of a residence for seniors of turning a blind eye toward mistreatment of one of its lesbian residents.  

The 69-year-old plaintiff had moved into the senior living facility after her partner of 30 years succumbed to cancer. When residents learned that she was gay, she was subjected to insults and physical abuse.

Lawsuit Could Change How Senior Living Centers Treat Gay and Transgender Residents

According to papers filed in her lawsuit, the management failed to protect the plaintiff even after she was shoved, spat upon, and assaulted. Administrators allegedly not only failed to protect her but also retaliated against her because of her complaints and tried to get her evicted.

Read more . . .

Monday, November 21, 2016

What happens to your mortgage when you die?

We’ve lost a lot of legends this year, from David Bowie, Natalie Cole to Prince. And while it may seem fairly normal for a Regular Joe to die without a will, it seems really strange to find out that stars like Prince, someone with an all-access pass to consultants and attorneys, would die intestate.

The world was shocked to learn that Prince didn’t have a will and that his remaining family members were fighting over his estate in Paisley Park. What will become of his estate remains to be seen, but it will likely be passed on under the laws of intestacy for Minnesota, where Prince’s

Read more . . .

Saturday, October 15, 2016

New California Law Helps Seniors Avoid "Observation Status" In Hospitals

What are the medical and financial risks for elderly patients placed under observation? 

Elderly patients who are placed under "observation" are often under the mistaken impression that they have been formally admitted to the hospital and that their care will be covered by insurance. They may even spend days or weeks in a hospital room while still under observation. In many instances, they are never told about their status. But being under observation means less medical and nursing care for seniors and less insurance reimbursement, leaving patients with huge bills.

Read more . . .

Thursday, September 22, 2016

Nursing Care Bill Seeks Changes in Rights of Seniors

How much control do elderly patients have over their medical care when incapacitated in a nursing home?

Proposed legislation in California has elder care advocates concerned—and illustrates the need for seniors to make sure they are legally protected in advance of a medical problem.

Legislation Would Give Nursing Homes New Powers to Make Decisions for Elderly Patients

The bill, SB 503, covers the procedures for treating “unrepresented” patients at nursing homes. These are patients who are unresponsive or unable to give "informed consent" to treatment. A previous law dealing with this situation was found to be unconstitutional.

Read more . . .

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