Archive for May, 2010

Combat Elder Law Abuses in Your Community (“Do try these at home!”)

Tuesday, May 25th, 2010

In preparation for World Elder Abuse Awareness Day (June 15th), we are sharing some program highlights from the Archstone Foundation Elder Abuse & Neglect Initiative that were shared with us via newsletter. Our hope is that these programs, which are setup to be duplicated, will spread throughout Southern California and finally start to tackle some of these elder abuse issues we fight every day. Thank you for reading these and for passing them along.

Senior Center Protection Plan, by the Fair Lending Project for Seniors

Fighting scams at senior centers takes a multidisciplinary team effort that is comprehensive instead of piecemeal.  Our project develops a county-wide awareness campaign about financial exploitation occurring in senior centers and a step-by-step plan that cities can use to protect seniors from harm.  A coalition of senior center directors, the District Attorney’s Office, local legal services agencies, city policy planners, private bar, senior advisory boards, and real estate and life insurance professionals works together to accomplish our goals.

Initial Considerations and First Steps: (MS Word)

www.centeronelderabuse.org/files/ElderAbuseinHomeLendingProtection.doc

Sample Materials:

Contact person for more information:

Name: Shawna Reeves

E-mail: sreeves@scccoa.org

Telephone: 408-350-3229

Establishing an Elder Abuse & Neglect Screening Protocol in a Dental Teaching Clinic, by University of California, Los Angeles, School of Dentistry

This UCLA School of Dentistry project focuses on developing a screening tool and reporting protocol for pre-doctoral dental students to use while working in the dental clinic. The screening tool, tailored for use in a dental teaching clinic, is also appropriate for use in private practice. Given that dentists are mandated reporters, there is a strong reason to adopt this screening tool and protocol in dental teaching clinics throughout California.

Initial Considerations and First Steps: (MS Word)

www.centeronelderabuse.org/files/from _Classroom_to _Clinic_UCLA.doc

Sample Materials:

Contact person for more information:

Name: Melanie Gironda, Ph.D.

E-mail: mgironda@ucla.edu

Telephone: 310-825-6544

Unlicensed Facility Fact Sheet and Screening Tool by WISE and Healthy Aging Long-Term Care Ombudsman

Not only do residents in unlicensed facilities not have access to regulations that have been designed to preserve their rights in licensed facilities, they are also more susceptible to abuse and neglect.  This fact sheet and screening tool allows for quick identification of unlicensed care facilities, and referral information to those agencies that handle complaints in these settings.  The tool is designed for and has been distributed to many organizations and agencies including but not limited to:  IHSS workers, APS, ombudsmen, fire fighters, police officers, building and safety staff, regional planning, regional centers, hospital social workers, and department of mental health patients’ rights advocates.

Initial Considerations and First Steps: (MS Word)

www.centeronelderabuse.org/files/Unlicensed_Facility_Screening_WISE.doc

Sample Materials:

Unlicensed Facility Factsheet and Screening Tool (MS Word)

www.centeronelderabuse.org/files/Unlicensed_Facility_Factsheet.doc

Contact person for more information:

Name:  Molly Davies

E-mail:  mdavies@wiseandhealthyaging.org

Telephone: 310-394-9871 ext 431

Creating an Elder Abuse Forensic Center, by University of California, Irvine, Center of Excellence on Elder Abuse and Neglect and the Orange County Elder Abuse Forensic Center

Typically, an elder abuse case requires weeks to months of phone calls among agencies with very distinct, and at times conflicting, perspectives and goals.  Recognizing disconnections between the many disciplines that address elder abuse, the University of California, Irvine School of Medicine, Program in Geriatrics and agencies from social services and the criminal justice system piloted a groundbreaking approach to this problem: the nation’s first Elder Abuse Forensic Center (EAFC) in 2003.  EAFC members meet regularly to determine concrete actions that can be taken on behalf of the client agency (e.g., Adult Protective Services, Long-Term-Care Ombudsman, Law Enforcement) to address the needs of a specific case.  Members use their expertise and agency resources to provide direct help with the case.

Since the Orange County Elder Abuse Forensic Center was established, we have been approached by other communities interested in starting their own Elder Abuse Forensic Centers and assisted in the creation of two new EAFCs.  Based on these experiences, we created a Manual and 20-minute companion DVD to describe how an Elder Abuse Forensic Center (EAFC) works and to help agencies develop a preliminary structure to create an EAFC in their own communities.  Download the Creating an EAFC flyer (pdf) for more information and to order copies.

Sample Materials:

Contact person for more information:

Name:  Kerry Burnight, Ph.D.

E-mail:  burnight@uci.edu

Telephone: 714-825-3087

Compiled by the Center of Excellence on Elder Abuse & Neglect at the University of California, Irvine Program in Geriatrics

Thank you so much for compiling and sharing this terrific information! We hope all our readers will share these links and get some of these programs going in your area!

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Get the Legal Help You Need on Any Budget!

Tuesday, May 18th, 2010

In today’s tough economy you may not be able to help your parents as much as you want to and the cost of long-term care and medical bills continues to skyrocket so here are some resources you can go to for Senior’s with limited means. There are a variety of free or low-cost legal services out there.

Check Out:

  1. Senior legal hotlines: There are 27 states, including the District of Columbia and Puerto Rico that offer senior legal hotlines, where all seniors age 60 and older have access to free legal advice over the telephone. To find the states that offer this service and their toll-free number, visit legalhotlines.org.
  2. Legal services for elderly: Coordinated by the Administration on Aging, this service may offer free or low-cost legal advice, legal assistance or access to legal representation to people age 60 and older. Contact your local Agency on Aging (call 916-486-1878). They can tell you what’s available in your community.
  3. Pro bono programs: Usually sponsored by state or local bar associations, these programs help low-income people find volunteer lawyers who are willing to handle their cases for free. You can look for pro bono programs at lawhelp.org.
  4. Legal aid: Directed by the Legal Services Corporation, legal aid offers free legal assistance to financially eligible people of all ages. Each community program will differ in the services it offers and income qualifications. See www.lsc.gov/map to locate a legal aid program in your area.
  5. AARP Legal Services Network: This service provides AARP members a free legal consultation (up to 45 minutes) with an attorney in your area along with discounts on other legal services you may need. To locate a lawyer near you, visit aarplsn.com or call 866-330-0753.

Extra Tip: The American Bar Association also provides a listing of state resources on its website (findlegalhelp.org or http://law.freeadvice.com/resources/linkbar.htm) to help you find legal assistance in your area.

Send your senior questions to Savvy Senior at www.savvysenior.org. Jim Miller is a contributor to the NBC “Today” show and author of “The Savvy Senior” book. The Appeal-Democrat contributed to this column.

Thanks to Appealdemocrat.com for compiling these fantastic resources!

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Learn the Laws in Place to Protect Seniors from Annuity & Life Insurance Sales Fraud

Wednesday, May 12th, 2010

Enacted back on January 1, 2004, California set out new restrictions on how annuities or life insurance products can be marketed and sold to seniors. These restrictions were put in place by legislators’ who were concerned about deceptive sales methods often associated within the senior annuities and life insurance markets. The guidelines include restrictions on meeting in a senior’s home and unnecessary replacement policies among other protections.

The law requires that before an insurance agent visits a senior’s home to sell an annuity or life insurance policy; the agent must provide written notice in 14-point type that the senior will be given a sales presentation on life insurance, annuities, or other insurance products. The notice must also; list the names of others who will be there and advise the senior that they may invite family members, their attorney or financial advisors or other support to the meeting.

The trap of Unnecessary Replacement Policies

The problem with unnecessary replacement policies is that agents often receive commission when a policyholder replaces an older policy or annuity with a new one. Often, the new policy starts a new term on the contracts and requires that the insured pays a surrender charge for the annuity that’s being replaced, and all too often does not offer any financial benefit over the previous policy for the insured. So essentially they want you to buy a new policy for no reason except their own commission!

Another protection in the law is that annuities cannot be sold to seniors under the guise that the annuity will help the senior qualify for Medi-Cal assistance. This is because if the senior’s assets are equal to or less than the Medi-Cal community spouse resource allowance or the senior would otherwise qualify for Medi-Cal or if after the purchase the senior would no longer qualify the annuity has no bearing on the senior’s Medi-Cal status and is therefore not helpful. In fact, if a senior purchases an annuity in order to qualify for Medi-Cal, and the senior or the senior’s spouse still does not qualify after the purchase, then the senior may cancel the annuity and receive a refund.

The laws also make it easier for a senior to cancel an annuity contract within 30 days and receive a full refund. Furthermore there are several measures to prevent misleading advertisements, including advertisements that imply incorrectly that a particular insurer or insurance product is endorsed by any governmental agencies, non-profit or charitable organization. This tactic is often used to lure seniors into a false sense of security and is completely unethical.

Another guideline is that all agents must now complete 8 full hours of training before selling annuities. This is beneficial because the ethical agents you do come across will be more knowledgeable and better prepared.

The last section of interest, SB 618, increases the fines against insurers and agents for misrepresentation and fraudulent activities. It also protects seniors from an agent who coerces or pressures them into co-signing a loan, making an investment or providing any future benefit to the agent. And an annuity agent is NEVER allowed to persuade or recommend that the senior make the agent a beneficiary of the senior’s will, life insurance or annuity. Keep these protections in mind the next time an insurance agent comes knocking at your door!

Consumers who believe they been victimized  by annuity fraud, should report the crime to their local district attorney or the Department of Insurance at 1-800-927-HELP or visiting www.insurance.ca.gov . They also may file a complaint at the Attorney General’s Web site, http://www.ag.ca.gov/consumers/mailform.htm .

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Learn the Safest Spots for Your Important Documents

Tuesday, May 4th, 2010

Today, maintaining the safety of your important financial and other documents is paramount to preventing financial abuses and ensuring you have what you need when a disaster strikes. With earthquakes rattling us here in California and around the globe and floodwaters rising where is the most secure place for your important documents? Where will they be if you lose your home in a traffic floor, fire or earthquake?

The answer is, depending on the specific item, different answers may apply. The goal is to balance security with ease of access. Most original documents should be stores in a safe deposit box- tucked away at your bank; while copies should be at home in a fire-safe lock box for easy access.

Documents to keep copies of at home:

  1. Social security cards
  2. Certified birth, marriage, divorce and death certificates
  3. Military discharge papers
  4. Insurance policies, along with agent contact information
  5. Deeds, titles, mortgages, leases and other contractual agreements
  6. Estate documents, including powers of attorney for health care and financial matters,
  7. Wills, living trusts, advance directives, funeral and burial instructions and attorney contact information
  8. Financial documents for profit sharing, pensions, 401(k), IRA and Roth contracts
  9. Stock, bond and certificates of deposit documentation

Planning ahead and protecting your valuable documents should be taken care of as soon as possible. You never know when nature will decide to throw you a curve ball and you want to be ready!

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