Articles Posted in Elder Abuse

A recent article in the Examiner alleges that Scott Phipps of Phisco Fiduciary committed elder abuse against a senior conservatee, Elinor Frerichs.  Elder advocates argue that Scott Phipps kept Frerichs “confined and isolated” at Lakeside Park, her asfile0001748266226sisted living facility in Oakland.  If true, the fiduciary may have violated the rights provided to conservatees in the state of California.

Conservatee’s Rights in California

According to the Notice of Conservatee’s Rights, our state makes clear that, when an elderly person becomes a conservatee, they do not lose all rights to handle decisions.  Indeed, “he or she does not necessarily lose the right to take part in important decisions affecting his or her property and way of life.”  The conservatee is entitled to “ask questions and to express concerns and complaints about the conservatorship and the actions of his or her conservator.”

Nursing homes in California should take note of the negative publicity surrounding elder abuse and assisted-living facilities in our state.  A recent article in the Santa Cruz Sentinel described serious nursing home abuse allegations that point to fraudulent Medicare claims and poor patient treatment.  In Watsonville, located in Santa Cruz County, the owners of two nursing homes are facing a lawsuit.  According to the report, federal prosecutors sued the owners “allegiDSC08554-bng that leaders made fraudulent Medicare claims” and “persistently and severely overmedicated elderly and vulnerable residents.”

Overmedication and Fraud Allegations

The two nursing homes at issue are Country Villa Watsonville Easy Nursing Center and Country Villa Watsonville West Nursing Center, both in Santa Cruz County.  The owners have been linked to serious crimes connected to nursing home abuse and neglect.

recent article in the Sacramento Bee reported on an attorney in the northern California area who was charged with financial elder abuse.  At the Walton Law Firm, we take elder financial abuse very seriously.  As an Elder Justice Advocate, Randy Walton is committed to protecting older Americans from crimes such the ones that occurred recently in Sacramento.  When looking for an elder lawyer to help with your legal issues, you should not need to worry whether you will be treated fairly. Contact our office today to learn more about our dedication to safeguarding elders in the San Diego area and throughout the state.

file000453200083Scams Target Elderly Californians

According to the Bee article, in late August, authorities arrested Delbert Joe Modlin, 63, on charges of financial elder abuse, grand theft, and securities fraud.  His release on bail conditioned that he agree not to practice law or see clients until the criminal proceedings ended.  Modlin has been licensed to practice law in California since 1987.

History of the Star Rating System

A recent New York Times article discussed the danger of trusting the Medicare star rating system, providing as an example a five-star nursing home facility in California with a history of elder neglect violations. Last week, we discussed the star rating system and the Rosewood nursing home in the Sacramento area. In sum, the rating system is not helping consucohdranknmomprknsnsmers in the way it claims. How did this rating system rise to prominence, and why are so many Americans willing to trust it without additional investigation?

According to the article, the five-star rating system began in 2007, when Oregon Senator Ron Wyden posed the following question at a congressional hearing: why is it easier to shop for washing machines than to select a nursing home? Two years later, Medicare officials developed the  star rating system, “a move that was applauded by consumer groups, who hope that more transparency would lead to greater accountability.”

Five-Star Nursing Homes May Not the Best Indicator of Care

Are Medicare star ratings good predictors for the quality of care at nursing homes?  According to a recent article in the New York Times, a facility with a five-star rating may not be what one would expect.  In fact, many five-star facilities have receiIMG_29490008ved fines for injuries related to nursing home neglect.

Rosewood Post-Acute Rehab, a nursing home located in a Sacramento suburb, received a five-star rating from Medicare.  The nursing home “bears all the touches of a luxury hotel, including high ceilings, leather club chairs, and paintings of bucolic landscapes.”  According to the article, getting a five-star rating—the highest possible—is not easy.  Only about one-fifth of all nursing home in the U.S., about 3,000 total, hold this distinction.

Many of us have heard about assisted living facility reforms pending before the California legislature, as well as those aimed specifically at residential care facilities for the elderly (RCFEs).  But are those reforms sufficient to ensure that California seniors are safe from elder abuse?  According to a recent story from KQED’s State of Health, many elder justice advocates in California do not believe the reforms are going to do enough.

Recent History of Elder Abuse in San Diego

According to Deborah Schoch, an advocate with the California HealthCare Foundation Center for Health Reporting, the number of assisting living facilities in our state essentially doubled over the last 25 years.  For whom are these faciwoman-65675_1280lities designed?  According to Schoch, they are intended for older, healthy adults who are “relatively independent.” Yet many of these facilities have taken in patients who require much more extensive levels of care, and assisted living facilities “are not designed to deliver skilled nursing care.”

It’s no secret that California assisted living facilities have been in the national news due to reports of nursing home abuse and neglect.  Indeed, over the last year, elder rights advocates have emphasized the need to make information about nursing homes and assisted living facilities readily available to older adults and their loved ones.  Without such information at our fingertips, how will we know which facilities are safe and can provide a high quality of care for our elderly parents?  According to a recent story from KPBS San Diego Public Radio, this kind of information remains pretty difficult to access.

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Lacking Internet Information About California Assisted Living Facilities

According to the recent KPBS story, it’s not easy to access information about the quality of nursing homes and assisted living facilities in Southern California.  For example, Lorid Macri’s mother suffers from dementia, she told KPBS.  At the beginning, Macri cared for her mother.  However, the stress of caring for a dementia patient became “overwhelming.”  And when Macri herself needed hospital care, she realized she needed to find an assisted living facility where her mother could receive quality care.

When our elderly loved ones require care at a nursing home or assisted living facility, we need to balance the costs of a facility with the quality of care we know they’ll be receiving.  It’s necessary to remember that nursing home abuse and neglect can occur at even the most high-end, expensive facilities, so it’s important to do our research.  But what about older Americans who can’t afford to comparison shop?

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If you have concerns about your elderly loved one’s safety and care in a nursing home or assisted living facility, it’s important to talk with an experienced San Diego nursing home abuse lawyer.  At the Walton Law Firm, we have years of experience handling elder abuse claims in Southern California and can speak to you today.

Rates of Emotional and Physical Abuse Among Seniors

Many of us in the San Diego area have seen commercials for liquid nutritional supplements, particularly those marketed toward older adults.  According to a story in the New York Times, these bottles have become “staples in older people’s refrigerators, in nursing homes and assisted living facilities, and in hospitals.”  As such, it’s only logical to assume that these liquid supplements are healthy and can even benefit the elderly.

However, a recent set of recommendations from the American Geriatrics Society suggested that these drinks aren’t as beneficial as their manufacturers would like us to believe.  Indeed, replacing elderly adults’ meals with these liquid supplements may even rise to the level of nursing home neglect.

Ensure

Dangers of Boost, Ensure, and Other Supplement Drinks for the Elderly

We often think about staff members and other employees at nursing homes and assisted living facilities when we worry about whether our elderly loved ones are receiving proper care.  However, spouses, children, and other close relatives of older adults can commit elder abuse, too.  Indeed, anyone can commit elder abuse.  And a recent article from NBC San Diego reports that a woman from La Jolla, Victoria Turner, who has already been accused of abusing her now-estranged husband, attempted to make her way into a care facility in order to force him to sign legal documents.

Old Man

Details of the La Jolla Elder Abuse

Back in March, Robert Stella was “rescued from the garbage and filth in his own home,” where Turner was supposed to be caring for him, according to NBC San Diego.  Stella recently turned 91 years old.  In addition to allowing Stella to reside in a home that was “cluttered and filthy,” Turner has also been accused of tying him to his bed.  Turner is almost 40 years younger than Stella, and she’s currently under investigation for elder abuse, as well as animal neglect and cruelty.

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