Are you worried that an elderly loved one has been a victim of financial abuse? Each day, older adults become targets for financial scammers. Commentators are concerned that privacy laws are likely to protect some of these financial scammers, preventing elderly victims from seeking justice. According to Herb Weisbaum, “The Consumer Man” for NBC News, there’s a major disconnect in the financial world. “When,” he asks, “does the suspicion that an elderly customer is being defrauded overcome laws protecting privacy rights?” In an earlier post, we mentioned that banks might be “quiet enablers” of this kind of elder abuse.

Cash%20Stack%202%20Credit.jpg

The problem of elderly financial abuse occurs across the country, and California isn’t immune. Who is responsible for making sure that older adults aren’t taken advantage of financially? For many victims of elder financial abuse, the ramifications are just as vicious as physical nursing home abuse. If you suspect that your elderly parent or loved one has been the victim of a financial crime, it is important to contact an experienced elder justice advocate. With years of experience handling nursing home abuse and neglect cases in Southern California, the dedicated elder law attorneys at the Walton Law Firm can speak to you today about your claim.

Bank Employees in a Position to Help?

Earlier this month, Johnson & Johnson agreed to pay a settlement of more than $2.2 billion connected to “accusations that it improperly promoted the antipsychotic drug Risperdal to older adults,” according to a recent article in the New York Times. This resolution actually represents the third-largest pharmaceutical settlement in our country, and it’s one of the largest agreements in “a string of recent cases involving the marketing of antipsychotic and antiseizure drugs to older dementia patients.” The federal government is working to ensure that pharmaceutical companies are held liable for bad drugs and bad marketing.

Pills%20Credit.jpgThis news is only the latest in many reports concerning elderly dementia patients and the varied problems of antipsychotic drugs. Indeed, the California Department of Public Health and the Department of Health Care Services have been working to reduce the “off-label” use of antipsychotic medications in nursing homes and assisted-living facilities across the state. Experienced California elder justice advocates have been handling cases involving the use of antipsychotic medications, and the dedicated lawyers at the Walton Law Firm can discuss your claim with you today.

What is Risperdal?

Assisted living facilities are licensed as Residential Care Facilities for the Elderly, and are generally thought of as living environments for people who need help with one or more activities of daily living, but are otherwise pretty healthy. In fact, the regulations covering RCFEs are designed with this in mind. Under the law, RCFEs are considered non-medical facilities, and are designed to serve people 60 years of age and older by providing room, meals, supervision, housekeeping, distribution of medications, and, if needed, assistance with hygiene, dressing, eating, bathing and transferring.

assisted-living-facilities-800x800.jpgSince they are considered “non-medical,” these assisted living facilities may not admit people with certain “prohibited conditions.” Some of those conditions include Stage 3 and 4 pressure ulcers (bed sores), gastrostomy tubes, serious infections, naso-gastric tubes, and the need to depend on others to perform all activities of daily living.

RCFEs may admit persons with certain “restricted conditions,” such as persons on oxygen, with catheters or colostomy bags, diabetics, or people with incontinence or small wounds, but only if certain other conditions are met. In short, RCFEs or assisted living facilities are not for sick people.

Does your elderly parent have dementia? Many California residents live with dementia, and their children and family members worry about what kind of care is best for a dementia patient. A recent article in U-T San Diego explained the different options for dementia care. According to Dr. Diane Darby Beach, the Director of Education and Outreach for the Vista Gardens Memory Care Community, there are basically three different kinds of providers who offer long-term care to patients suffering from Alzheimer’s and other forms of dementia: home care, assisted living, and adult day care.

Dementia%20Woman%20Credit.jpgAre some of these options better than others? Depending on your unique situation, there are many factors to consider when deciding what kind of care is best for someone who suffers from dementia. If you have questions or concerns about the level of care your elderly loved one has received or is currently receiving, it’s a good idea to contact an experienced California nursing home abuse lawyer. At the Walton Law Firm, we have years of experience dealing with elder law issues and can answer your questions today.

Options for Dementia Care

Have you considered elder in-home health care for one of your parents? Many families see the benefits of these in-home services, but they worry about the level of care that these agencies provide. Earlier this month, we told you about the important distinctions between in-home health care and home care—in short, the former provides medical services, while the latter simply acts as a non-medical caregiver and companion. If you hire a home care provider, you shouldn’t have to worry about elder abuse and neglect because of lackluster licensing laws.

House.jpgMany states have been tightening their oversight of home care agencies over the past several years, due to a general sense of inadequacy in the services provided by these companies. And now, California has joined that group. According to an article in the New York Times, “California has become the latest state to tighten oversight of home agencies that provide custodial care—help with bathing, dressing, toileting and other basic tasks—to older adults and people with disabilities.”

Are you concerned that your elderly loved one has been mistreated by a caregiver? Whether you’re dealing with an in-home agency or the services of a nursing home or assisted-living facility, the experienced California nursing home abuse lawyers at the Walton Law Firm today to discuss your case.

Do you have an elderly parent or loved one who worries about leaving home to live in a nursing home or assisted-living facility? According to a 2010 study conducted by AARP, nearly 90 percent of elderly adults hoped they’d be able to “age in place,” meaning that wanted to stay in their own homes and live independently, despite the complications that decreasing health and aging bring. In addition, in-home care may provide family members with more access to their loved ones, allowing them to keep an eye out for elder abuse or neglect.

Home.jpgA recent article in U-T San Diego reported that many seniors are able to remain in their homes, even when they require specialized care. Indeed, according to the U-T San Diego article, in-home health care can actually “serve as a less expensive and more personalized alternative to residential care facilities for seniors.”

What is In-Home Health Care, Exactly?

Over the past few weeks, nursing home abuse and neglect in California has made local and national news. These stories beg the question: are assisted living facilities safe in California? Elder advocates might argue that reforms are in the works, but facilities across the state continue to receive fines and citations. A number of reports related to nursing home abuse and neglect have appeared in U-T San Diego in September. In response to those features, an article written by the president of the California Assisted Living Association (CALA) emphasized the “compassionate, competent care” that many elderly persons do receive in assisted living homes.

Smiling%20Old%20Man%20Credit.jpgWhile many assisted living facilities in California may be providing appropriate care and abiding by the law, many of these homes continue to expose their residents to serious cases of abuse and neglect. If you have an elderly loved one who resides in a nursing facility, it’s important to make sure that your loved one receives the best care possible. If you’re concerned about nursing home abuse or neglect, don’t hesitate to contact an experienced nursing home abuse attorney today.

Do Most Assisted Living Facilities Get it Right?

Last week, we told you about two consumer advocates who are at the heart of the assisted living reform movement in California. Chris Murphy, 67, and Chrisy Selder, 34, began “doing what the state should be doing” by forcing hands when it comes to nursing home abuse and neglect. In other words, they’re doing their own research into the conditions at nursing facilities across the state, they’re keeping specific records about deaths in assisted living facilities and other reports of abuse, and they’re making them available to consumers. Together, the two women formed the nonprofit organization Consumer Advocates for RCFE Reform.

Chandelier.jpgAfter realizing that many incidents of abuse and neglect go unreported, or worse, unrecognized by the state as events that should incite criminal prosecution, the Murphy and Selder began contacting state prosecutors. They provided examples of the nursing home abuse they uncovered and urged prosecutors to bring charges against some of these facilities.

What led Murphy and Selder to engage in this important work in our state? As with many consumer advocates, their stories are personal ones that began close to home.

Earlier this month, UT San Diego published a news story about a report it co-authored with the California HealthCare Foundation (CHCF). What was the story about? The dismal state of assisted living homes in California. This may not come as a surprise to some of us, given that California nursing homes earned a “C” grade in a report card published by Families for Better Care. For many of us, however, it’s shocking and disheartening to learn that so many of the assisted living facilities and nursing homes in our state aren’t passing master.

So what’s being done? On the heels of the CHCF report, UT San Diego released a story about consumer advocates in California and the work they’re doing to encourage assisted living reform in our state. Specifically, Chris Murphy, 67, of San Diego, and Chrisy Selder, 34, of La Mesa, have personally taken up the cause. According to UT San Diego, “the two women are leading a small but hard-hitting campaign to draw attention to a side of long-term care in San Diego that most people have never seen.”

Hand%20in%20Water.jpgAre you concerned about the kind of care your elderly loved one currently receives? No one should have to worry about nursing home abuse and neglect. The experienced nursing home abuse attorneys at the Walton Law Firm can answer your questions today.

Contact Information