Sunday, December 16, 2007

Tears Are Like Raindrops

Michael writes on 12-16-2007:

Tears like raindrops

tears like raindrops
fill my face
memories of unspeakable
acts done to me

the pleasent times
are lost among the
thorns and prickers
that poke and scrape me

Tears fill my face
like raindrops
as they fall in
the here and now

a place I rarely
stayed, but now
it is safe enough
to wonder freely

Tears like raindrops
dried on my face
as I look out my
window and see today

Michael Joseph

Friday, December 14, 2007

Are More Laws The Answer?

By Maria C. Gallo, Esquire

To some degree, I agree with the commentary that "more laws are not the answer." There are some remedies in place already but they are not being used nearly enough.

Some circuits have a staff accountant on board to audit/monitor the annual accountings.

Discrepancies or unexplainable charges should trigger a hearing in front of the judge.

The accountings should balance and the ending balance for one year should be the starting balance for the subsequent year. Discrepancies like that should also trigger court hearings and an inquiry of the guardian.

I oftentimes think that even the judges can not or do not read the accountings. Large purchases should be explained and/or justified with documents from an independent expert as to how or why this purchase benefits the ward.

Some judges are requiring bonds that historically had been waived. While it may create some hard feelings both among good guardians and reputable lawyers, bonds protect the ward from misuse, misappropriation and loss.

One law change that would be helpful. However, it is a change in the strict confidentiality of elder abuse/adult protective services and guardianship cases. Sometimes, family members who would help the ward and not take advantage of their loved one are denied even basic information that would allow them to intervene because they are not able to access information such as the status and sometimes even the location of their loved one.

Power Of Attorney - A Theft License

AN OAKLAND WOMAN steals $200,000 from her sick 73-year-old mother's bank account.

An East Palo Alto woman is accused of taking out a $200,000 loan on her disabled 92-year-old grandmother's house without her permission

A Stockton woman is hired to take care of a 92-year-old former elementary school principal. She steals more than $100,000 from the elderly woman

All of these cases have one thing in common: The weapon used to commit the crime, or alleged crime, was a perfectly legal document called a power of attorney.

Any scoundrel can coerce an easily influenced elderly person into signing a power of attorney.
Once this powerful document is in hand, the abuser is off to the races. A power of attorney is the key to the treasure chest.

The law also says that the agent, also known as the attorney-in-fact, must act in the other person's best interest. That he or she cannot make gifts to himself of the principal's property - unless the power of attorney specifically states otherwise. There must also be no comingling of funds.

(It's been our experience that authorities in Florida are not interested in enforcing F.S. 709.8 and in other states no one's checking to see if people are obeying that part of the law.
Usually, by the time unscrupulous individuals get caught ripping off elders, the damage has been done.)

A power of attorney, unless it states that it is limited in scope, is a blank check. Agents are free to use defenseless elders' hard-earning savings as their own personal piggy banks.

We believe power of attorneys need to be limited to certain functions. There also must be mechanisms for holding agents accountable. Finally, there must be enforceable penalties when an agent violates someone's ultimate trust.

We need legislation that will help those who truly have elders' best interests at heart, but that will limit the amount of potential damage from predators.

A wrongly used power of attorney is a license to steal. It's time the Legislature revoked that license.

Abridged from the ContraCosta Times=>>

I too am wondering why, if there are so many laws in place to protect our elders, in regards to how guardianship's are chosen, and constructive notices served, how guardians are to step down and be replaced?

And what about those laws governing how 'Power of Attorneys' are to be used? And laws stipulating how the Baker Act is to be used?

This web site and others are full of examples how useless these laws really are because of the manner in which they are not being enforced.

What's the point campaigning Congress for more laws, if the ones in place are scantily enforced or not enforced at all?

Some of us feel like "pushing for new laws is a wasting of precious time".

Maybe our efforts should be directed at "Judicial Accountability", and that laws should be enforced equally across the board for everyone.

Why try to build a case and enforce a law against "Elder Theft" of a caregiver, especially if a relative of the caregiver has done the same thing and yet it is called a 'misunderstanding' or 'sibling rivalry'?

Where is the consistency?

Until our Judicial System starts to take Elder Abuse and Elder Financial Abuse more seriously and hands out appropriate sentences, more laws installed means more laws to be broken and more frustrated victims and families.

Florida Statues 709.8 - Re: Power Of Attorney Benefit Of Agent

This piece of legislature, is for our Elders benefit. But it exempts elder abusers and other minorities , the law should be enforced to include everyone !

Because as it stands .. if you can trick the Elder into giving you Power of Attorney, you can take over his or hers entire estate and then with the added money and power you can intimidate and discredit any relatives that come forward into submission while the Elder is carted off to a retirement home or just about anywhere, and never to be heard from again.

Unless plainly and clearly provided, the authority granted the attorney in fact is to act for the benefit of the principal, not for the agents benefit.
-Section 2(D) Fla Statues 709.8


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National Association To Stop Guardian Abuse



Guardianship Abuses Gets The Senate Attention

by Robin Fields L.A. Times Staff writer ( Abridged)

WASHINGTON -- After a string of chilling reports detailing abuse of the elderly, lawmakers and advocacy groups will unveil recommendations today to strengthen oversight of adult guardianships.

Members of the Senate Special Committee on Aging called for nationwide data collection on guardianship cases, mandatory quality standards for guardians and an infusion of federal funds to boost local court supervision programs."Seniors need more options, more rights, more protection at a national level than they are now receiving," said Sen. Gordon H. Smith of Oregon, the committee's top Republican.

"The obligation that we owe to older Americans is pretty obvious,"

robin.fields@latimes.com

Violence Against Seniors is Most Often Perpetuated by Their Adult Children

Canada's secretary of state for seniors called for zero tolerance on elder abuse "in all its ugly forms" during a meeting to discuss issues affecting the overall health of Canada's aging population.

Marjory LeBreton made the comments Friday as federal, provincial and territorial ministers for seniors held a day-and-a-half meeting in Saskatoon.

"Our government is taking the issue of elder abuse very seriously. As a society we should have zero tolerance for elder abuse in all of its ugly forms," LeBreton said in a statement Friday.

Seniors make up a growing segment of the Canadian population. The number of seniors is projected to more than double from 4.3 million today to 9.8 million by 2036 when one in four Canadians will be over the age of 65, according to the minister's statement.

Violence against seniors is most often perpetuated by their adult children

according to Statistics Canada's 2004 report "Family Violence in Canada: A Statistical Profile."Spousal abuse makes up the second highest incidence of family violence toward seniors with older women more likely to be victimized by family members.

"Of the approximate 1,100 older adult victims of violence by family members, about 700 or 64 per cent) were females," the report says.

StatsCan reports the most common form of violence for seniors is common assault followed by robbery

Thursday, December 13, 2007

Elder Court is Crucial

Elder financial abuse has become a hidden national epidemic

TO GET A SENSE of the horrible things that happen to defenseless elderly people behind closed doors, visit Alameda County's Elder Protection Court in Oakland on a Friday morning.

Department 4 looks like a scene from a nursing home. White-haired men and women hunch over walkers with yellow tennis balls stuck to the legs. Others with long plastic tubes dangling from their nostrils drag green oxygen tanks on wheels. Those who can't get around under their own power use motorized wheelchairs.

The old, sick and desperate have come to see Alameda County Superior Court Judge Julie Conger. Most have come to ask for civil restraining orders that they pray will protect them from people who have been abusing and harassing them.

The sad thing is, most of the time, seniors need protection from the very people you'd expect to be looking after them: their own children, grandchildren, and other relatives.


There is an Afghan refugee whose schizophrenic son beat her within an inch of her life with a clothes iron. Another woman whose crack-addicted son defecates in her flowerpots and steals her things. An elderly man whose daughter sneaked up behind him with a butcher knife while he was sitting on the couch, watching TV.

bedridden have been left to rot for days in their own feces. The wheelchair-bound have been left writhing on the floor for days after a fall. The critically ill have been deprived of their medicine.

But financial abuse, by far, is the most common complaint:
Bank accounts looted. Credit cards stolen. Huge loans taken out against seniors' homes without their permission. Property transferred out of their names.Conger, a no-nonsense 25-year-veteran of the bench, has made fighting elder abuse her personal crusade. She is founder of the elder court - the only court in the country that handles civil and criminal complaints involving elderly victims in the same central location.

Restraining order sessions are in the late morning to give seniors time to get up and get going. Case Manager Maria Jimenez helps shepherd seniors through the confusing court process.

All too often, elder abuse complaints fall through the cracks in the judicial system. A lot of judges don't want to be bothered with files as thick as phone books and victims who may not remember what they had for breakfast.

Several years ago, she began noticing more and more senior citizens turning up in her domestic violence court. "They were getting lost in the shuffle," she said.

She hated seeing elderly people who could barely sit up waiting hours for their cases to be called. Forced to sit through violent testimony.

Conger decided to do something about it. She told her clerks that whenever they saw anyone with gray hair, they were to bring her the file right away.

The problem was, there were just too many seniors to move them all to the front of the line.

That's when Conger realized that senior victims needed their own court. In 2002, with the help of a grant from the California Judicial Council, Alameda's Elder Protection Court was born.

It's the only court where the plaintiffs are all 65 or older (or dependent adults with certain mental or physical limitations) and the judge is a senior citizen.


The elder court handles more than 150 complaints a month. Conger issues restraining orders and presides over all felony elder abuse cases.

She runs a tight ship and doesn't tolerate excuses or breaches in courtroom etiquette from criminal defendants, their lawyers, or prosecutors.

Yet she has boundless patience for elder abuse victims. Her voice softens when she encourages an elderly woman to speak up. She shouts for an old man who can't hear. She repeats herself for seniors whose minds aren't as sharp as they once were - making sure that they understand the proceedings.

By Conger's own description, she is part judge, part social worker. She doesn't hesitate to mete out punishment and is adamant that elder abusers pay restitution, serve time, or both for their crimes.

But when possible, she also uses the power of the bench to try to help families repair their damaged relationships. The family dynamics in elder court are similar to those in domestic violence court.

Abusers are often adult children who are alcoholics, hooked on drugs, mentally ill or otherwise dysfunctional. They steal or abuse their loved ones to feed an addiction. Parents still love their kids and want contact with them. They just want the abuse to stop.

Conger stays with the felony cases from start to finish - unlike in most criminal matters where there might be a different judge for every hearing.

Conger knows the details of each case. Prosecutors don't have to keep starting from scratch with a different judge. Defendants can't "judge shop" because Conger is the only game in town.

Conger also appreciates the need for speed. When a victim is in his or her 90s, there's no time for the typical court delays. Old people die -- quickly and without warning. Once charges are filed, prosecutors must move quickly.

Conger works with the Alameda County District Attorney's elder abuse unit to set up conditional exams as soon as humanly possible. The videotaped questioning, by both the defense attorney and the prosecution, is admissible in court should the senior die or be unable to testify for some other reason.

Without a conditional exam and a dead victim, there is no case.

Conger's court has helped protect thousands of seniors from abuse and helped elderly crime victims get justice. The one-of-a-kind program shouldn't just be a model for the rest of California. It ought to be replicated across the nation.

The Figure Closer To 50% of Abused Elders Under-Reported

Regina Leader-Post - Regina,Saskatchewan,Canada

The federal secretary of state for seniors says her government will soon be making proposals to address poverty among seniors and the huge problem of elder abuse in Canada.

Senator Marjory LeBreton told a small group of seniors at Wintergreene Estates Seniors' Residence on Saturday that it's difficult to determine the scope of elder abuse because it's a taboo topic.

"There's incomplete data but what we do know is that between four and 10 per cent of people are abused, but it's way under-reported," she said. "We figure it's probably 50 per cent under-reported."

She said elder abuse includes physical assault, isolation or financial scams, sometimes at the hands of family members

Abridged for E.A. =>>

Wednesday, December 12, 2007

Another Case of Elder Napping in Florida ?


Alida Rosa in Miami, USA Writes;

My uncle's brother was removed from his home by his wife and her daughter into an ALF. They did not tell us his whereabouts till now. They took all his assets .

He is in the ALF Facility in Hialeah, Florida and his wife was placed there too by her daughter....

The Nursing Home was told he(they) had no family. How can we go about removing him from the facility and becoming his guardian?

----------------------------------------------

Dear Rosa;

I'm publishing your letter in the hope that someone will contact you and help you, your story is repeated very frequent as America is experiencing the biggest transfer of wealth in the nation's history.

Wish things were as simple as telling you to call the police, but they will not get involved unless your uncle has physical signs of abuse, and today's abusers for the most part know their business well.

Having been in your shoes , I can tell you already have taken the first step by having the courage to speak out against this outrage. WE are on your side and congratulate you for speaking out, this in turns encourages others to come forward until our mailbox is overflowing with letters like yours, and the outrage will be so that the authorities will no longer be able to participate/ignore in this illegal transfer of wealth that is happening in our families and communities along with countless others that have stepped foward to tell their stories.

Anyone that feels they can help Alida Rosa please E mail her here =>>

Update Alida Rosa writes :Thanks Mr. Fernandez for caring about My uncle's situation.

Both his brother and myself told my uncles wife's daughter that we would care for him but she isolated him and placed him the ALF. She has now placed her mother there too and denied us access to him for almost a year.

My father just went to visit him today in the ALF and I saw him last week. He was drugged and the staff stated they did not know he had a family. I think it was a miracle that the wife's daughter finally told us where he is but I'm concerned for his well being since he is separate from the people he always was around . She isolated him and kept him from us for so long. We feel frustrated in this matter. We want to help him !!!!

Alida Rosa

------------------------------
Many of you have already contacted me in your interest to help Alida, I have provided a link to her E mail, and I thank you for your concern on her hehalf!
Yes, the situation sounds confusing, it usually is, that why we need Elder Abuse Unit Specialists to look into each and everyone of these allegations, because getting involved early is critical, instead of the present scheme of things where victims that try to report Elder Abuse are extremely frustated because they then become victims of a semantics letter game followed by a wild goose chase from agency to agency that they are sent on.

Carestation Blog - Resources For Caregivers



While scam artists are active all year round, the holidays are an especially unsafe time.
According to the National Crime Prevention Council, seniors fall prey to fraud for a variety of reasons. They are generally more accessible by telephone and mail; are trusting and willing to listen; typically have limited experience with investments; and are deeply concerned with maintaining finances to last them throughout their lives. Furthermore, many older people are complacent or forgetful of details, and they may be embarrassed to admit a scam artist has drawn them in.

To safeguard against financial crimes this holiday season here are tips for caregivers and their loved ones. For more information please visit AGIS.com’s Elder Fraud Section.


-------------------------------

Hi Ray,

Thanks for all the updates! We finally got a link section for blogs on our Carestation blog and we added Elder Abuse. Thanks so much for having such a great site!

Have a wonderful day,

Jessica Hasson
Account Executive Terpin Communications

Theft of Elder Nation

Theft of Elder Nation: An editorial series: Getting involved early is critical
Contra Costa Times Article Launched: 12/11/2007

CARMEN PAREDES SEEMED like such a sweet, friendly person. "You just never would have suspected it," said Kathleen Whittaker, who hired the Peruvian native in 1998 to help take care of her 83-year-old uncle, William Fowler.

The "it" is one of the worst cases of elder financial abuse in Contra Costa County history. During 21/2 years, the $10-an-hour caretaker siphoned more than $600,000 away from the El Cerrito widower.

Paredes, 59, pleaded no contest to felony elder abuse and tax evasion in March 2004. She was sentenced to three years' probation. She got no prison time, although the judge could have given her as many as nine years.

Her two adult sons and a daughter also were implicated in the scheme. They were convicted of misdemeanors.

Obviously, The Law in This Area is Far From Robust.

One brazen caretaker stole $80,000 from a blind 77-year-old mother of a former San Jose acting police chief. Another took more than $35,000 from the ailing mother-in-law of an Alameda County Superior Court judge.

It happens all the time to all kinds of people.

Sadly, there comes a time for many elderly people when they are no longer able to continue living at home alone. Perhaps chemotherapy has destroyed their bodies or Alzheimer's has ravaged their minds.

That time came upon William Fowler, a retired sea captain, all at once. Going into his early 80s, Fowler was still going strong. He took walks and swimming lessons. He dated women he met in dance class.

The last thing she wanted to do was put him in a nursing home. So, she set out to help Fowler hire an in-home caretaker. Someone to help with bathing, dressing, keeping track of medications, shopping for groceries, preparing meals, cleaning the house and driving to doctor appointments.

Licensed home health care agencies cost a bundle. They charge $30 an hour and up. Some conduct background screenings that include a criminal records check. Others don't bother to check for local convictions. There are no guarantees that the person sent to your loved one's home isn't a sociopath.

Most people can't afford $30 an hour, so that point is moot. They end up hiring cheaper workers who aren't affiliated with agencies. They average $10 an hour and have no license or training.
The problem is we know nothing about these strangers we invite into our vulnerable loved ones' homes. They could be criminals for all we know. There have been documented cases in which people sent for in-home care have had criminal records. Caretaking is hard, low-paying work. People with criminal records don't have many employment options.

It doesn't take a genius to figure that convict plus vulnerable elder spells trouble. Paredes didn't have a criminal record that we know of, but she definitely had a criminal mind. At first, things seemed to go well.

One day, Whittaker got a call from the Richmond Police Department. Someone from Wells Fargo Bank had reported that a Spanish-speaking woman was trying to cash a $9,000 check on Fowler's account.

Fowler told his niece that he knew about the check and had written it for "house cash." Whittaker later found out that Fowler gave Paredes a check for $50,000 seven days later.
Paredes started taking frequent trips out of town. She left Fowler in the care of her adult children. The house and garden began to deteriorate.

Whittaker was appointed his temporary conservator. She froze his accounts and reviewed his bank registers: She discovered that $679,000 in checks had been written to the Paredeses.
Whittaker filed a civil suit on behalf of the estate after her uncle's death. But she dropped it after running up $60,000 in legal fees. The Paredeses settled for $45,000.

Whittaker says her greatest regret is that she didn't get more aggressively involved. "My purpose now," she said, "is to publicize what happened to my uncle as a warning to others." To that end, we offer the box in the next column detailing telltale signs of caretaker abuse.

Abridged please read the un edited and un abridged version here = >>