Elder Abuse

Spotlight on Abuse of Elderly through Guardianship a National Issue

Published on: November 14, 2017 | By McCulloch & Miller, PLLC

It sounds like a nightmare scenario, and for many elderly, it is a reality: a court appoints a guardian and they lose the ability to make decisions about their assets and their lives, often with no advance warning.

An article in Reuters reports on a journalist’s investigation that revealed a case where a private guardian was appointed by a court in Nevada and got a court order making her guardian of a couple who had an adult daughter. With no advance notice to the couple or their daughter, the guardian sold all of their assets and got them admitted to a nursing home.

Reuters’ article, “With U.S. elder abuse in spotlight, a look at guardians,” reports that the abuses of private-guardian systems in some states have been known by policy and legal experts for years.

Lawmakers in Michigan Want to Make Elder Abuse a Felony

Published on: November 1, 2017 | By McCulloch & Miller, PLLC

A recent case of elder abuse in Michigan that resulted in only a misdemeanor, may have been the last straw for legislators. They introduced a law that would make it a felony, if a person was convicted of harming a vulnerable adult or senior citizen.

The punishment for causing serious physical or mental harm to a vulnerable adult in Michigan is only a misdemeanor, according to a recent article in WZZM, “Lawmakers introduce tougher laws to protect vulnerable senior citizens.” However, that may be changing soon.

Legislation that was recently introduced in Michigan's House of Representatives would toughen the penalties for somebody who "assaults another person that he or she knows or reasonably should know is an elder adult or vulnerable adult", which "causes physical injury, pain, or mental suffering" to them. The individual would be guilty of a felony punishable by imprisonment for more than four years or a fine of not more than $5,000.

Seniors continue to be Vulnerable to Lottery Scams

Published on: August 2, 2017 | By McCulloch & Miller, PLLC

The sad truth is, foreign lottery scams are still around because they are successful for the scammers. Millions of Americans are targeted every year.

The first reaction from someone receiving a letter about a large award is often a wave of relief, especially if they are facing financial problems.

For an elderly couple who love their home and are having troubles with their finances, the arrival of a letter saying they’d on $4.5 million in a Spanish lottery seemed like an answer to their prayers. The story, reported by woodtv.com, “88-year-old nearly scammed by fake lottery, warns others,” starts out like so many similar scenarios. Luckily for this couple, a trusted estate planning law firm helped them steer clear.

Fake Law Firm Website Scamming Seniors in Houston

Published on: July 31, 2017 | By McCulloch & Miller, PLLC

Here’s another reason to meet with your estate planning attorney face-to-face. An overseas-based scam is targeting the elderly with a website that uses photos and content stolen from real law firm websites.

A website purporting to be an estate planning law firm is the subject of a lawsuit from the Houston Bar Association, which is trying to get the site shut down. According to the Houston Chronicle, the fake firm, which calls itself Walsh & Padilla, is targeting elderly people and offering estate planning services.

In reality, the ABA Journal notes, in its article, “Fake law firm website uses real lawyers' pictures to fleece consumers, bar lawsuit says,” the scheme’s website appears to be operated from South Africa and uses photos of lawyers taken from real law firm websites. The scammers mail letters to elderly people telling them they’ll be getting life insurance proceeds, after they provide their bank account numbers and other financial details. One senior was scammed out of $14,000, the lawsuit says.

Welfare Check on Senior Leads to Lawsuit against NYPD Officer

Published on: April 28, 2017 | By McCulloch & Miller, PLLC

A federal judge has ruled that a police officer’s uninvited entry into a house to check on the well-being of an adult with dementia, is shielded by qualified immunity. The response to a possible crisis was correct.

Given the number of elder abuse cases, it is encouraging that New York Judge Frank Geraci’s decision, as reported in the New York Law Journal’s article, “Officer's Welfare-Check on Elderly Man Is Shielded by Immunity, Court Says,” supported the actions of Lt. Joseph Buccilli, a police officer with the Orchard Park, NY Police Department.

The judge said the police officer was protected by his good faith actions in responding to an emergency. He had qualified immunity from a suit filed by the owners of the home he entered, in alleged violation of residents' Fourth Amendment rights to privacy. The judge went on to say that even if Buccilli's beliefs that his actions were justified in entering the home were based on wrong assumptions, the officer’s actions weren’t so "plainly incompetent" as would qualify as a violation of the resident's Fourth Amendment rights.

Fearing Loss of Control is One Reason People try to Hide Alzheimer’s

Published on: September 23, 2016 | By McCulloch & Miller, PLLC

Planning for life with Alzheimer’s includes selecting trusted family members or friends who can assist with legal and financial matters.

It was at least three years after his diagnosis that comedic actor Gene Wilder revealed he was suffering from Alzheimer’s disease. This is not unusual, according to experts discussing his situation in the Investment News article, “Hiding Alzheimer's, like Gene Wilder did, is natural, so prepare for it with all clients.” Wilder, star of Blazing Saddles, Willy Wonka and the Chocolate Factory and many other classic comedies, died at age 83 from complications of Alzheimer's disease. He wanted to leave his audiences laughing, rather than being sad that he was suffering from this dreaded disease.

Most Alzheimer's patients will hide their symptoms as long as they can because they fear losing control of their lives if family or friends are under the impression they can’t take care of things on their own.

Conference Focuses on Dramatic Rise of Elder Abuse Crimes

Published on: July 7, 2016 | By McCulloch & Miller, PLLC

Conferences nationwide mark World Elder Abuse Awareness Day and explore solutions to a growing concern.

The University of Minnesota recently hosted a large conference focused on what is considered to be the next large national crime wave: elder abuse. Attending the conference were social workers, nursing home workers, lawyers, law enforcers and others who work with seniors considered at risk for elder abuse.

The Minneapolis Star Tribune reported in “Minnesota elder abuse reports increasing” that the conference, hosted by the Minnesota Elder Justice Center, was one of many taking place across the country. The day of awareness was established in 2006 and is intended to raise awareness of financial crimes and other abuses committed against older people.

U.S. Department of Justice Creates Several New Elder Justice Task Forces

Published on: May 27, 2016 | By McCulloch & Miller, PLLC

Nursing homes that give substandard care to residents are the target of new Elder Justice Task Forces intended to move faster in targeting and penalizing certain facilities.

The National Review reports in "DOJ Task Forces Target Elder Fraud in Health Care" that teams from several Elder Justice Task Forces deployed by the U.S. Department of Justice will go after heath care providers who commit crimes against residents and patients, most of whom are elderly and vulnerable.

The Elder Justice Task Forces have a goal of coordinated, joint investigations to allow for quicker enforcement actions and prosecutions. These Task Forces combine federal, state, and local resources from law enforcement, the U.S. Department of Health and Human Services, state adult protective services agencies, long-term care ombudsman programs, U.S. attorneys' offices, state Medicaid fraud control units, and state and local prosecutors' offices.

Guardian Abuse is a Growing Problem

Published on: November 18, 2015 | By McCulloch & Miller, PLLC

Guardianship is a fairly straightforward and basic function. A person who is not able to handle her or his own affairs, for any number of reasons, is assigned a guardian by the court, who is to act on their behalf for financial, medical and care-taking purposes. The guardian is charged with putting the interest of their ward first, and the guardian is entrusted with a great deal of responsibility.

However, as the Wall Street Journal reports, in "Abuses Plague Guardianship Systems Across the Country," the financial abuse of elderly people by guardians is rampant throughout the United States.

Court appointed guardians with no family relationship to the elderly wards too often act in their own interests and deplete the wealth of the wards.

California’s Residency Laws Played Heavily in Elder Financial Abuse Claim

Published on: October 9, 2015 | By McCulloch & Miller, PLLC

An elderly many claimed that his trust was mismanaged and he brought action for financial elder abuse and other claims against his banking institution. A California court ruled that because the gentleman had established residency in California and Australia, he was not protected under the state’s welfare code.

A judgment from the Santa Barbara Superior court was affirmed in an opinion by Judge Steven Perren of the California Court of Appeals. The court held that as a non-resident, Galt lacked standing to pursue such a claim for financial elder abuse because of his non-residency. This decision was reported in The Metropolitan News, in “Man, 85, Isn’t an ‘Elder,’ Under Statute, C.A. Rules.”

California Health and Welfare Code §15610.27 defines an “elder” as “any person residing in this state, 65 years of age or older.” Further, the Court of Appeals said in its opinion, that “[b]y his own admission, Galt does not reside in this state; consequently, under the plain meaning of the statute, he is not an elder.”