A Walnut Ridge woman was arrested Thursday for forging a will after someone else had died.
Another scammer made the news recently, this time involving a forged will.
KAIT reported the story in an article titled "Woman arrested for forging new will after someone died."
The Long Term Care Special Prosecutions Unit was created one-year ago and since then, special agents have opened 113-cases, filing five felony charges since last summer. San Diego families in search of quality care are now getting more allies in the fight against elder abuse.
As abuse against seniors is on the rise, the need for elder abuse resources is crucial to fight the mistreatment of our loved ones. We hope Houston-area enforcement agencies follow the lead established in San Diego County.
"Elder abuse is one of those areas that is under reported for a lot of reasons and we've shined a spot light on it here in San Diego County," District Attorney Bonnie Dumanis told sandiego6.com in a recent post titled “D.A. launches new resource to combat elder abuse.”
As the nation's senior population grows, elder abuse complaints increase as well. The Oregon Department of Justice's Criminal Justice Division is addressing the increasing elder abuse claims by proposing an elder abuse resource prosecutor be added to the staff. Undoubtedly, other states may be adding similar positions as the awareness of elder abuse rises to the forefront.
Funding for the new full-time position is being requested as part of the Oregon Department of Justice's appropriations bill, which is moving through committees.
A recent article in The Oregonian, titled “State prosecutor for elder abuse is proposed for Oregon,” says that in recent years the number of suspected and confirmed cases of elder abuse has been steadily increasing in that state. In fact, in 2013, the Oregon Adult Protective Services received 28,449 reports of potential abuse involving older adults and people with physical disabilities.
April 16 is National Healthcare Decisions Day (NHDD). And now that you’ve met the big deadline for filing your tax return, it's a great time to turn your attention to ensuring that your estate planning documents are in place, beginning with your own advance directives.
Everyone needs current and valid advance directives. This simple outline of the care that you wish to receive when you may not be able to communicate your wishes provides a clear and concise roadmap for your loved ones and health care providers. This single step is so important, because your family won’t have to guess or assume what “Mom or Dad would have wanted” in the event that you cannot give direction to your family. Your instructions can be clearly spelled out in a legally recognized document.
We encourage you to consider taking a step forward in planning for your family’s peace of mind by making a decision on the the following — today:
"Will you still need me? Will you still feed me? When I'm 64?" The Beatles first released these quaint, clarinet-fueled lyrics in 1967 when the loving answer to these questions was a resounding, "Yes!" Traditional marriage vows echo this sentiment in that they presuppose a relationship span that encompasses young and old age, wellness and serious illness, wealth and poverty. However, as modern aging has come to be defined by living longer with chronic care needs, and providing long-term care has shifted to the public sector, with two thirds of long term care services paid for by Medicaid, loving spouses may be forced to answer, "No," to these questions. The future of elder care may depend on divorce.
Aging and care are already expensive and stressful, and even the young Beatles in 1967 wondered if love now would translate into care in old age. It should.
In case you haven’t heard, long-term care needs are expensive. In 2014 the average annual cost of a semi-private room in a skilled nursing facility was $83,114! The majority (70 percent) of people over 65 need some level of long-term care at some point—whether that will be provided in a home, an assisted living center, or a nursing care facility, according to The Huffington Post in a recent article titled “Is Divorce the Best Option for Older Americans?”
"In America" discusses elder law and the way that legal standards and details are changing over time.
What exactly is Elder Law? Why is this so important for Americans?
Elder law is a general term that describes the laws and regulations that affect older men and women. This term can relate to the proper care and guardianship of an older person who requires medical attention and can no longer function without assistance. The recent Insurance News Net article, titled “Elder Law is discussed with host James Earl Jones on "In America,” notes that the range of topics elder law addresses includes divorce among adults over 65 years old and law regarding elder abuse.
Although many people feel frustrated by elder guardianship systems designed to protect adults no longer able to fend for themselves, what’s even sadder are the many instances where it turns out that the elder guardianship system is doing its job properly –and strangers have no choice except to step in and make decisions that families and friends simply cannot.
Elder guardianship can be complicated. Many question if our elderly loved ones are getting the proper care they deserve in those situations.
The (Sarasota, FL) Herald-Tribune, in a recent article titled “The takeaway lesson on elder guardianship,”says that one woman contacted the newspaper writer from an assisted-living facility, saying she had been incarcerated against her will. She moved to be closer to her son, but her daughter in Arizona had her under guardianship, which permitted limited contact with her son.
Accounting for the possibility of your own and your loved one’s eventual mental incapacity is a key part of any estate plan. If your loved one appears to be showing signs of diminishing mental acuity, ask if he or she has the proper documents in place. If so, find out who his or her agent(s) are so that you can alert them.
What if you or a loved one develops dementia? If you didn’t have the mental capacity to take care of yourself or your finances at some point, what would happen? You need to be prepared.
A recent articlein Physician’s Monthly Digest, titled “Dealing With a Loved One’s Cognitive Decline Is Simpler with Right Legal Documents in Place,”says that a healthcare proxy and a durable power of attorney are key legal documents to have before there are any signs of mental incapacitation. The documents allow you to designate another person to make medical and financial decisions on your behalf once you are unable to do so. This can be your spouse, an adult child, a friend, or a trusted adviser. Without a power of attorney, your spouse will need a court order to access any non-joint accounts that you have.
As Mary Todd Lincoln’s character in “The Widow Lincoln” faces dozens of unpaid bills for home furnishings, clothes and jewelry, she asks, “How will I ever pay these debts? I am nothing. I am no one.” On top of moving out of the White House, mothering her sons and moving forward with her life, Lincoln must deal with all these financial stresses. She no longer has her husband to rely on for emotional support, income or an identity. It’s a crisis many women in the 21st century face, too.
A recent article in U.S. News & World Report, titled “Modern Money Lessons from Mary Todd Lincoln,” reports that experts recommend participating in money management throughout marriage and preparing for the possibility of one day being on your own, like many women eventually are, due to divorce or death.
Becoming a widow often means a drastic change and a new way of life, whether in 1865 or 2015. For many, it means understanding how to manage finances by yourself and experiencing less income, along with debilitating grief.
Ernie Banks died on January 23rd at age 83 from a heart condition. Interestingly, his death certificate listed dementia as a “significant condition contributing” to his death. Why is that important? Well, three months before he died, Banks signed a new set of estate planning documents, including a power of attorney, healthcare directive, new will, and a trust.
Ernie Banks signed a new set of estate planning documents that left his caregiver and talent agent, Regina Rice, in control of everything. This new will and trust totally left out his family members and named Rice as his sole beneficiary. Rice would stand to inherit not only whatever assets and wealth Ernie Banks accumulated during his life, but the right to control (and profit from) his name, likeness, and image.
Since Banks had dementia and made these changes a mere three months before his death, his children are planning to take Rice to court over Banks’ estate. Houston families should make note of family dynamics that could place estate planning in jeopardy.
Houston Estate Planning and Elder Law Attorney Blog