As society’s most vulnerable, senior citizens are often targets of fraud and financial scams.  The following is a list of scams commonly targeted at seniors:

Prize and Sweepstakes Frauds

Usually this scam begins as a congratulatory phone call or letter informing an individual that he or she has won a large sum of money, but that there are fees, taxes, or shipping charges before one can claim the “prize”. In the end, the prize never comes, or the items that do are essentially valueless.

According to Lois Greisman, an Associate Director in the FTC’s Bureau of Consumer Protection, nearly 12,000 older consumers complained to the FTC in 2004 that they had lost almost $35 million in fraudulent sweepstakes/prize winnings, with the median loss being around $2,000. She goes on to explain, “these frauds can be devastating to consumers who sometimes cash out retirement funds to claim their purported prizes”.

Fraudulent Investments

A fraudulent investment scam occurs when a company or individual “guarantees” an amazing return on an investment, business opportunity, or other “no-risk” venture, but disappears with the funds, leaving the investor high and dry.

Home or Auto Repair Scams

A stranger knocks on your window offering to fix your roof, garage door, or dent in your car. After you hand over the payment, the work is either not completed, poorly done, or was not necessary in the first place. Some scammers even try to bill later for work that was never performed.

Charitable Donation Scams

Scam-artists will create fake charities touting good deeds to secure your donation.  The best way to avoid this trap is to only donate to charities you are familiar with, or consult the Better Business Bureau (BBB), which maintains updates on legitimate national and local charities. The BBB can be found online at www.give.org .

Loan or Mortgage Fraud 

These scams usually involve “predatory” lenders (typically from the non-bank industries) employing misleading sales tactics to provide high-cost loans to consumers in need of cash. Oftentimes, this includes older homeowners who are concerned about paying bills.  Senior borrowers are pressured into refinancing the loan multiple times, incurring substantial processing fees.  Those who have collateralized their homes and cannot afford to repay the loan resulting in foreclosure.

Foreclosure Fraud

Here, the scammer will go through records at the local courthouse to obtain a list of homes in the area that are facing foreclosure. He/she will then approach the homeowner offering help.  Instead of helping the homeowner avoid foreclosure, the con artist executes a fraudulent deed transfer and literally steals your house.  Seniors who have been victimized by such scams are oftentimes too embarrassed and ashamed to report them.

“Please-Help-Me” Scams

This scam preys on unsuspecting seniors by exploiting their more trusting nature. Unlike the scams above, it doesn’t involve selling anything, but rather, the fraudster is asking for assistance, and in the process gains access to valuable personal and bank account information, draining the account dry.

AIDIKOFF LAW is an Elder Abuse litigation firm in Los Angeles, CA.  Call us at (800) 981-5932 for a free consultation.

The University of Kentucky Justice Center for Elders and Vulnerable Adults is holding a conference on Monday, November 14, 2011, to discuss many wide-ranging elder abuse issues. The conference, “Broken Trust: Elder Financial Abuse” will be held at UK Chandler Hospital and will focus on awareness and education.  Mickey Rooney, 90-year-old famed Hollywood actor, will be speaking at the event via interactive teleconference technology to personally shed light on his heartbreaking story.

In February 2011, Rooney was granted court protection from his stepson Christopher Aber after Rooney filed suit citing verbal, emotional and financial abuse. Rooney also alleged that his stepson denied him basic human necessities such as food and medicine. While the temporary restraining order was voluntarily withdrawn in April 2011 as a result of a confidential settlement, Rooney’s story brought much media attention to the issue of elder abuse.
While Debra Greenberg of Gerontoloy Division at Montefiore Medical Center in New York, states that “extreme case[s]” like Rooney’s have only crossed her desk a couple of times, the fact is, elder abuse affects a large portion of the geriatric population in the United States.
According to the American Psychological Association, an estimated 2.1 million older Americans suffer some form of elder neglect, whether psychological, physical, sexual or financial. According to a National Elder Abuse Center study, financial abuse, when younger family members or influencers misappropriate an elder’s assets, is the second leading form of elder abuse in the United States. And unfortunately, elder abuse has grown 30 percent over the last 10 years, according to a 2011 Metlife study, costing financial elder abuse victims $2.9 billion annually.
In a recent interview, Pamela Tester, the director of the Kentucky Justice Center for Elder Abuse and Vulnerable Adults, stressed the importance of talking about elder abuse issues because it is “something that people don’t often like to think about.” While the Justice Center plans to hold the conference annually, she’s excited that Mr. Rooney is speaking at today’s conference.
“He’s been a victim of financial exploitation. He’s the next most public figure to come out and talk about it,” Tester said.

For more information on the conference, visit http://www.cecentral.com/live/3618

Aidikoff Law is an elder abuse litigation firm in Los Angeles, CA. Please call (800)981-5932 for a free consultation.

Although knowing the signs of elder abuse can be the first step towards prevention, understanding what the law prohibits is your first step towards justice.

The following are important sections from  California’s Welfare and Institutions Code that help define elder abuse under the law:

“Elder” means any person residing in this state, 65 years of age or older.

“Abuse of an elder or a dependent adult” means either of the following:

(a) Physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering.

(b) The deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering.

“Dependent adult” means any person between the ages of 18 and 64 years who resides in this state and who has physical or mental limitations that restrict his or her ability to carry out normal activities or to protect his or her rights, including, but not limited to, persons who have physical or developmental disabilities, or whose physical or mental abilities have diminished because of age.

“Mental suffering” means fear, agitation, confusion, severe depression, or other forms of serious emotional distress that is brought about by forms of intimidating behavior, threats, harassment, or by deceptive acts performed or false or misleading statements made with malicious intent to agitate, confuse, frighten, or cause severe depression or serious emotional distress of the elder or dependent adult.

“Physical abuse” means any of the following:

(a) Assault, as defined in Section 240 of the Penal Code.

(b) Battery, as defined in Section 242 of the Penal Code.

(c) Assault with a deadly weapon or force likely to produce great bodily injury, as defined in Section 245 of the Penal Code.

(d) Unreasonable physical constraint, or prolonged or continual deprivation of food or water.

(e) Sexual assault, that means any of the following:

(1) Sexual battery, as defined in Section 243.4 of the Penal Code.

(2) Rape, as defined in Section 261 of the Penal Code.

(3) Rape in concert, as described in Section 264.1 of the Penal Code.

(4) Spousal rape, as defined in Section 262 of the Penal Code.

(5) Incest, as defined in Section 285 of the Penal Code.

(6) Sodomy, as defined in Section 286 of the Penal Code.

(7) Oral copulation, as defined in Section 288a of the Penal Code.

(8) Sexual penetration, as defined in Section 289 of the Penal Code.

(9) Lewd or lascivious acts as defined in paragraph (2) of subdivision (b) of Section 288 of the Penal Code.

(f) Use of a physical or chemical restraint or psychotropic medication under any of the following conditions:

(1) For punishment.

(2) For a period beyond that for which the medication was ordered pursuant to the instructions of a physician and surgeon licensed in the State of California, who is providing medical care to the elder or dependent adult at the time the instructions are given.

(3) For any purpose not authorized by the physician and surgeon.

“Financial abuse” of an elder or dependent adult occurs when a person or entity does any of the following:

(1) Takes, secretes, appropriates, obtains, or retains real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both.

(2) Assists in taking, secreting, appropriating, obtaining, or retaining real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both.

(3) Takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining, real or personal property of an elder or dependent adult by undue influence, as defined in Section 1575 of the Civil Code.

(b) A person or entity shall be deemed to have taken, secreted, appropriated, obtained, or retained property for a wrongful use if, among other things, the person or entity takes, secretes, appropriates, obtains, or retains the property and the person or entity knew or should have known that this conduct is likely to be harmful to the elder or dependent adult.

(c) For purposes of this section, a person or entity takes, secretes, appropriates, obtains, or retains real or personal property when an elder or dependent adult is deprived of any property right, including by means of an agreement, donative transfer, or testamentary bequest, regardless of whether the property is held directly or by a representative of an elder or dependent adult.

(d) For purposes of this section, “representative” means a person or entity that is either of the following:

(1) A conservator, trustee, or other representative of the estate of an elder or dependent adult.

(2) An attorney-in-fact of an elder or dependent adult who acts within the authority of the power of attorney.

“Goods and services necessary to avoid physical harm or mental suffering” include, but are not limited to, all of the following:

(a) The provision of medical care for physical and mental health needs.

(b) Assistance in personal hygiene.

(c) Adequate clothing.

(d) Adequately heated and ventilated shelter.

(e) Protection from health and safety hazards.

(f) Protection from malnutrition, under those circumstances where the results include, but are not limited to, malnutrition and deprivation of necessities or physical punishment.

(g) Transportation and assistance necessary to secure any of the needs set forth in subdivisions (a) to (f), inclusive.

“Isolation” means any of the following:

(1) Acts intentionally committed for the purpose of preventing, and that do serve to prevent, an elder or dependent adult from receiving his or her mail or telephone calls.

(2) Telling a caller or prospective visitor that an elder or dependent adult is not present, or does not wish to talk with the caller, or does not wish to meet with the visitor where the statement is false, is contrary to the express wishes of the elder or the dependent adult, whether he or she is competent or not, and is made for the purpose of preventing the elder or dependent adult from having contact with family, friends, or concerned persons.

(3) False imprisonment, as defined in Section 236 of the Penal Code.

(4) Physical restraint of an elder or dependent adult, for the purpose of preventing the elder or dependent adult from meeting with visitors.

Jeff Aidikoff is an elder abuse attorney in Beverly Hills, CA.  He can be reached at (800) 981-5932 or jeff@aidikofflaw.com.

One of the most pressing issues in the fight against elder abuse is financial exploitation of seniors.  It can start something like this:  You’re 72 years old; you’ve planned your retirement a certain way; and that plan isn’t taking hold as envisioned- maybe your granddaughter needed emergency surgery that you contributed to; your 401k tanked with the bust of the internet or housing markets; or a flailing economy got the better of your twilight years.  It can happen to anyone.

But have no fear! You’ve just been approached with an investment opportunity by a [sometimes trusted] financial advisor that can change everything!!

Well, you’re right about one thing… it can change everything- and probably will…just not for the better.

The scenario just described is happening to seniors at alarming rates.  Across the country seniors are realizing their nest egg isn’t carrying them as far as they would like, nor will it provide inheritance for their children and grandchildren- making them ripe for abuse. It’s easy in that situation to think one investment or an advisor’s advice can get you out of your hole and into a comfortable retirement.  Not so fast.

The most important aspect of portfolio management is asset allocation.  In 1990, The Nobel Memorial Prize in Economic Sciences was awarded to an economist who discovered that over 90% of a portfolio’s performance is based on choosing the correct proportions of various assets rather than stock picking or market timing, which in turn minimizes risk and maximizes returns most effectively; a theory known today as Modern Portfolio Theory (MPT).

Over the years many people have thought that an age to bond ratio; i.e., your age mirrors the percentage of  bonds your portfolio holds- is an appropriate measure to determine whether a portfolio’s assets are properly allocated under the MPT.  For example, if you are 80 years old then your portfolio should reflect an 80% bond allocation.  If you realize your current asset allocation doesn’t reflect an age:bond ratio, and you’re in or entering retirement, you’re at risk.

The point to remember is that if you feel your savings is inadequate to provide the lifestyle you desire, or the inheritance you anticipated, then take extreme caution before making ANY type of investment.  Advice from a fee-for-services financial advisor regarding an investment and/or your portfolio’s allocation is preferable, as those individuals are not in the business of selling financial products.

At the end of the day- that investment opportunity you thought could change everything may not only do just that- it could leave you in ruins.

For any questions or inquiries please visit aidikofflaw.com or call (800) 981-5932.

Jeff Aidikoff is an elder abuse attorney in Beverly Hills, CA.  He can be reached at (800) 981-5932 or jeff@aidikofflaw.com.

Know what an Ombudsman is?  Know what one does?  If not, you aren’t the only one in the dark. In fact, most people are surprised to learn that they’re on the front lines of elder abuse prevention.

How? An Ombudsman is an advocate for residents of nursing homes, board and care homes and assisted living facilities.  Their mission is to help elders and their families find quality long-term care options; they also investigate claims of elder abuse and pursue passage of legislation intended to increase civil and criminal penalties for abusers.

The Federal Ombudsman Program is administered by the Administration on Aging (AoA).  The network has 8,700 volunteers certified to handle complaints and more than 1,300 paid staff. Most State Ombudsman Programs are housed in their State Unit on Aging.  Nationally, in 2008 the Ombudsman Program investigated over 271,000 complaints made by 182,506 individuals and provided information on long-term care to another 327,000 people

California has a Long-term Care Ombudsman Program under the federal Older Americans Act and California’s Older Californians Act.  The primary responsibility of the program is to investigate and  resolve complaints made by, or on behalf of, individual residents in long-term care facilities, including nursing homes, residential care facilities for the elderly, and assisted living facilities.

The California Long-Term Care Ombudsman Program is a community-supported program. Volunteers are an integral part of this network.  35 local Ombudsman Program Coordinators are responsible for recruiting, training, and supervising the volunteer Ombudsman representatives.

Ombudsman services are free and confidential. Contact your local LTC Ombudsman Program for the following resident services:

• Questions or concerns about quality of care
• Questions or concerns about financial abuse
• Suspected physical, mental or emotional abuse of residents
• Witnessing services for Advance Health Care Directives
• Requesting an Ombudsman to attend a resident care plan meeting
• Requesting an Ombudsman to attend a resident or family council meeting

For any questions or inquiries please visit aidikofflaw.com or call (800) 981-5932.

Jeff Aidikoff is an elder abuse attorney in Beverly Hills, CA.  He can be reached at (800) 981-5932 or jeff@aidikofflaw.com.

With elder abuse on the rise, choosing a nursing care home for mom and dad requires a thorough investigation into the facility, its employees and its history.

The following are some guidelines when choosing a home:

1.  Home options. Determine which nursing homes are in your area.  This online tool will tell you where nursing homes are and how they rate in two areas: a) quality of care and b) how much time the staff spends with its residents.  According to the experts, only choose homes with 4 or 5 stars in quality in care and 3.5-4.5 hours of care per resident per day.

2.  Compare costs. According to MarketWatch and a 2010 study by MetLife Mature Market Institute, the national average rate for a private room in a nursing home is $229 per day; for a semi-private room it’s $205 per day.  However, some homes charge close to $700 per day and some charge as little as $123 per day.   The variance between costs can depend on the facilities, number of patients, as well as your location.  Costs are higher in the Northeast and Alaska and in major coastal cities like New York, Los Angeles and San Francisco.  Therefore, make sure the home you choose reflects the level of care that will be provided and its location.  REMEMBER: higher costs do not equal a higher level of care.

3.  Make Multiple Visits. With your list of nursing homes that fit your budget, begin to visit the facilities on different days and at different times- making sure at least one of those visits is in the evening when staffing is typically thinner.  During your visits, look at how the staff interact with the residents: Do staff members smile at the residents?  Do they know the residents’ names?  Are residents responsive to the staff?  Do residents seem withdrawn and depressed, or are they engaged and somewhat active?  Remember, you are choosing a home, so ask residents about their experience with the staff, their comfort level and the food.

4.  Meet the employees and directors. It is important to know who will be screening the staff that works at the home you are visiting, as well as who makes the day-to-day decisions at the home.  A recent study by the Department of Health and Human Services, as reported by the New York Times,  discovered that more than 90% of nursing homes across the country employ one or more people who have been convicted of at least one crime.   Moreover, there is no law or federal regulation that requires nursing homes to check federal or state criminal history records for prospective employees, although many do.  Therefore, be sure to meet with the Director of Nursing, the Facility Administrator and the Medical Director to discuss the screening in place at the home, as well as any other issues that may arise during your visit.  And don’t forget to ask about their credentials and experience!

5.  Ask Questions! Do they conduct background checks?  If so, do they hire anyone with a criminal history?  Be sure to ask for a copy of the home’s most recent federal inspection, which will highlight problems the facility has had, including complaints of abuse or neglect.

For any questions or inquiries please visit aidikofflaw.com or call (800) 981-5932.

Jeff Aidikoff is an elder abuse attorney in Beverly Hills, CA.  He can be reached at (800) 981-5932 or jeff@aidikofflaw.com.

Most of the content in this blog is directly from an article written by Catey Hill, with MarketWatch.

Baby boomers are entering retirement.  Elder abuse is on the rise.  And the public knows little about how to prevent it.   One of the first steps towards prevention is recognizing the signs.

Sometimes signs of abuse, neglect or exploitation appear to be symptoms of dementia or signs of the elderly person’s frailty, which is also a common explanation provided by caretakers.  And in fact, many of the signs and symptoms of elder abuse do overlap with symptoms of mental deterioration.  However, never let your inquiry stop at the caretakers’ word; always investigate the signs.

General signs of abuse

The following are warning signs of some kind of elder abuse:

• Frequent arguments or tension between the caregiver and the elderly person
• Changes in personality or behavior in the elder

If you suspect elderly abuse, but aren’t sure, look for clusters of the following physical and behavioral signs:

Emotional abuse

In addition to the general signs above, indications of emotional elder abuse include:

• Threatening, belittling, or controlling caregiver behavior that you witness
• Behavior from the elder that mimics dementia, such as rocking, sucking, or mumbling to oneself

Physical abuse

• Unexplained signs of injury such as bruises, welts, or scars, especially if they appear symmetrically on two side of the body
• Broken bones, sprains, or dislocations
• Report of drug overdose or apparent failure to take medication regularly (a prescription has more remaining than it should)
• Broken eyeglasses or frames
• Signs of being restrained, such as rope marks on wrists
• Caregiver’s refusal to allow you to see the elder alone

Neglect by caregivers or self-neglect

• Unusual weight loss, malnutrition, dehydration
• Untreated physical problems, such as bed sores
• Unsanitary living conditions: dirt, bugs, soiled bedding and clothes
• Being left dirty or unbathed
• Unsuitable clothing or covering for the weather
• Unsafe living conditions (no heat or running water; faulty electrical wiring, other fire hazards)
• Desertion of the elder at a public place

Financial exploitation

• Significant withdrawals from the elder’s accounts
• Sudden changes in the elder’s financial condition
• Items or cash missing from the elder’s household
• Suspicious changes in wills, power of attorney, titles, and policies
• Addition of names to the senior’s signature card
• Unpaid bills or lack of medical care, although the elder has enough money to pay for them
• Financial activity the senior couldn’t have done, such as an ATM withdrawal when the account holder is bedridden
• Unnecessary services, goods, or subscriptions

Healthcare fraud and abuse

• Duplicate billings for the same medical service or device
• Evidence of overmedication or undermedication
• Evidence of inadequate care when bills are paid in full
• Problems with the care facility:
  - Poorly trained, poorly paid, or insufficient staff
  - Crowding
  - Inadequate responses to questions about care

The baby boomers are just entering retirement.  Incidents of abuse are increasing exponentially.  The public needs to be educated about the signs of abuse.  Knowing the problem is the first step towards preventing the problem.

For any questions or inquiries please visit aidikofflaw.com or call (800) 981-5932.

Jeff Aidikoff is an elder abuse attorney in Beverly Hills, CA.  He can be reached at (800) 981-5932 or jeff@aidikofflaw.com.