Thursday, May 29th, 2008

Nursing Home Aduse is a serious crime. Most states have laws that include criminal penalties for different types of elder abuse. Often, nursing home abuse is not reported  because the individual homes do not take elderly abuse seriously. Residents are afraid they will be embarrassed, hurt or declared incapacitated if they tell.

Who to Report Abuse to

If you or someone you love has been the victim of nursing home abuse, contact legal counsel to find out what your rights are. If someone is in immediate, life-threatening danger, call 9-1-1 immediately.

If the danger is not immediate, but abuse is suspected, you must tell someone. Contact:

• A doctor

• A family member you trust

• Local adult protective services

• Long-term care ombudsman for the appropriate state

• Local police

How to Report Abuse

It is everyone’s personal responsibility to report any suspected case of elderly abuse to the authorities. When making a call to report nursing home or senior living abuse, you should be ready to give the elder’s name, address, contact information and details about your concerns.

Some questions you may need to answer include:

• Does the elderly person have any known medical problems?

• What kinds of family or other social support system does the elderly person have?

• Have you witnessed any incidents of hitting, yelling or other abusive behavior?
If you are reporting abuse but are not related to the victim, calling a nursing home abuse hotline is your smartest choice. Each state has organizations that monitor these hotlines and can offer help.

If you are making a formal complaint against a nursing home or specific staff member, you should find a sitter to monitor them in your absence or remove them from the nursing home right away.
 

Thursday, May 29th, 2008

A jury Thursday awarded $1 million in punitive damages to the family of a 104-year-old woman who died after a short stay at Villa Valencia Nursing Home in Laguna Hills.

The judgment against the center’s owner, Virginia-based Sunrise Senior Living, comes two days after the same Orange County Superior Court panel rendered a separate $1 million verdict for negligence in the March 2005 death of Mary Kathleen Adams of Laguna Hills.

Sunrise Senior Living operates 440 senior homes in the U.S. and abroad – says it will appeal the decision.

The trial, which began in March, revolved around the physical decline of Adams, a retired teacher who admitted herself to the home after fracturing her leg.

Adams then developed pressure ulcers and was not given adequate treatment, such as daily skin checks, according to the lawsuit. She left the home after about two months, on Feb. 25, 2005, and died about two weeks later because of the ulcers, the lawsuit says.

Friday, February 22nd, 2008

What is a Living Trust? By: Vicki Rubin-Howton, Attorney at Law

A living trust can be an important part-and in many cases, the most important part-of your estate plan. It is a written legal document that partially substitutes for a will. With a living trust, your assets (your home, bank accounts and stocks, for example) are put into the trust, administered for your benefit during your lifetime, and then transferred to your beneficiaries when you die.

Most people name themselves as the trustee in charge of managing their trust’s assets. This way, even though your assets have been put into the trust, you can remain in control of your assets during your lifetime. You can also name a successor trustee who will manage the trust’s assets if you ever become unable or unwilling to do so yourself.

Generally, a living trust is a revocable trust (sometimes referred to as a revocable inter vivos trust or a grantor trust). Such a trust may be amended or revoked at any time by the person or persons who created it (commonly known as the trustor(s), grantor(s) or settlor(s)) as long as he, she, or they are still competent.

Your living trust agreement:

• Gives the trustee the legal right to manage and control the assets held in your trust.
• Instructs the trustee to manage the trust’s assets for your benefit during your lifetime.
• Names beneficiaries (person/charitable organization) who receive your trust’s assets when you die.
• Gives guidance and certain powers and authority to the trustee to manage and distribute your trust’s assets.

The trustee is a fiduciary, which means he or she holds a position of trust and confidence and is subject to strict responsibilities and very high standards.

Vicki Rubin-Howton, Attorney at Law
rubinlaw@sbcglobal.net
Office: 714-541-2004
Cell: 949-939-0896

DISCLAIMER: This site and any information contained herein are intended for general informational purposes only and should not be construed as legal or tax advice. Seek competent legal counsel for advice on any legal matter. Courtesy of the State Bar of California.

Monday, January 21st, 2008

I get a lot of questions about how to talk to a loved one about driving. I have heard and seem horrible stories when a person refuses to give up their keys or when a loved ones waits too long to have the talk with their loved one. What do you do? What should you know?

Changes can often occur in your loved ones driving capabilities. Some of the common ones are vision loss, hearing loss, slower reaction times, illness. There are important questions to consider.

If you can answer yes to just one of the questions below, it could be time to take your elder to get off the road.

Top 10 Questions

1. Is the person driving less because he or she is no longer as confident about driving?

2. Does the driver have reduced peripheral vision, even if he or she can otherwise see 20/20 with corrective lenses?

3. Does he or she do well driving locally but struggle at higher speeds ?

4. Has he or she been in an accident that was his or her fault?

5. Is the driver hitting curbs, missing turns or putting pedestrians at risk?

6. Do other drivers honk when this person is at the wheel?

7. Does the driver say that cars or pedestrians seem to appear out of nowhere?

8. Have family, friends or doctors expressed concerns about the person’s driving?

9. Does the driver get lost easily, even is familiar areas?

10.Is the person a competent driver during the day but incompetent at night?

Friday, January 4th, 2008

If something happened to you who would be authorized to pay your bills or talk to insurance companies about your care? Who would decide whether to do a life threatening surgery or sue the the driver that hit you?

Your state will eventually find someone to fill these roles, after a costly and time-consuming court hearing. There is a good chance it might not be the person you would want.

That’s why you need the following legal documents:

• A durable power of attorney for health care, which lets you name who will make medical decisions for you.

• A durable power of attorney for finances, which designates who’ll handle your money.

• A living will, which tells doctors exactly what kind of care you do and don’t want to receive if you’re terminally ill and incapacitated.

 

You can get these documents drawn up by an attorney for around$300 to $700 in most areas.

 

Please seek legal advise from your lawyer. These are just tips for basic paperwork that is important to have.

Wednesday, October 3rd, 2007

Basics:

A Power of Attorney is a document that allows you to appoint a person or organization to handle your affairs while you’re unavailable or unable to do so.

General Power of Attorney - authorizes your Agent to act on your behalf in a variety of different situations.

Special Power of Attorney - authorizes your Agent to act on your behalf in specific situations only.

Health Care Power of Attorney - allows you to appoint someone to make health care decisions for you if you’re incapacitated.

Durable Power of Attorney - The general, special and health care powers of attorney can all be made “durable” by adding certain text to the document. This means that the document will remain in effect or take effect if you become mentally incompetent.

Please talk to your lawyer or Eldercare Advisor to learn more.