Elder Law Prof Blog

New Old Age blog on financial exploitation by relatives and caregivers

Read: 
http://newoldage.blogs.nytimes.com/2009/05/19/in-financial-abuse-a-blind-spot-for-family/

ABA reissues Emeritus Attorney Guardianship Grant RFP

Revision and Re-Issuance of RFP for Mini-grants on Emeritus Indigent Guardianship Project*

The ABA has issued a new mini-grant announcement for the Emeritus Attorney Pro Bono Indigent Guardianship Project, sponsored by the ABA Commission on Law and Aging and the ABA Section of Real Property, Trust and Estate Law. The project is awarding up to five mini-grants of $5,000 each (instead of 10 grants of $2,500 each as previously announced). The objective is to develop model approaches specifically to recruit emeritus pro bono attorneys to handle indigent adult guardianship cases for low-income and other petitioners. The new due date for proposals is February 27, 2009.

The ABA urges interested bar organizations groups to apply,

and to work with stakeholders in your state such as state guardianship associations, state units on aging, state bar committees and sections on aging, legal services and more.

The revised RFP will soon be posted on the ABA's Web site at www.abanet.org/aging <http://www.abanet.org/aging>.

 

 

Recent posts of interest on Elder Abuse Prevention Blog

Powers of Attorney, Elder Justice, Help Hiring Helpers, and No More Minnesota Nice

I like the latter in particular: 

No More “Minnesota Nice"
As a native Minnesotan, I got a kick out of the Minnesota Department of Public Safety’s anti-scam campaign, “No More Minnesota Nice,” which warns Minnesotans about lottery and sweepstakes scams. I’d assumed that the point of the campaign was to urge us Minnesotans to eschew our notorious niceness and hang up on fraudsters as quickly as possible or tell them where to go. Which makes sense since criminal telemarketers know that the longer they can keep someone on the phone, the more likely they’ll be able to complete a scam. But the campaign’s promotional materials fall short of actually promoting or scripting rudeness. So, I thought I'd do it for them:

“The next time you’re contacted by a telemarketer, just say “!!#$%!!#!!”

Visit blog at: http://preventelderabuse.blogspot.com/

Canadian Conference on Elder Law/financial elder abuse issues in the news

Financial abuse of seniors quickly emerged as a hot topic Thursday as health-care experts, lawyers, academics and policy makers gathered in Vancouver for the fourth annual Canadian Elder Care conference.  But it was who was missing from the debate that generated the most comment among the estimated 150 international conference participants.  "So much of elder abuse is financial abuse and that involves the banks . . . and they're not here," said Graham Webb, a lawyer with the Toronto-based Advocacy Centre for the Elderly.  Margaret Easton of Westminster Savings Credit Union was the only voice representing financial institutions nationwide.  Easton, a counsellor in planning for elders, said her interests lie in educating people about seniors' rights related to the often complex and delicate negotiations around financial guardianship, and the creation of joint accounts.Without adequate training, bank workers can increase seniors' vulnerability to the bad -- or, in some cases deliberately misleading -- advice of family members or caregivers.It's a situation that can be corrected with proper education and motivation, Easton said. A recent U.S. survey found that 14 of the 22 leading indicators of financial abuse can be caught right at the bank teller window by an alert clerk.

Source/more:  Vancouver Sun, http://www.canada.com/vancouversun/news/westcoastnews/story.html?id=e4193e77-13a1-4dea-a0cf-9edb43a0efe5

Tribute to Del Martin

Here's the start of a recent post from the Elder Abuse Prevention Blog:

“When you add our society’s propensity toward violence with ageism and sexism, you have a dangerous situation.”Del Martin, 1995

The flags at San Francisco’s City Hall flew at half-mast on August 28 in memory of Del Martin, a pioneering figure in the fight for the rights of women, lesbians, survivors of domestic violence, and the elderly. Her seminal book Battered Wives, published in 1976 and updated in 1981 (Volcano Press), has been acclaimed as the first to explore domestic violence in the United States. In it, Del made the case that domestic violence wasn’t grounded in interpersonal dynamics but rather, in historical attitudes toward women, economy inequalities, and inadequacies in the legal and social service systems. Just two months before her death at the age of 87, she was still making history. She and her partner, Phyllis Lyon, were the first gay couple to be "remarried" when the California Supreme Court declared marriage for same-sex couples a fundamental right. Their earlier marriage, along with thousands of others, was nullified four years ago.

In the mid 1990s  I interviewed Del for nexus, a publication for affiliates of the National Committee for the Prevention of Elder Abuse. At the time, she was serving on the Advisory Committee for the San Francisco Consortium for Elder Abuse’s “Developing Services for Older Battered Women,” a pilot project funded by the Administration on Aging (DHHS) to explore the link between elder abuse and domestic violence. Her insights and advice are as relevant to our field today as they were when we spoke 13 years ago.

Domestic Violence Activist Speaks out on Elder Abuse
The domestic violence movement has always been a grass roots, self help movement. In the early days, many feminists who had given up on the system got involved. To a great extent, it was women who had left abusive relationships who ran the shelters and led the movement. At one point, we even had an underground railroad to send women who were leaving abusive relationships to other states with other identities. Some women would go from state to state to get away from abusive men. Just leaving a relationship doesn’t mean a woman is free.

Read more:  http://preventelderabuse.blogspot.com/

Call for papers: deadline

Australian Guardianship and Administration Council
2009 National Conference
Social Inclusion: The Future of Ageing, Disability
and Substituted Decision-Making

BRISBANE : 19-20 MARCH 2009
Hilton Hotel

FIRST & FINAL CALL FOR ABSTRACTS
Closing date for receipt of abstracts: Tuesday 30 September, 2008

Abstracts for papers that address these and related issues are invited and may include a consideration of:
Please note that the acceptance of papers etc.
is contingent on registration for the Conference.

• Assessing capacity
• Use of enduring powers of attorney, advance health directives and
family agreements
• Guardianship, including protection of rights and developing best practice
• Responding to challenging behaviour,
mental illness, personality disorders and homelessness
• Administration and financial protection of the vulnerable
• Medical treatment decisions including end of life
decision-making
• Tribunals - structure, fact finding, confidentiality and procedural fairness
• Promoting human rights
• Engaging with Indigenous Communities
• Responding to the needs of our vulnerable aged

Please ensure that you comply with the following and forward (details below)
no later than 30 September 2008.
Abstracts must be:
• typed in Microsoft Word
• no more than 300 words
• submitted by email as an attachment or by post on a CD or floppy disk
(faxes will not be accepted)
Abstracts should include:
• Name of conference
(“AGAC Conference”)
• Title of presentation
• Author/s name(s), with name of presenting author underlined:
• Authors’ affiliations
• Main author’s address and contact details (postal and email addresses, phone and fax numbers)
Please forward abstracts by email to:
agac@conorg.com.au

or on a CD to:

AGAC Conference
c/- The Congress Organiser
146 Leicester Street
Carlton, Victoria 3053
AUSTRALIA

Receipt of all abstracts will be
acknowledged by email.

Canada: Reform Urged for Enduring Power of Attorney laws

Uniform Improvements Recommended for Enduring Powers of Attorney in the Four Western Provinces

Many people rely on enduring powers of attorney (EPAs) to authorize an attorney to handle their financial affairs while they are mentally incapable. In its report, Enduring Powers of Attorney: Areas for Reform, Western Canada Law Reform Agencies (WCLRA) recommends improvements in the EPA statutes of all four western provinces to address common issues. These recommendations are designed to make it easier to use EPAs in cross-border situations, to promote wider understanding and knowledge of attorney duties, and to provide some additional safeguards against attorney misuse of an EPA.

To make it easier to use EPAs in cross-border situations, WCLRA proposes:

·      standard formal requirements for making EPAs;

·      uniform legislative changes to promote recognition of EPAs made
in other provinces;

·      a standard form EPA, for those who wish to use it.

WCLRA recommends that each province adopt and publicize a uniform statutory list of attorney duties. If everyone knows how an attorney is supposed to act, there is less chance that an attorney will misuse the power of an EPA through ignorance.

To safeguard against misuse, it is important to bring an attorney’s conduct out into the open where others can notice if something seems wrong. Proposed safeguards in this area include:

·      an attorney must give a formal notice to certain people when
the attorney starts to act under the EPA;

·      persons who suspect misuse can contact a public official, who
would have the discretion to investigate;

·      the public official would have the power to freeze accounts,
obtain information from financial institutions, examine records and
obtain warrants for search and seizure;

·      financial institutions who suspect misuse would also be
empowered to temporarily freeze accounts while reporting their
suspicions.

WCLRA consists of the British Columbia Law Institute, the Alberta Law Reform Institute, the Law Reform Commission of Saskatchewan and the Manitoba Law Reform Commission.

Copies of this Report may be obtained at no charge by contacting The British Columbia Law Institute or by downloading it from the Internet
at: www.law.ualberta.ca/alri.

Upcoming conference--elder abuse and related topics

August 26 - 29, 2008
The 19th Annual National Adult Protective Services Association Conference
Adult Protective Services: Advocating, Protecting and Serving Vulnerable Adults
Sheraton Chicago Hotel & Towers
Chicago, Illinois
Email: Anne.Kincaid@APSNETWORK.ORG
Telephone: 720-565-0906
Website:  http://www.apsnetwork.org/Training/conference.htm 

September 10 – 11, 2008
5th Annual Making the Case for Justice Conference: Investigation and Prevention of Crimes Against Elder and Vulnerable Adults
Meydenbauer Center
Bellevue, Washington
http://www.meydenbauer.com/cgi-bin/cmr.cgi?event=40
Email: cyndee.cavanah@kingcounty.gov
Telephone: 206-296-8797

September 16, 2008 - September 19, 2008
Elder Abuse Instructor Training Program
Dallas, TX
Email: stateandlocaltraining@dhs.gov
Telephone: 800-743-5382
Website: http://www.fletc.gov/training/programs/state-local/training-opportunities/elder-abuse-instructor-training-program-eaitp/

September 23-25, 2008
Prosecuting Elder Abuse Cases
National College of District Attorneys – America’s School for Prosecutors
National Advocacy Center
Columbia, South Carolina
Email: erin.gaddy@ndaa.org
Telephone:  (803) 705-5093
Website: http://www.ndaa.org/education/ndaa/special_issues_training_schedule.html

December 3 – 6, 2008
8th Annual National Aging and Law Conference
Double Tree Hotel
Arlington, Virginia
Email: mgouge@aarp.org
Telephone: 202-434-2197
Website: http://aarpnltp.grovesite.com/page.asp?o=aarpnltp&s=NLTP&p=257256

Ed McMahon sues for elder abuse

Ed McMahon sued a hospital, two doctors and an investment tycoon Friday over a neck injury he has said has left him unable to work, a circumstance he has blamed for his recent money woes.  The lawsuit seeks an unspecified amount, claiming negligence, battery, elder abuse and intentional infliction of emotional distress. It was filed in Los Angeles Superior Court against Cedars-Sinai Medical Center, two doctors, and the owner of a home where he says he fell in March 2007.  The former "The Tonight Show" sidekick claims that Cedars-Sinai and its doctors originally discharged him with a broken neck and didn't adequately conduct two surgeries. McMahon's suit states his cardiologist later discovered that his neck was broken.

Cedars-Sinai has not been served with the lawsuit and could not comment on the allegations, said Simi Singer, a hospital spokeswoman.  Also named in the lawsuit is Robert Day, who owns an investment firm and has been on Forbes' list of richest Americans in previous years, and his wife. McMahon claims a ramp-like staircase where he attended a dinner party was "unsafe" because it was poorly lit and lacked handrails. 

Source/more:  AP, http://ap.google.com/article/ALeqM5hnRDS41TT3Iy0z4ISL2-0fOVA8pQD920K1B00

Thanks to Josh Ard for bringing to my attention.

IL governor launches "Break the Silence" elder abuse prevention campaign

Governor Rod R. Blagojevich today launched the fourth annual statewide “Break the Silence” campaign and proclaimed July as Elder Abuse Awareness Month in Illinois.  The Governor and the Illinois Department on Aging (IDoA) are encouraging those who are victims or suspect abuse to call the state’s 24-hour Elder Abuse Hotline at (866) 800-1409, where trained professionals are on call prepared to assist. More than 10,000 reports of elder abuse were made during FY 08, which reflects a 16 percent increase in reporting since the campaign was initiated.

“Our seniors have the right to be treated with dignity, respect, and to feel safe and secure.  Unfortunately, many seniors find themselves victims of abuse and neglect which is unacceptable,” said Gov. Blagojevich.  “The sooner we know about a case of abuse, the sooner we can put a stop to it.  But in order to keep up the fight against abuse and neglect, we need everyone to do their part.  If you suspect a case of elder abuse report it.  Elder Abuse prevention will help keep thousands of seniors safe each year.”

It is estimated as many as 80,000 older adults in Illinois are elder abuse victims.  Elder abuse is defined as neglect, physical injury, mental, sexual, or financial exploitation to an adult 60 years of age or older.  If you suspect someone is being abused, the following indicators may point to a problem:

· Untreated injuries, sprains or dislocations, scratches and cuts
· Sudden changes in behavior and/or withdrawal in social settings
· A caregiver’s refusal to allow visitors
· Dehydration, malnutrition, poor personal hygiene, untreated health problems, hazardous or unsafe living conditions; and
· Sudden changes in bank account or banking practices, the inclusion of additional names on a victim’s bank signature card, unauthorized withdrawal of the victim’s funds using the victim’s ATM or credit card and abrupt changes in a will or other financial documents.

“Elder abuse happens everyday and most often the cases go unreported,” said IDoA Director Charles D. Johnson.  “We’re working to raise awareness so victims know there is help.  I encourage anyone who is a victim of elder abuse or suspect abuse to call our 24-hour Elder Abuse Hotline so that we can help.  No one has to go it alone.”

Since the start of the “Break the Silence” campaign the number of reports of elder abuse has continued to increase.  In FY 05, the year prior to starting the campaign, 8,584 reports of elder abuse were received.  In FY 06, during the first campaign year, the number of elder abuse reports increased to 9,191.  During the second year of the campaign in FY 07, the number of reports increased to 9,535.

If you are a victim of elder abuse or suspect an elder is being abused, call the Illinois Department on Aging’s 24-hour Elder Abuse Hotline at (866) 800-1409 or TTY at (888) 206-1327.  Trained professionals are on call and prepared to take reports of elder abuse and forward them promptly to local senior protective service agencies or law enforcement.  All calls and information related to elder abuse are strictly confidential. 

Source:  Office of the Governor of Illinois Press Release, http://www.illinois.gov/PressReleases/ShowPressRelease.cfm?SubjectID=1&RecNum=6950