What do actor Mickey Rooney and the late philanthropist Brooke Astor have in common? Unfortunately, the tie that binds these two famous names is that of elder abuse. Rooney, who is now 90 years old with one of the longest careers of any actor, filed a case against his stepchildren in February, 2011 charging verbal, emotional and financial abuse, and alleging that they denied him such basic necessities as food and medicine.

Mr. Rooney testified that the pair not only took all of his identification, but that they also put a lock on the refrigerator and threatened him if he were to come forward. Luckily, he did come forward and recently testified about his experience to a special Senate committee considering legislation to curb abuses of senior citizens.

Brooke Astor was a beloved New York philanthropist, with an estimated estate of $185 million. As Mrs. Astor grew elderly and infirm, Astor’s grandson filed a lawsuit seeking the removal of his father as her legal guardian. The lawsuit alleged that Marshall had not provided for his elderly mother and allowed her to live in squalor. Furthermore, the lawsuite alleged that he had cut back on medication and doctor’s visits, while enriching himself with income from her estate. In 2009, Brooke Astor’s son was convicted of stealing millions from her.

It is estimated that near half a million elderly people are being abused by family, friends, and/or advisors. The crime is known as elder exploitation, and many of the victims are too sick to know that abuse is taking place or to be able to report the abuse. For those that suspect there is an issue, fear of abuse, abandonment, and retribution also play a role in keeping them from reporting their concerns.

An elder law attorney can address many of the issues that senior citizens are facing. If you or a loved one suspects elder abuse, not only should you seek assistance immediately, but consult with an elder law attorney for guidance.

The Hammond Law Group is a member of the American Academy of Estate Planning Attorneys.

Having to consider a guardianship over an aging parent is difficult, although sometimes necessary. If your loved one has revocable living trust or, in some cases, a recent durable power of attorney, properly drafted, and a health care proxy in place, the need for a guardianship proceeding may be eliminated – but what exactly is involved with a guardianship proceeding?

A guardianship is a legal relationship in which a probate court gives an appointed person, the guardian, the power to make personal and financial decisions for a ward, the person who is no longer capable of managing these decisions on their own. A guardian can be appointed when someone is incompetent due to mental illness, including dementia or Alzheimer’s disease, or physical incapacity.

Some of the steps that may be taken during a guardianship proceeding are:

• First, evaluate your loved one to determine if, in fact, they are unable to care for themselves. This can involve family members, personal observations and physicians. In some cases, such as when someone has had a stroke and is completely incapacitated, this may be clear, whereas in other cases, such as someone who aging with memory loss, it may be less clear whether the person is still able to handle their own affairs.
• If it is determined that the person is unable to care for themselves, you would then need to file a petition in the Probate Court requesting that a guardian be appointed.
• The Court will require that the proposed ward receive notice of the petition. The Court sets a date by which anyone, including the proposed ward, may object to the guardianship.
• A hearing is held and the judge decides whether a guardian should be appointed.
• A temporary guardian can be appointed for 90 days, or a permanent guardianship can be established.

Having the proper documents in place can help both you and your loved ones avoid a guardianship proceeding. Work with an elder law attorney to make sure you have plans in place to address issues that may come up later in life.

The Hammond Law Group is a member of the American Academy of Estate Planning Attorneys.

If you have had to relocate a loved one to a nursing home, you know how difficult it is to find the right facility, determine how to pay the nursing home expenses and getting your loved one settled. But you need to stay vigilant once you do get them settled, for the involvement of family and friends is critical to the health and well-being of the resident.

Some tips for handling this transition:

Expect an adjustment period.

Moving someone you care for into a nursing home will be tense and painful for everyone involved. Family members will second guess their decision, while the resident must adjust their lives to their new living situation. Realize that there will be an adjustment period, but make sure it is not too much of one.

Watch for dramatic changes.

During the first few weeks, watch for dramatic changes in the health, mood or appearance of your loved one. Rapid weight loss or pressure sores can indicate nursing home neglect or substandard care.

Win over the staff.

Identify your loved one’s regular caregivers and get to know them, These efforts show your respect for the people responsible for meeting the needs of those unable to cope on their own, and it can go a long way. Conversations with staff can also offer them insights on the patient as well.

Stay involved.

Patients who receive regular visits from family and friends tend to have a higher level of care from staff. Visitors also have the opportunity to observe the level of care and advocate on behalf of their loved one.

A copy of the nursing home law that guarantees a nursing home patient’s rights are given to each resident. If you feel your loved one’s rights have been violated, contact me. As an elder law attorney, I can assist you.

The Hammond Law Group is a member of the American Academy of Estate Planning Attorneys.

You hope when you place your loved one in a nursing home that they will be respected and well-cared for. You understand that no one will care for them the same way the family could, but you never would expect anyone to abuse them. The signs of abuse can be so subtle that abuse may continue for months or years, before you understand what is going on.

Consider the following common signs of abuse:

Physical

Watch for sudden weight loss that cannot be explained by a medical condition or medications. Meals may be withheld or the nursing home resident may not be brought to the dining room or the resident can be skipped over by the staff if they require eating assistance. If you notice easy bruising (due to lack of protein), and increase in number of bruises, sunken eyes and cheeks, your loved one may be malnourished, dehydrated or suffering from physical abuse. Check for marks on the wrists and ankles where restraints may be applied. Notice the level of consciousness. Is your loved one always sleepy? Overmedication or oversedation is considered a restraint as well as an abuse.

Sexual

Sexual abuse is often more difficult to detect if you do not visual the genital area or wash your loved ones clothes. Bloodied or ripped underwear, bruising or bleeding in the genital area or presence of a sexually transmitted disease are all signs of sexual abuse in the elderly.

Verbal

Look for anxiety and fear when certain staff members or also other residents are around. Visible signs of depression, anxiety or hopelessness could indicate verbal abuse. Reports by your loved one that certain people are mean, while others are nice should be investigated. Also watch for sudden onset of “false dementia,” where the resident suddenly rocks, sucks or mumbles to themselves.

Financial

Recent changes to the estate planning documents should be investigated, as well as frequent bank account withdrawals. Pay special attention to any loan activity or mortgage changes. Each visit to the nursing home should include an inventory of personal property in the resident’s room as well, to make certain nothing has been stolen.

The majority of nursing homes are respectful of all residents and want to help them lead healthy and happy lives. There are those, however, who have some abuse or management difficulties that can lead to harm of the residents. If you suspect a situation of abuse, contact the State licensing board for nursing homes as well as the administrator of the home and perhaps consider moving your loved one to a different facility.

The Hammond Law Group is a member of the American Academy of Estate Planning Attorneys.

Guardianship may enter the life of a senior citizen when they are found to be lacking the ability, or capacity as it is known in legal terminology, to manage their own affairs. A court may be needed to intervene and appoint a Guardian to serve as a substitute decision maker for a person.

There are two types of guardians that may be appointed by a court to make decisions:

• A guardian of the person who has the authority to make personal decisions for the protected person, including decisions regarding health care and living situations; and
• A guardian of the estate who has the authority to manage the protected person’s money and other property.

One person may be appointed as both the guardian of the person and the guardian of the estate.

A guardianship attorney is able to assist in many aspects of the guardianship process, which is a paperwork intensive, court process. Their duties can include:

• Initiating hearings to determine competence;
• Setting up trusts for an adult family member with special needs;
• Annual reporting and accounting of assets and expenses; and
• Being the guardian of the protected person.

Guardianships are often the last choice in helping a loved one who may be impaired due to age or illness. In fact, many estate planning tools are set up to avoid the need for guardianship proceedings. But if the time does come for this intervention, a guardianship attorney helps guide families through protective proceedings.

The Hammond Law Group is a member of the American Academy of Estate Planning Attorneys.

It is estimated that approximately 7 million Americans care for a senior relative long distance. Not only do they face the emotional burdens of trying to care for a family member who lives elsewhere, but they face financial burdens as well. Some tips for dealing with this challenge:

1. Assess your parents’ needs.

Observe your parents and their environment when you visit. Look for unopened bills and letters on the counter, or other things that are out of the ordinary, such as food in the refrigerator that is well past the expiration date. Assess your parent’s mobility as well.

2. Look for changes from normal patterns.

You can also enlist the support of friends and neighbors who can contact you if they notice anything unusual.

3. Talk with your parents.

If you think that your parents could benefit from additional assistance, talk with them in a way that does not threaten their independence. You may be able to put together a plan that consists of family and friends willing to help. You might be able to arrange for grocery deliveries from the store or for someone to periodically clean the house. Make sure they know you want to help them stay in their home and independent.

4. Have an incapacity plan in place.

If your parents need assistance managing their financial affairs, a durable power of attorney can be used to appoint someone to take over these tasks, although many institutions require you to sign a new POA annually. A living trust is another estate planning tool that is used to manage property in the event of incapacitation.

5. Hire help.

If your parents require more assistance to be able to stay in their home, then you may have to hire in home caregivers to provide additional help. Home health aides may be needed if medical monitoring is appropriate, while personal care aides can assist with cooking, light housekeeping, and bathing.

An elder law attorney is well versed in the challenges faced by senior citizens and their families. Having plans in place is your best bet to allow your loved ones to maintain their dignity, as well as lessening the burden on their caregivers.

The Hammond Law Group is a member of the American Academy of Estate Planning Attorneys.

With a Colorado nursing home now costing over $70,000 annually, we discuss three ways families are handling the catastrophic costs of long term care for their loved ones.

1. Family Resources

Nearly 50% of nursing home residents pay nursing home expenses from their own savings. After they ‘spend down’ their resources, many seniors become eligible for Medicaid, the state-run, need-based program.

2. Medicaid

Medicaid usually enters the lives of the elderly when it comes to paying for long term care. For longer nursing home stays, once personal resources are exhausted, the resident becomes eligible for Medicaid to pay nursing home expenses. Eligibility varies by state, and Medicaid only pays for nursing home care provided in a facility certified by the government to provide service to Medicaid recipients.

3. Long Term Care Insurance

Long term care insurance is a private insurance policy. It is often expensive and many don’t realize that they should have a long term care policy, mistakenly believing that Medicare, the federal program that provides health care to those 65 and older, will pay for the costs. In 2008, Colorado launched its Long Term Care Partnership Program, which is an alliance between the private insurance industry and the state government to help Colorado residents plan for future long-term needs without depleting all of their assets to pay for care. It is designed to encourage and reward Colorado residents for planning ahead for future long term care needs, while saving the state run Medicaid program money.

Long term care needs should be addressed when discussing estate planning needs. Working with an estate planning attorney to plan for nursing home expenses before it becomes a necessity allows you more options in addressing long term care.

The Hammond Law Group is a member of the American Academy of Estate Planning Attorneys.

A guardian is a surrogate decision-maker appointed by the court to make either personal and/or financial decisions for a minor or for an adult with mental or physical disabilities. Guardianship may enter the lives of the elderly or infirmed if they lose the capacity to handle their own affairs. But guardianship is often the last resort, as it is taking away the personal rights of an individual, as well as allowing a personal issue to be aired within the public record of a court proceeding.

Rather than resorting to a guardianship, less intrusive alternatives should be considered before it becomes an issue or in lieu of a guardianship proceeding.

• Durable Power of Attorney: A durable power-of-attorney is in force even if a person becomes incapacitated. A durable power-of-attorney lets a person choose who will act on their behalf if he or she can no longer handle either finanical or personal affairs, therefore, the ‘attorney-in’fact’ that is designated must be someone who is totally trustworthy.
• Advance Medical Directive – An advance medical directive allows a person to select another person who will act as their agent in making health care decisions when the individual cannot make their own decisions.
• Living Trust – A trust is a powerful estate planning tool. Property is transferred into the ownership of the trust and put in the control of a trustee for the benefit of the individual. Although the trustee controls the funds, the trust document dictates how the money is to be handled and for whose benefit it should be spent. If a person’s funds are in a trust and the trustee is reliably paying the person’s bills, there may be no need for a financial guardian.

Having an estate plan in place can help avoid a guardianship proceeding should you or a loved one need assistance later in life, but should this become necessary, a guardianship attorney can assist with the process.

The Hammond Law Group is a member of the American Academy of Estate Planning Attorneys.

Elder abuse in any form can be difficult to detect. While signs of physical abuse may be visible via physical and emotional symptoms, there is another form of abuse that is much more difficult to detect with the elderly, that of financial exploitation.

Financial abuse can involve family members, caregivers or others stealing from a senior citizen. Other abuse may involve scams that target elderly victims. Some of the signs to watch with elderly loved ones include:

• A new caregiver or ‘friend’ who isolates the victim from friends and family;
• Frequent and/or large cash withdrawals;
• Different handwriting and signatures on checks or other financial documents;
• Large or numerous credit card transactions to unexplained sources;
• The disappearance of valuables from the home;
• Emotional symptoms such as fear of a caregiver;
• Names added to bank accounts or joint ownerships;
• New credit cards, loans or bank accounts opened by a senior citizen.

In Colorado, you may request a temporary restraining order to help protect a vulnerable elderly victim from further exploitation while the matter is investigated. You should also contact your local Adult Protective Services, state attorney general’s office, along with the police to report the crime. Since the wheels of justice turn slowly, there should be steps taken in the interim to avoid further financial issues, perhaps with a durable power of attorney document or a conservatorship to guard against future issues.

An elder law attorney can help you the through the process and ensure your loved one’s rights are protected, while using estate planning tools to avoid future exploitation.

The Hammond Law Group is a member of the American Academy of Estate Planning Attorneys.

Nursing home law is very specific when it comes to using restraints on residents, and we review the law and the rights of the resident. A restraint in a nursing home does not necessarily mean having a patient restrained to a bed. A restraint is the use of an object or device that is not easily removable by the patient, such as a waist belt, hand mitts, lap trays or even siderails to the bed.

It is estimated that over 6% of nursing home patients are restrained in some manner. Nursing home laws mandate that a restraint must be medically necessary for a patient, but some nursing homes have been found to use them improperly. Restraints may be improperly used when a nursing home does not have adequate staffing, has poorly trained staff or because they fear liability from a patient’s fall.

But in reality, The Nursing Home Reform Act of 1987 states that a nursing home resident has the right to be free from physical or chemical restraints, such as heavy doses of medications, used for purposes of discipline or convenience and that are not required to treat the resident’s medical symptoms. Even with patients who have a tendency to fall or wander, there are alternatives that may be explored, such as:

• Companionship and supervision by volunteers, family and friends;
• Physical activity such as exercise, outdoor time and activities to keep a patient occupied;
• Using alarms, proper lighting and individualized seating for patient safety;
• Meeting all physical needs such as hunger, toileting, sleep and exercise according to individual routine rather than facility routine to avoid attempts by the patient to do these activities unsupervised;
• Training staff to meet individualized needs;
• Maintaining staffing levels high enough to meet residents’ needs, including the use of heavier staffing during peak periods of day.

There are very specific nursing home laws regarding the rights of residents, and if you feel a loved one is being denied these rights, speak with a nursing home attorney should they not be resolved after addressing concerns with the facility.

The Hammond Law Group is a member of the American Academy of Estate Planning Attorneys.