Recently, Clay M. Greene, a
78-year-old gay man from Sebastopol, CA., filed a lawsuit against Sonoma County,
accusing the County of, among other claims, elder abuse, elder financial abuse,
and violation of the Patient's Bill of Rights. Mr. Greene filed the lawsuit
after the County allegedly isolated...
I already tweeted this great post from South Carolina Nursing Home Blog, but it has been sticking with me. All seniors have done is work hard their whole lives, age, and not have planned to need to spend $10,000 a month on the care they need to stay alive - and for that they get institutionalized in...
As reported in April , Clay M.
Greene filed a lawsuit against Sonoma County after the County allegedly
isolated him from his partner of 29 years (placing the men in separate nursing
homes) and selling off their belongings under a conservatorship. Mr. Greene
accused the County of, among other claims,...
Possible Indicators of Incapacity, Undue Influence and
to persons (caregivers, service providers, friends) who are not the natural
objects of the client's bounty
□ Gifts to
anyone that are so large, given the size and nature of the client's estate, as...
A South Carolina woman is accused of neglect in the death of her 98-year old mother. Police who investigated say a pet parrot in the home would cry for help then laugh, mimicking the interaction between the mother and daughter. The bird would yell, "help me, help me," and then he would laugh...
An article by The Edcomm Group describes efforts to educate financial institutions on the role they can play in stopping financial abuse of the elderly. According to the National Center on Elder Abuse, elder financial abuse plagues over two million Americans each year, and it is the number one crime...
Elder abuse is where child abuse was
years ago. Under-reported. Poorly understood. And off the public's
radar. Fortunately, many efforts are being made today to bring the
growing problem into the light of day. That's the goal of Elder Abuse
Awareness Day, June 15th.
In March of this...
By David W. Tate
In Carter v. Prime Healthcare Paradise Valley, LLC
(California Court of Appeal, Fourth Appellate District, August 12, 2011,
No. D057852) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ] the Court affirmed the trial...
By David W. Tate
In Bullock v. Philip Morris (California Court of Appeal,
Second District, Case No. B222596) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ] the court affirmed a punitive damage
award that is 16 times compensatory...
By David W. Tate
Please see the message and link at the bottom of this page if you would like to vote this blog as an ABA top 100 law blog.
In Estate of Dito (California Court of Appeal, First Appellate
District, Case No. A128921) [ enhanced version available to lexis.com subscribers / unenhanced...
executed a Transfer on Death (TOD) designation affidavit in favor of Gail
Arenstein, Ms. Sirak's daughter. Thereafter, plaintiff/appellant, Eleanor's son,
filed suit against Gail and others. The complaint recited various incidents
which plaintiff/appellant urged demonstrate physical...
By Linda K. Chen *
* J.D. Candidate, Santa Clara School of Law,
Excerpt from Eradicating Elder Abuse in California Nursing
Homes, 52 Santa Clara L. Rev. 213 (2012)
For weeks, three certified nursing assistants (CNAs) at a California nursing
home physically assaulted and sexually...
Back in 2010 we warned you about the "Grandparent Scam." It goes like this: A grandparent, other family member or friend receives a call about a loved one. The caller claims that the grandchild is in trouble - arrested or in the hospital, for example - and says funds must be wired immediately...
Possibly you have read about Elder Abuse in various publications. Unfortunately, it is a real phenomenon. Abuse can occur in physical forms or financially. Well, Virginia just might be ahead of the curve in this matter. The Virginia General Assembly, backed up by the Virginia State Crime Commission,...
Hey, trusted loved one, stop abusing your elderly mother, father, aunt or uncle!
Of course, your abuse doesn't depend on you being a loved one, and the victim doesn't have to be a relative - just a senior who trusts you to treat him or her compassionately. And it might not be physical abuse...