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Safeguarding the Elderly by Mary McCure A large majority of frail, elderly people living in longterm care facilities do not have any visitors. If they were not being treated adequately or with dignity, they would have nobody to help them, if it weren’t for the Long-Term Care Ombudsman Program. Relatives who have concerns about their loved one’s treatment in a facility can also obtain help from the Ombudsman Program. Since 1985, the Ombudsman Program in Riverside County has been a program of Community Connect, a nonprofit organization. Staff and community volunteers are extensively trained and state-certified to objectively investigate and resolve problems of residents in nursing home and board and care homes throughout Riverside County. It is a program based on human kindness and the belief that all individuals have basic human rights and comforts that should be provided. All services are free and confidential. The program can provide help to resolve concerns about such issues as quality of care, food and nutrition, residents’ rights, proper placement costs, meaningful activities, therapy and rehabilitation, financial problems, medical care, and much more. Adult Protective Services investigates allegations of elder abuse outside facilities, while the Ombudsman Program is responsible for investigating allegations within facilities. In Riverside County, there are 13,594 elderly and disabled people living in 53 skilled nursing facilities and 651 residential care homes for the elderly. Ombudsmen visit the facilities on a regular basis. Without frequent visits, quality of care is difficult to monitor. This is especially true for those residents who have dementia or Alzheimer’s, as they cannot normally give adequate historical information on their care, and the quality of their care must be observed. Last year, the Ombudsman Program made nearly 7,600 visits to facilities and responded to 1,440 complaints from residents or family members. Each September, the Ombudsman Program honors the residents of some facilities on Grandparent’s Day by delivering fresh flower bouquets to them. This is not a funded activity but is supported by volunteers and soliciting donations. Community education is also a function of the Ombudsman Program. The program educates facility staff, family members, law enforcement, and other community members about care issues and the role of the Ombudsmen. Funding for the Ombudsman Program is provided primarily through the Office on Aging, plus grants and donations. In addition to its staff, the program depends heavily on volunteers; it currently utilizes the skills of 30 highly trained and certified volunteers, who work a minimum of 25 hours per month. Many volunteers have been with the program for over 10 years. Ombudsman services are provided throughout Riverside County. The main Ombudsman office is in Riverside at 2060 University Avenue. Offices are also located in Hemet and Cathedral City. For additional information, please call (951) 329-4704 (during working hours) or (800) 464-1123 (24 hours). Community Connect is a 501(c)(3) nonprofit organization, formerly known as the Volunteer Center of Riverside County. Since 1966, Community Connect has contributed to creating safe and healthy communities by “[c]onnecting those in need with those who can help.” Each year, more than 180,000 men, women and children are assisted through a vast array of services covering all of Riverside County. Community Connect covers many platforms of social service and community support, working in diverse focus areas such as volunteerism, housing, long-term care resident advocacy, transportation, and more. There are eight major program areas: 211 Riverside County Alternative Sentencing Program HELPline: Crisis/Suicide Prevention Long-Term Care Ombudsman Nonprofit Resource Center Housing Assistance Transportation Assistance Program Volunteer Connection Mary McCure has been the Program Director for the Long- Term Care Ombudsman for Riverside County since 2005 and has over 11 years of social service experience. She has a B.S in Human Services and is currently completing her Master’s Degree at the University of Southern California. Riverside Lawyer, June 2012 7
Elder Abuse by Tristan D. Svare We read more and more news items about elder abuse. Mickey Rooney testified before Congress about being abused by his caretakers. The son of wealthy socialite Brooke Astor was prosecuted for stealing from her while she suffered from Alzheimer’s disease. Every day, papers across the nation carry stories about elders being defrauded or neglected or abused. The United States government, in a study conducted over years, estimates that between one and two million older Americans are victims of abuse. (Panel to Review Risk and Prevalence of Elder Abuse and Neglect, Elder Mistreatment: Abuse, Neglect and Exploitation in an Aging America (2003).) Other studies indicate a prevalence of elder abuse of between 2% to 10%. (Mark S. Lachs and Karl Pillemer, Elder Abuse (Oct. 2004) 364 The Lancet 1192.) The elderly population, those 65 and older, is the fastest growing segment of the population. (AARP Program Resources Department and U.S. Department of Health and Human Services Administration on Aging,, A Profile of Older Americans (1993).) The elder population in Southern California and the Inland Empire is expected to almost double in size in the next 20 years. (“California’s population growth to slow in coming decades,” Los Angeles Times, Apr. 25, 2012.) What Is Elder Abuse? Elder abuse is a problem. It is happening every day. Elder abuse takes many forms. When we first hear the term “elder abuse,” we might think of an adult child hitting an older parent or a nursing home attending neglecting the needs of a resident. Elder abuse is these things, and more. Elder abuse can be striking or hitting or kicking an elder. It can take the form of yelling at or belittling an elder. Placing an elder in a position where their health is endangered is abuse – whether due to the inherent danger of the situation or the elder’s vulnerability, such as an existing health condition that can be aggravated by fear, by harmful surroundings, or by lack of medication or medical attention or proper food or diet. Elder abuse can be improper care for a patient or resident or someone who needs assistance. Elder abuse can include improperly restricting or falsely imprisoning an older person. And elder abuse can include stealing from an elder – stealing by use of force or fear, or by fraud or lying or deceit, or by embezzlement, whether by a trusted caregiver or a family member or a stranger or a professional. Elder abuse can take the form of a door-todoor scam artist selling inferior home repairs or a banker improperly accessing a client’s account and taking out funds. Elder abuse can include a family member having a parent who is unaware of their actions or of the repercussions signing over a deed to real property without proper compensation. (Pen. Code, § 368.) Elder abuse is not limited to the elderly. In California, elders are defined as those age 65 and older. But the crime of elder abuse also includes abuse of persons with a physical or developmental disability, whether from age, accident, injury, or disease, who are not able to look after or protect their rights as a person without a disability might. By California law, those with such disabilities are termed “dependent adults” in the elder abuse statutes. What Can Be Done About Elder Abuse? Knowing what constitutes elder abuse is one thing. Being in a position to do something about it is another. Elder abuse, like its cousins domestic violence and child abuse, occurs most often at home and behind closed doors. However, there are certain things to keep an eye out for if you notice or suspect abuse of an elder. First are the more telling signs, such as unexplained bruises or injuries – injuries that do not comport with the offered explanation or that occur after a visit or time spent with one particular person are of concern; a change in weight or appetite; injuries, particularly bed sores, that are not being treated or are getting worse instead of improving; unattended injuries; gangrene or the smell of rotting tissue; bad hygiene that is not addressed or being corrected or cleaned; injuries, marks, or bruises in the shape of form of a weapon, like finger marks or a coiled cord or a belt impression left in the skin. Warning signs can be as simple as a change in attitude or habits: an elderly neighbor who no longer is seen taking their regular morning walk; a customer who suddenly wants to take out thousands of dollars from their bank account without a legitimate need. What Attorneys Do About Elder Abuse Attorneys are often in a position to witness the signs of possible abuse: The family member suddenly back in the elder’s life who now insists on a transfer of title to real property, or who wants to make drastic changes to a will or trust; an elderly client in fear of a person in their life; a conservatee whose health is declining in a nursing home and who appears malnourished or who has unexplained injuries. Attorneys are sometimes reluctant to take action when they suspect abuse. However, safeguards are in place for just this occurrence. By being the holder of a power of attorney, or a trustee, or conservator, the attorney may be a caregiver 8 Riverside Lawyer, June 2012
Page 1 and 2: June 2012 • Volume 62 Number 6 MA
Page 3 and 4: Mission Statement Established in 18
Page 5 and 6: dents across the state, State Bar P
Page 7: Barristers President’s Message by
Page 11 and 12: What Happened to Mickey? by George
Page 13 and 14: When Grandparents Become Parents Wh
Page 15 and 16: Justice Thomas E. Hollenhorst: Cele
Page 17 and 18: Getting Your Client Their Rightful
Page 19 and 20: Law Day 2012 by Sophia Choi and Syl
Page 21 and 22: Elder Bankruptcy Filings: Capacity
Page 23 and 24: LGBT Couples Highlight Issues of a
Page 25 and 26: Decisional Capacity Dilemmas by Fra
Page 27 and 28: Some Thoughts on Mechanical Restrai
Page 29 and 30: the births of her two daughters, Me

In This Issue: - Riverside County Bar Association

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