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- MANDATORY REPORTING SIGNED INTO LAW!
On Thursday, May 16, 2013, Governor Hickenlooper signed SB 13-111 - Concerning Abuse of At-Risk Adults and Making an Appropriation, into law. The bill was sponsored by Sen. Evie Hudak and R... - ELDER ABUSE MANDATORY REPORTING BILL CLEARS CO SENATE
The Meyer Law Firm has worked with Charles Carter and Sen. Hudak to get this bill passed. Charles Carter has been trying to get mandatory reporting of elder abuse passed in Colorado for 17 years. C... - ELDERS AND DRIVING
Elder drivers are understandably reluctant to give up their car keys — the ability to drive may be their only way to access friends, food, health care and other necessities. Yet the safety of elder ... - Boulder, CO–Theft from Elder Mother-In-Law Results in Guilty Plea
According to an article in the Boulder Daily Camera, John Byrne, 62, formerly of Boulder, has pleaded guilty to felony and misdemeanor theft for stealing from his elderly mother-in-law. His mother-... - Public Guardianships
A Public guardianship or conservatorship is where the State or an unrelated third party and not you or a family member takes control of your life. What began as a humane way to handle someones affair...
MANDATORY REPORTING SIGNED INTO LAW!
- On Thursday, May 16, 2013, Governor Hickenlooper signed SB 13-111 - Concerning Abuse of At-Risk Adults and Making an Appropriation, into law. The bill was sponsored by Sen. Evie Hudak and Reps. Sue Schafer and Amy Stephens. Ann Toll attended the ceremonies, as did Charles Carter who has been working on getting this passed for 17 years. The bill establishes a new class of protection by Adult Protective Services for “at-risk elders.” It also requires mandatory reporters to report suspected abuse of at-risk elders within 24 hours of discovering the abuse.
ELDER ABUSE MANDATORY REPORTING BILL CLEARS CO SENATE
The Meyer Law Firm has worked with Charles Carter and Sen. Hudak to get this bill passed. Charles Carter has been trying to get mandatory reporting of elder abuse passed in Colorado for 17 years. Colorado is one of only three states that does not have such a law. The bill would require doctors, nurses, social workers, clergy members, law enforcement officers, nursing home staff, home health care workers and others to report any neglect or abuse of anyone over the age of 70 within 24 hours of observing the abuse. Those who willfully fail to report abuse could face a fine up to $750 and up to six months in jail, the Denver Post reports.
“We have an obligation to prevent crime and to lessen the effects on victims and that’s what this bill does,” Sen. Evie Hudak, D-Westminster, sponsor of the legislation, told the Senate Judiciary Committee on Wednesday.
Hudak said similar legislation has been proposed for decades, but there always were concerns about how it would be paid for because increased reporting of elder abuse could raise case loads for Adult Protective Services investigators. A 2005 bill was vetoed by then-Gov. Bill Owens.
However, Gov. John Hickenlooper, a Democrat, is recommending $5 million in the 2013-14 state budget for elder abuse programs. State revenues are starting to recover after several years of faltering tax collections.
Under the bill, “abuse” includes bodily harm as well as confinement or sexual abuse. The bill also addresses caretaker neglect and it covers financial exploitation as well.
Supporters amended the bill in committee to clarify that while clergy members are mandatory reporters under the bill, the “penitent privilege” that allows a clergy member to keep certain information confidential, such as in the case of a parishioner giving a confession to a priest, still applies.
No one testified against the bill on Wednesday, but Sen. Kevin Lundberg, R-Berthoud, said he had concerns about the clergy exception. Lundberg said the language essentially mirrored the same section of a mandatory reporting bill in child abuse cases and which had caused confusion in certain cases.
“We don’t know what that (language) means when the rubber meets the road,” Lundberg said.
Deputy Attorney General David Blake, who helped work on language in the bill, acknowledged there would be “incredibly difficult situations that arise” under the bill. But Blake said there is considerable case law regarding the penitent privilege judges can work from.
The Senate Judiciary Committee passed the legislation on a 4-1 vote, with Lundberg the sole vote against. The bill now must go to the Senate Appropriations Committee before it can go to the full Senate.
ELDERS AND DRIVING
Elder drivers are understandably reluctant to give up their car keys — the ability to drive may be their only way to access friends, food, health care and other necessities. Yet the safety of elder drivers is becoming an increasing concern. Evidence reveals that elder drivers are more prone to accidents in general and are even more prone to fatal accidents. States have varying perspectives on this topic and have taken different actions to prevent drivers unable to safely operate a vehicle from getting behind the wheel. This Issue Brief discusses the legal approaches currently being used across the U.S., shares evidence that justifies intervention — along with the unintended consequences of action, and offers some solutions. This 50-State Compilation summarizes elder driver laws in each state.
Here is a good link to an article on elders and driving.
http://www.thehartford.com/advance50/family-conversations-with-older-drivers
Boulder, CO–Theft from Elder Mother-In-Law Results in Guilty Plea
According to an article in the Boulder Daily Camera, John Byrne, 62, formerly of Boulder, has pleaded guilty to felony and misdemeanor theft for stealing from his elderly mother-in-law.
His mother-in-law, retired University of Colorado professor Charlotte Short, 94, suffers from dementia and is in nursing care in Boulder, said Jane Walsh, director of community protection for the Boulder County District Attorney’s Office.
Byrne, who was married to Short’s daughter before the daughter passed away, was given power of attorney over Short’s estate in 2005.
He drained her assets, took out loans on her house and stopped paying for her nursing care, taking about $578,000, Walsh said. Short’s late husband’s family stepped in to sort out her affairs, she said, and uncovered the theft.
His sentencing is set for Feb. 1. He faces up to six years in jail.
Public Guardianships
A Public guardianship or conservatorship is where the State or an unrelated third party and not you or a family member takes control of your life. What began as a humane way to handle someones affairs, has warped into a predatory practice of stripping one of their money and their rights.
• the right to contract, including the right to choose a lawyer;
• the right to control their assets and make financial decisions;
• the right to remain in their own home and protect it from sale;
• the right to protect and enjoy their personal property;
• the right to choose where to live;
• the right to accept or refuse medical treatment, including psychotropic drugs;
• the right to decide their social environments and contacts;
• the right to assure prompt payment of taxes and liabilities;
• the right to vote;
• the right to drive;
• the right to marry; and
• the right to complain.
Possible alternatives to a public or a full conservatorship include, but are not limited to: establishment of trusts; voluntary or limited conservatorships; representative payees; revocable living trusts; durable powers of attorney; and custodial trust arrangements.
In addition to protecting the interests of the elder, such alternative arrangements avoid court action, delay, and expense. Additionally, related parties may be able to use social service agencies and volunteer organizations to help persons requiring assistance, or the court may ratify individual transactions rather than impose a conservatorship.
The Meyer Law Firm is vigilant in its protection of the civil rights of our elders and at-risk adults. If you or a loved one is in this situation call William right away–303-444-1618 or email william@meyerelderlaw.com.
New App Lets Users Search Nursing Home Deficiencies by Keyword
A new consumer-targeted Internet tool allows users to search the federal nursing home inspection reports and deficiencies by keyword, city and facility name. The Nursing Home Inspect database covers nearly 118,000 deficiencies at 14,565 homes. Users can now search the database by keywords such as “elopement” or “pressure sore” or “mistreat.” In an effort to prevent users from misinterpreting data, ProPublica, the designer of the database, cautions users that the database contains information focused on facilities’ problems, rather than their accomplishments or improvements.
For more information:
http://www.mcknights.com/new-app-lets-users-search-nursing-home-
deficiencies-by-keyword/article/254641/?DCMP=EMC-MCK_Weekly
Forum on Elder Financial Exploitation | Denver Elder Financial Abuse Lawyer
According to the Cleveland Plain Dealer, the Consumer Financial Protection Bureau will be involved in a free forum on protecting the nation’s elderly from financial abuse. The forum, which will take place in Cleveland, is intended to help professionals who work with the elderly design ways to help protect them. In recent years, more people have spent their time and energy taking advantage of the elderly, and using more and more technology to financially exploit them. The hope is that people from social workers to bankers can keep an eye on their elderly clients, and hopefully help put a stop to some of the abuses.
Do you believe that your elder loved one may be the victim of financial exploitation? Contact an experienced Denver elder financial abuse lawyer to discuss your options.
The National Center on Elder Abuse has reported that a true estimate of the extent of the problem of elder financial exploitation would be difficult to gauge. This is because many cases go unreported, for various reasons. People may feel embarrassed about being victimized in this way. In some cases, they may not actually become aware of the problem until they feel that it is too late.
If you believe that your elder loved one is being exploited, contact an experienced Denver elder financial abuse attorney today. William Meyer has helped numerous families in Denver, Boulder, and all over Colorado to protect their parents, grandparents, and other elderly family members. William is a dedicated Denver elder financial abuse attorney who can help you protect your family. Don’t allow those who protected you when you were a child to fall victim now that they are at their most vulnerable. For more information and a FREE CASE EVALUATION contact William at The Meyer Law Firm today at (303)444-1618.
Elderly Woman Physically Abused | Denver Elder Abuse Attorney
An NBC News affiliate in Tucson, AZ reports a case of an elderly woman being physically abused by the registered nurse whose job it was to care for her. The elderly woman suffers from diabetes and alzheimer’s, and requires significant care. Co-workers of the nurse who looked after her noticed a cut, and some swelling and bruising on the woman’s lip, and decided to investigate. The nurse tells a story of her hurting herself on her safety harness, but the elderly woman says that her nurse physically abused her. Also relayed is a story of a gardener who stole hundreds of dollars by way of check forgery from the elderly woman who hired her to tend her yard.
Do you believe that your elder loved one has become victim to physical or financial abuse? Contact a dedicated Denver elder abuse attorney immediately to discuss your options.
According to the National Center on Elder Abuse, studies suggest that over a million Americans over the age of 65 have been physically, financially, or emotionally abused by caregivers. The disturbing fact is that it is further estimated that only about 1 out of every 14 incidents is reported to authorities. There are many reasons why elder abuse is so frequently unreported, but the fact is that a shocking number of elder Americans are not receiving the standard of care that they deserve.
If you believe that your elder family member is being abused or neglected by a caregiver, don’t ignore the problem. Knowing what to do can be confusing, contact an experienced Denver elder abuse attorney; you don’t want to make serious accusations without foundation, but you certainly don’t want your loved one to continue to be mistreated. Dedicated, compassionate Denver elder abuse attorney William Meyer can help. From helping investigate your suspicions to directing you to resources to get help if your suspicions have been confirmed, to potential litigation, William has helped countless Coloradans to protect the health, safety, and dignity of their elder loved ones. For more information and a FREE CONSULTATION contact William today at (303)444-1618.
FALLEN ANGELS of Colorado
The Meyer Law Firm has started a separate blog entitled, “Fallen Angels” where people who have suffered abuse and neglect by caregivers, guardians, conservators, personal representatives or by anyone in the probate process-whether personally or through a loved one– can interact with one another. C.A.R.E.(Caregiver Abuse Reporting & Eformation) is an interactive, person-to-person watchdog group to monitor those caregivers. We praise the thousands of dedicated persons who take excellent care of our most vulnerable people and for their estates after they die. But there are some persons who take advantage of their situation to physically, mentally or financially abuse and take advanatge of the administration of their estates which they have been entrusted. It is these fallen angels whom we are bringing into the light through the C.A.R.E. system.
The present state government system for licensing and oversight of homemaker, health care providers, guardians, conservators, and personal representatives is overloaded and dependent upon provider self-reporting and after-the-fact complaints by families and concerned others. It is not working well enough to adequately protect the growing number of vulnerable persons in our elder and disabled communities.
If you would like to be a part of this effort, call or e-mail the firm with your interest and ask for Ann Toll at 303-444-1618 or ann@meyerelderlaw.com.
Elderly Financial Exploitation Rising | Colorado Elder Abuse Lawyer
According to a report by the AARP, financial exploitation of the elderly has been rising across the Unites States, with at least $2.9 billion lost to financial exploitation in 2010 according to one study. The fact is, because financial abuse of the elderly is believed to be significantly under-reported, there is no real way to know how much money is lost every year. Officials from the Justice Department and the Consumer Financial Protection Bureau will be working together under a $5.5 million grant from the Affordable Care Act to create a federal elder justice coordination team, according to Health and Human Services Secretary Kathleen Sebelius. This is the first time that the federal government has made a real coordinated effort to focus on financial exploitation of the elderly.
Are you concerned that a caregiver or other person is exploiting the finances of an elder family member? Speak with a dedicated Denver elder abuse attorney immediately to protect your loved ones.
It is believed that one of the main reasons that the elderly are such frequent victims of various fraud and swindling schemes is that as people age, in many cases they begin to struggle with mental comprehension. The fact that they sometimes have trouble understanding what is happening makes the elderly a target. There are things that you can do to try to protect your elderly family members and friends. In many cases, people are self-conscious about their aging, and don’t want to share financial information in the interest of retaining independence. Even in this case, by spending time with your family members and talking with them often about everything, you can try to ensure that they feel comfortable talking about things that concern them. Additionally, this will make it easier for you to keep tabs on who they are spending time with, and whether someone may be fostering a relationship that might have bad intentions.
If you believe that someone is taking advantage of your elder loved one, contact a dedicated Denver financial exploitation lawyer immediately. William Meyer has helped countless Colorado families to protect their loved ones from financial abuse. With years of experience as a Denver elder abuse attorney, and the resources to investigate your suspicions, William may be able to help you protect your family. In many cases, people who are being exploited tell no one even if they realize it, because they are embarrassed or afraid of losing independence. By asking William to look into their situation, you may be not only protecting your loved one, but others in the future as well. For more informatin and a FREE CONSULTATION contact William today at The Meyer Law Firm at (303)444-1618.
