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World Elder Abuse Awareness Day

In 2011, the United Nations designated June 15 as World Elder Abuse Awareness Day, recognizing Elder Abuse as a “global social issue which affects the health and human rights of millions of older persons around the world.” The World Health Organization defines Elder Abuse as any act or lack of action that occurs within a relationship where there is an expectation of trust. This can come in the form of financial, emotional, physical or sexual mistreatment. According to the National Center on Elder Abuse, about 5 million, or 1 in 10 older Americans, are victims of Elder Abuse, with about 1 in 14 cases going unreported. It is also worth noting that anyone can be a perpetrator of Elder Abuse. In fact, almost 60% of abusers in elder abuse and negligence cases are family members Here at Elder Law & Advocacy, we serve over 8,000 seniors annually in both San Diego and Imperial counties. If you have concerns regarding Elder Abuse for yourself or a loved one, please contact...

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Scam Alert from a Resident of Tierrasanta

In early December, I had a phone call from someone saying that he was from some outfit called: “Express Couriers.” (The name could be any courier company) He asked if I was going to be home because there was a package for me that required a signature. The caller said that the delivery would arrive at my home in roughly an hour. Sure enough, about an hour later, a uniformed delivery man turned up with a beautiful basket of flowers and a bottle of wine. I was very surprised since there was no special occasion or holiday, and I certainly didn’t expect anything like it. Intrigued, I inquire as to who the sender was. The courier replied, “I don’t know; I’m only delivering the package.” Apparently, a card was being sent separately… (the card has never arrived!) There was also a consignment note with the gift. He went on to explain that because the gift contained alcohol, there was a $3.50 “delivery / verification charge,” providing proof that he...

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New Year’s Message from Carolyn Reilly, Executive Director of Elder Law & Advocacy

Happy New Year! This is a time of looking back for many, but not for Elder Law & Advocacy. There is too much to look forward to; there is work to be done! This year, Elder Law & Advocacy’s dedicated, highly trained staff and volunteers will help over 3,500 persons who need information or assistance with Medicare-related issues; advise over 4,000 older adults with their legal matters; serve over 300 persons with their nursing home or assisted living concerns; travel to over 30 community-based sites to people nearest to where they live in the community; present information over 200 times to groups of clients, their families, and others. More than 8,000 individuals will receive services at no cost to them from Elder Law & Advocacy in 2016. Please visit our website to learn more about this phenomenal 30-year-old nonprofit organization and please consider making a donation to help us continue this...

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New Deed Available to Homeowners in California: The Transfer on Death Deed

As of January 1, 2016, California homeowners are able to create a deed that includes beneficiaries. California is the 25th state to allow this type of deed. Text of the new law is contained in Probate Code §5642 to §5644. The Bill that created the law is AB 139. Full information about the legislation is available here. While the idea behind the law is to allow a homeowner to transfer property without probate, the details of this particular law are complex. As with any complex legal issue, it is advisable to discuss this issue with an attorney. Here are a few notes on the use of the Transfer on Death Deed: Must be signed, dated and notarized by the transferor Must be recorded within 60 days of execution in the county where the property is situated Beneficiary receives stepped up cost basis for tax purposes Does not protect against SSI or Medi-Cal claims Applies to one to four residential dwelling units, condominium units, or not more than 40 acres...

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