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United Nations’ Elder Abuse Awareness Day

In the United States it is estimated that elder abuse will affect over 5 million seniors and cost them over $2.6 billion each year. The United Nations defines elder abuse as “a single, or repeated act, or lack of appropriate action, occurring within any relationship where there is an expectation of trust which causes harm or distress to an older person.” Unfortunately of those 5 million seniors often do not report their abuse due to embarrassment or denial. The United Nations has designated June 15th as Elder Abuse Awareness-Day to raise awareness for the immense scale of this issue and to let seniors know that their abuse should not be a subject of embarrassment. Some of the most prevalent types of elder abuse we see at Elder Law & Advocacy are scams and financial fraudulent activities. Sadly, scams and their effects are widespread among members of our senior population due to the fact that predators view seniors as vulnerable targets. Scam artists take advantage of lonely, sometimes confused seniors...

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Transferring Title of Home to Avoid Medi-Cal Estate Recovery Can Have Terrible Consequences

Too often seniors have told me that due to their concerns about Medi-Cal estate recovery, they have either transferred title to their home to their adult child, or other non-family member, or added them to title. Under most, if not all circumstances, seniors should avoid this option to protect them from Medi-Cal estate recovery. Medi-Cal is a joint federal and state program that provides financial assistance for low-income individuals so they can afford medical and long term care. When a Medi-Cal recipient dies, the state may try to recover repayment from the deceased’s estate. It has been my experience that this estate recovery option causes many seniors to be overly concerned about holding onto title of their homes during their lifetimes. Many seniors do not realize that Medi-Cal will not pursue estate recovery until the recipient and surviving spouse (if married) die. Rarely, if ever, is it wise for seniors to transfer title of their homes or add a child or another personto title to protect the home from...

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Elder Abuse Restraining Order Representation Project

Elder Law & Advocacy is excited to announce the Elder Abuse Restraining Order Representation Project (EARORP) serving both San Diego and Imperial Counties. This program provides free legal advice and representation for victims of physical, emotional or financial elder abuse. Representation includes assistance with court paperwork and representation in the civil restraining order hearing. California law defines Elder Abuse as “(1) Physical abuse, neglect, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering. (2) The deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering. (3) Financial abuse…” It is estimated that Elder Abuse is experienced by 1 in 10 older adults. It is also believed that many cases of elder abuse go unreported. The Elder Abuse Restraining Order Representation Project offers free legal advice and representation to older adults (aged 65+) who have been the victims of financial, physical or emotional abuse. This program seeks to increase the access to justice for seniors who would otherwise...

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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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