What are some effective ways to protect elders from abuse and neglect in Los Angeles?
California – October 11, 2022
Current research on elder abuse and neglect focuses on frequency of occurrences, causes and risk factors. While elder abuse occurs often in individuals that remain in their own homes or with relatives, it has not been as widely researched as the incidence of abuse taking place in residential settings offering long-term care and support that are supposed to comply with the residential bill of rights outlined in The Nursing Home Reform Act under Title IV of the Omnibus Budget Reconciliation Act of 1987.
Vulnerable population.
Elder people are vulnerable as they may suffer from physical limitations and mental impairment as well as chronic diseases that render them dependent on other people. Elder law attorneys can explain the different situations a person may find themselves in if they do not take the precautions necessary to protect their independence and be treated with dignity as they age, regarding residential decisions, healthcare decisions, end-of-life decisions, and the safety of their assets. Guardianships and estate planning are effective methods toward individual protection against any ill treatment in the aging years.
Certified residential facilities may still pose risks.
More than 1.4 million people live in over 15,500 Medicare- and Medicaid-certified nursing homes across the nation. The Administration on Aging defines abuse as “the willful infliction of injury, unreasonable confinement, intimidation or cruel punishment with resulting physical harm, pain, or mental anguish or deprivation by a person, including a caregiver, of goods or services that are necessary to avoid physical harm, mental anguish, or mental illness” Hundreds of thousands of adults over the age of 60 are abused, neglected, or financially exploited every year, referred to as elder abuse. Abuse can occur in the older person's home, a family member's house, an assisted living facility, or a nursing home. A nursing home is bound by a resident’s bill of rights under federal law, so the abused party may be able to take clear action against abuse with the assistance of a California elder law attorney, whereas individuals living in their own homes, or that of other caregivers may be more at risk.
Guardianships.
A guardianship is a legal proceeding in the court system where a guardian is appointed to exercise the legal rights of an incapacitated person, but guardians are held accountable for actions taken on behalf of a ward. A guardian is an individual, or institution (such as a nonprofit corporation, or bank trust department) appointed by a court to care for an incapacitated person commonly referred to as a “ward.” Elder guardianship is one option when an individual has not appointed a formal power of attorney for health care, or finances, but needs someone to oversee their affairs when they become temporarily, or permanently incapacitated because of aging, illness and/or disability.
Estate planning.
Los Angeles elder law attorneys can assist by drafting relevant documents and offering legal guidance to individuals as they prepare estate plans. Estate plans include a last will and testament, with guardianship if there are minor children, an advanced healthcare directive, and a durable power of attorney. They can draft a living will for their clients that addresses common end-of-life care decisions including life saving measures, organ donation, and extended care.
Medicare and benefits.
Individuals who have been deemed to have too much money, or an expensive home with equitable value are often excluded from specific government health benefits and residential assisted living housing options that others are eligible for. Elders who are concerned about their future and autonomy as they age should speak to an experienced lawyer who can be instrumental in the creation of trusts and other financial mechanisms that give seniors alternate fiscal options in their aging years.
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