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"Living Will" - Form for Appointing your Health Care Representative

5/13/2019

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Oregon doesn't call this a "living will" although that might be a term you are familiar with.  In Oregon, you can document your wishes and appoint someone to speak for you if you cannot speak for yourself -- that person is called your "Health Care Representative."  Use the form from your health care provider or you can download it at the link below (make sure you use the current form, which took effect on 1 January 2019.

Click here to get to page to download the Oregon Advanced Directive form

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Good fraud-prevention advice for elders and people who care about them

5/6/2019

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FDIC Consumer News: Protecting Seniors from Financial Abuse
Federal Deposit Insurance Corporation -- FDIC Consumer News - April 2019

Click here for printable pdf version - April 2019 - PDF

Be organized, proactive, and aware to protect yourself, family and friends from financial abuseIt’s easier than ever to handle our finances without setting foot inside a bank with so many advances in technology, but these changes have also made fraud and financial abuse a prevalent problem for older adults. Most elder financial abuse involves scams, forgery, identity theft, or undue pressure to give someone access to property or funds by simply providing information over the phone. Older adults are often targeted for such exploitation because they may be perceived as trusting, they may be cognitively impaired, they may have more funds available after a lifetime of saving, and potentially less exposure to technological advances.


Tips for Protecting Finances

Seniors can protect themselves from financial abuse by making sure financial records are organized and being aware of how much money is in all accounts. In addition, you can protect your assets by talking to someone at your bank, an attorney, or a financial advisor to discuss your options for ensuring your wishes for managing your money and property are followed in the event you become incapacitated. Other activities to help protect yourself include:


  • Carefully choosing a trustworthy person to share your financial planning matters with so they can assist you with tracking your finances if you are unable to do so yourself.

  • Locking up your checkbook, account statements, and other sensitive information.

  • Ordering copies of your credit report to review for suspicious activity. (You are entitled to a free copy of your credit report from each of the three major credit bureaus once every twelve months. To order your free annual reports, go to AnnualCreditReport.com or call toll- free 1-877-322-8228.)





  • Never providing personal information, including your Social Security number, account numbers, or other financial information to anyone over the phone unless you initiated the call.

  • Asking for details in writing and getting a second opinion from a financial advisor or attorney before signing any document you don’t understand.

  • Paying with checks and credit cards instead of cash to have records of transactions.

Tips for Family and Friends

Family and friends can also help by being aware of the many ways in which an older person may be financially exploited. There are many scams and frauds that attempt to get bank account information or Social Security numbers from the elderly to steal their identity or money. Be on the lookout for signs of possible financial abuse, including:


  • Unexplained account withdrawals.

  • Another individual unexpectedly making financial decisions on the older person’s behalf.

  • Disappearance of funds or valuable possessions.

  • Unanticipated transfer of assets to another individual.

  • Sudden changes to a will or other important financial documents.

  • Suspicious signatures on checks.

If you suspect elder financial abuse, talk to the victim to determine what is happening and who is involved. For instance, you’ll want to know whether a new person in their life is helping them manage their money or a relative is using their credit card without permission. If financial abuse seems likely, you may want to contact your state’s adult protective services and the local police for assistance.

You should also contact any bank or other financial institution involved to notify them of the potential abuse, and they may be able to assist you. They may not be able to provide you with specific information about accounts or transactions due to privacy laws, but they have the ability to review information for potential abuse as well as the resources to report abuse.

Also be aware of consumer financial protection regulations that help protect funds withdrawn from an account without authorization. For example, most cases of fraud and identity theft are committed using an access device, such as when an individual steals an older person’s debit card and pin number to withdraw money from a checking account.

The Electronic Fund Transfer Act, which is implemented through Regulation E, protects consumers from losses that may occur as a result of certain unauthorized electronic financial transactions, such as unauthorized ATM withdrawals and point-of-sale terminal transfers in stores. If a debit card or the card number is used to make an unauthorized withdrawal from a checking or savings account, you can minimize your losses by contacting your bank as soon as possible. Your maximum liability under Regulation E is $50 if you notify your bank within two business days after learning of the loss. Additionally, many credit card issuers have zero-liability policies, meaning that customers typically do not pay for unauthorized transactions, so contact your credit card issuer as soon as you discover any.

For more information on elder financial abuse, visit:

https://www.consumer.ftc.gov/blog/2015/08/spotting-elder-financial-abuse

https://www.consumerfinance.gov/practitioner-resources/resources-for-older-adults/protecting-against-fraud/


For more help or information, go to FDIC.gov or call the FDIC toll-free at 1-877-ASK-FDIC (1-877-275-3342).

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Great Tips for Elders and Anyone Else Who Files Taxes - What to Beware!

4/8/2019

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Tell Your Story about a nursing home or other eldercare facility

12/3/2018

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 We are launching a new “Tell YOUR Story” tool that will enable residents, families, ombudsmen, and those who work with them tell their story about nursing home or assisted living care.

The form is available on our website at https://nursinghome411.org/tell-your-story/.
 
One can fill out the form on the website, download it to fill out on a computer or phone, or print out a hard copy to mail in. All personal identifying information is kept confidential unless the individual provides specific permission otherwise.
 
Stories about resident care can have an enormous impact on advocacy for better care and dignity. We would appreciate any help you can provide in getting the word out and passing this along!
 
Other news from LTCCC…

  1. Dementia Care & Antipsychotic Drugging.
  2. We have just published the latest antipsychotic drugging rates for all U.S. nursing homes and citations for inappropriate drugging. Sadly, recent data indicate that drugging rates are no longer going down! https://nursinghome411.org/learning-center/dementia-care-antipsychotic-drugging/  [Please note that some facilities with a low resident population are not included in these data.]
  3. Safe Staffing.
  4. We recently published the staffing levels for all U.S. nursing homes in easy-to-use files. Staffing is critical to quality, yet too many nursing homes have insufficient staffing. For the first time, these files include city and county information, to make searching for your nursing home, or those in your community, even easier. https://nursinghome411.org/nursing-home-data-information/staffing/
  5. Resident & Family Councils.
  6. We have issued a new Issue Alert on family and resident council rights, https://nursinghome411.org/ltccc-issue-alert-resident-family-councils/ and have launched our new Family & Ombudsman Resource Center, https://nursinghome411.org/families-ombudsmen/.
  7. Webinars on Quality of Care & Resident-Centered Advocacy.
  8. Please join us for our next free “lunch-and-learn” program on November 20 at 1pm Eastern. Topic: Making Your Voice Heard in the Nursing Home… and Beyond. https://nursinghome411.org/upcoming-webinars-nursing-home-care-resident-centered-advocacy/
  9. New Report on Assisted Living: Promising Policies and Practices. https://nursinghome411.org/ltccc-report-assisted-living-promising-policies-and-practices/
All of these resources are free to use and share. If you would like to sign up for future updates and alerts, please email info@LTCCC.org.
 
Sincerely yours, Richard
 
Richard J. Mollot, Executive Director
The Long Term Care Community Coalition
One Penn Plaza, Suite 6252
New York, NY 10119
Phone: 212-385-0355
www.nursinghome411.org


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Reminder: Money never calls you on the phone

10/8/2018

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The short answer to "How do criminals steal from the elderly?" is "by phone, mostly."

And new phone-based payment services that let you send money to others without even leaving your house make it crucial that you remember this key survival rule:

         MONEY NEVER CALLS YOU ON THE PHONE.

And if you think you've found the exception to this rule, call an attorney or a trusted friend with good sense to discuss the offer before you do ANYTHING that the caller suggests. If you have truly found the exception to the rule, it'll wait for you to conduct a thorough investigation.

If you feel ANY pressure to seize the opportunity at all, that's the clearest sign of all that it's a SCAM.

Remember, the phone and internet means just one thing for sure:

Every criminal in the entire world is just one click or phonecall away from you.

In years past, you pretty much only did business with people nearby; now you can be ripped off by someone from a country you can't even pronounce just as easily as by someone who calls you from a boiler-room scam operation in your own hometown.


How Criminal Steal $37 billion a year from the elderly
by Nick Leiber, Bloomberg.

Marjorie Jones trusted the man who called to tell her she’d won a sweepstakes prize, saying she could collect the winnings once she paid the taxes and fees. After she wired the first payment, he and other callers kept adding conditions to convince her to send more money. 


As the scheme progressed, Jones, who was legally blind and lived alone in a two-story house in Moss Bluff, Louisiana, depleted her savings, took out a reverse mortgage and cashed in a life insurance policy. She didn’t tell her family, not even the sister who lived next door. Scammers often push victims to keep promised winnings a secret, says an investigator who helped unravel this sinister effort to exploit an 82-year-old woman.
 
Her family didn’t realize something was wrong until she started asking to borrow money, a first for a woman they admired for her financial independence. But by then it was too late, says Angela Stancik, one of Jones’s granddaughters. Jones had lost all of her life savings—hundreds of thousands of dollars.

About one week after calling Stancik at the family business in Ganado, Texas, to borrow $6,000, Jones committed suicide.

Click to read the rest


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John Gear Law celebrates 4th Birthday - Thanks to you

9/1/2014

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Today marks John Gear Law Office's fourth birthday.

I am very grateful to all the clients who have trusted me with their problems and given me the opportunity to help them find solutions. Thanks to your trust and confidence, I have been able to meet my primary practice goal: Making a modest living with a "values-based Oregon law practice" -- where "values-based" means I don't represent the folks trying to take advantage of others, my clients are the ones wronged by those who do.

It's not the easiest area of law and it's definitely not the most lucrative, but I think it's the most satisfying. As the Mrs. works towards her M. Div. and ordination as a minister, I am able to have a practice that reflects, rather than conflicts with, the values of a ministry.


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New Resource for Elders or People with Disabilities - and anyone helping them

8/15/2014

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ADRC is a FREE service to help people learn about public and privately paid options to address aging or disability needs, or to help families and caregivers.  Anyone in Oregon can use the service for themselves or their families.

To access the service, just call 1-855-673-2372, enter the elder's residence zip code, and get connected with the nearest ADRC office.  

Website:  www.ADRCofOregon.org
 
“When you are looking for information about services to address aging or disability needs, the Aging and Disability Resource Connection of Oregon can help you learn about public and privately paid options in your local community.  The ADRC has trained professional staff who can help you and your family with immediate needs, or help you plan for the future.  The ADRC of Oregon is a statewide resource for everyone, regardless of income level, and can be reached by calling a toll-free number, visiting a website, or by contacting a local ADRC office.”

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Hard lesson for some "DIY" types

6/25/2014

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Saw a great comment today by a lawyer who is struggling hard to solve a very difficult (and, now, expensive) estate administration problem involving title to real property. 

The problem was created by the now-deceased parents of his clients; those parents probably saved all of a few hundred bucks on lawyer fees by doing their own estate planning.

The lawyer's comment:


"You don't always get what you pay for, but you seldom get what you don't pay for."

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New One-Number Statewide Abuse Hotline for All Forms of Abuse

5/12/2014

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Oregon Adds Statewide Abuse Reporting Line:
                   
        (855) 503-SAFE
 
Today we are happy to announce that Oregon has added another option for reporting suspected abuse of children and vulnerable adults. All our regular local hotline and reporting numbers will continue to take reports as usual, but we have added a single statewide number that provides another way to make these important reports. Oregon's abuse reporting hotline for children and adults, (855) 503-SAFE [855-503-7233], is up and running, and it provides callers with the ability to report suspected child abuse, elder abuse, abuse of people with physical or developmental disabilities, and abuse of people with mental illness or those experiencing a mental health crisis.
 
Callers will be directed that if the report is an emergency requiring immediate attention, to hang up and dial 911. If it is not an emergency, then callers will work through a simple phone tree to ensure their report gets to the right place for response, based on zip code and characteristics of the person they are calling about. Calls can be answered in English or Spanish. Once the calls are routed through the phone tree, they will be directed to local DHS or county offices for Child Protective Services and Adult Protective Services, County Developmental Disability Programs (CDDP) or County Mental Health Programs (CMHP) for response. Not all areas of the state will have a live person to take reports after hours, and some locations will provide voicemail reporting options.
 
All local hotline and reporting numbers will continue to take reports as usual, and the new line adds a single call option for those who want to use it. Oregon's abuse reporting hotline for children and adults is the result of two legislative workgroups, one on child welfare and one on elder abuse, which recommended a single hotline option to simplify reporting for Oregonians who are not familiar with the abuse reporting process. Mandatory reporters are often well aware of local reporting and hotlines and are responsible for most of the reports we receive. Citizens who may only make one or two calls in their lifetimes can be overwhelmed by the seeming complexity of agencies and numbers from which to choose.
 
(855) 503-SAFE [855-503-7233] will solve that problem by providing a single phone number anyone can call from any community in Oregon!

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Why you need to call the police if your caregiver or employee steals from you

4/8/2014

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I just had a call from a very nice person who needs caregivers around-the-clock, 365 days a year. One of these caregivers recently stole money from from my friend. My friend said it happened about six weeks ago, and that the person was no longer serving as a caregiver, so she was just going to let it go.

I had to explain to her why it was so important that she call the police:

B
ecause other people looking to hire caregivers are going to look at the home-care workers' registry and look at the results of the criminal background checks, and if she doesn't file a police report about the theft, this caregiver will appear to have both a lot of experience and no problems in her background.

My friend felt uncomfortable; the caregiver is young, and my friend doesn't see herself as vindictive. Basically, she does not want to get the other person in trouble.

But of course, it's not my friend who is responsible for the trouble — the thief did that. My friend needs to report to protect others from this person and ultimately to protect herself by making sure that the system for background checks is reliable and complete. Someone who will steal from a disabled person getting 24 hour care is not someone who should be able to find work as a caregiver for other vulnerable people.

So you're not being kind by overlooking abuse or thefts like this. Consider what you're doing to the person's next victim.

My friend was a
lso concerned that, because it would be her word against the caregiver's, she would not be able to prove that the theft occurred. I made two points about that:

  1. one, it's not her problem to prove the case. That is a job of the police and the district attorney, not the crime victim.

  2. Second, it turns out that the circumstances of the theft and what was stolen  means that it is highly likely that the stolen property was fenced nearby, and it will be very memorable to whomever ended up with it -- meaning that it won't be that hard to prove that it was the stolen property in question.

Besides, punishing the thief isn't the issue here, or is at least not the main issue. The main issue is making sure that a person who preys on vulnerable people can't do so invisibly.

The situation is the same with nonprofits. Many times when nonprofits are ripped off, the tendency among the members as to keep it quiet and not make a big fuss about it. It's also very appealing for the board to say that they were partially at fault for allowing the thief to rip them off, and therefore they don't want the bad publicity to their organization etc. etc. The big problem with this logic is the same as in my friend's case: when crime victims don't report crimes, the criminals are allowed to find new victims and victimize them, because they have no reason to know about the person's past.

So, uncomfortable as it is, if someone rips you off, don't make it your job to help them cover it up. If someone abuses you or steals from you, whether you are an individual or as part of an organization, call the police. Let the police and the court system make the decisions on prosecution and any punishment that might occur if warranted.

Bottom line: don't help criminals victimize other people by failing to report past crimes.

UPDATE: A helpful assistant attorney general points out:
"Great points, John. You might also tell your friend and others that they can call the Medicaid Fraud Unit at the Oregon Department of Justice if the care occurs at home and the provider is paid by the State, or if the theft or financial exploitation occurred in a Medicaid-funded facility [note that nearly all nursing homes and assisted living facilities accept Medicaid funding - JMG] whether or not the victim is a Medicaid recipient."

Thanks, AAG!  You can reach the Medicaid Fraud Unit (MFU) at 971-673-1971.


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LAWYERLY FINE PRINT:

John Gear Law Office LLC and Salem Consumer Law.  John Gear Law Office is in Suite 208B of the Security Building in downtown Salem at 161 High St. SE, across from the Elsinore Theater, a half-block south of Marion County Courthouse, just south of State Street. There is abundant, free 3-hour on-street parking throughout downtown Salem, and three multi-story parking ramps that offer free customer parking in downtown Salem too.

Our attorneys are only licensed to practice law in Oregon. This site may be considered advertising under Oregon State Bar rules. There is no legal advice on this site so you should not interpret anything you read here as intended for your particular situation. Besides, we are not representing you and we are not your attorneys unless you have hired us by entering into a representation agreement with me. While we do want you to consider us when you seek an attorney, you should not hire any attorney based on brochures, websites, advertising, or other promotional materials.  All original content on this site is Copyright John Gear, 2010-2020.
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