Documentary on Financial Elder Abuse Starring Mickey Rooney

A new documentary entitled Last Will and Embezzlement that is slated for release tackles senior financial exploitation.  The film will touch on all aspects of the problem with the ultimate goal of raising awareness of the problem to ultimately lower the incidence of mistreatment.

The centerpiece of the film is an extended interview with perhaps the most well-known advocate against elder financial abuse: Mickey Rooney.  The 91-year old film star testified before Congress last year while detailing abuse that he suffered at the hands of a family member.  His purpose in appearing in the film is to dispel the myth that this sort of exploitation occurs only to those who live alone or have few close friends and family members.  In fact the documentary tagline is: "If it can happen to Mickey Rooney, it can happen to anybody."

The filmmaker was motivated to take on the project after watching her father fall victim to abuse. She explains how her father was in a nursing home, when mysteriously, a stranger entered the facility and claimed to be his son. The senior had just lost his wife and was suffering from severe Alzheimer's at the time. The filmmaker states that her father "would have signed the Magna Carta" if it was placed in front of him at that point in his life.

The scammer used his lie about being a relative to acquire sensitive financial information and exploit the ailing senior. The man also acquired a Power of Attorney over the senior, making it incredibly difficult for the family to unravel the problem down the road. It ultimately took two years before the woman finally learned of the depth of the exploitation.  Her advice: "Set it up so you don't become a victim...know the laws against elder abuse."

Since the Supreme Court upheld the Affordable Car Act, The Elder Justice Act contained in it can be implemented.  It aims to combat financial, physical, and mental crimes and abuse committed against the elderly.  Some help may also be coming in the form of federal legislation. New York Senator Chuck Schumer, for example, is fighting for stepped up federal laws requiring more mandatory reporting of suspicions of elder mistreatment. While these new rules may help, by no means do they offer clear avenues to eliminate all mistreatment.

Planning and oversight by the family are crucial preventative steps. Obviously having elder law attorneys and other advocates in the mix is one way to ensure abusers aren't able to obtain legal documents and wreak havoc on the life of a vulnerable senior who may not fully understand the situation.  Overall, it's best to have comprehensive oversight and proper preparation before disability or cognitive vulnerability sets in.

Need for Alzheimer's Association Expected to Grow

There were 39.6 million individuals in the U.S. over 65 years old in 2009. In roughly twenty years that number is expected to increase to 72.1 million. At that point the senior population will constitute roughly 19% of the total American populace. The changing demographics are placing significant strain on public Medicare and Medicaid resources. That is why many observers have focused more attention on the ways that outside not-for-profit groups are working to help seniors in need. It remains unclear if public programs will be able to fully handle the influx of seniors, and it is likely that local nonprofit groups will continue to play a vital role in ensuring that particularly vulnerable elderly community members receive the care they need.

A new Western Edition article recently summarized some organizations that provide various types of aid to seniors. For example, the Alzheimer's Association is the nation's leading organization raising awareness of this cognitive disease that affects so many local residents. Beyond advocating for support in research, the organization provides patient and family services to help those dealing with the effects of the condition which causes memory, thinking, and behavior challenges. The agency has a 24-hour a day help line where families can call for information and referrals.

Over 5.4 million Americans are currently living with Alzheimer's and the number is expected to more than triple in the next few decades. It is currently the sixth leading cause of death in the United States.  According to the Alzheimer's Association, more than $210 billion worth of unpaid care is currently being supplied by family members helping loved ones with different forms of dementia.

The Association reminds local residents that diagnosis is often delayed because the elderly and their family members mistake signs of the dementia as a "senior moment." In reality, the incident may be part of a serious cognitive condition. Dealing with the condition is much more difficult when health and legal affairs are not handled until the mental condition has deteriorated. 

To learn more about these issues, please take a look at the Alzheimer's Association website or call their hotline at 1-800-272-3900.  Please feel free to call our firm if you would like to discuss your family's situation in regard to estate planning.

Family Input Can Help Detect Dementia Earlier

Recently, USA Today reminded readers of the role that family members play in catching the onset of cognitive mental diseases in seniors, such as dementia and Alzheimer's.  These issues are of particular importance in the legal context because mental issues can affect one's legal capacity.  The ability to conduct estate planning, receive Medicaid, or otherwise make prudent decisions for the future will be made more difficult if begun after dementia or Alzheimer's has set in. By the very nature of the condition, the one who is suffering from these issues has difficultly identifying the problem themselves.  That is why a family plays a crucial role in identifying the cognition problem and addressing it.  As the article notes, "dementia can sneak up on families. Its sufferers are pretty adept at covering lapses early on."  Often it is not until there is some major accident or life-threatening complication that adult children, spouses, and others become fully aware of the problem. To combat the challenges of early detection, experts urge family members to be more involved.  As part of the first "National Alzheimer's Plan," advocates are trying to raise awareness about the need for relatives to be diligent about a senior's actions to ensure mental cognition issues are caught as soon as possible.  One advocate noted, "family input should be mandatory...it's the only way to know if the person really is eating enough and taking her medicines as she claims, and not forgetting to turn off the stove."  In addition, there is a growing call for primary-care doctors to take a more active role in detecting dementia early.  For example, in a regular visit the doctor might ask "How are you doing?"  Usually the senior patient replies, "Fine," and then the matter is dropped.  This minimal discussion of basic life circumstances is too brief for the physician to have any way to ensure that the senior's mental condition has not reached a dangerous level. On top of that, as part of the early detection programs, government officials working on dementia and Alzheimer's issues are trying to get families to conduct advanced planning.  Having a Power of Attorney and Health Care Proxy are crucial as soon as dementia is diagnosed.  No one is fully prepared for the challenges that aging can bring--particularly conditions that attack the mind. No amount of financial preparation or long-term care plans can make the process easy.   However, the overall stress of the situation is less taxing when steps have been taken ahead of time to ensure that sticky matters like estate preparation and proper long-term care planning are decided ahead of time.

Ten Warning Signs for Alzheimer's

November is National Alzheimer's Disease Awareness Month and Family Caregiver Month.  Please take time to thank those who devote their time to helping individuals who struggle with this disease. This is also a good opportunity to be reminded about the 10 warning signs of Alzheimer's disease as outlined by the Alzheimer's Association. 

1.  Memory loss that disrupts daily life.  One of the most common signs of Alzheimer's is memory loss, especially forgetting recently learned information.  Others include forgetting important dates or events; asking for the same information over and over, relying on memory aids (such as reminder notes or electronic devices), or needing family members for things they used to handle on their own. This does not mean that if you forget names or appointments, but remember them later you necessarily have Alzheimer's. 

2.  Challenges in planning or solving problems.  Some people may experience changes in their ability to develop and follow a plan or work with numbers.  They may have trouble following a familiar recipe, keeping track of bills, or concentrating.

   

3.  Difficulty completing familiar tasks at home, at work or at leisure.  People with Alzheimer's often find it hard to complete daily tasks.  Sometimes, people may have trouble driving to a familiar location, managing a budget, or remembering the rules of a favorite game. Occasionally needing help to use the setting on a microwave or to record a television show is typical, though.

4.  Confusion with time and place.  People with Alzheimer's can lose track of dates, seasons and the passage of time.  They may have trouble understanding something if it is not happening immediately.  Sometimes they may forget where they are or how they got there.

5.  Trouble understanding visual images and spatial relationships.  For some people, having vision problems is a sign of Alzheimer's.  They may have difficulty reading, judging distance, and determining color or contrast.  In terms of perception, they may pass a mirror and think someone else is in the room instead or realizing that they are the person in the mirror. Cataracts are not related to Alzheimer's and may also cause vision problems.

6.  New problems with words in speaking or writing.  People with Alzheimer's may have trouble following or joining a conversation.   They may stop in the middle of a conversation and have no idea how to continue or they may repeat themselves.  They may struggle with vocabulary, have consistent problems finding the right word or call things by the wrong name (such as calling something simple like a "watch" a "hand-clock").

7.  Misplacing things and losing the ability to retrace steps.  A person with Alzheimer's disease may put things in unusual places and be unable to go back over their steps to find them again.  Sometimes, they may accuse others of stealing.  

8.  Decreased or poor judgment.  People with Alzheimer's may experience changes in judgment or decision-making.  For example, they may use poor judgment when dealing with money, such as giving large amounts to telemarketers.  They may pay less attention to grooming or keeping themselves clean.

9.  Withdrawal from work or social activities.  A person with Alzheimer's may start to remove themselves from hobbies, social activities, work projects, or sports.  They may have trouble keeping up with a favorite sports team or remembering how to complete a favorite hobby.  They may also avoid being social because of the changes they have experienced and fear that people may see their symptoms.

10.  Changes in mood and personality.  The mood and personalities of people with Alzheimer's can change.  They can become confused, suspicious, depressed, fearful, or anxious.  They may be easily upset at home, at work, with friends or in places where they are out of their comfort zone.