Archive for the ‘Miscellaneous’ Category

Coastal Senior is a monthly periodical covering the South Carolina and Georgia low country.  Bob Mason is its legal columnist.

Here is yet another use for duct tape: Keeping an older resident from becoming such a bother. That is actually what an area nursing home did several years ago to keep a demented and unruly resident from getting underfoot. There was more we won’t get into here.

At the time, the only recourse was a misdemeanor charge. The investigation was not handled well by un-trained investigators. The only solid witness died. All the bad guys “walked”.

Chatham County senior advocates sprang to action. Adult Protective Services, the Long Term Care Ombudsman, Senior Citizens, Inc. (and perhaps others) went to then-District Attorney Spencer Lawton. He was appalled.

Soon the Chatham County Commission got on board and funded a dedicated position at the Chatham County DA’s office to investigate and prosecute elder abuse cases. Lawton assigned Assistant District Attorney Meg Heap to the position. After a period of re-tooling at the National College of District Attorneys, she went into action.

I have had an opportunity to work with Heap, and I am impressed with the operation. I practice in another state and have had to beg prosecutors busy with “Big Crimes” to glance at elder abuse cases.

I was surprised when the Savannah-Chatham police began investigating the caregiver of a client of mine who . . . well . . . began to care a bit too deeply about my client’s finances. My surprise gave way to utter amazement when I received a telephone call from Meg Heap looking for additional information. “What! A prosecutor!?”

Soon a senior trial lawyer in the office was involved. Impressive experts were summoned. I couldn’t believe it.

I used to say that one of the few examples of good government was the United States Marine Corps. I’ll add the Elder Abuse Prosecutions Office of the acomplia buy Chatham County District Attorney. Chatham County voters should make sure that both District Attorney Larry Chisholm and the Chatham County Commission know how valuable this program is. As things stand now, my hat is off to them all.

Government budgets are tight. But as finances tighten up for everyone, the less savory in our lot will be tempted to “go for the easy pickin’s”. The concentration of wealth in the hands of seniors is staggering. A clever caregiver who provides companionship to a lonely or ignored senior can easily strip the finances away. Most police, used to dealing with “real bad guys”, do not have the training an expertise to deal with financial abuse. Training is needed and government can do more. We’re talking citizen protection (not to mention a few additional police officers stimulating the economy). There is law enforcement money in the Great Stimulus Bill of 2009 . . . I hope some of it filters down to the coast.

In the meantime, families, stay involved. Be alert. Use common sense. If you suspect elder abuse (physical or financial) call the police, Adult Protective Services (912- 651-2216) or Meg Heap at the Chatham County DA’s Office (912-652-7308).

Coastal Senior is a Georgia monthly periodical covering the South Carolina and Georgia low country.  Bob Mason is its legal columnist.

Elder abuse comes in many forms. Physical, emotional and sexual abuse immediately come to mind. So do neglect or abandonment. They’re all too common and sad. They’re also illegal.

So is financial abuse.

Because financial abuse is becoming more common, and may become more common with a deteriorating economy, this will be the first of a two part look at the issue.

Elder abuse occurs more in private homes than in nursing homes, and it is usually subtle. Exploitation can pass unnoticed for a long time and doesn’t have any overt signs like physical abuse.

Warning Signs

Exploitation can pass unnoticed for a long time and can be quite subtle. Family, friends, therapists, bankers and counselors (including lawyers) should look for:

• Sudden changes in behavior – of either the possible victim or the suspected exploiter.

• Someone continuously “running interference” for the victim.

• Complaints from the victim that someone is taking advantage of him or her.

• A close relationship with someone new in the victim’s life. For example, a sales person calls to “say hello” everyday. Or, an unusual person drops by every day to give the victim a ride to the bank (suspicious bankers have thwarted their share of abusive cases by alerting management).

• A sudden infatuation – perhaps a female caregiver has suggested a romantic relationship with Dad.

• Perhaps a daughter who hasn’t been seen in years appears without invitation, and shows a strong interest in the victim’s money or possessions.

• Mom’s home environment changes drastically; favorite possessions start disappearing; Mom is short on food, medicine or heat although she has sufficient funds to pay for them; her house looks neglected although she has money for repairs.

• Alternatively, the victim is getting more home services than are necessary, or someone convinces her to make unnecessary, costly home repairs.

And the list goes on. The important thing is not to ignore the problem. Mom (or Dad or the Customer or the Neighbor) deserves better.

Why?

Greed. An elderly person can have assets, be vulnerable, lonely, insecure. . . and very easy to isolate. And, of course, what goes on in the home is tough to spot.
More subtle, however, and perhaps more troubling, is the caregiver with a sense of entitlement (and an inflated sense of their own worth as a caregiver). Long nurtured resentment and anger driving the exploitation (after all, exploitation can be “great revenge”).

What Can Be Done?

Victims are reluctant to report abuse or ask for help. Also, it can be hard for an outsider to know that it is happening; family members, neighbors, friends, clergy need to be on their toes. Communication is key, both with the elder and with other family members.

Ask! If you don’t like the answers you are getting and continue to “feel buy acomplia funny” look for help. If you are not sure what to do, read next month’s column for some practical steps to take.

Coastal Senior is a Georgia monthly periodical covering the South Carolina and Georgia low country.  Bob Mason is its legal columnist.

Most older readers with IRAs (and those who have inherited one) know that “minimum required distribution” rules force withdrawals every year. Battered by the economy, however, many are groaning at further depleting already shrunken IRAs.

To add insult to injury, the required buying acomplia distribution amount is a percentage of the balance from December 31, 2007. It would be a safe bet that the IRA balance was much higher a year ago.

Limited Help

Congress felt your pain . . . sort of. On December 11, Congress issued rules for 2009 that will allow older IRA owners and those with inherited IRAs to skip required withdrawals for 2009. President Bush is expected to sign.

Notice carefully: The rules apply for 2009. As things stand while this column is being written, these IRA owners remain on the hook for 2008 distributions. Pain remains.

For example, if the required minimum distribution is 10% (the actual percentage is age-based) of the December 31, 2007, balance of $100,000, a $10,000 distribution will be required. That hurts if the December 31, 2008, balance is just $50,000 (maybe because of all the GM stock that was in the IRA).

Normally a 50% penalty applies to amounts that were not distributed that should have been distributed.

Congress suspended the 50% penalty for 2009. If no penalty applies, the reasoning goes, then no withdrawal is required.

One problem, of course, is that many retirees must take out something to live on.

Another problem is that 2009 tax relief will not “feel good” for another year or so. That is something like telling GMChryslerFord that Uncle Sam will help . . . next year sometime.

Treasury To The Rescue?

Treasury might step in. Rumors are swirling around that it may. By the time this issue of Coastal Senior hits the stands it might even be a fact.

Treasury cannot simply issue a blanket suspension of a penalty the way Congress can (and did). However, Congress gives the IRS (a division of the Treasury Department) great flexibility in how it goes about collecting the no-distribution-penalty.

IRS could declare a new valuation date. Instead of maintaining the current rule that requires distributions for 2008 to be based on December 31, 2007 values, it could issue an emergency rule that 2008 penalties would be based on December 2008 values. It might even be tempted to give folks a bit longer to take a required distribution.

So what of people who have already taken 2008 required distributions? First, unless the IRS has changed the rule for 2008 after I wrote this column, I hope you did. Otherwise a penalty will apply. Second, if the IRS does come up with some relief, my guess is that there will be some provision to allow people to “payback” to their IRAs excess distributions that were taken.

So what is the definitive word? In 2009, IRA owners get a break. In 2008, the rumor mill says “maybe”. Check after you’ve read this column!