Home Page

• ABUSE AND GUARDIANSHIPS
  The Colorado Probate system, as it currently functions, is unconscionably inequitable, as with increasing frequency, it severely inhibits and often completely disregards the basic human rights to libe...
• MANDATORY REPORTING SIGNED INTO LAW!
  On Thursday,  May 16, 2013, Governor Hickenlooper  signed  SB 13-111 - Concerning Abuse of At-Risk Adults and Making an Appropriation, into law. The bill was sponsored by Sen. Evie Hudak and R...
• ELDER ABUSE MANDATORY REPORTING BILL CLEARS CO SENATE
  The Meyer Law Firm has worked with Charles Carter and Sen. Hudak to get this bill passed. Charles Carter has been trying to get mandatory reporting of elder abuse passed in Colorado for 17 years.  C...
• ELDERS AND DRIVING
  Elder drivers are understandably reluctant to give up their car keys — the ability to drive may be their only way to access friends, food, health care and other necessities. Yet the safety of elder ...
• Boulder, CO–Theft from Elder Mother-In-Law Results in Guilty Plea
  According to an article in the Boulder Daily Camera, John Byrne, 62, formerly of Boulder, has pleaded guilty to felony and misdemeanor theft for stealing from his elderly mother-in-law. His mother-...

ABUSE AND GUARDIANSHIPS

The Colorado Probate system, as it currently functions, is unconscionably inequitable, as with increasing frequency, it severely inhibits and often completely disregards the basic human rights to liberty and pursuit of happiness for a disproportionate number of women age 50 and up, when compared to men.  In addition, the existing elder law framework in our state fosters and enables a ‘civil war’ in every family with an elder of some means, which has–and will continue to have until it is changed–alarming and negative consequences which are exponentially destructive to the fabric of our society.

Neither an emergency guardianship nor temporary conservatorship, nor stronger measures should be imposed on an elder absent a thorough investigation, including forensic audit by an experienced and licensed accountant and possibly a thorough investigation which detects other types of wrongdoing by a competent and qualified Adult Protective Services staff member.  The final report(s), with exhibits, would have to present by clear and convincing evidence that financial exploitation–to a degree which irreparably damaged the elder’s ability to afford appropriate late-life care for him/herself–had been perpetrated by the person previously chosen by that elder as Agent or Personal Representative in appropriately prepared, signed and notarized documents.

By disarming an elder’s self-chosen ‘safety net’ and instead empowering a child or other relative who has used deception to gain authority over that elder, our judiciary allows itself to act as perpetrator, judge and jailer for the elder, while simultaneously allowing financial exploitation of the elder’s estate by myriad attorneys, psychiatrists and outside fiduciaries working on behalf of the deceptive child or other relative.

It is outrageous that a jealous, greedy and/or resentful sibling, making unsubstantiated accusations, spreading outright lies and negative innuendo about another sibling, could actually succeed in making an innocent and vulnerable parent “pay and pay and pay” – exorbitant legal fees, court costs, be forced into ‘competency testing’, be forced into a care setting he/she did not choose, does not want, and which doesn’t provide care according to the elder’s preference, and finally, have his/her right to self-determination forever removed.

This sounds like the action of a totalitarian state to me.

District Court is an improper venue for sibling disputes of this nature.

Then there is the Public guardianship or conservatorship where the State or an unrelated third party and not you or a family member takes control of your life. What began as a humane way to handle someones affairs, has warped into a predatory practice of stripping one of their money and their rights.

•  the right to contract, including the right to choose a lawyer; •  the right to control their assets and make financial decisions; •  the right to remain in their own home and protect it from sale; •  the right to protect and enjoy their personal property; •  the right to choose where to live; •  the right to accept or refuse medical treatment, including psychotropic drugs; •  the right to decide their social environments and contacts; •  the right to assure prompt payment of taxes and liabilities; •  the right to vote; •  the right to drive; •  the right to marry; and •  the right to complain.

Possible alternatives to a public or a full conservatorship include, but are not limited to: establishment of trusts; voluntary or limited conservatorships; representative payees; revocable living trusts; durable powers of attorney; and custodial trust arrangements.

In addition to protecting the interests of the elder, such alternative arrangements avoid court action, delay, and expense. Additionally, related parties may be able to use social service agencies and volunteer organizations to help persons requiring assistance, or the court may ratify individual transactions rather than impose a conservatorship.

The Meyer Law Firm is vigilant in its protection of the civil rights of our elders and at-risk adults. If you or a loved one is in this situation call William right away–303-444-1618 or email  william@meyerelderlaw.com.

MANDATORY REPORTING SIGNED INTO LAW!

• On Thursday,  May 16, 2013, Governor Hickenlooper  signed  SB 13-111 - Concerning Abuse of At-Risk Adults and Making an Appropriation, into law. The bill was sponsored by Sen. Evie Hudak and Reps. Sue Schafer and Amy Stephens. Ann Toll attended the ceremonies, as did Charles Carter who has been working on getting this passed for 17 years.  The bill establishes a new class of protection by Adult Protective Services for “at-risk elders.” It also requires mandatory reporters to report suspected abuse of at-risk elders within 24 hours of discovering the abuse.

ELDER ABUSE MANDATORY REPORTING BILL CLEARS CO SENATE

The Meyer Law Firm has worked with Charles Carter and Sen. Hudak to get this bill passed. Charles Carter has been trying to get mandatory reporting of elder abuse passed in Colorado for 17 years.  Colorado is one of only three states that does not have such a law.  The bill would require doctors, nurses, social workers, clergy members, law enforcement officers, nursing home staff, home health care workers and others to report any neglect or abuse of anyone over the age of 70 within 24 hours of observing the abuse. Those who willfully fail to report abuse could face a fine up to $750 and up to six months in jail, the Denver Post reports.

“We have an obligation to prevent crime and to lessen the effects on victims and that’s what this bill does,” Sen. Evie Hudak, D-Westminster, sponsor of the legislation, told the Senate Judiciary Committee on Wednesday.

Hudak said similar legislation has been proposed for decades, but there always were concerns about how it would be paid for because increased reporting of elder abuse could raise case loads for Adult Protective Services investigators. A 2005 bill was vetoed by then-Gov. Bill Owens.

However, Gov. John Hickenlooper, a Democrat, is recommending $5 million in the 2013-14 state budget for elder abuse programs. State revenues are starting to recover after several years of faltering tax collections.

Under the bill, “abuse” includes bodily harm as well as confinement or sexual abuse. The bill also addresses caretaker neglect and it covers financial exploitation as well.

Supporters amended the bill in committee to clarify that while clergy members are mandatory reporters under the bill, the “penitent privilege” that allows a clergy member to keep certain information confidential, such as in the case of a parishioner giving a confession to a priest, still applies.

No one testified against the bill on Wednesday, but Sen. Kevin Lundberg, R-Berthoud, said he had concerns about the clergy exception. Lundberg said the language essentially mirrored the same section of a mandatory reporting bill in child abuse cases and which had caused confusion in certain cases.

“We don’t know what that (language) means when the rubber meets the road,” Lundberg said.

Deputy Attorney General David Blake, who helped work on language in the bill, acknowledged there would be “incredibly difficult situations that arise” under the bill. But Blake said there is considerable case law regarding the penitent privilege judges can work from.

The Senate Judiciary Committee passed the legislation on a 4-1 vote, with Lundberg the sole vote against. The bill now must go to the Senate Appropriations Committee before it can go to the full Senate.

ELDERS AND DRIVING

Elder drivers are understandably reluctant to give up their car keys — the ability to drive may be their only way to access friends, food, health care and other necessities. Yet the safety of elder drivers is becoming an increasing concern. Evidence reveals that elder drivers are more prone to accidents in general and are even more prone to fatal accidents. States have varying perspectives on this topic and have taken different actions to prevent drivers unable to safely operate a vehicle from getting behind the wheel. This Issue Brief discusses the legal approaches currently being used across the U.S., shares evidence that justifies intervention — along with the unintended consequences of action, and offers some solutions. This 50-State Compilation summarizes elder driver laws in each state.

Here is a good link to an article on elders and driving.

http://www.thehartford.com/advance50/family-conversations-with-older-drivers

Boulder, CO–Theft from Elder Mother-In-Law Results in Guilty Plea

According to an article in the Boulder Daily Camera, John Byrne, 62, formerly of Boulder, has pleaded guilty to felony and misdemeanor theft for stealing from his elderly mother-in-law.

His mother-in-law, retired University of Colorado professor Charlotte Short, 94, suffers from dementia and is in nursing care in Boulder, said Jane Walsh, director of community protection for the Boulder County District Attorney’s Office.

Byrne, who was married to Short’s daughter before the daughter passed away, was given power of attorney over Short’s estate in 2005.

He drained her assets, took out loans on her house and stopped paying for her nursing care, taking about $578,000, Walsh said. Short’s late husband’s family stepped in to sort out her affairs, she said, and uncovered the theft. 

His sentencing is set for Feb. 1. He faces up to six years in jail.

Public Guardianships

A Public guardianship or conservatorship is where the State or an unrelated third party and not you or a family member takes control of your life. What began as a humane way to handle someones affairs, has warped into a predatory practice of stripping one of their money and their rights.

•  the right to contract, including the right to choose a lawyer;
•  the right to control their assets and make financial decisions;
•  the right to remain in their own home and protect it from sale;
•  the right to protect and enjoy their personal property;
•  the right to choose where to live;
•  the right to accept or refuse medical treatment, including psychotropic drugs;
•  the right to decide their social environments and contacts;
•  the right to assure prompt payment of taxes and liabilities;
•  the right to vote;
•  the right to drive;
•  the right to marry; and
•  the right to complain.

Possible alternatives to a public or a full conservatorship include, but are not limited to: establishment of trusts; voluntary or limited conservatorships; representative payees; revocable living trusts; durable powers of attorney; and custodial trust arrangements.

In addition to protecting the interests of the elder, such alternative arrangements avoid court action, delay, and expense. Additionally, related parties may be able to use social service agencies and volunteer organizations to help persons requiring assistance, or the court may ratify individual transactions rather than impose a conservatorship.

The Meyer Law Firm is vigilant in its protection of the civil rights of our elders and at-risk adults. If you or a loved one is in this situation call William right away–303-444-1618 or email  william@meyerelderlaw.com.

New App Lets Users Search Nursing Home Deficiencies by Keyword

A new consumer-targeted Internet tool allows users to search the federal nursing home inspection reports and deficiencies by keyword, city and facility name. The Nursing Home Inspect database covers nearly 118,000 deficiencies at 14,565 homes. Users can now search the database by keywords such as “elopement” or “pressure sore” or “mistreat.” In an effort to prevent users from misinterpreting data, ProPublica, the designer of the database, cautions users that the database contains information focused on facilities’ problems, rather than their accomplishments or improvements.

For more information:
http://www.mcknights.com/new-app-lets-users-search-nursing-home-
deficiencies-by-keyword/article/254641/?DCMP=EMC-MCK_Weekly

Forum on Elder Financial Exploitation | Denver Elder Financial Abuse Lawyer

According to the Cleveland Plain Dealer, the Consumer Financial Protection Bureau will be involved in a free forum on protecting the nation’s elderly from financial abuse. The forum, which will take place in Cleveland, is intended to help professionals who work with the elderly design ways to help protect them. In recent years, more people have spent their time and energy taking advantage of the elderly, and using more and more technology to financially exploit them. The hope is that people from social workers to bankers can keep an eye on their elderly clients, and hopefully help put a stop to some of the abuses.

Do you believe that your elder loved one may be the victim of financial exploitation? Contact an experienced Denver elder financial abuse lawyer to discuss your options.

The National Center on Elder Abuse has reported that a true estimate of the extent of the problem of elder financial exploitation would be difficult to gauge. This is because many cases go unreported, for various reasons. People may feel embarrassed about being victimized in this way. In some cases, they may not actually become aware of the problem until they feel that it is too late.

If you believe that your elder loved one is being exploited, contact an experienced Denver elder financial abuse attorney today. William Meyer has helped numerous families in Denver, Boulder, and all over Colorado to protect their parents, grandparents, and other elderly family members. William is a dedicated Denver elder financial abuse attorney who can help you protect your family. Don’t allow those who protected you when you were a child to fall victim now that they are at their most vulnerable. For more information and a FREE CASE EVALUATION contact William at The Meyer Law Firm today at (303)444-1618.

Elderly Woman Physically Abused | Denver Elder Abuse Attorney

An NBC News affiliate in Tucson, AZ reports a case of an elderly woman being physically abused by the registered nurse whose job it was to care for her. The elderly woman suffers from diabetes and alzheimer’s, and requires significant care. Co-workers of the nurse who looked after her noticed a cut, and some swelling and bruising on the woman’s lip, and decided to investigate. The nurse tells a story of her hurting herself on her safety harness, but the elderly woman says that her nurse physically abused her. Also relayed is a story of a gardener who stole hundreds of dollars by way of check forgery from the elderly woman who hired her to tend her yard.

Do you believe that your elder loved one has become victim to physical or financial abuse? Contact a dedicated Denver elder abuse attorney immediately to discuss your options.

According to the National Center on Elder Abuse, studies suggest that over a million Americans over the age of 65 have been physically, financially, or emotionally abused by caregivers. The disturbing fact is that it is further estimated that only about 1 out of every 14 incidents is reported to authorities. There are many reasons why elder abuse is so frequently unreported, but the fact is that a shocking number of elder Americans are not receiving the standard of care that they deserve.

If you believe that your elder family member is being abused or neglected by a caregiver, don’t ignore the problem. Knowing what to do can be confusing, contact an experienced Denver elder abuse attorney; you don’t want to make serious accusations without foundation, but you certainly don’t want your loved one to continue to be mistreated. Dedicated, compassionate Denver elder abuse attorney William Meyer can help. From helping investigate your suspicions to directing you to resources to get help if your suspicions have been confirmed, to potential litigation, William has helped countless Coloradans to protect the health, safety, and dignity of their elder loved ones. For more information and a FREE CONSULTATION contact William today at (303)444-1618.

FALLEN ANGELS of Colorado

The Meyer Law Firm has started a separate blog entitled, “Fallen Angels” where people who have suffered abuse and neglect by caregivers, guardians, conservators, personal representatives or by anyone in the probate process-whether personally or through a loved one– can interact with one another. C.A.R.E.(Caregiver Abuse Reporting & Eformation) is an interactive, person-to-person watchdog group to monitor those caregivers. We praise the thousands of dedicated persons who take excellent care of our most vulnerable people and for their estates after they die.  But there are some persons who take advantage of their situation to physically, mentally or financially abuse and take advanatge of the administration of their estates which they have been entrusted.  It is these fallen angels whom we are bringing into the light through the C.A.R.E. system.

The present state government system for licensing and oversight of homemaker, health care providers, guardians, conservators, and personal representatives  is overloaded and dependent upon provider self-reporting and after-the-fact complaints by families and concerned others.  It is not working well enough to adequately protect the growing number of vulnerable persons in our elder and disabled communities.

If you would like to be a part of this effort, call or e-mail the firm with your interest and ask for Ann Toll at 303-444-1618 or ann@meyerelderlaw.com.