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J. Michael Young, J.D., M.B.A.

Collin County Will Contest

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  • J. Michael Young is a civil litigation attorney with the firm of Sanders, O'Hanlon & Motley, concentrating in business and probate litigation. He is not licensed by the Texas Board of Legal Specialization. This blog is for informational purposes only and may not be relied upon for legal advice. Absent a written representation agreement, Mr. Young is not your attorney and this blog does not create an attorney-client relationship. Please consult with your own attorney if you need legal advice or assistance.

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July 15, 2008

Abuse by home care providers

Abuse of the elderly in nursing homes has long been recognized as a problem.  In Texas, our legislature "addressed" the problem by making it harder to sue nursing homes.  Seems those evil plaintiff lawyers and whining relatives of the victims were proving to be a drain on the profits of the large nursing home chains.  But large contributions to those in power in Austin saved the day.  (Yes, I'm being sarcastic.  But votes have consequences and many voters are finding that blind support for "tort reform" just maybe wasn't a good idea).

This Wall Street Journal  article by Philip Shishkin discusses financial and physical abuse of the elderly in their own homes.  Home care is increasingly popular with the elderly, their families, and those paying the bills.  As the article notes:

The trend toward home care has generally been hailed as a way to keep seniors happier and healthier, and at a lower cost, than they would be in an institutionalized setting. Nonmedical home aides typically receive only $10 to $15 an hour, and often work part-time. It costs the government's Medicaid program about $6,000 per person per year for home care, versus about $20,000 for care in a nursing home, according to Joshua Wiener, an analyst at RTI International, a research institute in Research Triangle Park, N.C.

The bulk of the abuse comes from non-medical providers:

Health aides are often certified nursing assistants, who are generally licensed and regulated. But the bulk of the abuse cases involves caregivers hired to provide nonmedical assistance. These caregivers, who aren't required to receive specialized training, are only loosely overseen.

That is consistent with my personal observations.  The unlicensed caregivers who provide housekeeping services are more likely than medical personnel to mistreat the elderly.  The most common form of mistreatment is petty theft of cash or property.  But sometimes the caregivers convince the senior to write large checks for cash, give them power of attorney, or even make them a beneficiary to their will. Fortunately, physical violence is rare.

Family members who suspect such abuse should be vigilant in reporting and removing the care giver.  Often times the senior will deny the financial abuse occurred because they are embarrassed to admit the "nice person" was actually a con artist.  Even if they don't want to prosecute or file a lawsuit, the relatives should take action to remove the caregiver.

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Comments

it is very good decission to home care prvoiders and it is benefit to all
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http://www.addictionrecovery.net/texas
Addiction Recovery Texas

My concerns regarding her level of care are partly based on my real experience with the nursing home and also on what I fear could happen. Through it all, Mom is happy to see me when I come and still grows jealous and impatient if I talk to anyone, but her. When I leave, she barely notices. She might smile when I kiss her good-bye, but the minute I am gone, she has no memory of me. I’m relieved and I’m sad to know that.

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Jenilia
Texas Treatment Centers

It really benefits everyone because people is going to be more careful with the home care providers and make a right decision about it.

Candy
Texas Drug Addiction

I agree with you and it is the better thing to do. thanks for the post.


-mj-

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