Financial exploitation, as defined under New York State Social Services Law Section 473 (6)(g), is the improper use of an adult’s funds, property, or resources by another individual. It includes these crimes: fraud, false pretenses, embezzlement, conspiracy, forgery, falsifying records, coerced property transfers, and denial of access to assets. The following are examples of elder […]
02
Jan
Jan
Read this story about how a NY nursing home’s lawsuit against a power of attorney got dismissed. If you need help with elder law, give us a call. This collection action, which arose from a nursing home debt, was commenced by the County of Monroe against the Estate of Janet Patterson and Barbara Robinson, a 78-year-old […]
19
Dec
Dec
The New York Penal Code and New York Social Services Law protect New York victims from elder abuse and financial exploitation with civil and criminal remedies. Civil Financial Exploitation NY CLS Soc Serv § 473 (2020) ; NY EXEC §837-f-1 (2022) SOCIAL SERVICES LAW ARTICLE 9-B. ADULT PROTECTIVE SERVICES TITLE 1. PROTECTIVE SERVICES § 473. […]
26
Sep
Sep
During the nursing home admissions process, caregivers must often sign lengthy admission agreements (“AA”) along with many other documents. The caregiver often has no opportunity to negotiate the AA even if she or he has the time, attention, and ability to read and understand it. The AA often includes terms that attempt to hold caregivers […]
28
Jul
Jul
The Centers for Medicare & Medicaid Services (“CMS”) launched its enhanced Nursing Home Five-Star Quality Rating System on July 27, 2022 which integrates data nursing homes report on their weekend staffing rates for nurses and information on annual turnover among nurses and administrators. CMS research shows that higher nurse turnover is associated with lower quality […]
06
Jul
Jul
Brigid M. Buseman, also known as Brigid McKirchy, of Clarence, New York was sentenced before Erie County Court Judge Susan Eagan to five years of probation. As part of her sentence, the 31-year-old defendant was ordered to participate in a drug treatment program. While working as a home health aide, she falsified personal checks that […]
05
Jul
Jul
Chief U.S. District Judge Martin Reidinger sentenced Lindsey Allison Kerns, 39, of Mars Hill, N.C., to 45 months in prison, for stealing more than $1 million from two elderly clients in her care. In addition to the prison term , Kerns was ordered to serve three years court supervision and to pay $1,088,554.99 as restitution. […]
10
Jun
Jun
Yes, the physician-patient privilege applies to New York Mental Hygiene Law Article 81 (“MHL 81”) guardianship proceedings. In MHL 81 proceedings, the Alleged Incapacitated Person (“AIP) enjoys an absolute right to doctor-patient confidentiality that precludes admission of his/her medical records or information into evidence unless he/she waives the privilege or has affirmatively placed his/her medical […]
09
Jun
Jun
Martin Hogan, 53, of Montreal Canada was convicted of conspiracy to commit wire and mail fraud. He was sentenced to serve 111 months in prison by U.S. District Judge Frank P. Geraci, Jr. in Rochester, NY. Between September 2015 and March 2020, Hogan conspired with multiple co-defendants to defraud elderly victims using a fraudulent telemarketing […]