In this issue:
October 3, 2010
"Protecting Your Property" In An Assisted Living Community
Part Seven of Susan's Nine Part Series
"Raising UP Your Parents," the Graceful Aging Seminar and Expo
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you know anyone in Orange County of the San Fernando Valley who is
dealing with elder care issues? Tell them about Susan's California
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If you have an urgent question, or just
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susan@mymomnpop.com or (310) 897-7434.
If you have missed any part of Susan's extremely insightful series on Assisted Living, just "click here" and email us. Be sure to be specific about what "Parts" of the series you missed and we will send them to you right away.
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"Protecting Your Property" In An Assisted Living Facility
Part Seven of Nine on Assisted Living
When a client moves into a facility
there is 
usually much struggle about what to bring
and what to leave
home. This is especially
true if that individual tends to hoard things.
Many of you have probably heard that term bantered about and have heard
stories of people who have 17 cats and boxes everywhere. Some
people find it hard to shed the past and move forward. Many older adults
are scared and holding onto material items is akin to a security blanket.
THIS IS ARMCHAIR PSYCHOLOGY, but I have seen a lot.
I say take a little as possible.
Residents of assisted living facilities may not have the physical or
mental strength to protect their own property. As a result, the possession
and management of residents' property can create a range of potential
problems.
(Remember, if you do not wish to read the entire newsletter, but would like to ask me any questions, call me at 1 (888) 422-6070 or email me, susan@mymomnpop.com )
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As a general proposition, a
resident can require the facility to hold and safeguard the resident's
personal funds or property if
the facility accepted or retained the resident while knowing that the
resident could not handle his own funds or property.
If the facility
does agree to hold the resident's 
funds or property, the facility
must give the
resident receipts for all transactions involving
the funds
or property. The facility also must
keep accurate records (including
the receipts and a ledger) of all resident funds or property that have
been entrusted to it.
Any funds entrusted to the facility
must not be comingled with facility funds. The resident's funds may
be kept in a bank account or a "locked and secure location" at the
facility. It goes without saying that when a resident moves out,
the facility must give the resident all the personal funds and property
which she previously had entrusted to the facility. Similarly, if a
resident dies while in a facility, the facility must release the resident's
personal funds and property to the executor of the resident's estate.
State law prohibits an assisted
living admission agreement from reducing the facility's responsibility
for residents' personal property. Moreover, all assisted living facilities
are required to maintain a program to reduce the theft and loss of residents'
property. As part of this program, a facility must inventory a resident's
personal property when the resident enters the facility. If feasible,
a facility must mark the personal property for identification purposes.
Nevertheless, I would not suggest leaving irreplaceable or valuable
items at the facility.
At the request of the resident
or family member, the inventory must be amended to reflect personal
items brought into or removed from the facility. Also upon request,
the facility must provide a copy of the inventory to the resident or
family member.
A facility must keep records of
stolen or lost property if the property is worth at least $25. The records
must include the property's description and value, the date and time
the theft or loss was discovered and occurred (if known), and any action
taken by the facility. If the stolen property is worth at least $100,
the facility also must make a report to the local law enforcement agency.
Upon request, a facility must provide
a lock for a resident's drawer or cabinet. The facility may require
the resident to pay for the lock.
A resident of an assisted living
facility should make sure that the facility properly (as described above)
inventories and marks the resident's personal property. In particular,
the resident should ensure that his glasses, hearing aids, and dentures
are marked. If the resident can afford the expense, he should rent a
safe or buy a lock for a drawer or cabinet.
An assisted living facility is
responsible for a 
resident's stolen or lost property if the facility
failed to make reasonable efforts to safeguard
the resident's property.
Compliance by the facility with legal requirements is considered initial
proof that the facility made reasonable efforts. Nonetheless, even if
the facility complied with legal requirements, the resident or family
member may be able to show that the facility failed to make reasonable
efforts.
A resident should report any theft
or loss to the administrator or staff immediately. If the facility is
unable to locate the property, the resident should check to see whether
the item is included in her inventory, and whether she has receipts
or other documents that show its value. If the item is included in the
resident's inventory and she has a receipt for it, it should be easier
for her to obtain reimbursement from the facility.
The resident should then prepare
a written letter to the facility requesting reimbursement, and describing
the property that was stolen or lost, the value of the property (attach
receipts or other documents demonstrating its value, if available),
the date on which the resident initially informed the facility that
the property was stolen or lost, and the circumstances surrounding the
theft or loss. If possible, the letter also should specify the nature
of the facility's failure to take reasonable steps to protect the
property, e.g., the facility failed to prepare an inventory or mark
the resident's property.
If the facility does not take timely
action or refuses to pay, the resident should consider involving the
ombudsman, filing an action in small claims court, and/or filing a complaint
with the Department of Social Services.
See my new blog as to why more
and more families need an medical advocate.
"Raising UP Your Parents" The Graceful Aging Tour for adult children, their elderly parents, and caretakers
As a Gerontologist,
elder law attorney, and a former elder law professor, I have put
together a seminar that can help prepare you for what lies ahead for you
or someone you are caring for.
Coming to Huntington Beach, Irvine and Woodland Hills, October and November, 2010.
You can forward this newsletter to your friends and loved ones by clicking on the link at the bottom of this newsletter.
"Click Here" to be taken to my web page for the seminar and you can register for free.
Remember, if you have an urgent question, or just wish to speak to me directly, you can email or call, susan@mymomnpop.com or (310) 897-7434.
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