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You don't have to be a police detective to authorize an autopsy.
Have you ever heard of a fabricated death certificate?
By Susan B. Geffen
I know. How dare I bring up death and autopsy, such dark subjects during this white holiday season? A time when we collectively decide (me included) to chuck reality into echoes of the past year?
The simple answer? Because there have been two recent cases of nursing home deaths that bring to light the importance of an autopsy.
But before I get to that....
When I am drafting an estate plan and I get to the part of the advanced health care directive where I ask "Do you want to authorize an autopsy?" the facial reactions range from incredulity to dismay.
Rarely is there anything in between. I explain that the authorization will cover them on the off-chance that there is foul play involved in their death. Then, their facial expression goes from intrigued to concern. Most people do end up authorizing an autopsy in their advanced health care directive because deep down we all know that everything is possible.
The two recent cases of nursing home deaths I mentioned help bring the point home. These cases revolve around fabricated death certificates. Long term care facilities have been known to list the wrong cause of death to cover up negligence. As an example, in a recent case, a resident's cause of death was listed as a heart attack.
Having no known heart issues, the family called for an autopsy. The coroner discovered that the resident had actually chocked to death on the food that was still lodged in her throat. In another case, Alzheimer's disease was listed as a cause of death by a doctor who was filling in at the facility.
Yet, there was never a diagnosis of the disease. The truth was that the resident fell, fractured a hip and died from complications surrounding the fall.
Now you can see why an autopsy is important. What can you do with this information? If so inclined, you can file a wrongful death action against the facility and seek damages. That is the attorney in me.
You should also report the physician to your state's Medical Board. What I think we should all take from this is that it is super important to either visit the facility all of the time and know what is going on with your loved one or have a professional do that on your behalf (that is the care manager in me).
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ALZHEIMER'S CORNER
It's Moving Time
In my last newsletter, I spoke about elderly people being forced to move out of their homes. This past Saturday, this scenario came true for an 88 year old client of mine. She had lived in the home for 40+ years. It was hard on her and it was hard on me because I had promised to keep her in her home for as long as possible. I am her geriatric care manager, and I also adore her.
She has never been formally diagnosed with Alzheimer's, but I suspect that she suffers from that disease. She cannot remember things like most of us can, like when she had her last meal, my name, how old she is, etc.
The reason she had to move out of her home is because her 24 hour care company was going to charge her over $12,000 a month (up from $7,000) due to the recent bill signed by Governor Brown regarding paying overtime to home care workers.
Fortunately, she still has enough assets to live in a nice assisted living community and she seems to like it there for the most part. She misses her home but having more socialization and three delicious meals go a long way.
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MY WATCHDOG
Alerting you to the latest SCAMS, Elder Abuse,
and things that are just plain WRONG!
The $170,000 Rain Gutter
With the impending rainy season, Jim, a 75 year old man living alone, needed new rain gutters for his 900 square foot home in West L.A.
The contractor came to his home and charged him $7,000 for the gutters. Then he sold him on texture coating the outside of the house and tearing out the walls and the floors to fix the "mold" problem.
The contractor was so nice. He offered to get Jim easy credit by bringing over a GE Capital credit card application so he could apply for $100,000 line of credit! If that wasn't enought, he even put Jim up in a motel while the bathroom was being demolished and took him out to dinner! YUCK!
Is Jim dumb? No, just incredibly gullible and naive, like many elderly people living alone and lonely.
I was referred this case by Jim's financial planner after Jim told him he needed help financing all of these "repairs" to his home. I will keep you posted on what transpires...
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My Holiday Wish For You...
is that you take a deep breath and enjoy. Also, be grateful for the breath as it is the biggest holiday gift you could receive.
Now, repeat after me : "Everything is alright and everything will be alright."
With tons of love,
Susan |
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Susan B Geffen
(310) 406-0608
You Don't Have To Be A Police Detective To Authorize An Autopsy
My WatchDog
The $170,000 Rain Gutter
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Contact Information:Susan B. Geffen
Elder Law &
Elder Care Consulting
Trust, Wills, Conservatorships
819 N. Harbor Drive, #228
Redondo Beach, California 90277
susan@susanbgeffen.comOffice: (310) 406-0608 Fax: (310) 773-9263
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