Consumer Attorneys of California Co-sponsored AB 2171 (Wieckowski)
By Lillian L. Hyatt, MSW, Resident of a CCRC and AARP Policy Specialist on CCRCs
This column will inform my readers about a unique organization that protects the right of elderly people to have access to our very expensive judicial system. CCRC residents should be aware that Consumer Attorneys of California (CAOC) — unlike most attorneys who charge fees based upon hourly time providing legal services — serve their clients in the following manner: They will take a case if they feel it has merit and only charge the client if they win the case. (They get a percentage of what is awarded the plaintiff.)
Because state oversight has continuously declined — in my opinion, the passage of AB 2171 should be of great interest to CCRC residents. The media have reported stories detailing shocking injuries and deaths in assisted living facilities in the past year. Having a resource such as CAOC will help to correct such negligence, giving residents the power to call these RCFE operators to account using the judicial system. A residents’ bill of rights is largely meaningless if the individual rights are not enforced, and the bill of rights permits a resident to enforce the bill with the aid of CAOC.
Financial abuse is rampant and the CCRCs are asking residents to pay huge fees for around the clock “minders” and for help with activities of daily living even when they are in the skilled nursing facility, the dementia unit and assisted living. By law, the operators of such facilities are required to provide such care. Residents are currently paying for such services ($30 per hour, 24 hours, seven days a week). Unfortunately this may be glossed over by marketing staff.
There may be a remedy for such abuse. On November 10, 2014, I interviewed an attorney to discover the method used by CAOC to select a case. If a CCRC resident feels the need to pursue a lawsuit, they should contact a COAC attorney by phone. To evaluate whether a case is appropriate for consideration, the client should prepare and provide documentation to substantiate their claim.
The firm’s attorneys then meet for a roundtable discussion and review of the documents presented pertaining to the case. If a decision is made to pursue the case, the client may be asked to provide more information and documentation. All residents should be aware that these cases can be prolonged over a long period of time. Providers usually prolong all cases to wear out the plaintiff in hopes the resident will give up. My own case against my CCRC, which involved a violation of the ADA laws, took almost three years to reach a settlement. This process is not for the faint of heart.
One other fact all residents embarking on holding CCRC managements accountable for abuse is the history of their actions in cases through all the years I have been observing them. They will drag a case on as long as possible in the expectation the plaintiff will become discouraged or become too ill to continue the case.
My own case against the CCRC where I live took two years to settle. The CCRC management walked out of some hearings without even removing their coats. In another instance, the case was dragged out for many years until the plaintiff was too ill to continue.
The CANHR Lawyer Referral Service (LSR) is the only statewide referral service that deals primarily with cases involving either financial or physical abuse of seniors. The CANHR process for referring residents to attorneys skilled in elder law issues involves making a call to CANHR (415-974-5171). The CANHR website is www.canhr.org.
Founded in 1985, the LRS is certified by California State Bar, and uses rigorous screening requirements to select only highly qualified and experienced elder law attorneys. The LRS was established for the following purposes:
To provide access to legal representation for long-term care residents and their family members and consistent with the intent of the Elder Abuse and Dependent Adult Civil Protection Act, to enable interested persons to engage attorneys to take up the cause of abused elderly persons and dependent adults.
To encourage litigation panel members to promote settlements designed to improve the quality of care for all residents. All social workers working with the elderly should find this information useful and educational.
Professor Hyatt can be seen on YouTube at
www.youtube.com/watch?v=CMrC6o6Rm04
