ORANGE COUNTY CONSERVATORSHIPS

CONSERVATORSHIPS ORANGE COUNTY

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Divorce rate drops as more Americans accept divorce

Divorce rate over time

1a1 Divorce Rate 2017

Divorce rates have fallen below the heightened levels of the 1980s and 1990s, potentially indicating the “divorce revolution” has come to an end. This has not brought a return to an earlier era in which divorce was both uncommon and controversial — instead, as the number of marital dissolutions dwindles, a record percentage of Americans view the practice as morally acceptable.

But both of these trends — the falling rate and rising acceptance of divorce — are likely signs of a larger, more significant shift: society’s changing attitudes regarding marriage. As divorce rates have fallen, so too have marriage rates as young adults delay marriage. And across all age groups, the practice of cohabitation has risen considerably, according to Pew Research. Gallup has also found that Americans are less likely to believe it is important for couples who want to live together or have a child together to get married.

As U.S. adults come to see marriage differently than in the past, it seems natural that they will view divorce differently too. It may be that both marriage and divorce are no longer viewed in moral terms, but rather seen as legal or formal processes.

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James Stout Attorney Google Reviews

James Stout Attorney Google Reviews

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James Stout Attorney Reviews Martindale.com

James Stout Attorney Reviews Martindale.com

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Orange County’s foremost attorney on elder abuse- James R. Stout, Esq.

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Does California make it too difficult to pass the bar? Wall Street Journal thinks so

In California, would-be lawyers have to receive a score of 144 on the multistate portion of the bar exam to pass. That’s a higher threshold than in every other state except Delaware.

Law schools in California say the state’s so-called “cut score” is too high, the Wall Street Journal (sub. req.) reports. If California had used New York’s passing score of 133 for the exam last July, 87 percent of graduates from ABA-accredited law schools in the state would have passed, compared with 62 percent who actually did.

Among all test takers, 43 percent passed last July’s exam, and only 35 percent passed in February.

“One camp of law-industry watchers blames the drop in passing rates on the declining credentials of incoming classes.” the Wall Street Journal reports. “Others point to changing study habits of millennials, who grew up with the ability to find information at their fingertips and aren’t accustomed to the intensive memorization and writing skills needed to pass a bar exam. Law schools point to the test’s required score as the problem.”

Twenty law deans at ABA-accredited law schools in California asked that state’s supreme court earlier this year to lower the grade required for bar passage, according to the Wall Street Journal and a story published in February by the Recorder (sub. req.). The court is considering the issue.

To help guide the court, the state bar is working on a series of studies. Two Pepperdine University law professors, meanwhile, released their own study this week concluding that California lawyers with lower bar exam scores were more likely to face disciplinary action by the state bar.

The professors, Robert Anderson IV and Derek Muller, collected discipline records and law school information on lawyers who were admitted to practice in the state between 1975 and 2006. Anderson and Muller didn’t have access to bar exam scores, so they used law school information to estimate the lawyer’s LSAT score, and used that to predict bar exam scores.

The professors validated their inferences about law schools and bar exam success through data about law school bar pass rates released in 2016 by the state bar.

The professors also noted that lawyers admitted in December, almost all of whom passed the bar exam on the first try, had a discipline rate of about 4.7 percent at 35 years. Those admitted in June, more than half of whom are repeat test takers, have a discipline rate of about 9.1 percent at 35 years.

The Ginger (Law) Librarian notes the Wall Street Journal story and suggests the test should emphasize legal research, rather than memorization.

“As a very basic example,” the blog says, “if the test-taker spots a potential negligence issue, why should the test taker also have to memorize all of the elements (and sub-elements) of negligence? In practice, lawyers research the elements.”

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Elder abuse seminar Orange County, June 22, 2017

Modern Foremost

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South Orange County caregiver networking is booming

The care giving business for older adults is huge in South Orange County.  Like the Dot Com Boom, a new caregiver business or related business starts up every minute.  Those jumping on the bandwagon include: in home care franchises, placement consultants for assisted living facilities, mobile dentists that go to your home, Alzheimer’s managers to help patients deal with memory loss, elder law attorneys to write trust and wills, the author of this piece an elder abuse attorney, in home care case managers, paid public speakers about dementia, reverse mortgage professionals, Medicare/Cal experts, and real estate brokers that guide seniors when moving. To name a few.

Money pours into the older adult care giving field, and attracts thousands of entrepreneurs.  Some will make millions, some will earn a living, and some will move on to other options.  Social media and face to face networking dominate marketing. Attend a delicious free breakfast or lunch networking meeting, learn from the speaker, shake hands (or hug), exchange business cards, crack a joke, transmit the “elevator description” of your profession “I help people ____”, congratulate the raffle winner. Drive back to your office.

Log on and Facebook and Linkein the name of the person on the business card. Set up a java meeting for those you think you could do business with. Establish a relationship, ASK FOR REFERRALS.

Photograph the speaker at one of the seminars and post it on Facebook.  Check back every 10 minutes to see if it was liked, shared or commented upon.  Like, share and comment upon several Facebook posts.  Go to Linkedin and do the same, but be more business like with your input- use the latest business buzz words. Invite friends.

Do your job.  Go to someones’s house, lift them from their bed, remove their clothing, bathe them, dress them, smile when they growl, wash the soiled bed. Be nice to the 50 year old child watching TV in the next room who is cleverly isolating the older adult from the outside world so he can get his inheritance that he is entitled to. Stay positive.

 

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How big of an issue is elder abuse in California?

Lady in WheelChair

 

Here in California, Adult Protective Services (APS) receives more than 14,000 reports of elder and dependent adult abuse per month, and reports are increasing.

There are an estimated 176,000 cases of reported elder and dependent adult abuse PER YEAR in California. Elder abuse is significantly underreported. For every case known to programs and agencies, 24 are unknown. For financial abuse, only one in 44 cases is known.

Help the California Association of Area Agencies of Aging and partners around the state to raise awareness about elder and dependent adult abuse. In California, June is Elder and Dependent Abuse Awareness Month. Learn about the different types of abuse, how to recognize them and how to report abuse to the appropriate local agencies.

The State of California Recognizes Six Types of Abuse:

  1. Self-Neglect – Refusal or failure to provide himself/herself with adequate food, water, clothing, shelter, personal hygiene, medication (when indicated), and safety precaution.
  2. Physical Abuse – The use of physical force that may result in bodily injury, physical pain, or impairment; or any physical injury to an adult caused by other than accidental means.
  3. Neglect by Others – Failure to provide the basic care, or services necessary to maintain the health and safety of an adult: this failure can be active or passive.
  4. Sexual Abuse – Sexual contact with a non-consenting adult or with an adult considered incapable of consenting to a sexual act.
  5. Financial Abuse – The illegal or unethical exploitation and/or use of an elder’s funds, property, or other assets.
  6. Mental Abuse – Verbal or emotional abuse includes threatening significant physical harm or threatening or causing significant emotional harm to an adult through the use of: Derogatory or inappropriate names, insults, verbal assaults, profanity, or ridicule; or harassment, coercion, threats, intimidation, humiliation, mental cruelty, or inappropriate sexual comments.
 

How to Recognize Abuse

In an emergency, call 911. To report cases of abuse, whether it is on your own behalf or that of someone you know, please call your counties Adult Protective Services or California State Long-Term Ombudsman. County specific numbers listed below.

Adult Protective Services (APS) responds to reports from individuals, concerned citizens, social service and health providers, and law enforcement representatives about developmental disabled adults, physically and mentally disabled adults, and the elderly who may be physically or financially abused, neglected, or exploited. Upon receipt of a referral, APS sends a social worker to make a home visit or contact the elder or dependent adult.

The Long-Term Care Ombudsman Program investigates elder abuse complaints in long-term care facilities and in residential care facilities for the elderly. The primary responsibility of the program is to investigate and endeavor to resolve complaints made by, or on behalf of, individual residents in these facilities, including nursing homes, residential care facilities for the elderly, and assisted living facilities. The goal of the program is to advocate for the rights of all residents in long term care

California law mandates that certain individuals report known or suspected incidences of elder or dependent adult abuse. Failure to do so is a crime.

WHO: Persons who are responsible, in whole or part, for care or custody of an elder or dependent adult, whether or not that person receives compensation, are mandated reporters of elder and dependent adult abuse, including: administrators, supervisors, and any licensed staff of a public or private facility that provides care or services for older or dependent adults, or any elder or dependent adult care custodian, health practitioner, or employee of a county adult protective services agency or local law enforcement agency. In addition, all officers and employees of financial institutions are mandated reporters for suspected financial abuse of elders and dependent adults.

WHEN: By telephone immediately, or as soon as practically possible to the appropriate local agency: adult protective services, law enforcement, and/or long term care ombudsman; AND, by written report, California Department of Social Services Form “Report of Suspected Dependent Abuse/Elder Abuse” (SOC 341), sent within two working days.

Posted in Aging Population, Elder Abuse, Uncategorized | 1 Comment

Alzheimer’s Deaths exceed smoking deaths

Lady in WheelChairDeaths from Alzheimer’s disease have risen dramatically in recent years, new government health data shows, and more Americans are dying from the illness at home.

Over a 16-year period, between 1999 and 2014, death rates from Alzheimer’s disease increased almost 55 percent, according to findings published Thursday in the U.S. Centers for Disease Control and Prevention’s Morbidity and Mortality Weekly Report.

“We’ve known for some time that the number of Alzheimer’s disease deaths have been going up and that can in some way be attributed to the fact that we have a growing number of aging adults in America. Age is the greatest risk factor for Alzheimer’s disease,” report author Christopher Taylor, an epidemiologist with the CDC, told CBS News.

During that same time period, Taylor said an increasing percentage of people with the illness died at home instead of in medical facilities, a shift from years past.

The majority of Alzheimer’s deaths took place in a nursing home or longterm care facility, but that figure declined from 67.5 percent in 1999 to just over 54 percent in 2014. Alzheimer’s deaths in hospitals dropped from 14.7 percent to just 6.6 percent.

About a quarter of Alzheimer’s patients spent their final days at home in 2014, up from about 13.9 percent in 1999.

Caregiving for someone with Alzheimer’s disease, especially in the late stages, it’s very intense. We believe there is a need for more caregivers and they should be getting more resources for such intense caregiving,” Taylor said.

According to the Alzheimer’s Association, 5.5 million Americans have Alzheimer’s disease today, and that number has been increasing over the past decade as the U.S. population ages, said Keith Fargo, director of scientific programs at the Alzheimer’s Association.

“This is a continuation of a trend that’s been going on for quite some time. It didn’t happen in one year, it’s been a steady trend over time, this increase in the death rate. This is not a surprise, but it’s alarming,” Fargo told CBS News.

“For every person with Alzheimer’s disease, there are three unpaid caregivers, usually family members, sometimes friends as well. We know that it’s bad for their own health. We can see that in Medicare data, across the U.S., Alzheimer’s caregivers have $9 billion more in Medicare claims for their own health. It takes a toll on caregiver health,” said Fargo.

Alzheimer’s physician Dr. Paul Wright, chair of neurology at North Shore University Hospital and Long Island Jewish Medical Center, in New York, told CBS News that many of his patients come in with family and friends who are helping to care for them according to the CBS.

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