EXAMPLE #1
DATE: 2/8/06
TO: District
Attorney, TO, ____ County for Grand Jury consideration
State Attorney General, Bill Lockyer, State of California
Pat McGinnis, Director CANHR via e-mail
Assembly member Jones FAX: 916 319 2109 & 916 327 3338
Senator Scott FAX: 916 324 7543 & 626 793 5803
Assembly Member C, ___ County
FROM: Donna Westfall, Authorized Representative
RE: GC vs ____ County Adult Protective Services and the _____
County Public Guardian
What happens when laws put into place to protect seniors
from financial abuse get twisted and instead of protecting the seniors,
employees of agencies steamroll over the senior and wind up abusing them?
I’ve been witnessing a travesty perpetrated upon my client,
87 year old GC. She’s been living just fine in an assisted living facility and
while her health is declining she will probably be around a few more years if
she doesn’t first die of anxiety and aggravation caused by ___ County’s Adult
Protective Services (APS) and Public Guardian.
Apparently AB1605 put into effect having banks as mandated
institutions notify the Public agencies whenever they had suspicion that
financial elder abuse may be taking place. GC has been with ___ Bank for 20
years. Her granddaughter, DL has been with them for 10 years. Instead of
calling their clients, __Bank called Adult Protective Services when we starting
the gifting program from Grandmother to Granddaughter in September ’05.
__Bank also put a freeze on their accounts. It took 2
hours for the family to meet with Branch Manager, JP.
JP and the legal department of __Bank acknowledged that GC
was competent, had signed the gifting checks and that everything was on the up
and up.
Apparently no one notified Adult Protective Services to
cancel the referral from the bank because on 11/2/05, MW from APS brought in a
large Police Officer and scared the daylights out of my client, GC. Frightened
and shaking, GC called her son-in-law, JF. He came and was subject to abuse by
MW as well. The Police Officer left saying something like MW (From APS) was
nuts and that the planning the family was doing was legitimate. He never wrote
up a report.
More importantly, when we asked for the Police Officer’s
name to get his statement and verification of what took place and how MW treated
my client we were told, “We don’t have his name.”
Complaints were filed with MW’s supervisor, Mr. K. Instead
of a letter of apology, our next communication came from AH, Deputy County
Counsel representing MW.
We were informed that MW intended to have GC (client)
evaluated. The family demanded to be present and that the evaluation be
videotaped so nothing could be misconstrued. This demand letter was sent to
Supervisor K at Adult Protective Services in Nov. ’05.
On 2/2/06, we received a copy of a letter supposedly faxed
to Granddaughter, DL by AH, Deputy County Counsel stating that the evaluation
could not have family present or be videotaped. We are stunned. Not so much by
this information, but by the fact that AH would lie about having sent the faxed
response on 11/23/05 when none was received. Proof of her having sent the fax
was requested. No response has been forthcoming.
Enter AM, ____ County Public Guardian who contacted me
stating she was going to be investigating this case. Now, it seems that AM is
of the opinion that GC was not able to consent (partially based on medical
records from 2001 when she was “confused”) and therefore on 2/2/06 the Public
Guardian has Petitioned for Conservatorship.
However, AM declines to tell us when the hearing will take
place, or the case # in addition to a list of other questions asked but not
answered. Although APS states they had an evaluation done, (we don’t know when)
the family does not know if they have time before the Conservatorship hearing to
have their own independent evaluation done.
The family has no real recourse other than to start
spending money on an attorney to fight these gross abuses and misconduct by the
Public agencies supposedly set-up to protect seniors.
We therefore respectfully submit that a Grand Jury
investigation be made of these agencies (____ County Adult Protective Services
and the Public Guardian) as they are overstepping their bounds. If the police
officer witnessed elder financial abuse, he had a responsibility to write up a
report for the DA’s office to consider. Instead, no report was ever made. If GC
were incompetent, or didn’t sign the checks, ___Bank Branch Manager would have
never lifted the freeze.
We respectfully submit that legislation be considered
and/or amended to deal with the innocent families subjected to this type of
abuse. I’m sure that the State did not anticipate having their legislation turn
against innocent families instead of protecting them. Attorney General, in your
mission statement it states “Justice, safety and liberty for everyone.” There’s
no “Justice” when a family has to bring civil action and spend potentially
thousands of dollars against Public Agencies when Public Agencies decide
to spend the money and resources to back their wrongful doing.
EXAMPLE #2
2/8/06
TO WHOM IT MAY CONCERN
I contacted Donna Westfall after unsuccesfully attempting to
get my 87 year old mother on Medi-Cal. Mom had been in a skilled nursing home
for two years and had used up her life savings in a very short time. We
considered selling her home but realized that mom would soon be out of money and
her home would be gone too.
With Donna Westfall's help we were able to legally get mom on
Medi-Cal (without moving her into another nursing home) and save her home for
her grandchildren.
After 7 years in the nursing home mom passed away this year.
Donna took care of filling out the yearly Medi-Cal qualifying forms. Her fees
were reasonable, her service was outstanding (all phone calls and E-mails were
promptly returned).
Being able to do everything by phone, mail, or E-mail made
the whole process easier than constantly making office appointments.
I highly recommend Donna Westfall's skills in accomplishing
complex matters.
G.A. Rancho Cucamonga, Ca 91730
EXAMPLE #3
To make
the decision to enter a loved one in a care facility is not only heart
wrenching, but the financial obligations seem overwhelming. The State of
California offers help, but trying to navigate the legal issues and paperwork is
frightening. Medi-Cal Specialists offers an outstanding service which will take
you through the maze of the Medi-Cal program and all of its financial
ramifications.
Not only did Donna Westfall take care of the Medi-Cal determination process for
our family, but offered a compassionate understanding of our family's
heartache.
I highly recommend Medi-Cal Specialists for all your Medi-Cal concerns. Using
this service will be one of the best decisions you have ever made.
Joyce Smith, Torrance, Calif
9/14/2007
EXAMPLE #4
Several
years ago I used the services of Ms. Westfall for my elderly father, who was
confined to a skilled nursing home.
In order to try and preserve what assets he had remaining, Ms. Westfall set up a
Medi-Cal approved plan that did protect the remaining assets.
Ms. Westfall is highly regarded in the Medi-Cal field, she is also very
professional and adheres to the letter of the law. She is very responsive to the
needs of her clients.
Since I first used her services, I have referred a number of friends and
relatives to her. They were all more than satisfied with her counsel and
professional performance.
I highly recommend Ms. Westfall to anyone needing her services.
Sincerely,
Coy D. E.
Upland, Ca.
8/31/07
EXAMPLE #5 BROTHER & SISTER
To Whom It May Concern:
I would like to recommend the services of
Medi-Cal Specialists and in particular Donna Westfall.
My brother and I were completely confused about the process of applying for Medi-Cal for our 79-year-old father. No one seemed to be able to answer our questions about a
number of issues. It was also important that we move quickly to get him into
Medi-Cal.
From the moment I signed the paperwork, Ms Westfall got the ball rolling. She was extremely professional, helpful and, best of all, knowledgeable. As it turned out, she knew more about rules and regulations than the caseworker assigned to my father's case! That was a real eye-opener.
If you are looking for help in getting a loved one onto Medi-Cal, I highly recommend Donna Westfall and Medi-Cal Specialists.
Sincerely,
Ruth P., Los Angeles, CA, December 5, 2000
EXAMPLE #6 SINGLE WOMAN, NO CHILDREN
84 year old female fell and broke her hip. We were called in
while she was recuperating in a convalescent hospital in Oxnard. She had only $16,000 left
to her name. If she had to pay retail, her assets would have been drained in just under 5
months.
By repositioning her last remaining assets, we got her qualified
for Medi-Cal. She was allowed to keep $2000 in her checking account.
Her share of cost was her social security plus the income stream
from the Medi-Cal friendly annuity we placed her monies into. Her assets then had a chance
to last another 84 months. If she passed away before 84 months, then her heirs and
beneficiaries received the balance. If she outlived her 84 months, then all the money was
used up and her share of cost would then be reduced to just her social security.
*
Had she not repositioned her money, here's the retail
picture:
COST OF NURSING HOME:
$ 3,000 a month for nursing home care
$14,000 would have been used up in less than 5 months.
MEDI-CAL COSTS:
Her share of cost was her social security plus the income stream from the medi-cal
friendly annuity. TOTAL: APPROX: $500 a month.
"Principled and persistent . . . We never could have
done this ourselves," J. Lyle, Oxnard, California
* Note to Example: #6 This case was done in 1997. If it were to be presented before Medi-Cal today, we could lower her share of cost even more by gifting out the $14,000 to her sister in less than 1 month. All legal and found within Medi-Cal's rules and regs.
EXAMPLE #7 HUSBAND AND WIFE, NO CHILDREN
When we were called in, the 92 year old husband had been in the
nursing home for 2 years. Their costs were $50,000 a year for the nursing home. On top of
that, the wife who was in good health, was paying about $30,000 a year for her living
expenses.
They had already sold the family home. Approximately $700,000 was
in a variety of low risk investments. She did not want to place her money into any
investments which may have had a higher yield, but also higher risk.
By repositioning their assets, we were able to reduce the nursing
home costs initially by $47,000 a year. However, the wife wanted the husband to be in a
private room and was willing to pay for it. We then re-calculated their savings to be
$43,000 a year.
We transferred the money into a MEDI-Cal friendly annuity which
would pay out about $12,000 a month to the wife.
However, the husband died during the 30-day free-look period. The
new widow didn't need a MEDI-Cal friendly annuity any more. Instead, we took out $50,000
for her to have on hand. The rest was placed into an annuity that paid her more interest.
Let's say, though, that the first annuity was already in place
for 3 months before the husband died. The wife would still have received her monthly
income which she could then spend or invest any way she wanted.
EXAMPLE #8, a couple in Ventura County
Wife entered nursing home at $3,084 retail rate a
month. When we got through repositioning money into a Medi-Cal friendly
annuity, and took her name off of everything, her fair share of
cost for the nursing home came to $3.00 a month. The size of the estate was
approx. $350,000 which included the family home.
Saving the family home for the heirs and
beneficiaries is a key part of what we do.
EXAMPLE #9, a couple in San Bernadino County
Husband suffered with Parkinson's and other
complications. Wife didn't want to place him in a nursing home, but finally
realized she could not care for him adequately at home. She visited him during
breakfast, lunch and dinner. The retail cost was over $5,000 a month. Once he
qualified for Medi-Cal "LTC", his fair share of cost was $35.00 a
month. The size of the estate was approx. $250,000.
Please phone, fax, E-mail or snail mail us. Call us, we care!
