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Question of the Day on ElderCareMatters.com: "I am an Elder Care Professional with 15 years experience in helping families with their elder care matters. Should I be listed on ElderCareMatters.com?"

Answer:  If you are a professional who helps families plan for or deal with ANY of their elder care matters, then you owe it to yourself to be listed on America's #1 online source for "Elder Care Experts"….

ElderCareMatters.com

ElderCareMatters.com is where you will find more than 2,000 competent, caring elder care experts located across America, including:

  • Elder Law Attorneys
  • Estate Planning Advisors
  • Financial Planners
  • Investment Advisors
  • Geriatric Care Managers
  • Insurance Professionals
  • Life Care Planners
  • Professional Organizers
  • Reverse Mortgage Lenders
  • Senior Move Managers
  • Senior Real Estate Professionals
  •  Tax Advisors
  • Aging in Place Professionals
  • Daily Money Managers
  • And other elder care experts with long and successful careers working with seniors and their families

This is also where you will find some of America's best:

  • Assisted Living Communities
  • Alzheimer's / Memory Care Communities
  • Continuing Care Retirement Communities
  • Home Care Agencies

Together, we provide families across America with:

  • Unparalleled professional expertise
  • Up-to-date elder care information & answers to your elder care questions
  • Competent, caring assistance with a wide range of elder care services

So if you are a competent, caring elder care professional who helps families with ANY of their elder care matters, then request today an Application for Membership in the national ElderCare Matters Alliance and get listed on ElderCareMatters.com - America's #1 source for "Elder Care Experts" plus information and answers about a wide range of elder care matters.

Phillip G. Sanders, MBA, MSHA, CPA
Founder & CEO
ElderCare Matters, LLC
ElderCareMatters.com

 

 

 

Question of the Day on ElderCareMatters.com: "Would you please provide me with a list of all the 87 different elder care services that the members of the national ElderCare Matters Alliance provide on ElderCareMatters.com?"

Answer:  It is my pleasure to provide you with the following list of the 87 different elder care services that are currently provided by the members of the national ElderCare Matters Alliance on ElderCareMatters.com:

  1. Accounting Services
  2. Adult Day Care
  3. Advance Medical Directives
  4. Aging in Place Services
  5. Alzheimer's / Memory Care Communities
  6. Annuities
  7. Arbitration
  8. Asset Protection Planning
  9. Assisted Living Communities
  10. Assisted Living Referral Services
  11. Bankruptcy
  12. Bill Paying
  13. Budgeting
  14. Caregiving Education
  15. Companion Care
  16. Conservatorship
  17. Consumer Law
  18. Continuing Care Retirement Communities
  19. Cremation Services
  20. Crisis Intervention
  21. Daily Money Management
  22. Dementia Care
  23. Disability Income Insurance
  24. Disability Planning
  25. Elder Abuse Litigation Services
  26. Elder Law
  27. ElderCare Planning
  28. Estate Administration
  29. Estate Liquidation
  30. Estate Planning
  31. Family Law
  32. Financial Planning
  33. Funeral Services
  34. Geriatric Care Management
  35. Guardianship
  36. Health Insurance
  37. Hoarding Clean Up and Coaching Services
  38. Home Care
  39. Home Downsizing Services
  40. Home Health Care
  41. Home Modifications
  42. Hospice Care
  43. Independent Living Communities
  44. Investment Services
  45. Life Care Planning
  46. Life Insurance
  47. Litigation
  48. Long Term Care Insurance
  49. Long Term Care Planning
  50. Medicaid Planning
  51. Medical Services
  52. Medical Alert Systems
  53. Medical Claims Processing
  54. Medical Equipment & Supplies
  55. Medical Malpractice Litigation
  56. Medicare Consulting
  57. Medicare Supplemental Insurance
  58. Medication Management Services
  59. Moving Services
  60. Nursing Homes
  61. Personal Finance
  62. Powers of Attorney
  63. Probate
  64. Professional Organizing
  65. Public / Non-Profit Resources
  66. Real Estate Services
  67. Rehabilitation Services
  68. Residential Psychiatric Care
  69. Respite Care
  70. Retirement Planning
  71. Reverse Mortgages
  72. Securities Arbitration & Litigation Services
  73. Senior Housing
  74. Senior Move Management
  75. Senior Move Planning
  76. Senior Relocation Services
  77. Social Security Disability Services
  78. Special Needs Planning
  79. Tax Law
  80. Tax Planning
  81. Tax Preparation
  82. Transportation Services
  83. Trustee / Fiduciary Services
  84. Trusts
  85. VA Benefits
  86. Wills
  87. Wound Care

The goal of ElderCareMatters.com is to provide families across America with the help they need to plan for and deal with their elder care matters.  Let us know if there are other elder care services that you would like to have us list on ElderCareMatters.com – America's #1 source for Elder Care Experts plus information & answers about a wide range of elder care matters.

Phillip G. Sanders, MBA, MSHA, CPA
Founder & CEO, ElderCare Matters, LLC
ElderCareMatters.com
1-877-379-4500

Question of the Day on ElderCareMatters.com: "I noticed this morning that ElderCareMatters.com now has a total of 72 different elder care / senior care services that are included on this wonderful website. Can you tell me how these services are selected, and are there a maximum # of services that will be included on ElderCareMatters.com?"

Answer:  ElderCareMatters.com is an elder care resource to help families across America plan for and deal with their elder care matters.  With this goal in mind, we will continue to add more elder care-related services to ElderCareMatters.com in order to make this online elder care resource invaluable for families looking for help in planning for and/or dealing with their elder care matters.

Below are the 72 different elder care services currently listed on ElderCareMatters.com (with more services soon to be added): 

  1. Adult Day Care
  2. Advance Medical Directives
  3. Aging in Place Services
  4. Alzheimer's / Memory Care Communities
  5. Annuities
  6. Arbitration
  7. Asset Protection Planning
  8. Assisted Living Communities
  9. Assisted Living Referral Services
  10. Bankruptcy
  11. Caregiving Education
  12. Consumer Law
  13. Continuing Care Retirement Communities
  14. Crisis Intervention
  15. Daily Money Management / Bill Paying
  16. Dementia Care
  17. Disability Income Insurance
  18. Elder Abuse Litigation Services
  19. Elder Law
  20. ElderCare Planning / Long-Term Care Planning
  21. Estate Administration
  22. Estate Liquidation
  23. Estate Planning
  24. Financial Planning
  25. Funeral Services
  26. Geriatric Care Management
  27. Guardianship / Conservatorship
  28. Health Insurance
  29. Hoarding Clean Up and Coaching Services
  30. Home Care
  31. Home Downsizing Services
  32. Home Health Care
  33. Home Modifications
  34. Hospice Care
  35. Independent Living Communities
  36. Investment Services
  37. Life Care Planning
  38. Life Insurance
  39. Litigation
  40. Long-Term Care Insurance
  41. Medicaid / Disability Planning
  42. Medical / Healthcare
  43. Medical Alert Systems
  44. Medical Claims Processing
  45. Medical Equipment & Supplies
  46. Medicare Consulting
  47. Medicare Supplemental Insurance
  48. Medication Management Services
  49. Moving / Relocation Services
  50. Personal Finance / Accounting / Tax Preparation
  51. Powers of Attorney
  52. Probate
  53. Professional Organizing
  54. Public / Non-Profit Resources
  55. Real Estate Services
  56. Rehabilitation Services
  57. Residential Psychiatric Care
  58. Respite Care
  59. Retirement Planning
  60. Reverse Mortgages
  61. Securities Arbitration & Litigation Services
  62. Senior Move Management
  63. Senior Move Planning
  64. Social Security Disability Services
  65. Special Needs Planning
  66. Tax Law
  67. Tax Planning
  68. Transportation Services
  69. Trustee / Fiduciary Services
  70. Trusts
  71. VA Benefits
  72. Wills

If you need help with your family's elder care matters, you can count on ElderCareMatters.com to provide you with the experts, information & answers you need to plan for and deal with your elder care matters.

Phillip G. Sanders, MBA, MSHA, CPA
Founder & CEO of ElderCareMatters.com
1-877-379-4500

Question of the Day: "What is elder financial abuse, and don’t stockbrokers, insurance salespersons, and bank officials have a fiduciary responsibility to their clients, including their elderly clients?"

Answer:  Elder financial abuse is any practice or conduct that misuses, takes or conceals a vulnerable elder’s funds, property or assets. Elder financial abuse includes any type of investment fraud that uses misrepresentation, deception, trickery, false pretence, or dishonest act to the financial detriment of a senior.

A fiduciary duty is an affirmation obligation imposed on one person to act in the best interest of another person.  Whether or not a fiduciary duty is owed to an elderly client depends on the law of the state where the senior resides. In some states like Georgia, stockbrokers owe fiduciary obligations to their clients but insurance agents and bank officials normally do not. Nonetheless, this does not give an insurance agent or bank official a license to defraud a senior out of his or her money or property and the agent or official can still be sued by the senior for fraud.

Let me know if I can be of further assistance to you.

J. Michael Bishop, JD
Smiley Bishop & Porter, LLP
Atlanta, GA  30338
770-829-3850
Member of the national ElderCare Matters Alliance

Question of the Day: "My 90 year old aunt has Alzheimer’s and was recently moved into an Assisted Living Community. While moving her and reviewing her financial records, we noticed that money was being taken out of her account to purchase stock. How can this be – since my aunt is no longer able to think clearly enough to approve these transactions? We suspect that her broker is making these decisions without her prior approval to generate more money for himself. What should we do?"

Answer:  The practice you are referring to is commonly known in the securities industry as “unauthorized trading.” It violates securities laws and securities industry rules. Unauthorized trading occurs when a broker makes trades in a customer’s account without having any authority, either in writing or orally, to do so. Unless a client gives a formal written grant of "discretion" (like a limited power of attorney) to her broker, a stockbroker is not entitled to trade in the client's account without obtaining prior approval for the specific trade.

In your Aunt’s circumstance, if she has given you a financial power of attorney to act on her behalf, you should immediately notify the brokerage firm’s manager in writing that no new transactions should be executed in the account because of her condition.  Even in the absence of a financial power of attorney, you should notify the manager in writing that your Aunt is suffering from Alzheimer’s.  Either way, this will put the brokerage firm on notice it has potential liability and the broker’s conduct will be more closely scrutinized.

If the transactions in your Aunt’s account have not been authorized, she has a right to recover losses she has sustained on the unauthorized purchases and I would suggest you contact a securities lawyer to advise you further. If the broker’s manager wants to meet with you to discuss your Aunt’s account, keep in mind this is akin to the insurance adjuster trying to get a statement from a car accident victim before the victim can talk with a lawyer. If the broker has engaged in authorized trading someone knowledgeable should do a complete account review to be sure nothing else improper has transpired in the account.

Let me know if I can be of further assistance to you.

J. Michael Bishop, JD
Smiley Bishop & Porter, LLP
Atlanta, GA  30338
770-829-3850
Member of the national ElderCare Matters Alliance

Question of the Day: "What is the process to file a lawsuit against an unscrupulous financial advisor that my elderly parents have been working with for quite some time now? The bottom line is that this advisor has successfully “wiped out” most of my parents net worth."

Answer:  It depends of the type of financial advisor handling your parents’ money. If the advisor is a stockbroker, it’s likely your parents signed an arbitration agreement when they opened their account. This means they agreed in advance to file their case against the stockbroker and his employer in an arbitration forum and gave up their right to file their case in court.  Normally, the Financial Industry Regulatory Authority (“FINRA”) is the arbitration forum where your parents’ case would have to be filed.  Arbitration has both advantages and disadvantages but is less costly than filing an action in court and will likely get faster results. The arbitrators selected to hear the case can award your parents compensatory damages, punitive damages and attorneys’ fees– just like a jury can in court. For an overview of the FINRA arbitration process, click on this link: http://www.sbpllplaw.com/2011/04/an-outline-of-the-finra-arbitration-process-for-customer-broker-disputes/

If the advisor is not a stockbroker and your parents did not sign an arbitration agreement, they can file their case against the advisor and his employer in court. Whether they file their case in federal or state court depends on a number of factors including:

a) where your parents live
b) where the advisor lives
c) where the advisor’s employer maintains its principal place of business
d) how much money your parents lost, and
e) the legal causes of action asserted in the complaint.

Let me know if I can be of further assistance to you.

J. Michael Bishop, JD
Smiley Bishop & Porter, LLP
Atlanta, GA  30338
770-829-3850
Member of the national ElderCare Matters Alliance

Question of the Day: "A stockbroker has solicited me to open a brokerage account with him. He seems like an honest person who genuinely wants to help me. How can I find out information about him?"

Answer:  FINRA’s Central Registration Depository (CRD) system contains registration and background information on stockbrokers. Certain information from this system can be accessed through FINRA’s BrokerCheck website at: www.finra.org/Investors/ToolsCalculators/BrokerCheck/.  

The BrokerCheck report which can be obtained through the website discloses complaints other clients have made against the broker, arbitration cases and lawsuits where the broker has been found liable and shows cases that are currently pending against him. The report also reflects disciplinary actions brought by securities regulators where the broker was sanctioned. Let me know if I can be of further assistance to you.

J. Michael Bishop, JD
Smiley Bishop & Porter, LLP
Atlanta, GA  30338
770-829-3850
Member of the national ElderCare Matters Alliance

This week's Ask an Elder Care Expert is J. Michael Bishop, JD

J. Michael Bishop, JD
Partner in the Law Firm of Smiley Bishop & Porter, LLP
Atlanta, GA  30338
770-829-3850
www.sbpllplaw.com

Member of the national ElderCare Matters Alliance, Georgia chapter

I am an Atlanta native and partner in the law firm Smiley Bishop & Porter LLP. I received my law degree from Mercer University law school in 1984. For the last 26 years, my firm and I have dedicated our law practice to representing investors whose trust has been abused by dishonest financial advisors, stock brokers, investment advisors and financial planners. We have been fortunate during this time to have successfully represented numerous seniors who have been victimized by unscrupulous investment companies and their employees.  

Our firm prides itself on being keenly aware of the unique factors associated with representing seniors. Personally, I have served on the Board of the Elder Law section of the Atlanta Bar Association, am a member of the National Academy of Elder Law Attorneys and a Charter Member of the ElderCare Matters Alliance.  I am also a member of the Public Investors Bar Association. 

My law firm is based in Atlanta, Georgia but our practice is national in scope. We have represented investors in numerous venues throughout the Southeast and across the United States. We have successfully represented clients with claims against virtually every major Wall Street firm, including: Bank of America/Merrill Lynch, UBS/PaineWebber, Morgan Stanley/Dean Witter, Wells Fargo Securities/Wachovia Securities, Prudential Securities, Citigroup/Smith Barney, Shearson/Lehman Brothers, Bear Stearns, Credit Suisse, Ameriprise Financial, Morgan Keegan, and LPL Financial, as well as numerous others.