Have you or a loved one been the victim of elder abuse — financial scams or otherwise? The Bee is looking for elder abuse victims and their families who are willing to tell their stories for possible use in a story about these crimes and what can be done to minimize the risks of becoming a victim.
By Ray Fernandez
In the age of new media when most cell phones are equipped with cameras and video that can turn a regular citizen into an investigative reporter that can be posted on media sites such as YouTube and made available to millions of viewers government has a right to be worried when citizens try to shine a light in the behavior of public servants who are paid with your tax dollars.
Rudy writes
"I am refused court access and threatened if I try to appeal by more court punishment since I was denied access (standing) the last time and I could not pay the $23,000 fine for thinking I have an interest in either my mother or her house, our home. The more we try to bring the truth out the more we are punished for it."
In the recent Gulf Oil disaster Reporters were threatened with arrest. News stories were yanked. Scientific reports buried. And data from the NOAA research vessel—initially sent to the region to take readings of the seafloor—was suppressed and YouTube videos were posted of reporters attempting to talk to workers who where forbidden to do so.
Most elder victims of elder abuse I have talked to are very afraid to talk about the abuse because of retribution,backlash,ridicule and intimidation they receive when attempting to report elder financial or elder abuse and when my own mother attempted to file a report for abuse she was ridiculed, the officer that took the report discredited her because "her hand was shaking when she signed the report" and "there was no signs of abuse" Ps. she was in a wheelchair where she was walking on her own power before the abuse took place, this is the protection you can expect from your law enforcement officials if the system is not reformed.
Others like 25 year old Anthony Graber who tried to report abuse are not so lucky. Graber, a sergeant with the Maryland Air National Guard, is now facing 16 years in prison, not for dangerous driving, but for a YouTube video he posted after receiving a speeding ticket.
Just like many of us who were pushed into elder advocacy when our loves one were abused, Graber never thought himself being an advocate for accountability.
According to the report the video, filmed with a camera mounted on Graber's motorcycle helmet designed to record biking stunts rather than police abuse, shows a plain clothes officer jumping out of an unmarked car and pointing a pistol at the motorcyclist exposing the officer's abusive attitude and putting the citizen's life in danger when he sworn an oath to protect the very same.
After he posted the video on YouTube, police raided Graber's home, seized computers and put him in jail.
Investigative reporters, whether professional or just a common citizen with a cam face a grim future if caught video taping or reporting abuse of any type wether it is grandma getting tazered or a *citizen getting beat in the street by police officials.
It is interesting that the attorney David Rocah representing Graber said "The case is critical to the protection of democracy because I don't think you can have a free country in which public officials are able to criminally prosecute people who film what they are doing."
Graber who had never been arrested before,is being charged with illegal wiretapping and could face 16 years in jail.
"This is about shielding the policeman, a public servant, from journalistic scrutiny," Steve Rendall, a media analyst with Freedom and Accuracy in Reporting (FAIR), said. But don't expect to read the story on your local media as they are hard pressed to report on elder abuse or other sensitive topics.
I think that we can all agree on is public officers - public officials tasked with protecting the public interest - should not be able to hide behind such rules to avoid scrutiny.
Supporters of abusive behavior will argue privacy laws" but it is interesting to note that you can't walk through Washington Square [a public space in New York] without being recorded by dozens of video cameras run by the police." One might be tempted to ask, "What happens to our privacy then?"
In 2007, police in Florida arrested Carlos Miller, after the journalist photographed the arrest of a woman.The arrest prompted the reporter to start the blog Photography is Not a Crime where he has documented more than eight similar incidents.
Of course we all know just ask Investigative Reporter Janet Phelan, that it is all about intimidation,the ruining of lives and reputations and the silencing of a citizens G-d given right about speaking out against perceived abuses, a sad day for America indeed!
The case that comes to mind as an example of a citizen journalist filming police was arguably the case of Rodney King, a black man in Los Angeles who was assaulted by several police officers. His beating was filmed by a citizen standing at a nearby gas station.
Without video evidence, King, a convicted felon, may have stood little chance testifying against police officers in court.
If you want more information on this story just do a Google search on Anthony Graber
*Denver police officers were caught on video tackling and beating a 23-year-old man who was doing nothing but talking on a telephone.
His dad is rich, and dying. He's facing huge credit card bills and unemployment. His inheritance is just sitting there. And sitting in the desk drawer is a power of attorney document Dad signed for him years ago, giving him the right to do anything he wants with the father's money. The temptation is too powerful, and the crime is too easy, to stop.
The story plays out thousands — perhaps hundreds of thousands of times — every year across the country, a scourge of old age.
America's vulnerable, graying population, and the concentration of wealth among older adults, has created a massive opportunity for fraud. Hard statistics are not available, but experts suspect that perhaps half a million elderly adults are ripped off by family members, lawyers and accountants every year, potentially taking $2.6 billion from infirm older Americans. The crime is known as elder financial abuse. Financial expert and consumer advocate John Wasik has called it "the crime of the 21st century."
"This is something that's rarely explored because the victims are rarely in a position to report the abuse," said Wasik, author of 13 books on personal finance issues.
This story will discuss the warning signs of elder theft and offer tips on what to do if you suspect a family member or friend is suffering financial abuse.
The tool used by the criminals who steal from the elderly is a legal document called a "power of attorney," which enables a designated adult to make financial decisions on behalf of another. Because power of attorney decisions are rarely reviewed, the document has been called a "license to steal." In legal circles, the crime is called "power of attorney abuse."
High-profile cases of elder financial abuse have helped shine a light on this age-old problem. In 2009, Brooke Astor's son and attorney were convicted of stealing $10 million from the socialite's $100 million fortune.
But Astor's estate is dwarfed by that of 104-year-old Huguette Clark, a reclusive heiress worth half a billion dollars who's been the subject of several msnbc.com stories by my colleague Bill Dedman. He's discovered suspicious transactions involving priceless paintings, musical instruments and a New York City apartment, and his reporting has led to a criminal investigation headed by the Manhattan district attorney's office. Thanks to inquiries from more than 100 msnbc.com readers, the New York office of Adult Protective Services is looking into the case. Many writers were prompted by their own personal encounters with elder theft.
That's the first and most important tip, experts say: Get involved. Report the crime. Many criminals get away with siphoning off cash because other relatives have detached from the older adult's life, assuming someone else is doing their job and taking care of end-of-life details.
"Keeping involved, active and in touch with the older person, staying aware of how they are doing and asking a lot of questions, that's very important for prevention and early intervention," said Sharon Merriman-Nai, co-manager of the National Center on Elder Abuse. "It can take next to no time for someone's assets to be depleted, so the quicker you can act, the better."
That means calling your state's Adult Protective Services officer, as msnbc.com readers did in response to Clark's story. You can find a state-by-state list here.
One serious challenge for family members who want to step in and help out: Frequently, local police will interpret elder theft as a civil, rather than a criminal, matter. That's why it's important to report suspicions to the Adult Protective Services office, which knows how to handle such incidents.
Reporting the crime is also critical because financial abuse is often accompanied by other forms of abuse, Merriman-Nai said.
"Physical abuse may be present, too. And if there's financial abuse, there's almost certainly some kind of psychological abuse going on," she said. "Quite often, they are being physically intimidated." In extreme cases, victims won't be able to afford the health care they need because their funds are depleted.
Calling to accuse a relative or a formerly trusted advisor is a big step, however, and one many family members are reluctant to make. It's also possible, Merriman-Nai said, that disputes or rivalries might cause one family member to misinterpret the actions of another. So it's important to ask questions and, if possible, obtain paperwork detailing alleged abuse, such as bank statements.
Wasik said: "You really kind of need to have something in hand to show this stuff is going on. It's not easy to prove without documents."
Garage sales hide theft
But elder financial abuse, particularly when committed by professional financial advisers, can be hard to spot and even harder to prove, said Jerry Walker, a Seattle-based lawyer who specializes in estate planning.
"There's all sorts of ways to liquidate items and have no record of it," Walker said. "I've seen big garage sales, for example, where a lot of property is sold and there are no receipts ... or they form a company and funnel money to the company. They can change beneficiaries or even hire relatives to do easy jobs. There's lots of crazy ways to get money out of an estate."
Elder financial abuse can be brutal and obvious, as in the Astor case. Or it can be much more subtle, Wasik said. In many cases, the issue is greed brought on by a sense of entitlement.
"Some cases are really egregious, such as a wayward son or daughter who comes into the picture and cleans out the accounts. But there are any number of scenarios," he said. "Other times, there are children who know the money is there, and the temptation for some is too great. A lot of people who lost their homes or are going to lose their homes have no financial assets at all. They are technically impoverished, but they see Mom and Dad sitting on a nest egg and they say, 'Hey, they're going to give it to me anyway, so why not use the money now?' "
Some cases are even more sinister, Merriman-Nai said.
"It's called 'undue influence,' and it's far more sophisticated, a very well-plotted-out, strategy to separate older individuals from their assets," she said. "It begins with someone gaining the trust of an elderly person, then separating them from their support network, isolating them from other people. Then they are able to exert tremendous influence on the elderly person."
That influence can extend all the way to bank teller windows. Elder financial thieves can have such hypnotic power over their victims that they transport the elderly person to the bank and stand nearby while he or she withdraws thousands of dollars in cash — and then hands the money over.
Most cases aren't reported
In fact, a report by MetLife Mature Market published in 2009 found that bank teller training is among the more effective ways to spot and stop elder abuse. In a test, tellers correctly identified suspicious transactions 7 out of 10 times, the report said.
"All by themselves, alert and well-trained bank tellers could have significant impact on financial abuse, especially if their numbers were to grow," the report found. By extrapolating from newspaper accounts of elder abuse, the report's writers estimated that $2.6 billion is stolen from older Americans every year and that only 1 in 14 cases are reported.
There is no national accounting of abuse cases, said Merriman-Nai, and that has blunted efforts to draw attention to the problem. But a paper published by AARP in 2008 (PDF) found that Adult Protective Services agents around the country report an "explosion of financial exploitation cases," particularly those involving power of attorney abuse.
The AARP report concludes that there are three main reasons that power of attorney abuse is so rampant: Receivers of the power, sometimes called the "attorney in fact," have exceeding broad powers. There is a nearly complete lack of monitoring of the attorney in fact. And there are unclear standards for dealing with those who abuse the power.
But perhaps most discouraging is this conclusion from the report:
Power of attorney "abuse may not be detectable until the principal has died."
One bright spot for those concerned about elder abuse: Tucked into the omnibus health care bill Congress passed earlier this year was the Elder Justice Act, which set aside nearly $800 million to expand efforts to investigate elder financial theft during the next four years. Advocates had been attempting to get the funding from Congress in the form of the Elder Justice Act for years.
Still, the fast-growing elderly population has Merriman-Nai concerned about the future.
"The problem is probably going to get worse before it gets better, the way the population is aging," she said. "But one hope we have is that the Baby Boomers are a generation of activists, and they will not go quietly. If we have an opportunity to put this issue on the map, it's now. The resources this generation can bring to resolve these problems can have quite an impact."
IF YOU SUSPECT ABUSE
As financial abuse can take many forms, it can leave many hints. The clearest: If an elderly friend or family member is not getting the medical treatment you think he or she should be able to afford.
Withdrawal or depression are also warning signs, Merriman-Nai said. If the older person is suddenly reluctant to talk about finances, that could also be a sign. But even a gradual withdrawal from normal conversations might be a hint that something is wrong — or that someone is trying to isolate the person from people who might spot the crime.
Unexpected dramatic financial transactions, such as a surprising sale of property or a large cash transaction, should also raise red flags.
HOW TO PREVENT ABUSE
One key to prevention is to stay involved in the elderly person's life well before there is a need to invoke a power of attorney. Maintaining a good relationship — including frank discussions of financial matters — will create a bond of trust that could be all the difference later in life when questions arise about finances.
Also, it's critical to make plans early on, when the elderly person is capable of being fully involved in the decision-making process.
"It's when you aren't taking the bull by the horns that things get out of control," Wasik said.
In many cases, the seeds for abuse are sown when an older person — trying to do the right thing, and preparing for the inevitable — signs what's called a "springing" power of attorney. Such a document takes force only when some trigger is reached, such as confirmation from a doctor that the individual is incapable of making his or her own financial decisions. The power of attorney might not spring into force for five or 10 years. Circumstances, as well as trust levels, can change a lot during that stretch of time.
While it makes sense to give a family member that kind of power over your finances, many older adults trust their accountants or lawyers more than their children. But in either case, Walker recommends not giving too much power to one person.
"You can split power of attorney up among two or three people, so they have to agree on decisions," he said. "That can provide some checks and balances. Of course, they might disagree, and you have to have a method for resolving deadlocks."
Wasik recommends something similar — give one family member the power of attorney, but require that person to provide regular reports to a council of other family members where financial decisions must be justified.
Walker strongly recommends against picking an attorney or accountant to receive the power of attorney.
"They are the ones that know how to play the game and work the rules," he said.
Ultimately, Walker said he wished that attorneys and accountants who exercised power of attorney were responsible to some higher authority, such as a social agency, in order to provide checks and balances.
"If you are an attorney, you are not accountable to anyone," he said. "The only way I can see it working is if you have to prepare an accounting and justify it to someone."
A court-appointed conservatorship is a more expensive option, but it does provide a facility for court review and other safeguards.
Finally, if you suspect elder financial abuse but aren't sure, or you are reluctant to involve law enforcement, Merriman-Nai recommends contacting an elder law attorney. The National Academy of Elder Law Attorneys is one place to look for such a specialist.
Source=>>
Key West ,Florida .-USAHealthcare providers underestimate and underreport elder abuse due to decreased recognition of the problem, lack of awareness of reporting requirements, including who to report to, and concerns about physician-patient confidentiality.
The US National Academy of Sciences defines elder abuse as follows:
Intentional actions that cause harm or create a serious risk of harm (whether or not harm is intended), to a vulnerable elder by a caregiver or other person who stands in a trusted relationship to the elder
Failure by a caregiver to satisfy the elder's basic needs or to protect the elder from harm.
Systematically, the terminology used to describe elder abuse is nonconsistent for example in some states leaving an elder sedated alone in a Hotel room who falls and suffers serious injury would constitute elder abuse and neglect under the definitions of Elder Abuse by the US Academy of Sciences
Financial abuse - Misuse of an elderly person's money or assets for personal gain. Acts such as stealing (money, social security checks, possessions) or coercion (changing a will, assuming power of attorney) constitute financial abuse.
Incidents such as these are routinely treated as civil matters and passed over to civil courts where they languish for years depleting any assets the elder might have accumulated for their now not so golden years..
Terms vary among researchers, and usage is not consistent in the laws of different states. Even the age at which a person is considered elderly, usually 60 or 65 years, is debated.
No federal statute is specifically dedicated to preventing the mistreatment of elderly persons similar to those targeted at child abuse and domestic violence. Currently, elder abuse is defined by state laws, but state definitions vary considerably from one jurisdiction to another.
Until we come to terms as to what constitute elder abuse there are bounds to be many more victims that will suffer unnecessarily and will be left with no one to turn to, this is the sad reality of elder abuse laws today which have been described as being 20-25 years behind child protection laws.
Because of the inconsistencies in the working definitions of elder abuse getting accurate information on the incidence of elder abuse and neglect will be very difficult.
Barriers to recognizing and reporting elder abuse also must be addressed as well as the The Role of Courts in Elder Abuse Cases. The lack of uniform definitions has been a major obstacle, the long court battles that await elders reporting elder financial abuse must be addressed, many elders don't have much time or money a victim may not be able to pay for a lawyer's services because the victim's life savings were lost as a result of the exploitation that would be the subject of the lawsuit.
The laws created for elder abuse were based upon child abuse laws; therefore laws are weak on matters such as financial abuse, since children generally have no money to exploit.
The slow pace and customary delays of the legal process are particularly onerous to older persons in general and to those who have been abused in particular.
We need reform and we need it now please let those on a need to know basis know. Thank you.
Elder Guardianship Abuse, Neglect and Exploitation stories in South Florida are being sought out by Elder Advocacy Group considering Class Action Procedures.
We ask that any individuals who have any news of Elder Abuse concerning a relative, neighbor or friend to urgently contact us.
Elder abuse is an escalating and often neglected problem in the United States, as highlighted by a recent Lifespan report that documented 1,300 cases in the Rochester-Finger Lakes area alone.
Many of our families rely on institutions or specialized care at home for aging family members, and it is essential that safe, professional care be available at all times.
To combat this growing issue, I have again introduced legislation (S.1916) that would require individuals treating or caring for people with physical or emotional symptoms of abuse to report this crime to authorities.
Those who knowingly or willingly fail to report abuse shall be civilly liable for the damages caused by such failure and will be guilty of a Class "A" misdemeanor.
This legislation has now passed the Senate five years in a row but has languished in committee in the Assembly.However, by holding nursing homes and caretakers responsible for reporting symptoms of abuse, we can help protect our vulnerable citizens.
Alesi, R-Perinton, represents the 55th District in the state Senate.
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Contra Costa Times
THE $23,095.58 WIRE transfer from Jack Whittaker's savings account at the Antioch Schools Federal Credit Union was the first sign something was fishy.
A day after the money had left his account, the 82-year-old widower went in to the credit union to make a withdrawal. He was shocked to learn that his account was nearly empty. The money he thought was there had gone to purchase an annuity he knew nothing about.
Whittaker had opened it back in the 1950s. The balance hadn't been touched in at least five years. Suddenly, in April 2005, Whittaker began coming in to the branch and withdrawing hundreds of dollars at a time. A younger man was always with him, near the counter or outside in a black truck. He claimed he was Whittaker's caretaker, but Greaff didn't believe him.
On Dec. 14, 2005, Whittaker came in to the credit union to withdraw $500. The teller, aware of the red flags on the account, asked Whittaker what he wanted it for. "I don't know," he said. "I just have to give somebody $500."
Greaff went to the authorities with suspicions that Whittaker was being taken advantage of financially.
According to Lynn Uikema, Contra Costa deputy district attorney, the credit union's vigilance foiled an ex-felon's elaborate scheme to steal everything that Whittaker owned.
Thanks to alert employees, Uilkema was able to put Joe Gonzales where he belongs - in prison, serving a 10-year sentence for elder theft.
It's because of shameless predators like Gonzales that the state Legislature passed the Financial Elder Abuse Reporting Act, which went into effect in January.
It requires all employees of financial institutions - banks, credit unions and savings and loans - to contact the police department or Adult Protective Services if they suspect that an elderly person is a victim of financial abuse.
The banking industry fought against this law to protect our seniors. Bankers argued that it wasn't their job to be policemen.
Since January, law enforcement agencies throughout the state have been deluged with invaluable tips from financial institutions. We believe state lawmakers should look at expanding the list of mandatory reporters.
Why not, for example, add title officers who routinely witness elder financial abuse in real estate transactions, but don't come forward because of confidentiality concerns?
It's a shame that we even need a law to compel people to do what is so clearly the moral thing to do.
Abridged for E.A. =>>
The FBI Law Enforcement Bulletin -
"©2007 CNET Networks, Inc. All rights reserved. Used by permission."
Over the years, a shift in law enforcement priorities, as well as an increase in general awareness, has made most officers familiar with the concepts of spousal abuse and child abuse. Still, the term elder abuse raises questions among even the most seasoned law enforcement officers. From physical, emotional, or sexual abuse to financial exploitation, approximately 818,000 elderly individuals are victimized annually.
Furthermore, experts estimate that only 1 in 10 cases of elder abuse gets reported.(1) Many elderly citizens must contend with a variety of health problems that limit their physical or mental functioning. Some become bedridden and cut off from normal contact with the rest of the world. At the same time, mental limitations leave many older citizens highly vulnerable to various forms of abuse.
Please go to http://www.fbi.gov/publications/leb/1997/decleb.pdf
Glorianne M. Amor
Office Manager
Congressman Mario Diaz-Balart
12851 SW 42nd Street, Suite 131
Miami, Florida 33175
305-225-6866
Fax: 305-225-7432
Gloria.Amor@mail.house.gov
Dear Congressman Mario Diaz Balart;
I would like a chance to meet with you and discuss elderly abuse and exploitation issues. I have first hand knowledge that the Elderly People of South Florida are being ruled incompetent , this in order to steal all their assets, including their homes.
The Judge's, Attorney's and Guardian's are working together to extort millions and millions of dollars from these elderly people.
We believe since the State Attorney refuses to prosecute these criminals then we believe special legislation must be made to ensure these crimes are stopped immediately which not only destroy the elderly peoples lives but their families.
As special legislation was made for Terri Schiavo case called the Sunday Compromise we believe since the State Attorney allows these crimes to continue, possibly she is friends with these attorneys and judges, there must be special legislation past to ensure the elderly will not become victims of elderly abuse and exploitation any longer.
My mother is! a victim, she was ruled competent by the Court Appointed Psychiatrist and the Judge refused to restore her civil rights , to date she lost over $600,000 thousand dollars. I would like to discuss special legislation to protect people like my mother, Thank You and I am looking foward to meeting with you at your earliest convenience.
Robert Sarhan, M.D.
Tel. No 305-338-6160
--------------------------------------------
To all our readers in Dade County, South Florida and surrounding areas that have been touched by this sad state of affairs, fleecing and financial abuse that our elders are faced with by the very same people that are suppose to protect them. Please E mail , then call Congressman Mario Diaz-Balart 305-225-6866 to ask that the congressman give this matter the attention that it deserves after you have called and E mail then please call Dr. Sarhan who is waiting for your call so he can coordinate his meeting with the congressman.
I want to say your blog is awesome.
Thank you for bringing all of this great information to the public's blind eye.I found your blog several months ago due to researching elder abuse and the corruption and that follows it.For over a year now, I have been personally investigating a guardian here in Illinois that has been abusing, neglecting and stealing from hundreds of elderly persons.
She is politically connected and has close ties with with court system.I, along with another person have reported this person several times to the so called elder protection agency and they have done nothing.We also called the states attorney's office and all they did was give us some tips and tell us to call the police.
The police say this is a matter for the courts, meanwhile this woman continues to rape the elderly from their dignity and rob them of everything they own.
I was very pleased to see the FOX News do that report. I certainly hope they will do a story on what is going on in my area of Illinois.This woman has literally been given the freedom and legal right to steal millions from hundreds of people with the total help from the entire court system here.I have had many sleepless nights over these horrendous crimes committed by this woman.
I have been threatened by her attorney to leave this alone etc..She has utilized almost every attorney in this county and received her glorious rubber stamp by the judges.We found out that she pays people finders fees to bring her these elderly people.
She has literally picked them up off the street and has bragged about it. Since she has friends in high places, she obtains personal information about elderly people and seems to almost always choose her victims by the fact they have almost none or no living family, no children etc..
She also is in cahoots as you call it with several nursing homes. I could go on and on but this is your blog. I Just wanted to share little bit of my story and give you a HUGE thanks for continuing to make the public aware.Someone out there has got to care about these elderly people, unfortunately for the elderly people that I am trying to protect, I have not found anyone yet.
AJ
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Dear A.J ;
Thanks for writing , judging from the quantity of letters and request for phone calls and recently interviews , your concern seems to be overwhelming a lot of folks and not just in Illinois alone.
This is a matter that bears serious investigation, and that is once an elder is incapacitated the feeding frenzy that follows by the very same people who should be supporting and aiding the family to validate their experience , overcome this tragedy and get back on their feet quickly , but instead choose to spend the elder's money villifying the family in order to discredit and make sure that the elder's own family never gets to exercise their God given rights to conduct their families affairs.
This is a matter of public interest that the media and superior judges are starting to notice and address because what you talk about seems to be more a part of the problem than a part of the solution.
We have been asked to cover this subject both ways, to give credit where credit is due and to expose the practice of penalizing abused elders and their families by talking away their dignity, by stripping their families of the God given right to make the decisions that are theirs and theirs alone.
Editors Note: We consider ourselves lucky in that we have a a good and a honest guardian, however we resent the fact that our resposibilities , to make desicions as to our parents have been stripped from us and given to a stranger and how well intentioned he might be , he still a stranger that needs to be paid for his time and the fact that our parent could have been abused and her assets improperly taken, is now a matter being litigated and up to the court to decide , this does not justify the villification, the constant suspicions, and the 'aura of guilt' that has been hung around our necks at a time when we need the most support in caring for our elder
It has been well documented that we have done an excellent job of caring of our parents, we ask the court and the courts representatives to step back and allow us to do the job of caring of our parent, please remove the shackles and the millstone hanging around our necks....
The situation is bad enough in having to deal with the ageing, incapacitation of our relative , let alone having to fight the entire court system that does wishes not take into consideration prior directives and the rights of the elder to the "Least Restrictive Form of Governance" per Florida statues meant to protect the elder and the elder's family from the abusive intrusions into our private lives that elder abuse families are often subject to.
And AJ don't give up there are good people who care, We certainly care and many others , unfortunately public agencies have not been given the tools or resources to deal with this problem, and their hands are also tied , but together , keep talking , keep writing letters, keep telling people what you know, together we can and are making it better for our elders everywhere by raising attention to this problem.
Heights and Hill Community Council, a 38-year old community-based agency serving the frail elderly in Brownstone Brooklyn is expanding our case management program to serve a much larger area in Brooklyn. We are looking to hire 2 Team Leaders/Case Management Supervisors and 8 Case Managers. All positions will begin April 1.
8) CASE MANAGERS:
*Responsibilites and Qualifications posted under comments
To apply, indicate position you are applying for and send cover letter and resume to rsvphhcc@aol.com or fax to (718) 403-0346
Contact Florida DCF Officials, Governor,
Below are the phone numbers, fax numbers, and email addresses for Florida Department of Children and Family Services officials, Florida Governor Charlie Crist, Lt. Governor Jeff Kottkamp, and members of the DCF Panel in Tallahassee.
I suggest elder supporters call and E mail all of the officials listed below. If the intended party is not available, which will often be the case, please leave a short, clear message telling them that you want justice in the elder abuse case of Clara G. Fernandez and that you feel Elder Abuse Laws should be brought up to par with Child Abuse laws and Elder victims should not be penalized and lost in todays the civil court system..
I suggest you leave your name, phone # and email address. Please remember to always be polite, respectful, and to the point.
Thank You for your support
Ray Fernandez
Florida Governor's Office
Charlie CristFlorida Governor
850-488-4441
Fax: (850) 487-0801
Charlie.Crist@MyFlorida.com
Jeff KottkampLt. Governor
850-488-4711
Fax: 850-921-6114
Jeff.Kottkamp@MyFlorida.com
Florida's Department of Children & Family ServicesExecutive Leadership Team
Robert A. ButterworthSecretaryOffice: (850) 487-1111
Bob_Butterworth@dcf.state.fl.us
Fax: (850) 922-2993
Don WinsteadDeputy SecretaryOffice:
(850) 487-1111
Don_Winstead@dcf.state.fl.us
Steve HolmesChief of StaffOffice:
(850) 487-1111
Steve_Holmes@dcf.state.fl.us
Greg KellerAssistant Secretary for OperationsOffice:
(850) 487-1111
Melissa JaacksAssistant Secretary for AdministrationOffice:
(850) 487-1111
Melissa_Jaacks@dcf.state.fl.us
Ken DeCerchioAssistant Secretary for Substance Abuse and Mental HealthOffice: (850) 487-1111
storms.ronda.web@flsenate.gov
Chair: Senator Ronda Storms (R)
(850) 487-5072
Vice Chair: Senator Gwen Margolis (D)
margolis.gwen.web@flsenate.gov
(850) 487-5121
Senator Carey Baker
baker.carey.web@flsenate.gov
850) 487-5014
SenatorAnthony C. "Tony" Hill, Sr.
hill.anthony.web@flsenate.gov
(850) 487-5024
SenatorEvelyn J. Lynn
lynn.evelyn.web@flsenate.gov
(850) 487-5033
SenatorNan H. Rich
rich.nan.web@flsenate.gov
(850) 487-5103
SenatorJ. Alex Villalobos
villalobos.alex.web@flsenate.gov
(850) 487-5130
Will post under comments some important developments please check back
by Ray Fernandez Key West,Florida.-USA
These are estate planning documents faxed from ANDYTHORNAL in Winter Haven, Florida.SADLY; As generous as this mother and father were, the eldest son and his partner still took full advantage of this ailing father and elderly mother who was suffering from Dementia and other ailments.
Click here to enlarge document or go here to view courthouse records =>>
Click here to enlarge document or go here to view courthouse records =>>
Adalberto J. Fernandez Jr. and his partner William (Bill) Hart leave a trail of destruction and mayhem!
There is much evidence and several witness's that will testify that Mr. William A Hart was terrorizing his partners father while at his home. Dr. Fernandez was so upset that something was terribly wrong with his missing wife by seeing Mr. Hart at the door, when family and neighbors realize that it was just Bill Hart impersonating a police officer ! When answering a neighbors questioning, Bill Hart replied; " I am with the Sheriffs Department", when clearly he caught snooping and harrassing at the home of Dr. A.J. Fernandez.
Consequently, Mr. Hart gets a trespass warning and Dr.Fernandez gets hospitalized because of the undo stress caused by this stalking.
Looking at the documents on this site, it clearly proves that these elders had never been late on their Taxes or paid a penalty.
Look where it says;
"You now owe because of penalties and interest $551,941."
The dates show that this was after Clara's C.P.A. was ordered by Clara's eldest son and his partner to stop doing her taxes.
What was the purpose of that? Now the elderly woman is charged with enormous penalties?
This is indeed a crime, and how is the elderly woman to pay these penalties, and why should she have to?
She never ordered her C.P.A. to stop processing her taxes!
Now this document shows her sad state of affairs, you can see that her account is now in 'collections' and her A-1 credit is now ruined forever.
How will this elder ever be able to re-coop her losses and ever repair her credit?
It is quite evident to me, as well as other blog readers I have contacted through this blog, that the evidence is indeed very strong and that Clara's eldest son and his partner abducted and bilked the elderly mother and left her in financial ruin!
Where is the Justice?
Related articles: Blame the Criminals Not the Victims
The system fails to protect the victims of elder abuse
Ireland,EU and Key West ,Florida.USA Recent figures on elder abuse in Ireland released by the HSE represent only a fraction of the cases in Ireland, according to a spokesperson for Age Action.
As the majority of the 26 elder abuse officers have been in their posts for less than 12 months, Mr Eamon Timmins, Age Action’s Head of Advocacy and Communications said the scale of the problem is likely to be much greater.
“Age Action had previously used the results of international studies, which showed that between three per cent and five per cent of the older population have been victims of elder abuse,” Mr Timmins told IMN.
“Applying this to Ireland, would mean that between 14,000 and 23,000 older people would have experienced elder abuse. The figures released show only a fraction of the problem. Because of the nature of the abuse, much of it goes unreported. Many people who are abused are afraid to speak out.”
However, Mr Timmins welcomed the release of figures for shining a light on what is an unreported problem. “They help break the taboo,” he said. “The figures show that this is a problem in Ireland. Hopefully, it will encourage more people to report cases of abuse. It’s hard to believe this is the first time we have statistics on elder abuse in this country.”
In particular, one figure that Mr Timmins noted was that while 92 per cent of alleged abusers in 2007 were family members, just 16 per cent of the cases were referred to the officers by other family members.
Paul Mulholland
Sometimes when they do speak out they are discredited, because of their advance age or other conditions and unless they have obvious physical signs of abuse are often not taken seriously especially if there are family members involved , which by now we know the majority of elder abuse happens at the hands of family members.
This police report dated 8-25-2005 states "
THIS INVESTIGATOR DID NOT OBSERVE ANY SIGNS OF PHYSICAL ABUSE OF MRS. CLARA FERNANDEZ AT THE TIME OF THIS INTERVIEW. " and no further action was taken to protect Mrs Fernandez
Here the police officer states "I TOLD VICTIM TO SIGN ON THE PROPER BOX AND DATE IT. THE VICTIM HAD A HARD TIME SIGNING ON THE LINE AND HER HAND SHOOK CONTINOULYS. IT WOULD BE HARD FOR THE VICTIM TO TYPE SAID PAGE LETTER SINCE SHE IS AN ELDERLY PERSON AND HAD A HARD TIME SIGNING THE STATEMENT."
The Victim statement which had been typed by her friends for greater clarity was dismissed........
Although we will painfully regret the incapacitation of our parent and the death of the other due to the stress of the situation the rest of our lives, we hope that their sacrifice has not been in vain and that the lessons learned will help authorities intervene in time and save other elder couples survive the sibling battles for control and power that too often seems to follow their advance into old age. Battles that seem so know no boundaries and that often spread out of control hurting and many innocent people and leaving a wake of death and destrucion that is un acceptable .
OTTAWA -Canada Norma Greenaway, Canwest News Service- Conservative Senator Marjory LeBreton says she has sought cabinet approval of about $13 million to finance a national education campaign - complete with hard-hitting television ads - to shatter the silence that has allowed elder abuse to remain largely hidden for too long.
LeBreton, the minister responsible for seniors, says the three-year funding proposal flows from recommendations made in the first report of the government-appointed National Seniors Council, which, among other things, called on the federal government to take the lead in developing and implementing a far-reaching information effort to help people spot such abuse and report it.
Her proposal calls for television and radio ads, as well as printed materials, a 1-800 number and community outreach initiatives that would be designed to help health care workers and others who work with seniors, as well as the family and friends of seniors, spot abuse and know what to do when they find it. The mistreatment can range from financial and physical to emotional and psychological abuse.
LeBreton said it's difficult to get an accurate picture of the depth of the problem because so few seniors are willing to speak out. The best estimate is that between four and 10 per cent of senior reported some abuse, based on 2002 data, she said.
The reasons for the data gap are myriad. Shame. Fear. A sense of isolation. And a reluctance to create friction in the family.
Several provinces are already actively tackling the elder abuse problem, but the National Seniors Council said the federal government should step up to the plate to enhance national awareness and promote information sharing and research on the subject.
The council's next assignment is to recommend specific measures to help low-income seniors, most of whom are women, after conducting a round of public hearings in all regions of Canada.
Ottawa Citizen
The Seattle Times .- Experts in crimes against the elderly say some older adults' mental and physical infirmities, social isolation and financial assets make them lucrative targets.
Bennett Blum, a forensic and geriatric psychiatrist from Arizona, who has testified before Congress about the financial abuse of the elderly, believes financial-abuse incidents are very common. He said they are seldom reported because the elderly victims fear retaliation and losing personal freedom, they're incapacitated or are intimidated by police or the justice system.
Rosemary Maxwell said she was reluctant to call police about her case because she feared seeming incompetent.
In Washington state, financial abuse is the most common form of elder abuse. The number of cases reported to Adult Protective Service (APS) has increased 22 percent from 2001 to 2006. They range in severity from the theft of a Social Security check to the theft of thousands of dollars, said Kathleen Birge, APS regional director.
"Our culture does not have a rich tradition of honoring our elders," King County Prosecutor Dan Satterberg said at an elder-abuse conference in Bellevue in September.
"If our culture is developing with an ethic to put our seniors out to pasture, is it any surprise that there are people in that pasture waiting to victimize them?"
— Nancy Bartley
Hello, *Martha Lenderman,
I understand and have read about your involvement with the Baker Act.What I'm curious about is how far you'll go to see that the Baker Act isn't misused.
Please take notice that the events you are about to go over are currently happening and my Sister and I are helpless todo anything about it.
There is a side to the Baker Act that allows a person to use the Baker Act to have an elderly person placed in the Florida Hospital in the Psych ward for observation while they steal their home and finances.
Who takes or is responsible for the Baker Act, when it is the tool used for the prior mentioned activities.
If I were to place a person in a hospital under the BakerAct, and did this with the intension of stealing my grandmothers assets.Who would want to know about this that could do anything about it?
So far, no one cares one way or the other, from Medicare SIU, Any political affiliation passes the buck, The DCF wants to see bruises, the police are helpless, and The Florida Hospital can't say anything due tothe Mental Illness aspect.
It seems like The Baker Act has totally protected anyone affiliated with it except for the victim My Grandmother Revelle Rose Markert. So far, I haven't seen one procedure or protocol from the Baker Act actually respected , from Kidnapping an Elderly woman, to a 196 hour stay at the Florida Hospital, to Using the Temporary Guardianship to move every bank account Revelle has prior to petitioning for Plenary Guardianship.
Not to mention the people that observed the persons improperly medicate my grandmother while under the Baker Act.
I do apologize for looking for answers from you. From my Surfing the internet, you are the only one that seems to know what the Baker Act is and how it is supposed to be used.
My Grandmother, Revelle Markert,
a current resident of Sebring Florida
4225 Seawood Ave
Sebring, Florida 33875
**
I've copied staff from the district office of the Florida Department of Children and Families (DCF) on this reply so they can follow-up on your grandmother's situation. DCF is the state's mental health authority and it designates facilities to participate in the Baker Act.
The Florida Agency for Health Care Administration actually licenses the hospital.
It's best that your inquiry be handled by representatives of state agencies.
We forwarded your email to the DCF and the local sheriff's department for review
You may also contact The Bar by mail at 651 East Jefferson Street, Tallahassee, Florida 32399-2300, telephone (850)561-5839.
Please continue to seek private legal counsel if you need any legal assistance to ensure that your best interests are represented. An attorney can provide the legal advice which our office is precluded by law from giving to private individuals. The Florida Bar also offers a Lawyer Referral Service at the above address. The toll-free telephone number is (800)342-8060.
Contact the Humana Medicare Offices of Special Investigation Unit for Abuse and Fraud.
Because of the volume of e-mails I receive on a daily basis, combined with the workload that comes with my position, I may not be able to respond to your concerns immediately.
Section 16.01, Florida Statutes, sets forth the powers and duties of this office. We are precluded by law from providing legal advice or opinions to private individuals.
Florida Attorney General Bill McCollum has received your Email expressing your concerns about the possible exploitation of your elderly grandmother as described in your correspondence. Attorney General McCollum asked that we respond. We are saddened to hear of your grandmother's troubles.
Related Articles:
Help! My Grandmother Is Held Against her Wishes In Isolation While She is Being Fleeced!
Key Schiavo Player Takes Her Act On The Road-Baker Act
*Martha now does consulting, primarily related to the Baker Act and Marchman Act. She:
• Assisted the Legislature in preparing the 1996 Baker Act reform,
• Wrote the Florida Administrative Rules governing the Baker Act,
• Developed the model Baker Act forms,
• Developed the facility survey guidelines for AHCA and DCF, and
• Wrote the state’s Baker Act and Marchman Act Handbooks.
From this point forward, there will be news about Paradise Costs--A Victim's Daughter Fights Back Against Elder Abuse as there has been before, but as of today, a group called STOP GUARDIANSHIP ABUSE requested that I put up some of their stories.
This blog is about ELDER ABUSE.
For every case of guardianship abuse, an elder (or some other vulnerable person) has suffered and so has a family. Most people don't want to hear about Elder Abuse, maybe because they don't want to know the truth.
However, we are going to tell the truth.
Here's an excerpt from my book and the reason why "a small group of committed citizens" will change the world....Margaret Mead said many years ago that, a small group is the "only thing that has EVER changed the world."
Everyday, there will be a story of elder abuse posted here and the location of the story could be Anywhere, USA.
from PARADISE COSTS--A Victim's Daughter Fights Back Against Elder Abuse...
"Before, during and after my father’s death, lawyers and social workers repeatedly made requests—they urged me to take his story public. In what has been a staggering evolution of consciousness for me, I have done so. I could not allow grief to cripple me— the stakes are too high.
Seventy-eight million baby boomers are the next generation of potential victims. In telling this painful and harrowing story it is my hope that we, an empowered and educated generation, will act and advocate in many ways including using the letters and petitions contained in this book to put a stop the pandemic of elder abuse existing in this country.
We must act now for the statistics are staggering:
The American Psychological Association estimates that each and every year over 2.1 million older Americans are victims of physical, psychological or other forms of neglect and abuse.
The National Center on Elder Abuse estimates there may be as many as 5 million victims of financial exploitation a year in the U.S. It’s also estimated that actual numbers of victims may be 5 times as many. The Center acknowledges that because there is no comprehensive data collection nationwide many seniors remain uncounted and suffer in silence. Millions may hide their embarrassment or remain in denial while countless others don’t have the competency to comprehend that they are being abused, neglect or exploited.
The National Committee to Prevent Elder Abuse (NCPEA) estimates that $20 million per day is pilfered from the elderly…in California alone.
National Institute of Health estimates that 4.5 million Americans have Alzheimer's disease now.
The Alzheimer’s Association estimates that 1 in 10 individuals over 65 and nearly half of those over 85 already have Alzheimer’s. It’s estimated that within the next 25 years the number of sufferers will triple.
The Alzheimer’s Association states the number of Americans with Alzheimer's has more than doubled since 1980; it will continue to grow, and by 2050 the number of victims with Alzheimer's could range from 11.3 million to 16 million. Increasing age is the greatest risk factor for Alzheimer's.
Every 72 seconds someone develops Alzheimer’s; the related costs of Alzheimer’s and other dementias exceed more than $148 billion annually.
The Alzheimer’s Association reiterates that Alzheimer’s disease is not a normal part of the aging process. It is a devastating disorder of the brain’s nerve cells that impairs memory, thinking and behavior. Obviously, victims of this ailment will be the most vulnerable among us.
An attorney who worked in an elder legal clinic told me, “An abused dog has more rights and will get more protection under the law than the elderly.”
If that is the case and, for my father’s it indeed was, immense changes are urgently needed to protect the elderly. Therefore, Paradise Costs is a wake-up call for action. We must change the laws now or millions will face victimization and too many with be casualties.
The emotional, physical and financial exploitation my parent suffered is all too common. Tragically, my father lacked the competency, as millions do, to recognize how he was being exploited.
It’s essential that the jury of public opinion—those reading this frightful story—be aware of what defines elder abuse, neglect and exploitation.
Our understanding needs to expand beyond the image of an elderly person tied to a bed or being beaten. As this story demonstrates more subtle forms of exploitation and abuse too often go undetected and are never identified or reported for what they are: crimes.
In the pages that follow, it will become dreadfully clear how vulnerable senior citizens are and perhaps in ways one could never imagine. My father’s story is not included in the ugly statistics; he fell through the cracks. Too many do.
Auschwitz survivor Elie Wiesel said societies are judged by how they treat the defenseless. He spoke to the unique needs of the elderly stating that our society “is too busy worshiping the culture of youth” to value them. Instead of ignoring the needs of the elderly, Wiesel said, people should consider it an opportunity and a privilege to extend a helping hand to them. “Why does our society try to do so much for children but so little for the old?” he asked.
Elder abuse, neglect and exploitation are not indigenous to any one area of this country. It is a multidimensional and pervasive collective ill that permeates throughout every layer of our society. It’s an issue that’s everyone’s business.
The Journal of the American Medical Association (appendix 2) has estimated that it will take 30-40 years before the awareness of elder abuse achieves the level of recognition that child abuse has now.
Can we wait that long?
Readers as participants in “reality writing” can change the future. It’s within the scope of the most enlightened and powerful generation of all time, the baby boomers, to use its huge political and economic clout on this crucial issue.
After you read this story, please make a decision about whether this cautionary, tragic tale has enough merit to motivate you to action remembering that as many as one-in-three baby boomers may be victims of some form of elder abuse.
If it does serve as a wake-up call, please “vote” your consentience by signing and mailing the prefabricated reality writing letters included in Chapter 10. Please pass around the petitions also included and mail or fax them to your U.S. Senators. Feel free to make copies of any part of the reality writing section of this book and pass it along to others.
The Elder Justice Act (EJA) came before both the U.S. House of Representatives and the U.S. Senate just as the finishing touches were put on this book in late March 2007. It is critical that the EJA, U.S. House of Representative Bill number HR-1783 and the U.S. Senate Bill number S-1070, be supported into law as soon as possible. And readers can help by imploring action now and in the future by becoming proactive immediately via reality writing.
After the EJA passes our task is not complete and, therefore, we must remain vigilant. It’s vital that the EJA be amended, as needed, and enforced to serve the welfare of the largest number of elderly.
We must, therefore, remain proactive demonstrating our ongoing interest and support for social reform on behalf of the elderly of this nation.
It’s obligatory for concerned citizens to continue to pressure Congress with reality writing letters enclosed in this book to drive home our imperative message.
We, as committed and watchful citizens, must demonstrate our steadfast interest by pledging to remain involved by continuing to telegraph our federal legislators that we want to stop elder abuse now.
It is to that end this book was written. This is a pro-active rally against the painful lessons taught by my own personal history, one many of us can relate to, and by other tragic world events that are remembered as blights upon humanity.
Apathy always costs in this “paradise” known as democracy or anywhere else on our planet.
As Martin Luther King, Jr. stated, “Justice denied anywhere diminishes justice everywhere.”
Thank you,
Irene A. Masiello
Member of the ELDER JUSTICE COALITION
April 2007 (and now on December 14, 2007)
SEND YOUR STORIES TO:
standing2gether@yahoo.com
Rules as of now (this will be checked with my attorneys on Monday)
1000 words (spell checked and properly punctuated, please)
no names (refer to yourself as a first name and a location only)
county and state only.
It is most disturbing that reporters of elder abuse cases to authorities in various countries, often resulted in the reporters themselves been investigated! Motives are questioned.
Why? Perhaps it is easier for authorities to suspect the motive of the reporter than to investigate the reported case.
I now know of several cases where the reporters of elder abuse have been suspected of ‘unsavory motive’ and investigated. One case is still ‘in progress’ after a few years of legal wrangling.
It is NOT encouraging for any potential ‘whistle blowers’ or reporters of Elder Abuse.
We need support NOT investigation into our motives.
Are there no one in our 21st century who can be considered generous and altruistic.
Have we become so materialistic that nothing done can be judged as an act of altruism or humanity?
For those in charge of various government programs in the fight to prevent elder abuse; please listen to us. How can you expect people in the community to assist, if you treat the reporters with suspicion and contempt? Let's face it, the victim often DO NOT report the abuses. It is often left to a caring relative, friend or neighbour. Do not wait till your department is called by the police or funeral house director before you act!
This post is not to discourage others in reporting elder abuse. It is just that some issues need to be sorted out by authorities regarding the health and safety of the elderly. In their next conference or staff ‘in service’ seminar; perhaps they can look at this problem.
We are currently gathering information on cases where reporters of elder abuse get investigated or called into question about their ‘motives’.
Please contact me via email if you have similar experience.
By Andrew
Click on Picture for Slide Show
We owe it to AMERICA'S GREATEST GENERATION – OUR SENIOR CITIZENS to protect them from those who are determined to steal their assets and dignity.
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