Wednesday, March 5, 2008

F.B.I. Law Enforcement Bulletin - "Protecting the Elderly from Financial Abuse."

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

Teens Murder Elderly Woman for Petty Theft


San Bernardino, Calfornia US By PAUL LAROCCO

SAN BERNARDINO - Murder charges were filed Tuesday against two San Bernardino teens held in connection with the fatal beating of an 87-year-old woman in her mobile home.

Del' Andrae was in a coma for nearly three weeks after being struck repeatedly on the head with hammers. The one-time countess had met Garcia's family through her church. The father sent the boy to pull weeds in her vegetable garden a few weeks before the attack, her friends said.

"It's just a hideous crime," San Bernardino police Lt. Scott Paterson said Tuesday, echoing previous comments from prosecutors and Del' Andrae's friends. "She was trying to help them out."

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This crime shocks the conscience of any normal human being , and we also hope that this case moves through properly and efficiently, and that the perpetrators are held accountable for all the charges, we do not think that they should get suspended sentences just because the victim was 87 years old and was going to die anyways!
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"For people to make an idol out of unbridled capitalism is the height of madness, but this is what has happened in the last generation." by Richard Cook.

English Oaks citation says patient death preventable

Modesto ,California by By KEN CARLSON

State health authorities have assessed a $100,000 fine against English Oaks Convalescent & Rehabilitation Hospital in Modesto in the death of a 91-year-old patient who choked on food.

The citation charges that English Oaks failed to find out what was wrong with the patient while he was choking, did not provide emergency care and failed to use procedures such as the Heimlich maneuver to try to save Costa.

A physician's order for 'Do Not Resuscitate' does not mean a facility should not attempt a Heimlich maneuver to prevent a choking death."

A state official said the company is appealing the fine.

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Congressman Balart : Constituents Asking Your Help

March 1, 2008

Congressman Mario Diaz-Balart
12851 SW 42nd Street, Suite 131
Miami, Florida 33175
Phone: 305-225-6866 Fax: 305-225-7432

Dear Congressman Mario Diaz Balart;

I would like to have an opportunity to meet with you about elderly abuse and elderly abuse issues and tell you first hand experiences on this subject. With the upcoming baby boomer explosion this abuse will only get worse not better, and it may well happen to many of us unless special legislative action is taken and passed. As 3rd generation Republicans please allow us to come and see you and take only a small portion of your time. Thank you for your time and attention on this matter.

Respectfully,

Brian and Alicia Rook
Phone/Fax: 305.933.9594

Tuesday, March 4, 2008

Young Elder's Advocate Conducts an Interview with Editor of ElderAbuseHelp.Org


Ms. An Doan is E.A.'s most recent Elder Advocate that is interested in Elder Abuse and the numerous resources available through this site.

Ms. Doan asked to interview the editor of E.A. regarding one of the largest social epidemics of our century that's has spun out of control.

With no one to watch over the people that are supposed to protect our Elders, even 'Guardianship of a Ward' has turned into an orgy of frivolous billing and rubber stamping by the courts. So when the Elder Abuse ends with the perpetrators, it then begins with the courts.

E.A. wanted to know how Ms. Doan came upon ElderAbuseHelp.Org and what had prompted her to ask the editor of E.A. for an interview?

Well, the answer to that question is in the words of Ms. An Doans herself;

"The reason on how I found you to interview is from an answer that I got from Yahoo! Answers when I was asking who may I interview regarding elderly abuse Tabitha Grace Smith from Agis.Com and Agis FamilyCare Groups said I could go and ask Ray, Editor of ElderAbuseHelp.Org .

I'm currently 17 and doing a Senior Quest which is a required long research paper for seniors at El Monte High in order for graduation.

The reason why I'm interested in the topic Elderly Abuse is due to a presentation that I saw from last year from a fellow classmate about elderly abuse. And guess what? That was the first time I ever heard about elderly abuse, and knowing that, I'm sure that not many people know about it too.

It also makes me wonder how come so little people know about it. So I did some studies and found out that not all abusers were convicted and due to lack of evidence, they eventually get away with it.

What breaks my heart is that majority of those abusers are the victim's children. Furthermore, I want to find out what laws there are fighting against elderly abuse. I also volunteer at a retirement home and talk to some staff there, I found out majority of the seniors living there were abused before by their own children. "

Editor - Ms. Doan, we were a little bit surprised that at your age you want to become involved in fighting Elder Abuse, can you tell us what motivates you and what it is you hope to accomplish?

Ms. Doan - As for my family, my parents have always taught me to respect the elders. Though my family grew up in poverty and often struggle with financial problems, my parents had never complain about having to take care of my grandparents. After finding out about all these elderly abuse stories and facts, I'm exposed to a whole new side of life and the world. As a teenager, I know many other teenagers are rebellious and tends to ignore their parents so I want to tell more people about abuses so it'll be less likely to occur once they get older. I mean, our parents gave us life and took the time and love to raise us, we don't abuse them in return.

Editor - Okay, then thank you Ms. Doan, and since this is your interview, feel free to ask the questions that you have prepared for me.

Ms. Doan - Ok, thank you. What is your occupation and where do you work at?

Editor - I am a licenced Real Estate Broker and General Contractor, as well as the Editor of Elderabusehelp.org.

Ms.Doan - What encouraged you to create the elder abuse website?

Editor - I got involved with elder-care when my father ha a stroke in 1999 and my parents asked me to come home and take care of them. They wanted me to take over the responsibility of running the estate that they had built up for our family. After taking care of my parents and their financial affairs for 5 years, my mother was abducted and that was the beginning of what I would understand today as Elder Abuse.
To say that necessity is the mother of invention, after my parents were abused, either intentionally or through the 'Law of un intended consequences' the story of what was reported by the perpetrators was so alien to what really happened that I felt almost an obligation to collect evidence and to tell the truth about how the abuse came about and to warn others so that they would not be susceptible to the same abuse that destroyed our family.

Ms. Doan - What are some of the types of elder abuse that you encounter?

Editor - According to the types of elder maltreatment substantiated by APS neglect accounts for 48.7%, emotional/psychological abuse 35.4%, Financial /Material exploitation 30.2 % , physical abuse accounts for 25.6% and those categories is where the majority of elder abuse falls in.

Keep in mind that for every case of Elder Abuse that is reported there are 5 that you don't hear about, Elder Abuse is one of the most non reported crimes there is, and because a crime of elder abuse is not substantiated, does not mean it did not take place, only that the level of proof required by the state was not sufficiently met.


Ms. Doan - How often does elder abuse occur and mostly where?

Editor - Nursing homes have a dismal record when it comes to providing quality care for our elderly loved ones. For example, almost a third of the nursing homes in the United States were cited for abuse violations during a two–year period (Special Investigations Division, Committee on Government Reform, U.S. House of Representatives)

Often, the elder abuse violations caused actual harm to residents or placed them in immediate threat of death or serious injury. Unfortunately, the elderly do not necessarily fare better in domestic settings.

According to APS reports the largest category of substantiated elder abuse incidents was the adult children of the victims 47.3% . These are sad statistics, unworthy of a society that claims to honor its elders.

They are also only conservative estimates. For every reported incident of Domestic Elder Abuse or neglect, approximately five go unreported, according to the Administration on Aging.
Physical, emotional, simple neglect and abuse of the elderly happens every day.

Ms. Doan - How severe can the abuse get and in what ways are the elder being abused?

Editor - Elder Abuse can come in many ways, while the fastest growing type of abuse is Elder Financial Abuse which doesn't leave bruises and is treated as a civil matter by many law enforcement agencies, it is devastating, many elders do not transplant well, having to lose your home after 30 or 40 years because of being victim to exploitation is devastating and often leads to incapacitation or an early death or both.

According to Burgess, A., and N. Hanrahan; Identifying Forensic Markers in Elder Sexual Abuse, final report submitted to the National Institute of Justice, Washington, D.C. - 2006 .

Because older victims usually have fewer support systems and reserves—physical, psychological, and economic—the impact of abuse and neglect is magnified, and a single incident of mistreatment is more likely to trigger a downward spiral leading to loss of independence, a serious complicating illness, and even death.

Ms. Doan - Do the abusers often get the right punishment from the law that they deserve or there often not enough evidence?

Editor - The problem we are seeing is not lack of the evidence, on the contrary, there is an over abundance of it. Elder Financial Abuse has been called the Crime of the 21st Century , evidence of elder abuse is everywhere, rarely a day goes by where you don't hear of an incident of Elder Abuse. Sentences of Elder Abuse are often suspended , there seems to be an entire industry built up around Elder Financial Abuse, the elderly are often flush with savings and other assets, such as real estate and investments making them the grease that oils the probate courts, scam artists, and opportunists.

There also seems to be not very many consequences for the criminals, who are stealing old people blind.

Ms. Doan - What actions are the government taken to reinforce laws on elder abuse?

Editor - Presently there is the Elder Justice Act that has been languishing in Congress more recently congressmen U.S. Sen. Charles Schumer and State Rep. Marc Corriveau and others are pushing to get this act out of moth balls and into law, this would be a shot in the arm for elder protective agencies and law enforcement agencies everywhere.

Ms. Doan - Would the number of elder abuse decreases if we have federal laws against elder abuse?

Editor - Yes, if Elder Abuse was criminalized and mandatory sentences imposed then criminals would be kept off the streets and would think twice about abusing an elder.
But, "There's certainly a higher penalty for possessing a rock of cocaine in this Nation than for beating up on elderly, bedridden grandparents," Deputy Prosecutor Page Ulrey said.

Homeward Bound and its affiliates have been fined $249,000 for Consumer Protection Law violations. This amount will not be collected, take the example of Albert Bouchard, 47, of Limestone, who pleaded guilty to theft, was sentenced Friday in Aroostook County Superior Court to two years in prison, with all but 30 days suspended.

In contrast actor Tommy Chong gets nine months jail sentence for selling glass pipes that might be used for smoking marijuana.

We have federal laws to protect animals but no federal law against elder injustice, just "Information Centers".
It's time our elected officials got serious about protecting our elders. As you can see there is a favorable treatment for perpetrators of elder abuse that is disproportionate in relations to other crimes that needs to be addressed.

Most importantly, The National Elder Justice Act would mandate federal funds to bolster Adult Protective Service Agencies around the country. Right now it has been said that for every government dollar spent on child protective services training, only 4 cents is allotted for adult protective services programs. A guaranteed flow of federal funds would enable APS to hire much-needed caseworkers and investigators.

Ms.Doan - What makes an older person vulnerable to elder abuse?

Editor - Older people tend to trust more easily, also many suffer from the onset of Alzheimer's disease, dementia, and the fragility of old age. The elderly are not able to defend themselves and are naive, they would never believe that a family member would bring them harm or that there are cold hearted ruthless predators looking to befriend them, is only looking to take their money.
Ms. Doan - My final question, "What excuses does the abusers uses to abuse the elders?" And thank you for this interview!

Editor - Well physical abuse falls under the category of crimes of passion, a caregiver loses patience by being stressed out or a family member feels he was treated unfairly during his childhood and there is his/her chance to even the score,.... this can also be the fruit of the perception of having being abused as a child and this is an opportunity to get justice, but by far, the most rapidly growing type of abuse is elder financial abuse.

Elder Financial Abuse takes a lot more planning and execution and falls under the category of :

• Need or greed. - The abuser is under financial pressure.
• Opportunity. - The abuser has access to funds or property.
• False sense of entitlement—“I deserve it. I am owed.”

*Reference:National Elder Abuse Incidence Study prepared for the administration of Children and Families

Ms. Doan, let me say in closing, "Thank you, Please tell your school principal Mr. Joel Kyne , and I am going to go out on a limb here, and speak for all Americans, Ms. An Doans; "We are proud of you!"

If you and others like you are the future of our great Nation, then we have much to hope and look forward to, God Bless!

To all those that wish to thank Ms. An Doan for this great interview in which she asks all of the hard questions,.. and for her time as a volunteer to nursing homes, please feel free to contact her!

You can >> E mail her here <<


Senator Schumer Wants to Protect Elders

By Jessica Wasmund jwasmund@post-journal.com

Sen. Charles Schumer, D-New York, is working on legislation against what he considers one of the greatest problems plaguing senior citizens.

‘‘For too long (this problem) has stayed hidden in the shadows and out of the public eye, and it’s called elder abuse,’’ Schumer said. ‘‘It comes in many different forms: from senior citizens suffering from neglect at the hand of a caregiver or financial exploitation where seniors are conned out of their life savings or property. These despicable acts jeopardize senior citizens, and what’s most disturbing is right now we’re seeing way too many cases across Upstate New York.’’
Schumer said there is a lack of attention being paid to the issue, as well as a lack of federal safeguards in place to protect America’s senior citizens.

‘‘Elder abuse has been swept under the rug for too long,’’ Schumer said. ‘‘Now with the baby boom generation growing older, we’re going to see an unfortunate spike in the number of senior citizens subject to financial or physical abuse. Senior citizens across the state should have comprehensive assistance if they were scammed out of their savings or have their healthcare jeopardized by negligent caretakers. Right now these victimized seniors too often go unidentified.’’

In response to the number of abuse cases, Schumer said he is pushing for quick passage of the Elder Justice Act, which he co-sponsors.

Elder abuse is defined as the intentional or negligent act by a caregiver or any other person that causes harm or a serious risk to a vulnerable adult. It can include instances where a senior citizen is threatened by an individual through physical pain or injury or deprived of a basic need.

‘‘It can also include financial exploitation, which is unfortunately the most prevalent,’’ Schumer said. ‘‘There are hundreds of cases and what’s disturbing about the numbers is it’s the tip of the iceberg.’’

‘‘This is something we would be very much in support of,’’ Holt said. ‘‘I think calling attention to this issue through the bill and providing support to the elder community as indicated is a good thing. I would be supportive of it, and I think our profession is and should be supportive of it.’’

The Profession Faces Challenges That Must Be Met

By Jan Pudlow Senior Editor for The Florida Bar.org

Even though former Florida Supreme Court Justice Major Harding
considers himself an optimist, challenges faced by the judiciary can be
downright depressing.

“I feel like the guy walking around with the sign: ‘Repent! The end is near!’” Harding said in his keynote address at the General Assembly at
the Bar’s Annual Convention in Boca Raton June 23.

“But there is something we can do. We can repent. We can change. And
we can meet this challenge.”

Among the challenges Harding listed:

Eighty percent of the civil legal needs of low-income Americans are not being met, and half of those who come to legal aid seeking civil legal help are turned away, according to a recent report from the Legal Services Corp.

• In family law cases, one or both parties are unrepresented in 70 percent of cases.

To Florida’s lawyers, Harding challenged:

"You can be the one who will help change the course of history and help preserve this wonderful heritage created for us by our founders. You can be the one who will help the efforts of our new Florida Bar President Francisco R. Angones who replaces Hank Coxe, and who this year will walk in the shoes of those who have so faithfully gone before him.”

* Editor's note : this is an older article but it is perhaps more relevant today than it was when it was written on July 2006

Corrupt Florida Judiciary Makes International Headlines

Tallahassee, Florida, First District Court of Appeals by Gary Slapper

Guns, sex, corruption: a hearing in the US exposes a raft of jaw-dropping tales of judicial misbehaviour

RAs Lord Atkin said in 1936, “Justice is not a cloistered virtue”. It can be strongly criticised provided its critics are “respectful”.

Respect, though, was not what Judge Brad Thomas got when he went to discuss a judgment with someone. “Get out of my f***ing office”, he was told, before being ejected. The outburst might have been less startling if the person shouting the abuse wasn’t Judge Charles J. Kahn Jr. of the 1st District Court of Appeal in Florida.

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Abuse of Power - Story is the Same Only the Name Changes

By ANN MARIE MCQUEEN

When she went to see her elderly dad at his nursing home, the 63-year-old woman, his primary caregiver and keeper of his power of attorney, found he was gone.

Her older brother -- the one her 87-year-old father had never trusted around his finances -- had drawn up and wielded a new power of attorney.

"He took my father to his place," she said, "just because he wanted complete control."

An ex-wife persuaded her elderly former father-in-law to sign away his son's power of attorney to her: When the son fought back, the power of attorney went back and forth twice before it was finally returned to the son for good.

A woman with multiple sclerosis is a patient at a chronic care hospital, bedridden.

Each of her two children would race to the hospital on the first of each month, because that's when her monthly pension payment arrived.

"The first son that got there took her to another lawyer, got another power of attorney, and then cleared all the money out again," said Mann.

"Her comment to me, after the fact was, if her sons don't come to her for money, they never come to her, and this was the only chance that she would have to see them."

Brenda McGillvray, a detective with the Ottawa police three-year-old elder abuse section, says some 70% of the hundreds of cases the department has handled involve financial abuse. An increasingly common number of those involve theft by power of attorney, which is a charge under the Criminal Code.

"You would not believe some of the stuff we see," she said. "It's heartbreaking at times."

When a second power of attorney is drawn up, says McGillvray, it creates all sorts of issues.

"Which power of attorney is the valid one? Are they capable when they made this one?

If the capacity of the subject of the power of attorney is in doubt, a concerned family should make sure the.... financial institution has a copy, or is at least aware of it, and know that any other document presented, even if signed by the principal, is not valid, he explained.

This kind of fraud -- by both strangers and family members -- is so common, "you have to keep on top of it," said Mann.

She adds if it's suspected a power of attorney is being abused, the best thing to do is get a lawyer and apply to a court to have the power of attorney prove they are acting in the best interests of the senior.

"They say our seniors hold the bulk -- about 75% -- of the nation's wealth," she said. "And so that's a good chunk of money, and that's of interest to people, which is unfortunate and sad all at the same time."

Brenda McGillvray, a detective with the Ottawa police elder abuse section, has these tips when drawing up a power of attorney. They can't guard against fraud, but they can make it easier to prove after it happens.

- Insert a triggering clause, or a protection clause, to say specifically when the power of attorney comes into effect. Have it done in a lawyer's office and insert a clause to say it will stand even in the face of subsequent documents.

- Choose a power of attorney you know who will act in your best interest, a person you know well and trust. Not a family member who is putting on pressure or who you don't want to anger or disappoint.

- Appoint a joint, or even multiple, power of attorney. That way, if one person tries to access funds for themselves, another is directly accountable.

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Monday, March 3, 2008

"It's Like Open Season On Seniors."

Greensboro News Record - Greensboro, NC,USA Contact Jennifer Fernandez at 336-373-7064 or jennifer.fernandez@news-record.com

Retirement had been good to May.She inherited her mother's house in Greensboro and sold her own. She took cruises with friends and traveled to Hawaii .

But then May, 76, fell into a trap that increasingly is snaring her generation.
A telemarketing scam.May gave away her $100,000 life savings before realizing the "big prize" she was promised didn't exist.

Studies show that elder abuse, like child abuse and sexual abuse, often goes undetected or unreported. And signs point to an increase in elder abuse, especially financial exploitation — including telemarketing scams and caretakers and family members stealing money or property.

A 1999 National Consumers League report estimated that the elderly made up 56 percent to 80 percent of intended telemarketing fraud victims. A 2006 report from an assistant North Carolina attorney general put that figure at close to 90 percent.

Getting Scammed

But seniors are a prime target, studies show. May got pulled in last September when the call came that she'd won a major prize from "Publisher's." She thought it was a legitimate call from Publishers Clearing House, the Greensboro resident says.

In Guilford County, 18 percent of reports to Adult Protective Services last fiscal year involved financial exploitation.Abuse accounts for another 18 percent of Guilford's reports, while self- and caretaker neglect make up the majority, records show.

But it is the rising attack on seniors' financial resources that troubles Felissa Ferrell , program manager for Adult, Prevention and Human Services in Rockingham County's Department of Social Services . She turned over five cases to law enforcement in one week last month, Ferrell says.

"It's very easy when you see a disabled person or elderly person ... it's easy to take advantage of them," she says.Besides traveling, she also liked to make weekend dinners for a group of elderly women, some of whom were friends of her mother. But May can't afford any of that now.She says the police told her they couldn't help because it is out of their jurisdiction.

"It's a serious matter, and it's not getting any better," Boyd says. "It's like open season on seniors."

Legislators have introduced an "Elder Justice Act" in Congress several times since 2002 to address some of those issues. The latest versions sit frozen in subcommittees of both the House and Senate.

"And they're laughing," she says, the tears finally escaping. "And we're crying."

"Nobody," May says, "is there to protect us."

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Many Choose Not to Report Elder Abuse

Colorado Springs,USA .- Gazette.Com by Lance Benzel

For one elderly man in Colorado Springs, the problem wasn’t the beatings he occasionally suffered at the hands of his grown sons.

It was the prospect they’d go to jail, and he’d end up in a nursing home. Crippled by poor health and financial hardship, he had no one else to look after him, no place to go and a powerful aversion to losing independence.

In the end, he opted to stay home with his sons and endure the violence.

“These are the kinds of dilemmas that we run into,” said Chief Deputy District Attorney Doug Miles, who recounted the man’s case as an example of the challenges involved in stopping the abuse and exploitation of the elderly.

The crimes involve victims who are unable or unwilling to cooperate with law enforcement, abusers who double as caretakers, and social needs that the criminal justice system can’t address.

And, authorities say, crimes against the elderly are underreported and likely on the rise.

Now, with the help of a broad coalition of service groups and government agencies — and a $420,000 federal grant received in November — Colorado Springs police are redoubling efforts to prevent elder abuse.

“These people were raised in the generation that when you went to a nursing home, you went there to die,” she said. “They will go kicking and screaming. They will rather put up with the abuse than go.”


-- Data on elder abuse suggest that 1 in 14 incidents come to the attention of authorities. Only 1 in 25 cases of financial exploitation come to light.

-- For every case of elder abuse, neglect, exploitation or self-neglect, about five more go unreported.

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Of all the horror stories you hear about people losing their civil rights and being taken to the cleaners, plus my own experience and that of my friends who have chosen to report Elder Financial Abuse , being suspect , villified,crucified and constantly intimidated, without ever having done anything but look after my family , can you really blame the 24 incidents of elder financial abuse that happen for every one that is reported! That is indeed a very sad state of affairs that our elders find themselves in and with no one to turn to for help.

Saturday, March 1, 2008

Help in Caregiving from Agis.Com Share the Responsibility with Other Family Members

by Tabitha Grace Smith

CareGroups Make it Easy for Families to Stay Organized

One of the top complaints among family caregivers is that their siblings aren’t helping. A National Family Caregivers Association survey found that 76 percent of family caregivers say they don’t receive help from other family members. This troubling statistic is one of the reasons AGIS now offers Family CareGroups.



Once your activity is added, an email is sent to the members of your Family CareGroup - siblings, family members, and friends. The members of your Family CareGroup can then sign up for any activities available.
Family CareGroup also comes with AGIS’ proven and trustworthy resources to help you - the caregiver.

To start your own 100% free, personalized Family CareGroup please visit: http://www.agis.com/caregroups/