Exploiting Elderly And Vulnerable Adults Now A Crime

Measure Helps Deter Stealing From Senior Citizens or People With Physical or Mental Disabilities

(Long Island, NY) The New York State Senate today responded to the need for increased protection against financial exploitation of elderly and vulnerable adults by passing legislation to make such actions a crime. The legislation (S6712), sponsored by Senator Patrick M. Gallivan (R-C-I, Elma), gives district attorneys and police the tools they need to prosecute instances of financial exploitation of vulnerable elderly or people with physical or mental disabilities.

“Scams targeting the elderly and disabled have become increasingly more sophisticated and widespread in recent years,” said Senator Gallivan. “This legislation will give district attorneys and local law enforcement the prosecutorial powers needed to protect some of New York State’s most vulnerable citizens. Twenty-nine other states have enacted statutes specifically designed to protect senior citizens against financial abuse and I applaud my Senate colleagues for taking the first step towards ensuring that New York does the same.”

Financial exploitation of the elderly or those who have a physical or mental disability that prevents them from caring for themselves is a pervasive and often unseen form of abuse. The National Center on Elder Abuse defines elder financial exploitation as “the illegal or improper use of an elder’s funds, property or assets.” Such instances of exploitation can include credit card fraud, real estate scams, identity theft and burglary, which are also notoriously difficult to combat. Even when reported to local authorities, antiquated criminal statutes make it difficult to prosecute these offenses.

The bill establishes exploitation of a vulnerable elderly, incompetent, or disabled person as a form of larceny. It also requires adult protective services officials to report all instances of suspected exploitation to their district attorney’s office.

The bill will be sent to the Assembly.

C/O:   http://www.newsli.com/2012/06/19/exploiting-elderly-and-vulnerable-adults-now-a-crime/ 

World Elder Abuse Awareness Day approaching this Friday

World Elder Abuse Awareness Day approaching this Friday: OHIO VALLEY — After a long happy life, most dream of being able to take it easy during their retirement surrounded by family and friends in the last chapters of their lives, and unfortunately that scenario is not always a reality.

That dream can be taken away from elderly in the surrounding communities when they are victims of elder abuse. While it may not be a commonly discussed issue, elder abuse can be devastating for those who experience it and for the family and friends of the victims. Fortunately, there are those working to help end elder abuse and prevent it as much as possible by spreading the word about World Elder Abuse Awareness Day (WEAAD) on Friday, June 15.

Several local residents are working to make sure this issue is brought to the forefront in hopes or preventing and reporting abuse of local elderly citizens who are potential victims. Beverly Hauder, Project Administrator for the Mason County Action Group/Gene Salem Senior Center, has been working for this cause, and stated that elder abuse is a growing problem, not only in Mason County, but all over the nation, especially now that the baby boomer generation is growing older. Another local agency that is working to help elderly citizens against abuse is the Area Agency on Aging District Seven (AAA7), which includes Gallia County, and several other surrounding counties. According to a press release from AAA7, there may be as many as five million elder abuse victims each year in the United States.

Even though there can be so many victims, the National Center on Elder Abuse (NCEA) stated that the gravity of this issue is somewhat unknown because there are many cases that are not reported. The NCEA stated that one in ten elders may experience some type of abuse, but only one in five cases are reported. Elder abuse can happen in a variety of places, including nursing homes and the other institutions, and even the victim’s own home. It was also reported by the NCEA that the abusers can often be trusted individuals, such as spouses, family members, personal acquaintances, or professionals in positions of trust, as well as opportunistic strangers.

The NCEA defines elder abuse as “intentional or neglectful acts by a caregiver or ‘trusted’ individual that leads to, or may lead to, harm of a vulnerable elder.” The types of abuse can include physical abuse, neglect, emotional, sexual, exploitation, neglect, abandonment, and self-neglect. While signs of abuse may be obvious to some, others may not know what to look for. The NCEA defines these types of abuse, and some of their warning signs, as the following:

Physical abuse — Use of force to threaten or physically injure a vulnerable elder. Warning signs are slap marks, unexplained bruises, most pressure points, and certain types of burns or blisters, such as cigarette burns.

Emotional abuse — Verbal attacks, threats, rejection, isolation, or belittling acts that cause or could cause mental anguish, pain, or distress to a senior. Warning signs are withdrawal from normal activities, unexplained changes in alertness, or other unusual behavioral changes.

Sexual abuse — Sexual contact that is forced, tricked, threatened, or otherwise coerced upon a vulnerable elder, including anyone who is unable to grant consent. Warning signs are bruises around the breast or genital area and unexplained sexually transmitted diseases.

Exploitation — Theft, fraud, misuse or neglect of authority, and use of undue influence as a lever to gain control over an older person’s money or property. Warning signs are sudden change in finances and accounts, alters wills and trusts, unusual bank withdrawals, checks written as “loans” or “gifts,” and loss of property.

Neglect — A caregiver’s failure or refusal to provide for a vulnerable elder’s safety, physical or emotional needs. Warning signs are pressure ulcers, filth, lack of medical care, malnutrition, or dehydration.

Abandonment — Desertion of a frail or vulnerable elder by anyone with a duty of care.

Self-Neglect — An inability to understand to consequences of one’s own actions or inaction, which leads to, or may lead to, harm or endangerment.

Hauder stated the biggest issue among elder abuse is perhaps financial abuse. According to the Administration on Aging (AOA), each year, elders lose an estimated $2.6 billion or more due to financial abuse and exploitation. The AAA7 also offers several tips on how financial abuse can be prevented. Those tips include using direct deposit for checks, not signing blank checks and allowing others to fill in the amount, canceling any unused ATM cards, not giving out your ATM/PIN number, checking bank statements for unauthorized transactions, and being cautious of joint accounts.

“Over the last few years, we have seen a substantial rise in financial abuse of our area’s elders,” says Kaye Inoshita, RN, Director of the Regional Long-Term Care Ombudsman Program with the Area Agency on Aging District 7. “We receive many calls about nursing home residents’ families keeping the residents’ pension and retirement income/checks instead of using it to pay for their loved one’s care. Often, it is the resident’s children keeping their parent’s checks to live on. This could be considered financial exploitation which is in fact a crime.”

WEAAD was first recognized on June 15, 2006. The AOA stated the purpose of the day was to “provide an opportunity for communities around the world to promote a better understanding of abuse and neglect of older persons by raising awareness of the cultural social, economic, and demographic processes affecting elder abuse and neglect.”

If one suspects abuse of a loved one, there are many ways to report it and prevent it from continuing. A way for Mason County citizens to report abuse is by contacting the local adult protective services agency through the DHHR office at 304-675-0880. Hauder also said those at the Mason County Action Group are available to help report elder abuse, and those reporting can always remain anonymous.

The AAA7 also encourages those who are victims to contact their doctor or confide in a trusted friend or loved one and call the local Job and Family Services agency. Abuse in long term facilities can be reported to the AAA7 Ombudsman Program at 1-800-582-7277. If someone is in immediate danger, regardless of either county, one should call 911 or the local police department or sheriff’s office.

Hauder stated the Mason County Action Group wants to be known as those who help local residents become more aware of issues like this. She went on to say this day serves as a reminder to check in with our elderly family and friends, and be aware for signs of abuse, a sentiment those at the AAA7 would surely agree with.

“We can’t just close our eyes and pretend it doesn’t exist,” Hauder said.

To learn more about the issue of elder abuse, visit www.ncea.aoa.gov. To contact the AAA7, call 1-800-582-7277. To contact the Mason County Action Group, call 304-675-2369.

Read more: Point Pleasant (WV) Register - World Elder Abuse Awareness Day approaching this Friday 

Elder Abuse: How To Protect Grandma From Con Men and Thieves

Who would pick the pocket of your grandma or grandpa? Apparently, any number of people. Older Americans are losing $2.9 billion annually to elder financial abuse, a 12% increase from the $2.6 billion estimated in 2008, according to The MetLife Study of Elder Financial Abuse: Crimes of Occasion, Desperation, and Predation Against America's Elders, released Wednesday.

According to the study, 51% of these abusers are strangers, but 34% of the perpetrators were family, friends and neighbors. As for "trusted advisers," exploitation from the business sector accounted for 12% of reported cases. Medicare and Medicaid fraud accounts for 4% of reported cases. As a subset, the percentage of robberies and crimes classified as "scams perpetrated by strangers" increased from 9% to 28% from 2008 to 2010.

Who's on the top of the target list? Women. The study, produced by the MetLife (MET) Mature Market Institute in collaboration with the National Committee for the Prevention of Elder Abuse and the Center for Gerontology at Virginia Polytechnic Institute, shows women were nearly twice as likely to be victims of elder financial abuse as men.

Also prime for the picking were people between the ages of 80 and 89 who lived alone and required some help with either health care or home maintenance. Primarily, men were the menace: Nearly 60% of perpetrators were males, mostly between ages 30 and 59.

Predators lie in wait, watching: In the most common scenarios, strangers targeted victims who were out shopping, driving or managing the financial affairs, and often looked for particular flags of vulnerability like handicapped tags on cars, canes or displays of confusion. Crimes included cons, purse snatchings and associated physical assaults.

But that even those closest to an elderly person can give in to temptation or desperation. In cases involving a person known to the victim, trusted helpers like caretakers, handymen, friends, "sweethearts," children, lawyers and others seized upon opportunities to forge checks, steal credit cards, pilfer bank accounts, transfer assets and generally decimate elders' finances, the study revealed. The holidays apparently bring out the worst in people: At that time of year, overall dollar losses due to family and friends were higher than any other category.

Married to the Con Job

People can get quite creative with abuse. One unusual method -- caregivers secretly marrying their elderly charges, says Susan Slater-Jansen, an attorney at Kurzman Eisenberg Corbin & Lever.

There have been numerous lawsuits over cases in which a caregiver married a mentally incapacitated older patient and the patient's family didn't learn about it until after the patient had died. Once a person is dead, it's too late -- in all but three states, you can't void a marriage if one spouse has died, says Slater-Jansen. To help lower the odds of such a thing happening to your parent, adult children should make sure they receive duplicate monthly statements from all bank and brokerage accounts; install nanny cams; carefully and thoroughly check references for all caregivers; visit parents often, both while the caregiver is there and when they are not; and discuss with your parents the treatment they are receiving from caregivers.

If you discover such a fraudulent marriage has taken place, act quickly to get it annulled.

After the parent dies, heirs can sue to recover money from the "spouse." More and more, courts have found ways to deny spouses if the marriage was fraudulent, says Slater-Jansen.

"The most flagrant abuse is perpetrated on the elder by the hired caregiver, neighbor, or 'new' friend," warns Karen Maarse Fitzgerald, a principal in her own elder law practice. "A simple power of attorney signed by the elder can give to the "agent" broad and sweeping powers over the elder's life savings. I have seen bank accounts drained within days, the money and perpetrator vanishing to another country."

Protection Yourself and Your Relatives

The worst forms of elder abuse go beyond money: There can be physical abuse and sexual violence as well. "The vigilance of friends and family can help protect elders from those who are predatory, which may, unfortunately, include strangers or even other loved ones," said Sandra Timmermann, Ed.D., director of the MetLife Mature Market Institute, in a prepared statement.

What can the elderly do to protect themselves? Among the guidance offered by the report's authors:

• "Stay active and engage with others; socialize with your family members and friends. Avoid isolation, as it can lead to loneliness, depression, and make you more vulnerable to financial abuse or exploitation."
• "Use direct deposit for Social Security and other payments to prevent mail theft. Sign your own checks whenever possible."
• "Stay organized and keep important papers and legal documents in a safe, secure location."
• "Review your legal documents (i.e., wills, trusts, and power of attorney), as well as other important documents (i.e., insurance policies) at least annually, to make certain they continue to represent your wishes."

Ted Sarenski, who chairs the American Institute of Certified Public Accountants' Elder Planning Task Force, would add to that list. His tips:

• Subscribe to national and state Do Not Call lists;
• Keep Social Security cards in a safe place;
• Remove mail promptly from the mailbox;
• Shred all confidential and financial information prior to discarding.

"Consider allowing the bank to send a duplicate copy of your bank statement to a trusted family member," advises attorney Andrew Stoltmann, who has a large client base of seniors. "Usually, most financial elder exploitation cases are only reported or discovered six to 12 months after the initial losses have occurred."

Elders whose sight is failing are at even greater risk because they may rely upon the very person who is stealing from them to ensure that their financial transactions are in order, says Stoltmann. "An independent pair of eyes that is able to review bank statements every 30 days will be able to catch suspicious activities in the early stages and cut it off. This is crucial."

Advance Planning Can Help Dodge Dangers

When you are the responsible caregiver, know too, that your prudence can go a long way in preventing financial abuse.
Have some tough conversations. You need to know whether there is a will or a durable power of attorney, and where such documents are. Does your parent have a living will? If so, does it give you clarity about what your loved one's wishes are? A health care power of attorney would permit a trusted individual make medical decisions if your elderly relative was unable to.

It's important not to wait until the eleventh hour to have these talks. Ideally, those documents should be drawn up when your relative is of sound mind and body. It's not a bad idea either, to have a trusted adviser, not only know where the documents are kept, but be able to get to them if needed.

Beware of the appearance on the scene of the "trusted new friend." If mom and dad have a neighbor, caregiver or other outsider who is suddenly their best pal, running errands, going to the bank, and generally being around all the time when they never were before, it can be a warning sign that someone is taking advantage, warns Sarenski.

"Elder financial abuse invariably results in losses of human rights and dignity," said Karen A. Roberto, Ph.D., director of the Center for Gerontology, at Virginia Polytechnic Institute. " Despite growing public awareness from a parade of high-profile financial abuse victims, it remains under reported, under-recognized, and under-prosecuted. The 2010 Passage of the Elder Justice Act may bring more attention and resources to this crime leading to prevention among the expanding older population."

The bottom line, says Maarse Fitzgerald: "Protect elders from isolation, which allows the perpetrators to take control of our elder's lives."

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