Any Charges Reported on this blog are Merely Accusations and the Defendants are Presumed Innocent Unless and Until Proven Guilty, through the courts.

November 30, 2012

Report: Federal Agencies Need to Work on Fighting Financial Abuse of Elderly

Report: Federal agencies need to work on fighting financial abuse of elderly
November 27, 2012
By Lisa Chedekel, Connecticut Health I-Team  

A few months before he died last November, Robert Matava of Unionville, a decorated World War II veteran, spoke publicly about his battle with a stealthy domestic enemy: financial exploitation of the elderly.
After his wife died, Matava had moved to Florida, entrusting his son with his estate, including the house he built and the auto repair business he started. When he returned to Unionville in 2010 to spend his remaining years at home, he said, his son “refused to let me in” and he found himself penniless.
“In all my 90 years, I couldn’t predict the abuse I’d suffer” at the hands of a family member, he had testified at a hearing convened by U.S. Sen. Richard Blumenthal, who is pushing legislation to strengthen detection and prosecution of elder abuse.
A new government report highlights the need for better collaboration among federal agencies, banks and state authorities to combat the kind of exploitation that Matava said he suffered. The report by the U.S. Government Accountability Office (GAO) cites estimates that seniors lose at least $2.9 billion a year to financial abuse and exploitation, and that less than a third of cases are reported to authorities.
The report exposes gaps in the nation’s strategy for preventing and prosecuting elder financial exploitation, including problems in sustaining collaborations between agencies, obtaining data on abuse, and developing expertise in financial exploitation.
Among the problems cited is the reluctance of many banks to disclose financial information that could help to identify perpetrators or stop further exploitation, on the grounds that such disclosures would violate federal privacy laws or bank policies. Adult protective services officials in the four states reviewed by the GAO — California, New York, Pennsylvania and Illinois — reported that they often are denied access to bank records, despite exceptions permitting disclosure to protect against fraud or to comply with civil or criminal investigations.
Also, while the federal government generally requires banks to train employees on a variety of issues, such as money laundering and information security, GAO investigators said they could find no similar requirements for banks to train employees to recognize and report elder financial exploitation.
The GAO report recommends that measures be taken “to encourage banks to identify and report suspected elder financial exploitation and to facilitate release of bank records to APS (adult protective services) and law enforcement authorities for investigating this activity.” Specifically, the report calls on the Consumer Financial Protection Bureau to develop a plan to teach banks nationwide how to identify and report possible financial exploitation.
“Without information to correct banks’ misconceptions about the impact of federal privacy laws on their ability to release bank records, APS and law enforcement agencies will continue to find it difficult to obtain the information they need from banks to investigate suspected cases of elder financial exploitation,” the report says.

This story was reported under a partnership with the Connecticut Health I-Team (www.c-hit.org).

SOURCE:       MyRecordJournal

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Age Demands Action: Older People's Activism Produces Positive Change (GLOBAL)

By Natasha Horsfield
28 November 2012

Following on from our biggest Age Demands Action yet on 1 October, policy pledges are already translating into positive change for older people across the world.
Progress on pensions and social assistance
In Ethiopia, the pension payment scheme has been decentralised to neighbourhood level as a result of the Ethiopian Elderly and National Association's meeting with the Social Security Agency, making pension collection easily accessible for older people.
Developments are also now taking place to implement a non-contributory pension for people 70 and over. The draft strategy for this pension has now been submitted to the House of Parliament.
And in Ghana, a social pension pilot for older people who are not on any pension scheme has been announced for 2013.
HelpAge Sri Lanka have achieved huge success in getting the eligibility age for older people receiving the enhanced Rs.1000 Public Assistance Monthly Allowance lowered from 80 to 70. This change has already been implemented for the poorest aged 70 and over as of October and is now benefitting 200,000 extra older people.
Protecting older people's rights
As a result of HelpAge International Mozambique's ADA action over the last two years, a specific law on older people's rights is currently under consideration by the Prime Minister and Minister of Women and Social Welfare.
Following ADA 1 October activities in Lithuania, the Law on Plenary Guardianship of Disabled Older People has been changed to ensure older people are not stripped of their legal capacities.
And in Vietnam, the Deputy Minister of Labour and Social Affairs has appointed the Vietnam Association of Elders to draft the proposal for the Government to replicate the community older people's association model in the Vietnam National Action Programme on Ageing.
Local change makes a difference
Following our Affiliate in South Africa, MUSA'sADA activities on 1 October, a Senior Citizens' Desk in Ward 38 district has been launched to address older people's concerns.
In Kyrgyzstan, pledges have been made by local authorities in Naryn district to assist older people with fuel for heating. They have also pledged to provide age-friendly social spaces at the community level, such as tea houses in Talas district.
Three local partners in Russia have successfullyimproved medical access for older people. Two further partners secured improved public transport services and ADA activists in Ukraine have also succeeded in restoring a bus route essential to older people in Zhitomir district.
Accessible healthcare to the most vulnerable
To mark the UN International Day of Older Persons on 1 October, the Ministry of Health in Moldova approved a list of essential medicines to be made affordable for all older people a community level.
In the Gaza strip, the health insurance law for older people has also been modified to ensure free health insurance for those unable to pay for it.
Furthermore in Belize, following a meeting with the Minister of Health, the Age-Friendly Health Clinic Model established by HelpAge International Belize is now to be implemented on a widespread basis within the next two months.
Change for the better
The changes resulting from Age Demands Action on 1 October over the last two months are already starting to have a significant impact on the lives of older people around the world. More have access to healthcare, social pensions and legal avenues through which to claim their rights than ever before!  
Find out more on how 62 countries took part in our biggest Age Demands Action ever this year on our interactive ADA map!

SOURCE:       HelpAge.org

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Tulare Man Sentenced For Elder Abuse, Theft (CA. USA)

Tulare Man Sentenced For Elder Abuse, Theft
Nov 29, 2012
By Liz Gonzalez 

A man who was trusted to take care of his elderly aunt and uncle, will now serve time for stealing half a million dollars from them.
This week, Judge James Hollman sentenced 48-year-old Keith Little, of Tulare, to five years probation, and a five year state prison sentence was suspended. As a condition of probation, Little must serve one year in county jail.
He will begin to serve the one year term in county jail on May 20, 2013. He will also serve a six month term in federal custody on related charges.
On October 23, 2012, Little pled no contest to two counts of felony theft from an elder, and one misdemeanor count of elder abuse. From 2004 to 2010, while operating as the trustee for the estates of his elderly aunt and uncle, Keith Little stole more than $500,000 from them.
He also failed to authorize necessary medical treatment for his aunt while she was in a nursing facility.


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Nurse Ordered to Trial for Felony Elder Abuse (CA. USA)

Nurse ordered to trial for felony elder abuse
The Associated Press
Nov. 28, 2012

The former head nurse at a California nursing home is facing trial for felony elderly abuse in the death of an Alzheimer's patient.
Investigators say 77-year-old Johnnie Esco was supposed to be constantly monitored by nurses at Placerville's El Dorado Care Center. But she died of fecal impaction in 2008 after 13 days in the nursing home.
The Sacramento Bee ( http://sacb.ee/TsuGI8) says a judge on Tuesday ordered trial for 58-year-old registered nurse Donna Darlene Palmer.
Prosecutors say neglect led to Esco's painful and unnecessary death.
Palmer was one of two nurses charged in the woman's death.
Prosecutors say 39-year-old Rebecca Smith agreed to plead no contest to felony elder abuse in exchange for a possible suspended jail sentence and her willingness to help prosecutors in the Palmer case.


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November 28, 2012

Pattern of Broken Bones, Brain Injuries Flags Possible Elder Abuse: STUDY

Pattern of broken bones, brain injuries flags possible elder abuse: study
Sheryl Ubelacker
November 27, 2012

TORONTO - Older people who have a wrist or hip fracture often get such injuries after taking a fall. But researchers say there's a distinct pattern of broken bones and bruises that suggests something more sinister — elder abuse.
After reviewing international medical literature and Ontario coroner's reports, Dr. Kieran Murphy and colleagues saw the same pattern of fractures and soft-tissue injuries over and over again.
"There is indeed a typical distribution of injuries that are seen radiologically in the elderly who are beaten," said Murphy, a radiologist at the University Health Network in Toronto. "So they have injuries around their eyes, they have injuries to their teeth.
"They may have shaking injuries which cause bleeds (inside) the head called subdurals, they may have soft-tissue injuries and upper extremities injuries," he added.
Murphy and his team reviewed more than 1,100 cases of abuse in people over age 60. Their findings will be presented Tuesday at the annual meeting of the Radiological Society of North America in Chicago.
Their analysis also showed that these elderly abuse victims were most often in a home setting being cared for by non-professionals, such as a family member or other untrained caregiver.
Often the offender is financially dependent on the older person and may have an alcohol or drug addiction, he said. The person being assaulted is debilitated in some way, by dementia or the effects of a stroke, for example.
"If you factor in these different issues, you can come up with a fairly accurate likelihood that somebody's injuries are non-accidental," Murphy said.
"Older people fall and they fall on an outstretched hand and they break their wrist or they break their hip. Those are normal elderly fractures.
"They don't usually break their scapula (shoulder blade). But if somebody hits them in the back, they might break that. Or they don't normally break their orbit (bony eye socket). But if somebody punches them in the face, they'll break that."
Murphy said he hopes the study will help radiologists and other physicians recognize what could be signs of elder abuse, which is significantly under-reported.
"Radiologists need to be aware of the pattern of injuries frequently seen in the abused elderly,” he said. “More importantly, we need to integrate the physical and radiological findings with the social context of the patient to help identify those at risk."
Irmajean Bajnok of the Registered Nurses' Association of Ontario, calls elder abuse a "silent epidemic" because it appears only a small percentage of cases are ever reported.
"The older persons are in vulnerable situations, they're not likely to report this," Bajnok, the RNAO's director of international affairs and best practice guidelines, said Monday.
"And regardless of where it happens, it can easily be linked to 'Oh, they fell' or 'They're bumping into this,' so that it goes undetected."
Bajnok said elderly patients need to be assessed by health providers that are aware of the signs of elder abuse and can ask directly: "Has anyone ever hurt you?"
Nurses are among those ideally placed to look for elder abuse, she said, but pointed out the issue is complex.
Caregivers, both in the home and in long-term care facilities, can experience tremendous frustration in trying to look after elderly patients with complicated medical conditions that can include dementia.
But instead of pointing fingers of blame, it's more constructive to look for what triggers incidents of abuse and to figure out ways to train caregivers to de-escalate situations that could lead to physical maltreatment.
"We need to start dealing with the solutions," she said.
"It's a lot harder than saying: 'Oh my goodness, people are hitting older people. Let's stop it.'
© The Canadian Press, 2012

SOURCE:    GlobalTVEdmonton

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Digtial Extra: Tips for Spotting Elder Abuse

Nov. 26, 2012

Senior citizens can be subjected to many kinds of abuse by their family members, their caregivers, or others in authority who betray their trust.
It’s difficult to estimate how many seniors in Canada are affected by abuse because many cases go unreported due to fear, shame or inability of the senior to seek help.
Here are a few ways to spot the different forms of abuse that can affect seniors:
Physical Abuse: Elderly victims of physical abuse might have unexplainable injuries in various stages of healing, such as limb or skull fractures, bruises, cuts, black eyes, or ligature marks that indicate the use of restraints.
Neglect: When caregivers fail to meet the basic needs of those seniors entrusted in their care, their victims might exhibit an unkempt appearance, have broken or no eyeglasses, hearing aid, dentures and other necessities. They might also be suffering from malnutrition, dehydration, or have untreated sores or infections. They may also be cut off from their friends, support systems, or spiritual resources.
Psychological or Emotional Abuse: Seniors who are regularly being subjected to emotional abuse might show changes in behaviour, appear agitated or fearful, or they might be withdrawn and non-responsive. They may also show attempts at coping mechanisms, such as repetitive rocking, sucking, or biting.
Financial Abuse: Seniors are often the victim of financial abuse, many times at the hands of their own family members. Abusers might steal their money from their home, forge their cheques or misuse money entrusted to their care. Victimized seniors might notice sudden or unexplained withdrawals of large sums of money, or may remember being coerced into signing documents.
Sexual Abuse: Victims of sexual abuse might have bruising around the breasts or genital area. They might also have torn, stained, or bloody underclothing, or they might be diagnosed with sexually transmitted infections.
How to help an abused senior
• If you believe someone is experiencing abuse and is in imminent danger, call 911.
• You can also call the non-emergency number for police in your community. Police can clarify whether the suspected abuse is a criminal matter and can provide information for how to access community resources. Those who call on behalf of an abused senior can remain anonymous.
• The senior’s family doctor can also help by examining the senior for signs of physical or sexual abuse, or physical neglect. A doctor can also refer the senior to a social worker who can offer further help.
• In cases of suspected financial abuse, the senior’s bank should be contacted so they can trace missing funds or place holds on account that might be being misused.
• Most provinces also have senior help hotlines or victim helplines, which can offer advice on how to help an abused senior.


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Radiologic and Physical Findings Identify Elder Abuse (CANADA)

November 27, 2012
Radiologists in Toronto have begun to identify a pattern of injuries that may be indicative of elder abuse, according to a study presented today at the annual meeting of the Radiological Society of North America (RSNA).

According to lead researcher Kieran J. Murphy, M.D., F.R.C.P.C., F.S.I.R., interim radiologist-in-chief at University Health Network in Toronto, Canada, only 2 percent of physical elder abuse is reported by clinicians. "Unlike cases of child abuse, there is very little information available on this subject," Dr. Murphy said. "It's a much neglected area." To aid radiologists in identifying potential cases of elder abuse, Dr. Murphy conducted a literature review and searched databases for elder abuse cases to locate radiologic evidence of the types of injuries found in abuse victims over 60 years old. An analysis of more than 1,100 cases revealed that the most frequent injuries among abused elderly were physical trauma to the face; dental trauma; subdural hematoma, which is collection of blood in the space between the outer layer and middle layers of the covering of the brain; eye and larynx trauma; rib fractures and upper extremity injuries. The analysis also revealed that elderly victims of abuse were most often in a home setting being cared for by non-professionals. "In the cases we reviewed, the abused elderly were often socially isolated, depressed and unkempt," Dr. Murphy said. "The caregivers were not only financially dependent on the elderly person in their care, they were often dealing with their own substance abuse problem." Compared to older adults who were accidently injured, the abused elderly patients were more likely to have brain, head and neck injuries. Autopsy studies revealed that subdural hemorrhages were the cause of death in one-third of elder abuse cases. "Radiologists need to be aware of the pattern of injuries frequently seen in the abused elderly," Dr. Murphy said. "More importantly, we need to integrate the physical and radiological findings with the social context of the patient to help identify those at risk." Provided by Radiological Society of North America

SOURCE:    Radiological Society of North America


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November 27, 2012

Taking Action to Prevent Elder Abuse (CANADA)

by Vic Toews

As Canada’s population ages, our Government firmly believes that we must take care of those who have given so much to build our country to what it is today. That includes ensuring that we have effective laws in place to protect our elderly from abuse and other forms of crime.

Simply stated, elder abuse is any action, often committed by someone in a relationship of trust,  that results in harm or distress. Common types of this terrible crime include physical, psychological and financial abuse, and neglect. Often more than one type of abuse occurs at the same time. Police reported that nearly 7,900 seniors were victims of violent crime in 2009. Of those reported crimes, 35 percent were committed by a family member, 35 percent were committed by a friend or acquaintance, and 29 percent were committed by a stranger. However, it is difficult to estimate the true prevalence and incidence of elder abuse in Canada due to factors such as under-reporting.
Earlier this month, Bill C-36, the Protecting Canada’s Seniors Act, was passed in the House of Commons. The legislation aims to better protect seniors by helping ensure tough sentences for those who take advantage of elderly Canadians.

Crimes against our most vulnerable citizens should not be tolerated, and this Bill ensures that perpetrators will be punished appropriately. Under the proposed amendments to the Criminal Code, evidence that an offence had a significant impact on the victims due to their age – and other personal circumstances such as their health or financial situation – would be considered an aggravating factor for sentencing purposes.
The amendments would ensure a consistent application of sentencing practices that treat the abuse against individuals who are vulnerable due to their age and other personal circumstances.
Our Government takes our commitment to protect our most vulnerable and prevent crime very seriously. We have been working to address elder abuse in a number of ways, including through elder abuse awareness campaigns and the New Horizons for Seniors Program. In 2011, we increased our investment in the New Horizons for Seniors Program by $5 million per year, bringing the program’s annual budget to $45 million.

Please visit www.seniors.gc.ca for more information about our Government’s on-going action to protect vulnerable Canadians and prevent crime.

SOURCE:     MySteinbach, ca

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Elderly Crime Issue Raised by MP Campbell (UK)

Elderly crime issue raised by Campbell
23 November 2012

JUSTICE Minister David Ford has been challenged over what action he is taking about fear of crime amongst elderly people, by East Londonderry’s MP Gregory Campbell.
Back in August, the Sentinel ran news on its front page of the volume of crimes against people aged 65 or over in Limavady. In the most recent policing year, 2011/12, the figures showed there to be a crime against an older person at a rate of around once every four days.
Elderly charity Age Sector Platform revealed that its own research had found one in two elderly people in County Londonderry to be living in fear of crime.
Now, DUP MP Gregory Campbell has questioned the Justice Minister on whether he will undertake his own research into the fear of crime against the elderly and whether he will “offer assurance to elderly people regarding the penalties available to the courts for people found guilty of such criminal activity.”
Mr Ford replied: “Tackling crime against older and vulnerable people is a commitment for my Department within the Programme for Government and the Community Safety Strategy.
“The Community Safety Strategy includes a commitment to improve our understanding of the fear of crime. As part of this commitment, my Department is currently in discussions with partners to consider research on fear of crime and its impact on vulnerable people.
“As part of the Programme for Government commitment I intend to develop and build on work already underway to build community confidence in sentencing.
“Under the current legislative framework, custodial offences are available to the judiciary for those convicted of serious crime. Sentencing decisions within this legislative framework are a matter for the independent judiciary. In making these decisions, judges are guided by sentencing guidelines which already indicate that the courts should treat the age and vulnerability of the victim as aggravating factors.

SOURCE:       The Londonderry Sentinel, UK

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Experts Take Aim at Elder Abuse (CANADA)

Experts take aim at elder abuse
November 24, 2012

The federal government in 2010 estimated up to 10 per cent of seniors in Canada suffered some type of abuse or neglect, says the RCMP.
In Nova Scotia, the government has said elder abuse is expected to grow as the population ages. Nearly 700 people in the province turn 65 every month, said the government’s 2005 elder abuse strategy.
Abuse victims whose allegations are reported come in contact with police, social workers, health-care personnel, clergy or other professionals trained in geriatrics or used to helping seniors.
But at the grassroots level, professionals need not be the only people teaching seniors about abuse of older adults, a Halifax conference on aging heard Thursday.
Volunteer peer educators — seniors talking to seniors — can do the public awareness job well, delegates were told.
A workshop heard about a two-year, federally funded project run out of the University of Prince Edward Island that recruited Island retirees to give public presentations on elder abuse.
Local folks signed up to get trained for talks where they provided basic information on the mistreatment of seniors.
Volunteers committed to speaking at two sessions a year, usually in their communities on the island or nearby.
Project leaders Lori Weeks and Olive Bryanton told the Halifax conference the program helped open seniors’ eyes to the harm older people could be subjected to from relatives, friends or others.
There are various forms of abuse, including physical, emotional, sexual, financial and neglect, delegates heard.
Bryanton said abusers are rarely strangers.
“It’s usually someone you know, someone you trust and it could be your family member.”
According to the provincial government, 5,000 to 13,500 older people in Nova Scotia “experience harm and poor health or well-being because of abuse.” However, abuse is always underreported, so it is believed these figures are low, a government website said.
Weeks and Bryanton were addressing a conference at a local hotel organized by the Nova Scotia Centre on Aging, part of Mount Saint University in Halifax.

SOURCE:     The Chronicle Herald

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Lawyer Urges Family and Friends to Watch for Signs of Nursing Home Neglect

Elder Abuse Lawyer Urges Family And Friends To Watch For Signs Of Nursing Home Neglect During Holiday Visits

Columbia, S.C. (PRWEB)
 November 23, 2012

With the holiday season underway, many people will visit family members in nursing homes in South Carolina, and Columbia nursing home abuse attorney Bert Louthian today called on those visitors to be on the lookout for any signs that their loved ones may be suffering abuse or neglect while residing in a long-term care facility.
“Visitors are the first and best line of defense that residents have against nursing home abuse,” Louthian said. “While you are on your holiday visit, it is a good idea to take a few moments to make sure that everything is going alright.”
Louthian is a partner in the Louthian Law Firm, a South Carolina firm that represents victims of nursing home abuse and neglect. He sometimes encounters situations where the abuse went undetected for extended periods of time.
“Unfortunately, abuse cases go unreported for a long time in some cases, especially when victims can’t speak out for themselves and don’t get a lot of visitors,” Louthian said.
To help fight abuse, Louthian urged family members and friends to be vigilant on every visit, including those that occur around the holidays. “We know people visit more at Thanksgiving and Christmas than any other time of year, and these visits are a good opportunity to look for signs of abuse or neglect,” he said.
Louthian stressed that visits are important not just around the holidays but also throughout the year.
The National Center on Elder Abuse estimates that between 1 and 2 million Americans aged 65 or older have been subjected to some type of abuse or mistreatment by caregivers. It lists a variety of abusive behaviors that nursing home residents sometimes experience.
 These include:
   Physical abuse (improper use of force)
   Neglect (failure to provide proper care)
   Emotional or psychological abuse (rejection, belittling or isolation)
   Verbal abuse (threats, yelling or verbal attacks)
   Chemical restraint (unnecessary use of sedating drugs)
   Financial exploitation (theft through coercion or force)
   Sexual abuse (forced sexual behavior)
Red flags that indicate potential signs of abuse include:
   Slap marks
   Bedsores or pressure sores
   Cigarette burns
   Poor hygiene
   Filthy living environment
   Dehydration or malnutrition
   Depression, including withdrawal from normal activities or a lack of interest
   Unexpected changes in alertness or behavior
   Bruising or redness in the genital area
   Sexually transmitted diseases.

“If you see these signs of abuse, or if you have any reason to suspect that something is wrong, you should take action. It’s always better to be cautious and to ask questions if something seems amiss,” Louthian said.
Those who suspect elder abuse can report their concerns to Adult Protective Services, a division of the South Carolina Department of Social Services. Victims of elder abuse or their family members should also consider seeking assistance from a South Carolina nursing home abuse attorney, Louthian said


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November 21, 2012

West Seattle Brothers Accused of Leaving Father to Rot

Submitted by Rose Egge, KOMO Communities Reporter
November 16th, 2012

Two West Seattle men are facing felony elder abuse charges for allegedly allowing their father to waste away so that they wouldn’t have to spend their future inheritance.
According to charging documents, Kenneth and Keith Shaw, both in their 50s, lived rent-free in their parents’ Alki home for 2 years while neglecting their father of any basic care. The 86-year-old man lost 43 pounds during that time because he wasn’t given enough food, court documents report.
Paramedics were called to the Shaw’s Alki home on Nov. 12, 2010 because a relative claimed the father had not been eating or drinking for a week and was drifting in and out of consciousness. When an EMT arrived at the home, she told police she smelled urine and feces in the father’s bedroom and saw the man sitting on the toilet wearing only a t-shirt and socks.
The EMT reported that “the socks looked like they had grown into his feet,” according to charging documents. One of the sons stated that he’d been wearing the same socks for a year. Doctors later found his feet were rotting inside them and left a bloody trail when he walked.
As she moved the father out of the home, the EMT told police he was in extreme pain, screaming “get me out of here.”
Once at Swedish Hospital, doctors diagnosed the elderly man with dehydration, sepsis, acute renal failure, acute hyperglycemia and altered mental status. He was admitted to the ICU and doctors predicted he would have both feet amputated if he survived.
The man died two weeks later after being released to Life Care Center of West Seattle. After performing an autopsy on the man, the medical examiner’s office claimed the conditions leading to his death included muscle atrophy and weight loss, pneumonia and cardiovascular disease. The medical examiner could not say whether the man had died from natural causes or neglect and malnutrition.
According to charging documents, the brothers refused to put their father in a nursing home because they didn't want to clean out his savings and be left with nothing when he died.
Keith Shaw asked police “Why should we clean out the accounts….I don’t have any retirement and Ken’s never worked….If we spend all the money on nursing homes he’ll (Ken) end up homeless, living under the viaduct.”
When asked by a community nurse consultant why he did not respond to his father’s obvious pain, Ken said “Pain is the signal that the body is healing itself.”
Court documents report the brothers were also caring for their mother, who reportedly suffered from dementia, in the Alki home. The woman died from a heart attack in February 2011. Keith reportedly told a community nurse consultant that he only gave his mother a mug or two of fluids each day so that he would not have to change her incontinent garments more often, increasing her cost of care.
The brothers have both been charged with second-degree criminal mistreatment and have not been jailed.

SOURCE:     WestSeattleKomoNews
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Elder Abuse Laws and Destroying the Presumption of Joint Tenancy

By Bruce A. Katzen

Recently, I handled a very interesting FINRA arbitration dealing with exploitation of the elderly by a joint tenant – in this case, her granddaughter.
What made this case so interesting is that we were able to use the elder abuse statute to support our claim.  Traditionally, joint tenants both have the authority to withdraw funds from the account.  Because the granddaughter was a joint tenant, we had to overcome the presumption that she was entitled to take money from the account at her discretion
However, the evidence clearly showed that the granddaughter was added to the account because she was a broker’s assistant at the company that managed her grandmother’s assets and the family believed she would keep tabs on the money.  In fact the granddaughter was added to the account to help her elderly 95-year-old grandmother, not to help herself to all of grandma’s money.   But instead of helping, the granddaughter withdrew over $250,000 for her own personal use, including gym memberships and a luxury car.
Florida’s elder abuse statute is comprised by Fla. Stat. §§ 825.103 and 772.11, which provide remedies for the exploitation of the elderly.  Section 772.11 provides civil remedies for those who are victims of criminal activities against the elderly that are set forth in Section 825.103.  In our case, because the granddaughter was a joint tenant on the account, it was critical to demonstrate that the purpose of the account was to care for the grandmother, and later the mother, and that the granddaughter, the broker and the investment firm all knew the purpose of the account.  This allowed us to rebut the presumption that the granddaughter was entitled to withdraw significant sums of money from the account without authorization from the other joint tenant.  Consequently, the granddaughter, the broker and the firm were all found to have violated Florida law and were liable for the losses incurred by the family.

 SOURCE:      KlugerKaplan

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Three Rivers Care Taker Held on Suspicion of Abuse of 88-Year-Old Woman

Three Rivers care taker held on suspicion of abuse, assault charges
Nov 19, 2012
Written by Staff report

A Three Rivers woman police said was in charge of caring for an 88-year-old woman was taken into custody Sunday on suspicion of assaulting the elderly woman.
Judy Dovel, whose age wasn’t provided, arrested in suspicion of elder abuse, assault with a deadly weapon and causing great bodily injury. Her bail was set was $100,000.
According to the sheriff’s department, deputies responded to a home in the 42300 block of South Fork Drive for reports of elder abuse.

While investigating the report, deputies learned the woman was taken to a hospital, where she was treated for dislocated fingers and swelling to the brain.
Dovel was located, arrested and booked into the Bob Wiley Detention Facility.
The elderly woman’s name was withheld because she’s violent crime victim.
The incident was reported at 9:20 a.m. Sunday.

 SOURCE:    Visalia Times Delta

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Woman Surrenders in Elder Abuse Case

Erin Allday
November 20, 2012

The wife of a former Pinole police commander accused of defrauding an elderly Pleasanton woman has turned herself in to authorities, and as of Tuesday afternoon both husband and wife were free on bail.
Elizabeth Regalado, 30, was charged with conspiracy and posted a $20,000 bail on Friday. Her husband, Matthew Messier, 36, was arrested at the couple's home in Pleasanton last Thursday and charged with several crimes, including elder abuse and grand theft. He pleaded not guilty to the charges and posted a $322,500 bail.
Investigators say Messier used his position as a commander at the Pinole Police Department to gain control of the entire estate of his neighbor, Jean Phyllis Jones, who is 82 and has "diminished mental capacity," according to court records.
Messier resigned from the Pinole police force on Oct. 23.

SOURCE:      The SFGate

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November 20, 2012

Former Pinole Police Official Charged with Fraud

Former Pinole police official charged with fraud
The Associated Press
Nov. 17, 2012

A former Pinole police official and his wife are facing grand theft and elder abuse charges after authorities say they defrauded an 82-year-old Pleasanton woman by taking control of her finances.
Pleasanton police say on Friday they arrested Matthew Messier on suspicion of grand theft, elder abuse and other charges.
In announcing the arrests, police say the 36-year-old Messier, who lives in Pleasanton, used his position as a Pinole police commander to gain the trust of the woman.
The woman, who lived three doors away from Messier, suffered from what court records describe as a "diminished mental capacity" and an inability to make financial decisions.
Messier had worked for the Pinole Police Department until he resigned on Oct. 23. He was being held on $322,500 bail after pleading not guilty Friday.
A warrant has also been issued for his wife, 30-year-old Elizabeth Regalado.

 SOURCE:         The SacBee

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Time for Iowa to Pass Elder Abuse Law

Nov 18, 2012
Written by
Press-Citizen Editorial Board

Johnson County’s incoming and returning state lawmakers will be gathering at 2 p.m. today in the Coralville Public Library for a public forum sponsored by the Johnson County Task Force on Aging.
Sure to come up in the discussion are some of the priorities set by the nonprofit organization, Older Iowans Legislature, for the next legislative session. Those priorities include:
• Elder abuse law: It’s frustrating that, as a state with a rapidly growing senior and elderly population, Iowa doesn’t already have a law devoted to elder abuse. There is a more general dependent abuse law that deals with cases of physical or sexual abuse, financial exploitation and denial of care. But especially during tough economic times, it’s unfortunately not surprising to hear that financial exploitation of the elderly is a growing crime.
Elder abuse — often by family members themselves — continues to be a growing problem, with incidents more often than not going unreported.
It’s time for the Legislature to establish an Iowa Elder Abuse Law that, at a minimum, defines elders as protected class and provides protections against physical abuse, emotional or psychological abuse, sexual abuse, financial or material exploitation, abandonment, neglect and self neglect.
• Home and community-based services: Reimbursement rates for provides of services for medical assistance programs sometimes can lag behind inflation. It’s time for a bill to recalculate annually, at the start of each new fiscal year, the reimbursement for a provider of services under a medical assistance program home and community based services waiver for the elderly.
That will help keep provide a living and growing wage for the people helping to care for our aging population.
• Sex offenders and nursing homes: Last year, after a 95-year-old woman said she was assaulted by a fellow resident and convicted sex offender in a nursing home, Gov. Terry Branstad convened a task force that held closed-door meetings. A bill was proposed requiring notification when an offender moved into a facility. It didn’t pass.
This year the Legislature will have to discuss a bill that would require sex offenders and combative residents to be housed in appropriate settings capable of providing protective restraints, both chemical and physical, and provide the required supervision.
Other topics of discussion include:
• Requiring standardized benefits for long term care insurance policies.
• Ensuring that the state’s long-term care ombudsman has the independence necessary to serve as an effective watchdog of the long-term care industry.
• And discussing the consequences of last year’s redesign of the state’s mental health system from a county-based system to a region-based system.
All these issues, of course, are of particular importance in Iowa, which already ranks fifth in the nation in percentage of population age 65 and older and ranks second in percentage of population age 85 and older, and in Johnson County, which is seeing a steady increase in the number of recent retirees moving into the area.
And these issues are only going to grow more important as, over the next two decades, Iowa’s senior population is expected to make up close to one out of every four citizens. By 2030, one of out of every six Iowans will be older than 85. And by 2040, older Iowans could outnumber children and youth for the first time.

SOURCE:        The Press Citizen

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Caretaker Arrested in Three Rivers Elder Abuse

 Caretaker arrested in Three Rivers elder abuse
By Jacob Rayburn - The Fresno Bee
Nov. 18, 2012

An 88-year-old woman from Three Rivers was taken to a local hospital Sunday with injuries from abuse, the Tulare County Sheriff's Department said.
Deputies were called to a residence at 9:20 a.m. in the 42300 block of South Fork Drive about possible elder abuse. It was later determined at the hospital that the woman had several dislocated fingers and swelling to the brain.
The sheriff's department said the caretaker, a 66-year-old woman, has been arrested and booked into the Tulare County Bob Wiley Detention Facility.
Anyone with information about this case can contact the Tulare County Detective Bureau at (559) 733-6218, e-mail TCSO@tipnow.com or text @ (559) 725-4194.

 SOURCE:        The FresnoBee

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November 15, 2012

Domestic Violence Awareness and Elderly Abuse Prevention

By Tie Shank

Many people are sadly mistaken in to thinking domestic violence is a younger woman’s issue, but unfortunately, violence and abuse have no discriminating factors. Age is no protection against sexual or domestic abuse and perpetrators are often those you’d never expect: home health aides, nursing home staff or residents or one’s own family members. In 2010 the National Center for Victims Crime Publication found that in sexual abuse cases involving adults 60 years and older, only 15.5 Percent reported their abuse to the police.

Numerous things make older adults vulnerable to abuse: Their physical limitations, social isolation, mental impairments, fear of losing their independence, fear or lack of financial resources or housing, fear of retaliation, or shame and embarrassment are just a few.

Abusive behavior is not always sexual or physical, it can be anything used to maintain or gain power or control of a person. It can be psychological threats or actions that influence another person such as; intimidating behaviors, humiliation, terrorizing, blaming, frightening, or hurting them.
It’s important to take note of any changes in your friends or loved ones. Changes could be as simple as an unexplained bruise, a behavioral or attitude change, withdrawing from routine activities, isolating themselves from others, confining themselves to a certain room, a newly developed fear of speaking to their suspect or giving inconsistent explanations to injuries. If you suspect abuse, express your concern to your friend or loved one.
There is help available. If you are in immediate danger, call 9-1-1. If you are in need of emergency safety services, shelter or support, call the National Domestic Violence Hotline 1-800-799-SAFE (7233). Your health and safety is extremely important.

 SOURCE:     The RoundUpWeb


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Old, Infirm and at the Center of a Legal Struggle

November 13, 2012

TWO years ago when Arthur Cropsey’s wife died, it became clear to his family that Mr. Cropsey, now 91, could no longer live on his own in his California home. So his sister, Anna Mae Franklin, 83, of Colonie, N.Y., and her daughter, Linda Lyons, 61, flew out to get Mr. Cropsey and bring him back to New York State.
Looking After a Loved One's Affairs
Soon after came two frightening realizations, Ms. Franklin said. First, Mr. Cropsey was in much worse shape than she had imagined. He suffered from severe memory loss and mood swings. During much of the day he was disoriented and at night he would pace from room to room in her small trailer home.
Second, Ms. Franklin thought that Ms. Lyons, with the help of her boyfriend, David Watson, 43, a lawyer, had gained control of a good portion of Mr. Cropsey’s money, which totalled more than $2 million in cash and investments. It looked to Ms. Franklin as if the couple were spending Mr. Cropsey’s money on themselves.
She and her daughter fought bitterly and ended up in court, each side accusing the other of mishandling Mr. Cropsey’s affairs. Eventually the judge ruled against the daughter and her boyfriend.
“The court notes that the actions by Linda Lyons and David Watson are inappropriate, and demonstrate a distinct intent to take advantage of Mr. Cropsey,” Acting Justice Kimberly A. O’Connor wrote for the state Supreme Court, adding that the pair had treated his money as their own and “spent it in excessive ways that were often for their benefit.”
Sadly, such family conflicts commonly arise from caring for the elderly and often end up in court. In this case, the daughter still disputes the court’s ruling and much of her mother’s version of events. Mr. Watson declined to comment, and the couple’s lawyer did not respond to messages seeking comment.
In general, financial manipulation is one of the fastest-growing areas of elder abuse, said Bob Blancato, national coordinator of the Elder Justice Coalition. It includes things like telephone investment swindles and caregivers, including family members, stealing money from vulnerable seniors.
The annual loss by elder financial abuse victims is close to $3 billion, according to a 2010 survey by the MetLife Mature Market Institute, a 12 percent increase from 2008. Thirty-four percent of that abuse is attributed to family, friends, neighbors and paid caregivers, according to the survey.
Those numbers don’t begin to reflect the actual incidence of abuse, said Sandra Timmermann, executive director of the institute. For every case that is reported, an estimated four or five are not, she said.
In Mr. Cropsey’s case, the court, having found him mentally incapacitated, decided to appoint an independent trustee as guardian of his finances, while keeping Ms. Franklin in charge of his care. Ms. Lyons and Mr. Watson returned close to $42,000 of Mr. Cropsey’s money, the ruling noted. He moved into an assisted-living facility.
As a story of family disunity amid the challenges of elder care, the case offers little uplift. The judge’s ruling, issued in October 2011, found that Mr. Watson had Mr. Cropsey sign documents to give Ms. Lyons power of attorney; Ms. Franklin previously had that power. And Mr. Watson had Mr. Cropsey sign a will leaving his entire estate to Ms. Lyons, according to the ruling. Mr. Cropsey did not have a will at the time, so under New York State law much of his estate would have gone to Ms. Franklin.
Justice O’Connor referred to that action as “egregious” given that Mr. Cropsey’s mental capacity was questionable and, referring to Mr. Watson, said that “the canons of ethics by which a lawyer must abide and conduct himself or herself require examination in this instance.”
Ms. Lyons declined to comment on Mr. Cropsey’s will, but did offer an account of her and Mr. Watson’s spending that differed from her mother’s.


 SOURCE:       The New York Times

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November 12, 2012

Elite Nursing Home Probed (AUSTRALIA)

 Elite nursing home probed
November 11, 2012
Rachel Browne
Sun-Herald journalist

ONE of the country's most prestigious nursing homes, Sydney's Lulworth House, is under investigation over serious allegations of neglect.
Elite residents of the nursing home include former prime minister Gough Whitlam, former NSW premier Neville Wran, former University of Sydney chancellor Dame Leonie Kramer and entertainer Jeanne Little.
The federal Department of Health and Ageing has confirmed that the Aged Care Complaints Scheme is investigating concerns raised by three parties whose relatives died between June and August. A separate complaint has also been made to the NSW Health Care Complaints Commission.
The complaints relate to the deaths of three elderly residents, whose relatives say they chose the Elizabeth Bay facility because of its excellent reputation, with its marketing material claiming high levels of comfort and luxury.
It is one of the most expensive aged care facilities in the country, with residents paying up to $220 a day.
All three complainants, who do not wish to be identified, have also raised questions about staff numbers at Lulworth, noting that in the afternoons there are very few assistants in nursing available to help feed and toilet approximately 154 residents. They have also taken issue with lack of staff supervision by registered nurses on duty.
Mark Compton, the chief executive officer of St Luke's Care which owns the home, denied that residents were malnourished and said staff to resident ratios fulfilled care needs.

 SOURCE:       The Age

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Attorney General Cracks Down on Nursing Home Abuse (CA. USA)

California Attorney General Vows to Ramp Up Elder Abuse Investigations

California nursing home abuse lawyer weighs in on Attorney General Kamala Harris' announcement that her office will vigorously pursue criminal charges against those suspected of elder abuse. According to a Nov. 3 news report in The Sacramento Bee, Harris has promised to particularly pursue nursing home abuse and neglect cases.
Attorney General cracks down on nursing home abuse
 Harris' bold move is commendable and could put nursing homes on notice.
Newport Beach, CA
November 10, 2012

Representatives of California Attorney General Kamala Harris are saying that they will begin aggressively building more criminal cases involving elder abuse, particularly nursing home neglect and abuse cases, statewide. According to a Nov. 3 article in The Sacramento Bee, the Attorney General's office is forming three specialized teams – one in Sacramento and two in Southern California – to pursue criminal charges against nursing home administrators and employees "where deep, systemic problems are suspected."
Harris tells the Bee that elder abuse is a tragic crime because it targets the most vulnerable section of our population – seniors. She tells the newspaper that these types of crimes are pervasive, but often under reported, which is why "we must become more resolute in our protection of them." According to the report, in California and the rest of the country, criminal prosecutions of nursing homes or nursing home employees is rare and allegations of abuse or neglect are usually handled in the civil courts. The report states that elder abuse complaints filed by the California Attorney General dropped from 112 in 2002 to 60 in 2011.
Harris' bold move is commendable and could put nursing homes on notice, said John Bisnar, founder of the Bisnar | Chase personal injury law firm. "However, criminal prosecution of nursing homes can be challenging. Although the burden of proof in civil cases is on the plaintiff, the standard is lower. In criminal cases, the prosecution must prove beyond a reasonable doubt that the nursing home or staff intended to harm the victim."
In addition, the victim or victim's family may not be fully compensated monetarily for their significant losses, Bisnar said. "In my experience, a number of these large corporations that run nursing homes understaff their facilities to bulk up profits. They put money ahead of frail, elderly residents who depend on them. The best way to make them pay is by hitting them where it hurts the most – their pocketbook."


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November 10, 2012

Seniors Often Targeted for Cash in Telemarketing Scams (ON. CANADA)

November 9, 2012

As Crime Prevention Week continues, the Greater Sudbury Police Service has tips on how to prevent fraud against seniors, an oft-targeted group.
Seniors are often targeted for fraud, whether it's for unbelievable investment returns or sweepstake prizes. Fraud on seniors can happen by phone, mail, in person or online. Phone fraud -- what to look out for:
* You have been identified as the grand prize winner, but if the prize is not accepted immediately (and the handling charge paid) the runner-up will get the prize instead.
* The telemarketer screams and hollers about how excited he is that you've won.
* The telemarketer passes the phone to his "boss," so you will know the offer is "legitimate."
* The telemarketer explains that he won't receive a commission unless you accept the prize and pay the handling fee. If you don't have enough money to pay the fee, you are asked how much you can afford. That amount is then accepted because the telemarketer is so happy that you've won the prize.
What to do:
* Never give out personal information to anyone over the phone.
Comeback: "I don't give out personal information over the phone. I'll contact the company directly."
* Do not send money to cover the "handling charge" or to pay taxes.
Comeback: "I shouldn't have to pay for something that's free."
* "Limited time offers" shouldn't require you to make a decision on the spot.
* Comeback: "I'll think about it and call you back. What's your number?"
* Be suspicious of anyone who tells you not to discuss the offer with someone else.
Comeback: "I'll discuss it with my family and friends and get back to you."
* If you don't understand all the verbal details, ask for it in writing.
Comeback: "I can't make a decision until I receive written information."

SOURCE:        TheSudburyStar

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Nurse Sex Video Prompts Elder Abuse Suit (San Diego)

Nurse sex video prompts elder abuse suit
November 06, 2012
 Pauline Repard


Two male registered nurses in San Diego are under investigation after graphic videos showed them apparently engaging in sex acts with a 98-year-old bedridden stroke patient and each other, state officials said Tuesday.
“It appears to show very egregious behavior,” said Russ Heimerich, spokesman for the state Department of Consumer Affairs, which launched an investigation last year. “I don’t know if we’ve ever had a case that has a video like this. We are working to shut them down.”
The District Attorney’s Office is considering criminal charges against Russel O. Torralba and Alfredo V. Ruiz, and their nursing licenses have been suspended pending an administrative hearing next week, authorities said.
In one of several videos, two men in blue nurses’ scrubs can be seen in the female patient’s bedroom fondling each other while one touches her hand. One man then appears to fondle himself over her hand as he leans over and kisses her face.
The patient had paid caregivers for years, but after suffering a stroke and right-side paralysis in 2005, she hired skilled nurses at her home, said attorney William M. Berman, who has been hired by the woman’s family.
Berman said the woman’s daughter went through AMS Home Care Solutions in February 2011 to hire two 12-hour shift registered nurses at a rate of $1,300 a day. The daughter began to suspect that her mother was not being cared for properly, but complaints to the company went nowhere, Berman said.
About two weeks later, family members viewed video from security cameras that had been installed in the woman’s home years earlier, Berman said.
“What they saw was horrific,” said Berman, who specializes in elder abuse lawsuits. “These acts are unfathomable.”
He said videos show the men sexually gratifying one another and touching the woman, even putting her hand inside the pants of one of the men.
The daughter hired Berman to sue AMS, Ruiz and Torralba for alleged fraud, elder abuse and negligent supervision. The suit was filed in June in San Diego Superior Court and is set for trial Jan. 14, Berman said.
“It’s not about the money, it’s about dignity and accountability, to ensure this doesn’t happen to anyone else,” Berman said.
The woman, who is now 99 years old, is aware of herself and her surroundings but is unable to call out for help, Berman said.
Attorneys for AMS, Ruiz and Torralba could not be reached by phone Tuesday afternoon.
The family filed a complaint with state Consumer Affairs in April 2011. The agency sent the case to county prosecutors in July of this year, and it is still under review, district attorney spokesman Steve Walker said Tuesday.
State spokesman Heimerich said an administrative law judge ordered an interim suspension of Ruiz’s and Torralba’s nursing licenses on Oct. 24. Under terms of the suspension, they may still work as nurses in a hospital setting, but not together, and not in private homes or facilities.
A hearing on permanent suspension of their licenses is set for Nov. 14, Heimerich said.

SOURCE:       The NC Times

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Care Home Boss Says Case 'Sends Message' UK

November 09, 2012
Plymouth Herald

THE BOSS of the nursing home where a carer stole more than £3,000 from an elderly resident has welcomed her suspended prison sentence.
Tina Cox, aged 47, took the bank card from the 90-year-old woman and used it repeatedly to withdraw hundreds of pounds.
Cox, of Cockington Crescent, Leigham, admitted theft of £3,600 at the Lelant Nursing Home in Mannamead between April and July.
Plymouth magistrates gave her a four-month jail term suspended for 12 months and ordered her to do 200 hours unpaid work. She must pay back all the money she stole.
Ian Taylor, managing director of the Pilling Care Group, which owns the home, said after the case that she had been dismissed as soon as her crimes were discovered.
He added: "This sends a very clear message out that this behaviour will not be tolerated by us or indeed any care home.
"We have got strict security procedures in place and we have tightened them further. This is a very sad case.
"This is the first time we have had anything like this in any of our homes and we hope it will be the last."
Mr Taylor said the lady had been repeatedly advised to lock her bank card in the safe.
He added: "She can become a bit confused at times, but she has not been affected by this at all."
The court heard Cox used the card to withdraw hundreds of pounds on a dozen occasions. It was three months before the thefts were noticed. Police identified her from CCTV footage at a cash machine.

 SOURCE:        ThisIsPlymouth, UK

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November 5, 2012

Woman Stole from Elderly Father (NEW ZEALAND)


A frail, elderly man spent two days in the witness box - a defibrillator sitting close by on a court bench - giving evidence against his trusted daughter who cleaned out his bank account.
His bills unpaid, 75-year-old Ron Warren was forced to leave his retirement apartment in New Plymouth where he thought he would spend his last days.
Elder abuse support groups and police said yesterday such prosecutions are rarely seen in the courts.
But they are believed to be just the tip of the iceberg of similar offending perpetrated by children taking advantage of their vulnerable elderly parents.

Aged parents are often reluctant to report their children to police.
After a day-and-a-half of evidence in a defended hearing in New Plymouth District Court, Mr Warren's daughter Michelle Tracey Murphy, 41, yesterday pleaded guilty to eight representative charges.
She admitted helping herself to $20,000 from her father's bank account over an eight-month period.
At the request of police prosecutor Sergeant Lewis Sutton, Judge Max Courtney withdrew another 120 charges - totalling $40,000.
The court was told Murphy's father had given his daughter his cashflow card so she could pay his bills after his home was sold and he shifted into a leased retirement apartment with his aged cat.
There was now nothing left apart from his superannuation.
He is now living in a single room in another rest home and has so far been unable to sell the lease on the retirement apartment.
Defence lawyer Patrick Mooney said father and daughter embraced outside the courtroom before sentencing and the healing process had now begun.
He was hopeful the two could now attend a restorative justice process where they could each express their views.
In sentencing, Judge Courtney told Murphy her offending was particularly grave, given the breach of trust and effect on her father, who was very upset his daughter, in whom he had so much faith and trust, had behaved this way.
"You have completely and utterly abrogated any trust. It is a pity your father had to go through the process of giving evidence," Judge Courtney said.
Downstream effects would be quite significant for her father, the judge told Murphy.
Any penalty was required to hold her accountable, promote in her a sense of responsibility, denounce what she had done and deter others from doing the same.
The start point was one of prison. However she had few previous relevant convictions apart from shoplifting in 2009.
In sentencing her to 300 hours community work, the judge said he would make no order for reparation because Murphy, who was on a sickness benefit, had no ability to pay.
But he suggested she could in some way assist her father in future thereby repaying him in some way.
Outside court, Detective Brendan Ngata, of New Plymouth CIB, said such cases of elder abuse rarely came before the courts. Aged parents did not want to prosecute their children in whom they put their love and trust.
"But they are as vulnerable as children."
In Mr Warren's case, he had only discovered his daughter was stealing from him when his rest home fees were not being paid.
"By the time we spoke to him he was $8000 in arrears."
He had initially been supported by a Te Hauora Pou Heretaunga elder protection service advocate. They accompanied him to the bank where he discovered his account had been cleaned out.
Murphy had said she would pay the money back but she did not and as a last resort he had gone to police.
His second daughter had Downs syndrome and he was concerned there would now be nothing left for her support when he was gone.

- © Fairfax NZ News

SOURCE:        The Stuff.co.nz

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Nurse Pleads No Contest to Elder Abuse (CA. USA)

 Nurse pleads no contest to elder abuse
The Associated Press


A California nurse has pleaded no contest to felony patient abuse and agreed to help in the prosecution of her nursing home supervisor.
Prosecutors say 39-year-old Rebecca LeAn Smith negotiated the plea on Thursday over her role leading up to the 2008 death of 77-year-old Johnnie Esco, who had been a patient at Placerville's El Dorado Care Center.
The Alzheimer's patient, who was supposed to be constantly monitored, died of fecal impaction in 2008 after 13 days at the nursing home.
The Sacramento Bee ( http://sacb.ee/TXA7u6) says Smith and 58-year-old Donna Darlene Palmer were charged with elder abuse. They also face a special allegation of inflicting great bodily injury, which adds five years to a prison sentence.
Palmer still faces trial. Her lawyer says there's no evidence of a crime.

 SOURCE:       The Mercury News

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 Woman charged with elderly abuse of mother
October 30, 2012

A Southern California woman facing trial for animal cruelty is now charged with elder abuse for leaving her ailing 86-year-old mother outside on a chaise lounge for days.
Investigators say the elderly woman was soaked in urine, covered with feces and had bleeding bedsores when she was brought to an Orange County hospital last month.
The Riverside Press-Enterprise (http://bit.ly/QSiNs4 ) says the woman's daughter, 47-year-old Janice Susan Deutsch, will be arraigned on Nov. 29 for causing great bodily injury on an elderly person, a felony.
Jail records show the Riverside County rancher was released on $250,000 bond. There is no attorney of record.
Deutsch was charged with felony animal cruelty last year after skinny horses were seized from her 5-acre property near Murrieta. That charge was later reduced to a misdemeanor.

 SOURCE:      The SFGate

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Any Charges Reported on this blog are Merely Accusations and the Defendants are Presumed Innocent Unless and Until Proven Guilty.

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