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

August 14, 2013

Man Allegedly Left Wife in Squalid Conditions (Independence, USA)


Independence man allegedly left wife in squalid conditions
By Chris Oberholtz, Multimedia Producer
Aug 13, 2013
KANSAS CITY, MO (KCTV)

An Independence man has been charged in connection with the neglect of his 73-year-old wife, allowing her to remain in a recliner for several days in filthy conditions.
Gary R. Raps, 58, faces second-degree elder abuse, a Class B felony under Missouri law.
According to court records, Independence police were dispatched Sunday to Centerpoint Hospital regarding a patient who appeared to be neglected.
Raps police that she had been ill and in the recliner for several days.
Warning: The following details may be disturbing to some.
His elderly wife weighed approximately 70 pounds according to medical staff, court records state. She also had severe bedsores on her buttocks and legs. He hair was matted and was diagnosed with having a yeast infection underneath her right breast.
Copyright 2013 KCTV (Meredith Corp.)

Abridged
SOURCE:  





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August 12, 2013

Close to Home: Financial Hazards for Older People in Family Accommodation (WA. AUSTRALIA)



By Eileen Webb
Professor, Faculty of Law at University of Western Australia


11 August, 2013
Last year, having recently lost her life partner, 78-year old Miriam* was advised by her children that the family home was now “too big” for her to live in. She sold her property and moved into the home of an adult child, Sophie, using the proceeds of the sale to discharge Sophie’s mortgage and agreeing to contribute to household expenses.
Miriam believed this contribution would compensate Sophie for her accommodation and aged care expenses. Recently, there was a falling out between Miriam and Sophie’s partner, and Miriam was asked to leave.
Family accommodation arrangements, where older family members live on or in the same property as younger members, are increasingly popular in Australia. Although there are many possible variations in the structure of these arrangements, it typically sees an older person’s family receiving a financial benefit in exchange for a promise to provide accommodation for, and in some cases care of, the older person.
At first glance, the arrangement seems ideal: an older person ages in a supportive family environment. Any financial input made by the older person is seen as a contribution to the family in consideration of their assistance. But what happens when this arrangement breaks down?
Unfortunately, the legal framework regulating family accommodation arrangements is precarious. Despite the prevalence of “assets for care” arrangements, and the recognition of the potential for exploitation of the older person, the law is difficult to understand and, from a practical perspective, largely ineffectual. Most of these arrangements are informal and only come to light when something goes wrong.
Even assuming the older person has the financial and emotional fortitude to take a legal route, a dispute regarding a family accommodation arrangement can give rise to a confusing mix of legal issues including contract, real property and local government laws as well as equity, trusts and family law. There may also be Centrelink and taxation consequences.
So, what are the key issues here? In most cases there is no “contract” – nothing is written down and family members can have differing recollections as to what the “terms” of the arrangement were.
In court, the older person may also face the difficult task of proving undue influence or unconscionable dealing has occurred. There is no presumption of undue influence in relation to transfers from a parent to child and old age is not, in itself, a special disadvantage in establishing unconscionable conduct.
Additionally, the older person’s name is often not placed on the title to the property. It is therefore up to a court to decide whether the older person holds an interest in the property.
Depending on the nature of the transaction, a court will need to consider perplexing legal creatures such as resulting or constructive trusts (which can be imposed by a court regardless of the intention of the parties), equitable liens (a right to secure the performance of an outstanding obligation) or estoppel (that a claim cannot be made if it contravenes a prior claim of the same party). Unfortunately, decisions indicate some inconsistency of approach even on similar cases.


Abridged
SOURCE:         The Conversation.com
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Luzerne Caregiver Accused of Taking At Least $258K From Elderly Woman (USA)


Luzerne caregiver accused of taking at least $258K from elderly woman
- STAFF REPORT)
August 10, 2013

A Luzerne woman is facing theft charges after prosecutors say she stole more than a quarter-million dollars from an elderly woman for whom she was supposed to be caring.
Sharon Mae Jacobosky, 70, is charged with three counts of theft by failure to make required disposition of funds received.

According to the Luzerne County District Attorney's Office, Dallas Borough police began investigating Jacobosky after getting a complaint that she was taking money for her own benefit. At the time, Jacobosky was the caregiver and had power of attorney for Clementine Moseman, according to prosecutors.

The Institute on Protective Services at Temple University conducted a forensic audit on accounts owned by Moseman and her daughter, Pamela Wehrenberg, prosecutors said.
The audit revealed Jacobosky had taken $258,538 between Jan. 1, 2009, and Nov. 4, 2011, according to prosecutors.

"An overwhelming number of cases of elder abuse, neglect and financial exploitation go undetected each year," District Attorney Stefanie Salavantis said in a statement. "Unfortunately, some of these vulnerable adults are abused by family members, service providers and caregivers."
Salavantis urged anyone who suspects elder abuse to call the Luzerne/Wyoming Counties Area Agency on Aging at 800-252-1512 or her office at 570-825-1674.
Magisterial District Judge James Tupper arraigned Jacobosky on Friday and set her bail at $5,000. She was booked at the Luzerne County Correctional Facility with a preliminary hearing set for 9:30 a.m. Aug. 22.


SOURCE:    The Citizen's Voice
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Nursing Home Report Card Lists States That Fail to Protect Elderly (USA)


August 10 2013

 A new report shows that some states are failing to protect the elderly from neglect or abuse. (CBS News)    (VIDEO)


SOURCE:       The Washington Post
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Oxnard Plumber Arrested on Charges of Elder Abuse (CA. USA)


By Giana Magnoli, Noozhawk Staff Writer
 08.08.2013

Authorities believe there could be more victims of an Oxnard plumber who allegedly worked without a contractor’s license and targeted the elderly.
Oxnard police arrested Albert Solano, 46, in late July on charges of elder abuse after a months-long investigation by the Santa Barbara County Sheriff’s Department, theSanta Barbara County District Attorney’s Office and theContractors State License Board, according to Sheriff’s Department spokeswoman Kelly Hoover.

Detectives started investigating in March, after incidents with a 68-year-old Santa Barbara resident and a couple in their 70s, Hoover said.
Solano had a pattern of not giving an estimate, overcharging for the job and threatening to place a lien on the property if the customer didn't pay, Hoover said. He also allegedly left projects unfinished and didn’t have a valid contractor’s license.
In his work as a plumber, Solano would use the name of businesses that weren’t his, according to Hoover.

Solano was arrested July 26, and the Sheriff’s Department is looking for any additional victims. Anyone with additional information can contact the Criminal Investigations Bureau at 805.681.4150.
He was associated with Dr. Drain, Dr. Drain Sewer Repair, Dr. Drain Plumbing and Sewer Cleaning, American One Plumbing, Day and Night Rooter Man, Rooter Dr. Inc. and AR Construction.


SOURCE:        NOOZHAWK
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Complaints of Elder Abuse Rose 7% Last Year (IRELAND)


25 July 2013

Almost 2,500 complaints of elder abuse were made to the health services last year, up 7% since 2011, according to the Health Service Executive.
Excluding referrals of self-neglect, there were 1,923 referrals to the HSE last year.
Psychological abuse was the most common type of abuse reported at 36%, followed by financial abuse at 25%, neglect at 19% and physical abuse at 13%.
Two thirds of the alleged victims were female and there was a higher referral rate among the over 80 years age group compared to those aged between 65 and 79.

HSE helpline - 1850-24-1850.

Most alleged abuse was perpetrated by a family member.
Commenting on the report, Minister of State with responsibility for Older People Kathleen Lynch said: "It's disturbing that a small number of older people should suffer abuse in this country.
“However, there are services available for those people and it is encouraging that a greater number of older people are coming forward each year to voice their concerns.
“I would urge anyone who is concerned about abuse to seek help and support from the HSE which has a dedicated service in place for older people experiencing abuse.
“I would like to acknowledge our partners in the community, voluntary and business sectors who are continuing to work closely with the HSE to respond to elder abuse and who are committed to meeting the challenges ahead."
Specialist in Older Person Services at the HSE, Pascal Moynihan, has said that criminal charges do arise out of complaints of physical and sexual abuse of elderly people.
However, speaking on RTÉ's News At One, Mr Moynihan said that very often situations can be resolved through counselling.

He said in some situations, perpetrators do not even recognise their behaviour as abusive.
In situations where family members are the abuser, elderly people can be conflicted about upsetting family relationships, he said.


SOURCE:    RTE
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July 28, 2013

Elder Woman Found Dead in Home; Son Charged With Neglect


Elderly woman found dead in home; son charged with neglect

By: Kristin Wright, FOX 13 News
Jul 25, 2013

Tampa police are investigating a suspected case of elder abuse. The body of 82-year-old Louise Holmes was found in her home on North 38th Street Tuesday. Police say she was living in deplorable conditions.
"Once officers went into the home, they discovered rats, roaches, the roof was falling in, pieces of the roof were on the floor, there was no water, no electricity," said Tampa Police Spokesperson Andrea Davis.
Holmes' only child James Holmes is charged with neglecting his mother. Investigators say they don't believe his story that he checked on her every day. They are looking into what he did with the money she received every month.
Louise Holmes' nephew Bobby Hall says he called police and an elderly abuse hotline in 2011. Davis confirms that Tampa Police officers visited the house three times that year, as back up for special welfare investigators.
The Florida Department of Children and Families confirms they visited the house with TPD in 2011. DCF concluded that Holmes had the capacity to make decisions for herself and the agency says she refused help.
Hall believes officials should've done more.
"I called not only the police, but I called the elderly abuse line and they came out -- the police and the people came out -- and they knocked on the door several times and she finally came to the door. And they talked with her, but then they did not do anything," Hall said.
This is the third case of severe elderly neglect in the Bay area in less than a month. DCF says they investigate about 200 reports of elderly abuse in Hillsborough County alone each month.
"I think a lot of times, the person has the best intentions, but they just get overwhelmed by the situation," DCF spokesperson Terri Durdaller said Wednesday.
DCF says neighbors can help curb the number of these horrendous crimes. They encourage people to take note of their neighbors, and leave a confidential tip with DCF if they suspect something is wrong inside the home.
"We need to community to be our eyes and ears," Durdaller said.
James Holmes could face additional charges, pending the results of his mother's autopsy


SOURCE:       My Fox Tampa Bay
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Complaints of Elder Abuse Rises by 7% According to New HSE Report (IRELAND)


By Colin Brennan 
25 Jul 2013

The number of complaints of elder abuse to the health services rose 7% to 2,500 last year, according to the HSE.
The most common type of abuse was psychological at 36%, followed by financial abuse at 25%, neglect at 19% and physical abuse at 13%.
Two thirds of the alleged victims were female and there was a higher referral rate among the over 80 years age group in comparison to those aged between 65 and 79.
Most allegations of abuse were carried out by a family member.
Minister of State with responsibility for Older People Kathleen Lynch said: "It's disturbing that a small number of older people should suffer abuse in this country.
“However, there are services available for those people and it is encouraging that a greater number of older people are coming forward each year to voice their concerns.
“I would urge anyone who is concerned about abuse to seek help and support from the HSE which has a dedicated service in place for older people experiencing abuse.
“I would like to acknowledge our partners in the community, voluntary and business sectors who are continuing to work closely with the HSE to respond to elder abuse and who are committed to meeting the challenges ahead."


SOURCE:       The Irish Mirror
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Most Perpetrators of Elder Abuse Are Sons and Daughters


Two-thirds of victims are female, while there is a higher abuse rate among the over 80s.
THE HSE RECEIVED 2,460 complaints of elder abuse last year, an increase of seven per cent from 2011.
When self-neglect referrals were excluded, there were 1,923 referrals to the HSE and psychological abuse was the most common type at 36 per cent. This was followed by financial abuse at 25 per cent, neglect at 19 per cent and physical abuse at 13 per cent.
Two-thirds of victims were women and there was a higher referral rate among the over 80 years age group compared to 65 to 79-year-olds.
Most perpetrators of abuse are relatives and there was an increase in cases of abusive sons or daughters (46 per cent), while partners or spouses were implicated in 17 per cent of referrals and ‘other’ relatives in 20 per cent of cases.
The public health nursing service is the main source of referrals, with HSE staff and family being the other major sources.
Minister of State Kathleen Lynch with responsibility for Disability, Older People and Equality said the findings of the report are “disturbing”:

There are services available and it is encouraging that a greater number of older people are coming forward each year to voice their concerns. I would urge anyone who is concerned about abuse to seek help.
All referrals of alleged elder abuse are treated in confidence. Anyone who is being abused, or is concerned about abuse, should talk to someone they trust or they can contact the HSE information line on 1850 24 1850.


SOURCE:        The Journal, Ireland
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July 17, 2013

Mistreated Nursing Home Residents 'Better Off in a Concentration Camp' (Australia)


Lateline
By Margot O'Neill, staff
July 16, 2013
Traumatised relatives have raised shocking claims that their loved ones were left to die unnecessarily or in great pain because of a critical lack of staff and training in nursing homes.
The ABC's Lateline program has spoken to many people about their loved ones' experiences in nursing homes across Australia.
Their complaints include relatives being left in faeces and urine, rough treatment, poor nutrition, inadequate pain relief, verbal abuse, and untreated broken bones and infections.
And one woman has told the ABC that her grandmother, who survived Nazi concentration camps, believes her experiences in aged care are worse than her wartime ordeal.
Relative details litany of abuse, neglect by untrained staff
Jane Green's mother Margaret McEvoy, a former nurse and foster carer, died last year after spending time in a Victorian nursing home.
Ms Green says over-worked and under-trained staff were not giving medication properly and were leaving Ms McEvoy to wet herself because no-one was available to take her to the toilet.
Ms Green says her mother also complained of being constantly hungry, and suffering abuse by staff members.
"The staff member called her a spoilt brat and a princess and [said] that she always wanted to get her own way," Ms Green told Lateline.
"She became very shut down ... it was like seeing someone who had the stuffing knocked out of them.
"When I would leave on Friday nights, she would look at me and just say to me 'I'm all right', and I knew she was just trying to be brave."
Ms Green says her mother was in great pain, but staff believed she was simply attention-seeking.
"I witnessed mum screaming in front of them and they still did not see that as being pain," she told Lateline.
For five days, staff tried to make Ms McEvoy walk. In fact, she had an undiagnosed broken thigh bone, a raging infection, and severe dehydration.
Ms Green, who is also a nurse, had to fight to get her mother taken to hospital, where she was immediately put into palliative care. She died six weeks later.
Other families back up abuse claims at the same nursing home
Ms Green has since spoken to a former staff member and other families with relatives in the same nursing home.
They told her other elderly residents were also abused.
One incapacitated man had urine-soaked sheets thrown at him, while a woman was left crying out with abdominal pain. She later died with a gangrenous gall bladder.
Senator Jacinta Collins, Minister for Mental Health and Ageing, says the stories of mistreatment are very concerning.
"Concerns about shortages and workforce issues are very important matters as well," she told Lateline.
"They informed the Government's recent response, the legislation that went through to the Senate in the last sitting week, for living longer, living better, because we know we need to increase the training, we know we need to establish a more stable workforce in aged care, and we know that there are limited numbers of specialists.
"This is why the Labor government has a 10-year plan to improve the supply of services to meet the future demand. We've had shortages in aged care in Australia for way too long."

The shocking stories from the Victorian nursing home are not uncommon.
Mardi Walker's 91-year-old grandmother Paula Javurek was in a New South Wales nursing home that was supposed to deliver high care.
The nurse and health care lecturer was horrified when she found her grandmother with exposed raw ear cartilage due to lack of turning, and one of her arms immobilised after staff botched injections.
"They would just keep injecting into the same spot and she would scream. My mother said it was horrific, because she would scream," Ms Walker said.
Ms Javurek had survived Nazi concentration camps, and was tortured and raped after being captured during the war.
Her family told the nursing home only female staff should wash her because of residual trauma from wartime assaults.
But the family has since counted 70 times when male carers washed Ms Javurek, who tried to fight them off.
"I think she felt like she was almost probably back in wartime again. My mother often used to say... she would be better off being in a concentration camp than where she is," Ms Walker said.

After finding their grandmother shivering from cold and suffering undiagnosed pneumonia, Ms Javurek's family took her home. A week later, in February this year, she died.
Relative threatened with defamation for blowing the whistle
Most of the nursing homes concerned were fully accredited by the Federal Government.
Families say they saw little change after going through the Federal Aged Care Complaints Scheme. In fact, many say they experienced bullying and retribution by the nursing home when they did complain.
Ms Green was threatened with defamation for complaining about her mother's treatment to the Health Practitioner's Authority.
"It was frightening, you know, you have images of being sued," Ms Green said.
"It's stressful to persist and keep going but if I don't everything that happened to my mum will be dead and buried."
Aged care lecturer Maree Bernoth has been listening to families' stories for more than a decade.
"The stories are more heartbreaking and more incredible," she said.
"It's very difficult to listen to these stories and to not be angry and to not feel impotent because you can't do anything about it.
"Why is it that experiences of families who are telling us about older people dying in pain, older people dying malnourished and dehydrated, does not get the same response from the Australian public as cattle being shipped overseas?"

Abridged
SOURCE:      The ABC, AUSTRALIA

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DISCLAIMER

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

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