Elder Abuse by Family Members and the State? (USA)

By Andrew C

Family members are often the abusers of the elderly and vulnerable. However, these cases are not well publicized or taken seriously.

There are many reasons:

1. Difficulty in getting the victim to testifiy; (lack of capacity or just his/her reluctance to “upset” the family member/abuser.
2. Shame. Victims are often reluctant to report abuse because the mere thought of the shame that such a report would generate.
3. Reluctance on the part of authorities to investigate, as such cases are often treated as “family matters or family dynamics”.
4. Reporters of such cases (probably, another family member or a concerned friend of the victim) are often treated with suspicion.
5. Further “abuse” by the system that was supposed to be protecting the elderly.

Let me just elaborate on points 4 and 5.

Reporters of Elder Abuse

“What is your hidden agenda?”

Yes, believe it or not, this is often said about reporters of EA. This has been the experience of the webmaster of the Frank Punito Case . Some visitors to this site, have emailed me about their own experiences on this issue.

Imagine the emotional upset of such accusations, plus the stress of trying to get help for the victim(s).

It is no wonder, many prefer to look the other way, when it comes to elder abuse cases.

The Legal System

It is not too much to expect the legal system of a country to protect the rights of the vulnerable elderly who had been abused.

Who should pay for the legal costs of “untangling” elder abuses by family members.

The abusers?

Often, it is the victim who has to pay for legal services.

What kind of society are we in nowadays?

We worked hard and have accumulated assets, so that we can be financially independent and not be a “burden” to society.

Peace of mind in old age? Not likely, especially, if you have been abused and the case has to go to court.

Legal costs, guardian and lawyer’s fees would make sure that you would be a bankrupt before they leave you in “peace”; or, would it be “pieces”.

Here is a desperate plea for help: (Just received, via email)

In March 2007, two brothers and a sister took our mother to an attorney To have her medical Power of Attorney revoked. She was declared of "sound Of mind and disposing memory", they took over her bank account, took her car and began emptying her home of clothing and personal effects. I was not aware of any of this until I arrived to pick her up and take her to her doctor’s appointment. While at my home police officers came to take her away. After speaking to her the decided against it. We went to the doctor where she was unable to pay her $15 co-pay. That's when we found out about the bank accounts. The next day police came again with the same result.

For the next week my mother, my older brother and I stayed on the road, going to the court house to get records of what was filed and attempting to get mom an attorney and get her back in court to free her from an Emergency Guardianship that declared her incompetent. These documents were drawn Up 5 days after she was declared "sound of mind and disposing memory". We got the emergency overturned and got mom back into her house and spent the next 15 months in court fighting for her right to stay there.

Now, we can't seem to get anyone to Prosecute. We have all the Records the history of events the evidence of the money stolen and the property removed. Do you have any suggestions on what we can do to get this prosecuted? The three siblings used moms money to fund the argument against her during the 15 months. The judge decided mom should pay all remaining legal fees and court costs because the siblings had filed bankruptcy. This just seems to be the crime that keeps on giving. All she wants is to live in her own home. She has in home care and manages quite well. Isn't this a crime?
What's wrong with these people?

Any help, suggestions would be wonderful. I'm running out of ideas.

(Note: Apparently, APS was contacted, but little was achieved)

If you can help this person, please email me. I will pass on the information.-----------------------------------------------------------------------

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