Star-Tribune staff writer
Friday, August 01, 2008
Law enforcement faces several barriers in identifying, prosecuting and preventing elder abuse, experts said Thursday.
Elder abuse -- including physical abuse, financial exploitation and negligence -- is increasing because the state's population is aging. More people are reaching their 85th birthdays and more senior citizens are living at home -- away from regulations of health care facilities.
Most cases occur in the home, said Randy Thomas, who offers domestic and elder abuse training to law enforcement. About 45 percent of perpetrators in elder abuse cases are family members. The conference continues today at the University of Wyoming Outreach Building, 951 N. Poplar St.
"It happens every day in numbers we don't want to think about," said Thomas of South Carolina. "Just look at the demographics. The public just doesn't care."
The public's awareness of elder abuse and what it means is one of the first barriers law enforcement will encounter.
Many victims are afraid to report it. They can't imagine their children would do this and they don't want their family member to go to jail.
That's when law enforcement should work with other agencies, such as Department of Family Services and prosecutors, to build a case without the victim.
Sheriff Lou Falgoust of Hot Springs County attended the two-day workshop to learn what questions he should ask and what resources are available to better investigate these cases.
"We have a large retired community in the county," Falgoust said. "I don't know if I'm seeing it more or if it's just being reported more."
The workshop was funded through a three-year grant given to the University of Wyoming by the U.S. Department of Justice in 2007.
Steve Olmstead, director of the Medicaid Fraud Control Unit in the Attorney General's Office, said his office's case load is increasing. Since 2004, his office has had nine successful prosecutions in Medicaid fraud cases and most were in nursing homes.
"There is an underlying culture, 'if we can get away with this then we can get away with that,'" Olmstead said. "If we go in for fraud, the next week we are investigating abuse."
One case he remembers is an older man was asphyxiated by the railing on his bed in a nursing in Wyoming. People in the community didn't want to report it because they didn't want the nursing home to get in trouble.
Law enforcement and social services should not accept caregiver burnout as an excuse for elder abuse, Thomas said. People don't accept it as an excuse for child abuse.
There are several differences between child abuse and elder abuse cases that make it more difficult to investigate and prosecute elder abuse cases, Thomas said.
He said elder adults are considered fully functioning, have complex medical conditions that can sometimes mask abuse and are easier to isolate.
"It's easy to shove mom in the back room, abuse her and steal all her money without any one knowing," Thomas said.
Thomas said Wyoming's elder abuse laws are good, but law enforcement needs to do a better job of keeping track of elder abuse data. Also, prosecutors need to be more keen on taking these cases to court even though they are complex and sometimes difficult to win.
"The fact that this training is even being held shows more people are aware," Thomas said. "But it isn't political enough; there is no outcry."
Randy Thomas, who teaches classes on elder abuse to law enforcement, gives senior citizens these tips to protect themselves from certain types of abuse:
- Assign a power of attorney over your assets - It has to be granted to someone you trust. It doesn't have to be your children or even a family member.
- Make the power of attorney specific and long lasting - You need to talk to a good elder attorney about it and if you can't afford one, go to legal services.
- Create advanced directives for health care - These should include whether you want to be resuscitated or want a feeding tube. Designate someone to make medical decisions, someone you know will honor your wishes and be able to make difficult decisions.
- Start making these decisions in your 50s.
- Be realistic about your children -- Keep in mind your children's strengths and weaknesses. Thomas wants his daughter in charge of his finances when he gets older and his son in charge of his medical care.
- Make friends - Keep a large social network, even if it's just the ladies from church and make sure some of them are younger than you.
- Stay active and engaged -- This will allow you to keep your independence as long as possible.
SOURCE: Jackson Hole Star Tribune
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1 comment:
Elder abuse is a truly terrible crime, regardless of the reason it happens. People who knowingly take advantage of someone in their care are despicable and need to be brought to justice. In certain ways I think elder abuse can be worse than child abuse, since it's a fully matured person with a lot of life experience. To abuse and neglect a person from a prior generation shows so little respect and understanding of the continuity of life throughout the generations.
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