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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.

Showing posts with label Help for Victims. Show all posts
Showing posts with label Help for Victims. Show all posts

August 11, 2015

Abuse of the elderly: Why some are reluctant to speak up (SINGAPORE)

(Channel NewsAsia)
WHY VICTIMS SUFFER IN SILENCE
Older victims are not aware of the resources out there and they do not know what to do, according to Ms Tan. Homebound, suffering from illnesses, often reliant on those who abuse them, they lack the capacity to reach out to social workers or community, she said.
Other victims choose not to report abuse because of fear of what would then happen to the perpetrator. Others blame themselves by believing that they are not a good parent.
“We try to convince them that it’s a good thing to talk to a social worker. It’s our job to help them and we can try to work out a safety plan”, said Ms Tan.
Another challenge social workers like Ms Tan face is the difficulty to prove that someone is being abused.
Said Dr Ng: “There is no blood test you can do, there is no scan that would say ‘Oh this is abuse’. And a lot of the time, there’s no evidence.”
THE VULNERABLE ADULTS ACT
When it is introduced later this year, the Vulnerable Adults Act will give social workers and other professionals, such as lawyers or doctors, powers to enter the house of a suspected victim to assess the case and remove the person to a place of safety.
“This new law is timely and useful but even with it, there's still a lot of work to be done. We need to develop sufficient community support services, nursing homes, community doctors,” pointed out Dr Ng.
Ms Tan agreed: “At the moment, there are no places of safety in cases of elder abuse.
“If the family wants to remove the victim from a hospital or nursing home, we can’t stop them.”
Abridged
SOURCE:    Channel NewsAsia

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July 28, 2015

How to Report and Protect in Situations of Elder Abuse

By Victoria Dalton 

July 26, 2015

When fighting the war on elder abuse, no one will consider you a hero. Instead, you will be met with doubt, disbelief and greed. Let the elder live his or her life as they choose to do so. The line I hear frequently is "even elders have the right to make bad decisions."
The most difficult situations are where the elder has limited capacity as opposed to no capacity.  Capacity is the ability to comprehend both the nature and consequences of one's acts.
When an elder lacks capacity, an application for Guardianship may be made to the Probate Courts. Details on how to do this can be found on njcourts.com under forms and of course through an elder law attorney.
So what tools do we have in our arsenal to protect and defend an elder victim with limited capacity? As mentioned, this is not an easy battle and no one will thank you, including the victim. They fail to believe or are too embarrassed to disclose they are being duped.
However, even during the bleakest times, we cannot give up. Consider the following in your quest for justice and try to include as many organizations, family members and witnesses on your side as possible. Remember it is not an easy fight. Here is the RAP Sheet (Report and Protect).
Journal
Keep a log as to each encounter you may have with either the victim or the abuser. Include date, time, location and a short summary of interaction. If you have documentation that supports the meeting include that as well.  For example, include a picture of you with the victim and their abusers.  
Communication
An elderly person who is isolated is especially vulnerable to abuse. In these situations, distance does not make the heart grow fonder.  If you do not communicate on a regular basis, you will miss important clues and changes in behavior.  Further, your failure to communicate and provide them with attention will risk alienating them permanently.
EverSafe
Each year YLC offers the opportunity to receive a complimentary inventory of assets packet by email to help elders know specifically what they own and where important paper work/documents are located.
Going a step further in the fight against elder financial exploitation is a company called EverSafe.  They provide protection from fraud, identity theft, unscrupulous telemarketers and possibly anyone who would want to steal by monitoring an elder's financial accounts and credit reports, alerting you to suspicious activity.
Elizabeth Loewy, General Counsel for EverSafe, spoke recently at the White House Conference on Aging, and has stated "these crimes wreck the best-laid financial plans and put tremendous strains on families, from the seniors dealing with the burdens of victimization to the relatives wracked with guilt for not having acted more sooner."
Aging and disability resource center
To examine your options and receive information and assistance call toll free 1-877-222-3737.  If you are not a Gloucester County resident, the correct number will be provided to you.
Attorney
Consult with an elder law attorney to discuss your case. Attorneys may be able to freeze assets, provide guardianship representation, or take other legal action that may be appropriate to your situation.
Reporting Elder Abuse
Each state has rules for investigating and providing protective services. Reporting may be done anonymously.  Most states, including New Jersey, have mandatory reporting of elder abuse if your job requires you to have regular contact with an elderly person such as a social worker or nurse.  Importantly, the reporter is granted civil and criminal immunity as long as he or she has not reported in bad faith.
Citizens can report elder abuse through their county Adult Protective Services office located within their Board of Social Services.  In Gloucester County, call (856) 582-9200 or after hours (800) 648-0132 to report elder abuse.
Remember, should a victim be deemed to have capacity, they can refuse services offered.
Admittedly, there are no easy answers in combatting elder exploitation. Still, we can earnestly Report And Protect to help our elderly.  Till next time, God bless, keep smiling, when Your Legal Corner, will consider: " Exploitation Protections in your Legal documents." Victoria M. Dalton is an attorney with the law offices of Hoffman DiMuzio.


SOURCE:   NJ.com

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Elder abuse? Seek proper help, avoid 'public trial' (SINGAPORE)

The Lower Delta Road incident of a woman caught on video slapping her mother is unfortunate, and Social and Family Development Minister Tan Chuan-Jin has highlighted the equally unfortunate "public trial" of the individuals concerned ("Public trial of family harsh: Tan Chuan-Jin"; last Saturday). 

In January, several concerned residents in my neighbourhood informed me that an elderly woman had been sleeping in the void deck of a block for several nights. As a member of the residents' committee (RC), I went to investigate. Older members of the RC and neighbours knew about her, and the police had been involved, more than seven years ago, to get her back home to sleep.
There were many theories about what caused her not to want to sleep at home, including abuse by her daughter and boyfriend.
Like what Mr Tan said regarding the Lower Delta Road case: "Sometimes, details may be half-accurate or inaccurate."
In the case of the elderly woman in my neighbourhood, the appropriate thing to do was to seek professional help, and we did. With the help of the RC adviser, a social worker was assigned to her case.
The social worker met the woman's daughter and her boyfriend. She also spoke to the concerned neighbours who have been feeding the elderly woman.
The social worker was able to ascertain the facts of the case and, based on the information, she was able to get the appropriate social service agencies to help a Singaporean in troubled circumstances. The social worker was also able to give professional advice to the neighbours on how best to help the elderly woman to eventually return home to sleep.
We are still working on this case but we managed to avoid a "public trial" of the individuals concerned as that would have put further stress on the already-fractured family relationships.
Liu Fook Thim
SOURCE:    AsiaOne News


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July 25, 2015

Fighting Elder Abuse: More eyes and ears needed to report cases to centres (SINGAPORE)

By

Radha Basu

Senior Correspondent
Straits Times

For months, neighbours heard screams from a thin, frail woman who looks much older than her 58 years. Some said they saw her beaten by her daughter or husband.
But until Mohamed Juani - a neighbour - secretly filmed and uploaded a video of one such abuse incident on Facebook on Monday evening, no one really spoke up. And, crucially, no one reported the matter to the authorities.
Once the video went viral, some neighbours told reporters they saw her being slapped and kicked. Others saw her hair being pulled. Yet others saw her being berated and beaten with brooms.
The shroud of silence that surrounds abuse cases may shock some, but comes as no surprise to those at the front lines of the battle against elder abuse.
Trans Safe Centre, Pave and Care Corner Project Start provide specialised community-based support and services for people affected by family violence. This includes older folk who are scolded, beaten, defrauded or denied access to others by people they love, most frequently their own flesh and blood. 
While there are some family, friends and neighbours who do speak out, social workers in all three agencies have seen cases where others knew of the abuse but did nothing to help.
Pave, for instance, helped a 74-year-old woman who was often kicked, slapped and hit on the head by her son-in-law. She would shout for help. Once, when he was hitting her and she screamed for help through the kitchen window, a small crowd had gathered downstairs to gape. But no one offered to help or report the matter. Eventually, a visiting grandson was shocked by her condition and reported the matter to the authorities. 
Similarly, in other cases reported to the Trans Safe Centre and Project Start by family members or police, neighbours acknowledged seeing the violence, but did nothing about it. Some do not intervene for fear of being hurt or harassed by the perpetrator who, after all, lives just a door or two away. They may fear making the violence worse for the victim. Others feel being a "kaypoh" - or nosy - neighbour is too "paiseh" (embarrassing). 
Most of all, social workers say, many bystanders feel outsiders should not interfere in domestic disputes - even when violence is invoved. 
It is unclear exactly how many people harbour such views today, but a 2007 study of more than 1,000 people by what was then the Ministry of Community Development, Youth and Sports showed that half believed family violence was a private matter, down from nearly six in 10 in 2003.
But this is a totally wrong view.
The law does not stop at the threshold to private homes. If it did, killings at home won’t be murder, and criminals can flee the law simply by returning home to shut the door. 
Neighbours and bystanders need to know that domestic violence is a crime, the same way violence to a co-worker in the office, or a stranger on the street, is a crime.
Abridged
SOURCE:    Straits Times

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November 20, 2013

Organization Wants To Stamp Out Elder Abuse


Cherokee Triad - S.A.L.T. will hold an information session on elder abuse on Thursday in Woodstock.
 by Kristal Dixon (Editor)
November 18, 2013
An organization dedicated to advocating for Cherokee County's senior citizens will touch on an issue that's often overlooked by the public.

Cherokee Triad - S.A.L.T. will hold an information session and discussion on elder abuse at 1 p.m. Thursday at the William G. Long Senior Center in Woodstock.

Alice Irving, a member of the organization's board, said a representative from the Canton Police Department will speak on the topic. The event is designed to target not only senior citizens, but also adults children of seniors.

The session will go over the warning signs of elder abuse, which can encompass emotional, physical or financial abuse, and discuss what can be done to stop the abuse.
"Most people don't realize this occurs," she said of elder abuse. "We hear a lot about child abuse, but often elderly abuse is something that's swept underneath the rug."
The event is free and open to the public.
Cherokee Triad - S.A.L.T., or Seniors and Law Enforcement Together, is a collaborative effort among local public safety agencies and other organizations that work to educate and inform older residents about resources that can help them live a better quality of life.

SOURCE:      The Woodstock Patch
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Hebrew Home At Riverdale Celebrates Advocacy Award

November 18, 2013
By Daniel Reingold

The Hebrew Home at Riverdale received the 2013 Outstanding Advocacy Award from LeadingAge at its national conference in Dallas last month. I had the honor of accepting the award on behalf of the organization. This award, which recognizes our leadership role in the field of elder abuse prevention for the past decade, meant a lot to us.
The Harry and Jeanette Weinberg Center for Elder Abuse Prevention at the Hebrew Home is dedicated to helping elder abuse victims in many ways, from providing emergency shelter to educating the community to advocating on Capitol Hill and on the state and local levels.  We are facing a national epidemic – and it will only increase as the Baby Boomer population ages.  We must take action and never stop advocating for those who cannot.
The Hebrew Home at Riverdale successfully advocated both the US Department of Housing and Urban Development and the New York State Department of Health to expand and alter their policies to prioritize senior housing applicants who are victims of elder abuse. As a result of this unwavering advocacy, we secured state funding to open The Terrace, an assisted living program on our Riverdale campus. Today, we offer long-term housing for elder abuse victims in a comfortable, home-like environment that provides healthcare, social opportunity and a safe place to call home. For some, this safety is a first in their lives.
On the federal level, the Hebrew Home advocated for HUD to permit elder abuse victims to have priority admission to our federally subsidized  low-income 202 apartment building, Hudson House. Hudson House provides apartments with amenities – close proximity to shops, nicely decorated living space and a built-in social system.
While attending the Dallas conference, I sat in the auditorium, watching the photo montage and video before accepting this award.  Each image provided a glimpse into our work and the people in our care. The photo of a woman getting her blood pressure checked. The video of another woman surrounded by the smiling and reassuring faces of our staff. Photos of elected officials visiting the Hebrew Home and learning of our mission. All of these images were gratifying and inspirational. Every day, the Hebrew Home, and the staff of the Weinberg Center, advocates.  We speak up. We take action. Ultimately, we make a difference.
I am so proud of our accomplishments, but the fight is far from over.  Our greatest hope with the receipt of this award is that long term care organizations throughout our nation will replicate our successful shelter model so that together, we can help end elder abuse.  Older Americans deserve our collective commitment.
(Daniel Reingold is the president and CEO at Hebrew Home at Riverdale.)

SOURCE:      McKnights
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Senior Victim To Valued Friend

November 16, 2013
By JAN SKUTCH

Eliot Karasick is a retired Wall Street executive who moved to The Landings in 2000 with a big heart for those less blessed.
When he hired Amy Lynn Lee as a housekeeper, he thought he had found a valued friend, someone he treated like a family member.
By the time Karasick caught on, Lee had defrauded him out of more than a quarter of a million dollars, including a four-bedroom home in Pooler and a new Toyota Camry.
“I was disappointed,” Karasick, 88, said. “I couldn’t believe how any human being could do that to another human being.”
For Assistant District Attorney Shalena Cook Jones, Karasick represented a common denominator for a large portion of the more than 75 elder-abuse cases she carries as part of her caseload at any time as District Attorney Meg Heap’s elder-abuse prosecutor.
“Really, there’s so much back story to these cases,” Jones said.
She understood Karasick’s plight and moved to address it. Working with Savannah-Chatham police financial crimes detective Raymond Woodberry, Jones took an 11-count indictment to Chatham County Superior Court Judge Penny Haas Freesemann, got Lee to admit her actions and recovered a large portion of Karasik’s lost assets.
In many cases, such as Karasick’s, the issue is financial fraud or similar circumstances.
Other cases of elder abuse may involve neglect, physical violence or even death. Frequently, the person committing the abuse will be a family member, many of whom are motivated simply by greed, Jones said.
The whole area of elder abuse crimes is a fairly new one in the law and one that is still developing, Jones said.
“Elder abuse confounds people. We still don’t know what we are looking at,” she said.
“It’s much deeper than I expected.”
Point prosecutor
A prosecutor by trade, Jones acknowledges she remains “more of a social worker than anything else.”
Part of her challenge is that of community education concerning a problem that may elude much of the public’s understanding. That involves public appearances before business and professional groups.
“People don’t get elder abuse,” Jones, 36, said. “Elder abuse is wrong.
“I don’t believe it is right to hit, abuse, demean or attack people because they are women or children or patients in a mental health facility or elderly. That’s what keeps me doing this work.”
Jones, who balances her job with a husband and two children at home, rejects the burnout potential from her caseload.
“What I am thinking about is getting better,” she said.
Heap, the district attorney, is on the same page as Jones.
“Elder abuse is the fastest growing crime in the United States, and unfortunately Savannah is experiencing these crimes as well,” Heap said. “As district attorney I believe it is my duty to protect to the best of my ability our seniors and disabled adults.”
She praised Jones as “an experienced and passionate prosecutor who will work with the police to bring justice to those who have been victimized.”
When Heap resurrected the elder abuse position in January, she turned to Jones as her lead prosecutor.
Jones had been the office’s lead domestic abuse prosecutor in State Court before moving to Superior Court in August 2012. There she took on a share of elder abuse cases. In her new role, Jones still carries another 75 domestic violence cases at any one time.
With Karasick, Jones was faced the potential problem that no one would believe he was the victim of his caretaker.
“The process starts way before the crime ever begins,” Jones said. “It is a slow burning, building type of thing.”
Her immediate challenge was to amend the existing indictment against Lee as Karasick was dealing with health issues, partly because of stress from the case.
Jones calls it “kicking it into high gear. This is how we want to handle these cases going forward.”
Concerned for self, too
Karasick moved to a home at The Landings in early 2000 after he retired from a Wall Street career in stocks.
Lee started to work for Karasick as a housekeeper in 2008, helping him to deal with his wife’s aging issues and to maintain his home.
“She paid a lot of attention to me,” he said. Karasick he always — “by nature” — has compassion for those with less.
“I was concerned for her as a human being,” he said. “… She had me really fooled.”
With time he became increasingly dependent on Lee and increasingly drawn in by her tales of woe about domestic problems and hard times.
And by her 14-year-old daughter, who called him “grandpa.”
“I was a sitting duck for her (Lee) because I felt sorry for her.”
“But, I was concerned for myself too,” he said, noting that he increasingly relied on Lee.
Because she allegedly had no place to stay, he located a $400,000 home in Pooler he could get for $200,000 and loaned her the money with an agreement she would pay rent.
When her old Volkswagen fell apart, he went with her to shop for a new car, a 2012 Toyota Camry Sports Model. He would help her pay for it, including a $10,000 gift to cut costs.
When he moved to the Marshes on Skidaway Island, he offered to allow her to move temporarily into his Landings residence, then on the market. She declined, he said.
He even left the Pooler home at 306 Village Green Lakes to Lee in his will, Karasick said.
“I had so much,” Karasick said. “She had so little or nothing. She’s like an adopted child.”
The bottom dropped out when Karasick needed a hip replacement in December 2011. Lee volunteered to spend the first night at the hospital with him.
Before he was wheeled into surgery, he gave Lee his wallet for safe keeping. Within minutes, she was off on a three-day spending spree with his credit cards, including Sam’s, Target and Kroger.
He did not discover that until later when he reviewed his credit card statements.
Her greed extended to creating two $300 checks to herself, which she cashed at a bank without any signature, he said.
“I didn’t know that she was a thief,” he said.
Concerns initially dismissed
When he went to a lawyer about possible legal action against Lee, Karasick said the response was, “I wouldn’t bother. This happens many times a day. … You’re just asking for a lot of heartaches.”
Karasick said he initially took that advice but after realizing the depth of Lee’s fraud, “I got really angry. I wanted to do something about it.”
That got him to Detective Woodberry and ultimately to Jones in the prosecutor’s office.
“We talked constantly,” Karasick said. “She called me her coach. … If it hadn’t of been for her, I don’t know what would have happened.”
At the end, Lee, 44, chose to plead guilty as part of a negotiated plea to three counts of identity fraud, three counts of forgery and single counts of elder exploitation and theft by taking.
Her sentence: 10 years in prison with 30 days to serve and the balance probated.
Special conditions of probation bar Lee from having any contact with Karasick or his family members and requires that Lee:
• May not be primary care giver or manage the finances of anyone over 65 years old who is not related to her.
• Vacate the home at 306 Village Green Lakes in Pooler and return title and ownership to Karasick.
• Sign title to the 2012 Toyota Camry over to Karasick.
• Make restitution of $6,500 or the cost of outstanding home owner’s association fees on the Pooler property.
Because the plea was entered under the First Offender Act, adjudication of guilt was withheld. If Lee successfully completes her probation, no conviction will follow her.
In the end, Karasick said he was satisfied.
“She has nothing else to give except her life. By taking that, what do I gain?”
To have forced the case to trial could have meant Lee’s teenage daughter would have been caught up in it, a result he did not want.
“I was terribly angry but not angry enough to do anything stupid to hurt her or her child.”
SHALENA COOK JONES
Age: 36
Title: Chatham County Assistant District Attorney
Hometown: Brooklyn, N.Y.
Education: Bachelor of Arts, Spelman College, Atlanta, (1999), University of Georgia School of Law (2002), Member Henry Lumpkin Inn of Court and Order of Barristers
Professional experience: Chatham County assistant district attorney (2010-13); attorney, U.S. Attorney’s Office, Western District of Texas (2009-10); private practice, Law Offices of Shalena Cook Jones (2008-09); senior associate, Cruser & Mitchell LLP (2005-08)
Achievements: President-elect of the Port City Bar Association, Chair Chatham County SALT (Seniors and Law Enforcement Together) and Multi-Disciplinary Team on Elder Abuse, member of the Savannah Council on Aging, certified ACT specialist qualified to instruct law enforcement, social agencies and community members on crimes involving at-risk adults.
IF YOU NEED HELP
The law provides that a person who suspects elder abuse of any kind should contact Adult Protective Services at 1-866-55-AGING (1-866-552-4464).
Or you may contact your local police agency to make a crime report.
Source: Shalena Cook Jones
TO LEARN MORE ABOUT ELDER ABUSE, GO TO:
helpguide.org/mental/elder_abuse_physical_emotional_sexual_neglect.htm
ncea.aoa.gov
nccafv.org/state_elder_abuse_hotlines.htm

SOURCE:        Savannah Now
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October 18, 2013

Banks On The Front LInes When It Comes To Detecting Elder Abuse

By Susan Salisbury
PALM BEACH POST
OCTOBER 16, 2013

WEST PALM BEACH, Fla.

A lot of older people don’t bank online. They prefer to visit the bank branch, where they might even have a favorite teller.
That means employees at banks, credit unions, and other financial institutions are on the front lines when it comes to being able to spot possible financial abuse of the elderly.
They might notice something fishy about withdrawals from a customer’s account, such as a change in the amounts or unusual transactions.
Yet they sometimes worry that reporting their suspicions to law enforcement might violate the customer’s privacy rights.
Last month, the Consumer Financial Protection Bureau and seven other agencies issued guidance to banks and other institutions, saying that they should not hesitate to disclose a customer’s personal information if fraud or other illegal activity is suspected.
A federal privacy law known as the Gramm-Leach-Bliley Act allows common-sense exceptions to allow reporting of possible fraud or unauthorized transactions.
‘‘Older Americans are all too often victims of financial exploitation,’’ said Richard Cordray, director of the consumer bureau.
‘‘They make attractive targets because they often have higher household wealth — whether it is in retirement savings or home equity.’’
Elderly people may be less able to recognize financial exploitation and fraud, the most common form of elder abuse, Cordray said.
Elder abuse includes the illegal or improper use of an older adult’s funds, property, or other assets.
‘‘A lifetime of savings can be wiped out by falling prey to a scam artist,’’ Cordray said.
‘‘Employees at financial institutions can be instrumental in preventing such fraud.’’
When seniors fall victim to theft by a trusted family member or a scam, they may be too embarrassed or too frail to pursue legal action — so it is critical that other s look out for them, Cordray said.

Here are some possible signs of financial abuse of older adults, from the Treasury Department’s Financial Crimes Enforcement Network:
■ Erratic or unusual banking transactions, or changes in banking patterns.
■ Frequent large withdrawals, including daily maximum currency withdrawals from an ATM.
■ Sudden insufficient fund activity.
■ Uncharacteristic nonpayment for services, which may indicate a loss of funds or loss of access to funds.
■ Debit transactions that are inconsistent for the older adult.
■ Uncharacteristic attempts to wire large sums of money.
■ The closing of CD or other accounts without regard to the penalties.
■ A caregiver or other individual who shows excessive interest in the older adult’s finances or assets, does not allow the older adult to speak for himself, or is reluctant to leave the side of the older adult during conversations with other.
■ The older adult shows an unusual degree of fear or submissiveness toward a caregiver or expresses a fear of eviction or nursing home placement if money is not given to a caretaker.
■ The financial institution is unable to speak directly with the older adult, despite repeated attempts.
■ A new caretaker, relative, or friend suddenly begins conducting financial transactions on behalf of the older adult without proper documentation.
■ The older adult moves away from existing relationships and toward new associations with other ‘‘friends’’ or strangers.
■ The older adult’s financial management changes suddenly, such as through a change of power of attorney to a new individual.
■ The older adult lacks knowledge about his or her financial status, or shows a sudden reluctance to discuss financial matters.

SOURCE:     The Boston Globe
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October 10, 2013

Nursing Homes Residents' Rights, Ombudsman Program

Residents' Rights, Ombudsman Program
Oct. 07, 2013
Press release submitted by Alternatives for the Older Adult

Across the country, residents of nursing homes and other long term care facilities along with family member, ombudsmen, citizen advocates, facility staff and others will honor the individual rights of long- term care residents by celebrating Residents' Rights Month. Residents' Rights Month is an annual event held in October by the National Consumer Voice for Quality Long- term Care (The Consumer Voice) to celebrate and focus on awareness of dignity, respect and the value of long-term residents.

The theme for Residents' Rights Month 2013 is, "Speak Out Against Elder Abuse" with the goal of encouraging residents and others to be educated about and speak out again elder abuse.

"Residents' Rights Month is an excellent opportunity to re-affirm our collective commitment to residents'rights and to honor long-term care residents," said Sarah F. Wells, Consumer Voice Executive Director. "We want to help create a safe and secure environment for older adults and individuals with disabilities, no matter where they may happen to live. Whether it's the residents themselves or witnesses of elder abuse, there is no reason some should keep quiet and avoid taking action. We hope to facilitate and encourage ways for residents, their loved ones, or witnesses of elder abuse to use their voice and speak out against this serious issue."

The Nursing Home Reform Law, passed in 1987, guarantees nursing home residents their individual rights, including but not limited to: individualized care, respect, dignity, the right to visitation, the right to privacy, the right to complain and the right to make independent choices. Residents who have made their home in other types of facilities such as assisted living, supportive living or skilled nursing facilities maintain their rights as U.S. Citizens. Residents' Rights Month raises awareness about these rights and pays tribute to the unique contributions of long-term residents.

The National Long-Term Care Ombudsman Program has worked for more than 30 years to promote residents' rights daily. More than 8,000 volunteers and 1,000 paid staff are advocates for residents in all 50 states plus the District of Columbia, Guam and Puerto Rico. Authorized under the Older Americans Act and administered by the Administration on Aging, the program also provides information on how to find a facility, conducts community education sessions and supports residents, their families and the public with one-on-one consultations regarding long term care.

Alternatives for the Older Adult, a nonprofit which promotes the independence and quality of life of older adults and their families, recognizes the importance of residents' rights by providing the Ombudsman Program for ten counties in the state of Illinois including Rock Island, Mercer, Henry, Knox, LaSalle, McDonough, Putnam, Bureau, Warren and Henderson County.

Regional Ombudsman for Alternatives for the Older Adult Nancy Schold explains why the community should recognize the importance of Residents' Rights Month.

"Residents retain all of the rights they enjoyed while living in the community. As with every other citizen of Illinois, the rights of nursing home residents are guaranteed by the Constitutions of the United States and the State of Illinois. Residents retain the rights of free speech, practice of religion, freedom from unlawful search or seizure, and the right to vote. In addition, Residents gain the additional rights of safety and good care." Schold said.

For more information about Residents' Rights Month or the Ombudsman Program contact Alternatives for the Older Adult.

SOURCE:     QC Online
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Banks Aid Fight To Halt Scams That Cheat Aged

 Oct. 6, 2013
By Susan Tompor
Gannett News Service

Just one year ago, the U.S. Government Accountability Office reported that it could not find any federal requirements for banks to train tellers and others to spot or report elder financial exploitation.
Increasingly, banks are being told that their employees are part of the solution on the front lines to stopping financial abuse.
Federal regulators joined forces to issue guidance to clarify that privacy rules don’t trump common sense for reporting suspected elder abuse to law enforcers or state adult protective services agencies.
“Older Americans are all too often victims of financial exploitation,” said Richard Cordray, director of the Consumer Financial Protection Bureau. “They make attractive targets because they often have higher household wealth — whether it is in retirement savings or home equity.”
Families caring for older relatives know too well about the constant fear that some outsider, or maybe even a relative up to no good, might find a way to get a senior’s ATM card and PIN. Or maybe a friendly sounding con artist can persuade an older adult to wire $4,000 to cover taxes for his or her so-called winnings on a big sweepstakes. And maybe those calls about a big sweepstakes win just keep coming and coming — and the senior keeps on sending money.
Signs to watch for
Ann Langford, program manager for the Area Agency on Aging 1-B, a nonprofit that supports services for older and disabled adults in Detroit, said in the tough economic times, some family members have sought to fix their own finances by coercing an older relative to hand over cash.
“They may have a loved one who has money,” Langford said.
She noted that banks often want to protect their customers, but she said it may help to have the privacy regulations clarified so some tellers know what’s allowed.
A “No Excuse for Elder Abuse” campaign was launched last March in the Detroit area and included a tip that involved asking a bank manager to train tellers on how to detect elder financial abuse. “It’s a stealth crime that just needs to have a spotlight on it,” Langford said.
What are some signs that might trigger a suspicious-activity report at a financial institution? Regulators said it could be lots of stops at the ATM for withdrawals that hit the daily maximum allowed on that account. Or a sudden onslaught of bounced checks, which might indicate an unexpected loss of money.
Are there debit transactions that don’t seem to make sense for an older adult? Is the older adult wiring large sums of money out of the blue? Did the elderly customer show up at the bank window and close a certificate of deposit, even though a large penalty would be paid for early withdrawal before that CD matured?
Why the guidance now? Cordray and other regulators said financial institutions had expressed concern that they couldn’t take action without violating the Gramm-Leach-Bliley Act, which establishes how and when a financial institution can disclose non-public personal information to third parties not affiliated with the institution.
Richard Riese, senior vice president of the American Bankers Association’s Center for Regulatory Compliance, said the guidance helps confirm privacy rule interpretations that banks have been relying on to report elder financial abuse.
Some other possible signs of abuse include when the bank is unable to speak directly with the older adult, despite repeated attempts to contact him or her.
Financial exploitation is defined as illegally or improperly using an older adult’s money, property or other assets. Older adults can lose money through exploitation by relatives, caregivers, scam artists, financial advisers, home-repair contractors, guardians and others.
Success stories
But sometimes, there’s a little hope that not every scam out there will successfully tarnish a senior’s golden years. Debbie Matz, board chairwoman of the National Credit Union Administration, said some credit unions have had success at being watchdogs for their customers’ money and prevented elder financial fraud.
One credit union in Colorado, for example, stopped an 85-year-old from losing $50,000 to one financial exploitation trap.
Stopping the money from ever being handed over to an abusive relative or a con artist is essential. Some seniors are too upset or frail or just too embarrassed to take legal action. And the scammers know that too well.

SOURCE:       The Poughkeepsie Journal
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September 5, 2013

Warning to Elderly On Financial Abuse (AUSTRALIA)


September 1, 2013
By Andrea Petrie

She was in her late 80s, frail and no longer able to maintain the home she and her late husband had built and in which they had raised their three children. So when her son suggested she sell up, give him the proceeds and move in with his family for the rest of her days, it seemed like an ideal solution.

Then their relationship soured and so, too, did his promise to provide lifelong care. And he refused to hand back any of the hundreds of thousands of dollars she had given him so she could find somewhere else to live.
Scenarios like this are becoming more common, according to Seniors Rights Victoria manager Jenny Blakey. Of all the cases her organisation handled in the 2012-13 financial year, 678 related to elder financial abuse, when someone known and trusted by an older person took advantage of them for financial gain.
''Financial abuse is one of the most common types of elder abuse that we see, making up for about 40 per cent of cases," Ms Blakey said.
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"It's increasing, too, just by virtue of the fact that the population is ageing and because most elderly people are wealthier in terms of owning their homes and having more assets than earlier generations.''
She said that because it was getting harder for younger people to afford homes of their own, and many were facing other financial difficulties, some people wanted access to the wealth of older people in their lives now, rather than waiting for a possible inheritance.

The exchange of assets in return for care, for example, had the potential to get particularly complicated, she said.
''For most families it's a good arrangement and it works well because most families really do care for one another and look out for each other's interests as best they can,'' she said. ''And it can be done with good intentions, but things can and do go wrong for various reasons and those are the cases we tend to see.''
In some cases, elderly people have moved in with their children and clashed with their son or daughter, or their son or daughter's partner or children, Ms Blakey said.
Problems have also arisen in instances where money has been lent in exchange for care and when the arrangement has not worked out and the elderly person wanted to leave, they struggled to get their money back. Because they might have signed over power of attorney, some elderly people believe there is nothing they can do.

''There's been situations where money from the older person has been gambled away and they only realised when the bank seized the home of the person who has been caring for them, where they were also living, so they've ended up in their late 80s or early 90s homeless,'' Ms Blakey said.
And with divorce relatively common these days, many older people have had to demonstrate their claim on properties belonging to one of their adult children, where they have been living, if the house has to be sold or formed part of a financial settlement. A booklet created by Seniors Rights Victoria, Care for your assets: money, ageing and family, provides advice on the possible personal and legal outcomes of various scenarios, including for anyone considering selling their home and giving the money to someone who has agreed to care for them, or who is moving in with a relative.
■For more information visit seniorsrights.org.au or call 1300 368 821.


SOURCE:       The Brisbane Times, au
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August 21, 2013

What Is Elder Abuse And When To Report Checklist (USA)


What Is Abuse?
Abuse is a form of mistreatment by one individual that causes harm to another person. If you witness a life-threatening situation involving a senior or adult with disabilities, immediately call 911.
These are commonly reported types of abuse* received by Adult Protective Service agencies:
Physical abuse: may include slapping, hitting, beating, bruising or causing someone physical pain, injury or suffering. This also could include confining an adult against his/her will, such as locking someone in a room or tying him/her to furniture.
Emotional abuse: involves creating emotional pain, distress or anguish through the use of threats, intimidation or humiliation. This includes insults, yelling or threats of harm and/or isolation, or non-verbal actions such as throwing objects or glaring to project fear and/or intimidation.
Neglect: includes failures by individuals to support the physical, emotional and social needs of adults dependent on others for their primary care. Neglect can take the form of withholding food, medications or access to health care professionals. For more information on neglect,click here.
Isolation: involves restricting visits from family and friends or preventing contact via telephone or mail correspondence.
Financial or material exploitation: includes the misuse, mishandling or exploitation of property, possessions or assets of adults. Also includes using another’s assets without consent, under false pretense, or through coercion and/or manipulation.
Abandonment: involves desertion by anyone who assumed caregiving responsibilities for an adult.
Sexual abuse: includes physical force, threats or coercion to facilitate non-consensual touching, fondling, intercourse or other sexual activities. This is particularly true with vulnerable adults who are unable to give consent or comprehend the nature of these actions.
Self-neglect: involves seniors or adults with disabilities who fail to meet their own essential physical, psychological or social needs, which threatens their health, safety and well-being. This includes failure to provide adequate food, clothing, shelter and health care for one’s own needs. You can learn more about self-neglect here.
* Definitions of abuse vary from jurisdiction to jurisdiction. Please contact your local APS office for additional information.

When to Report Checklist

If you witness a life-threatening situation involving a senior or adult with disabilities, dial 911. Contact your local Adult Protective Services agency any time you observe or suspect the following:
Sudden inability to meet essential physical, psychological or social needs threatening health, safety or well-being
Disappearing from contact with neighbors, friends or family
Bruising or welts on the skin, especially those appearing on the face or lateral and anterior region of the arms (physically abused elders are much more likely to display bruises than seniors injured by accident)
Fingerprints or handprints visible on the face, neck, arms or wrists
Burns from scalding, cigarettes, or in shapes of objects such as an iron
Cuts, lacerations or puncture wounds
Sprains, fractures or dislocations
Internal injuries or vomiting
Appearing with torn, stained, bloody clothing
Appearing disheveled, in soiled clothing or inappropriately attired for climate
Appearing hungry, malnourished, disoriented or confused


SOURCE:       National Adult Protective Services Association
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July 9, 2013

Not A Perfect World, But Help Is At Hand For Elders (NEW ZEALAND)


July 05, 2013 IWK Bureau

Most elder abuse cases are under-reported in the Indian community. “Yes it is under reported due to stigma and fear. Most of the time the perpetuator is family or caregivers and often old people fear backlash,” says Nilima Venkat, Project Manager, Shanti Niwas which works with socially isolated senior citizens of Indian and South Asian origin living in the Auckland region by providing culturally appropriate aged care services along with social, emotional, educational, physical and spiritual support. “The main concerns are loneliness, social isolation leading to depression and mental health issues, language, transport and lack of knowledge of the welfare system. Elder abuse and neglect are on the rise in our community.”
It would be safe to extrapolate that the figures registered by Age Concern is just a tip of the iceberg. Age Concern Elder Abuse and Neglect Prevention Services saw 22 Indian clients in the year 1 Jul 2012 – 30 Jun 2013.  “This is 1.2% of the clients seen by the service,” said Louise Collins, National Advisor Elder Abuse and Neglect Prevention Services.

The 65 years and older population group is expected to grow steadily over the next 50 years. The ethnic make-up of the population is also expected to alter, with the proportion of Maori, Pacific and Asian groups (from 4% to 8% ) increasing relative to the current majority of those of European descent as per Statistics New Zealand.

Work of organisations like Shanti Niwas is vital in providing older people the care and social life necessary to lead a reasonable quality of life; and also monitor their well-being. The fantastic turnout at the recent event ‘Khushi’ (joy) was testimony to the success of the organization’s efforts in the community.
“The message is that it’s not ok to tolerate elder abuse in any form. Our aim is to help build a society free of Abuse,” said Ms. Venkat.
Since older people keep mum due to stigma and fear, it is important for friends to speak out should they feel that an elder in their community is being abused in anyway – physically, emotionally, psychologically or financially.

Help is at hand: Shanti Niwas Charitable Trust - 09 6221010 | Age Concern New Zealand - 04 801 9338


SOURCE:      The Indian WeekEnder, NZ
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June 3, 2013

Reporting Elder Abuse: You Are Not Alone

Five million elders in the U.S. experience mistreatment and abuse each year. Here are the risk factors and how you can help.
BY SUSAN SCUTTI
MAY 31, 2013

Although estimates on the prevalence of elder abuse vary, it is thought to be at least as common as child abuse. Victims are typically older than 75 years and either physically or mentally disabled. The Senate Special Committee on Aging estimates that as many as five million older Americans may be victims of abuse, neglect, and/or exploitation every year.

Elder abuse in long-term care facilities has long been recognized, yet it continues to gain attention in all likelihood because one in every eight, or 13.3 percent, of the population is currently an older American.

What is Mistreatment?

The National Center on Elder Abuse, established in 1988, defines the major categories of elder mistreatment in these ways:
Physical Abuse - Inflicting, or threatening to inflict, physical pain or injury on a vulnerable elder, or depriving them of a basic need.
Emotional Abuse - Inflicting mental pain, anguish, or distress on an elder person through verbal or nonverbal acts.
Sexual Abuse - Non-consensual sexual contact of any kind, coercing an elder to witness sexual behaviors.
Exploitation - Illegal taking, misuse, or concealment of funds, property, or assets of a vulnerable elder.
Neglect - Refusal or failure by those responsible to provide food, shelter, health care, or protection to a vulnerable elder.
Abandonment - The desertion of a vulnerable elder by anyone who has assumed the responsibility for care or custody of that person.
If you report abuse, either as a witness or victim, you do not need to prove that abuse is occurring; it is up to the professionals to investigate the suspicions.

How to Report Mistreatment
If you or someone you know is in immediate, life-threatening danger, call the police or 9-1-1 immediately. If you have been a victim or a witness of abuse, you are not alone. Relay your concerns to the local Adult Protective Services, Long-term Care Ombudsman, or police. If you have been a past victim, please tell your doctor, a friend, or someone in your family you trust, or call the Adult Protective Services program in your area.
The Eldercare Locator, which is open Monday through Friday, 9 a.m. to 8 p.m. EST, can be reached at 1-800-677-1116. When making the call, be ready to give the name, address, and contact information of the person you suspect is abused or neglected, and details about why you are concerned. Operators will refer you to a local agency that can help.
You may be asked a series of questions to help the agency gain more insight into the nature of the situation. You will be asked for your own name, address, and telephone number, but most states will take the report even if you do not identify yourself. The professionals receiving your report are prohibited from releasing your information; they may not disclose your identity to the alleged abuser or victim.

History
Congress passed the Older Americans Act (OAA) in 1965 in response to concerns about a lack of community social services for older persons. Today, the OAA is the major vehicle for organization and delivery of social and nutrition services for older Americans and their caregivers. It authorizes an array of service programs through a national network of 56 state agencies on aging, 629 area agencies on aging, nearly 20,000 service providers, 244 tribal organizations, and two Native Hawaiian organizations representing 400 tribes. The National Center on Elder Abuse is under the auspices of OAA and AoA, which is overseen by the U.S. Department of Health and Human Services. The OAA also includes community service employment for low-income older Americans, vulnerable elder rights protection activities, and training, research, and demonstration activities in the field of aging.
Ongoing research on issues of aging is necessary in order to mold policy and laws that protect the elderly.

Studies
Using data from the federal On-Line Survey and Certification System (OSCAR) from 2004 to 2009, a 2010 study from the University of California, San Francisco noted that state agencies reviewed 15,658 nursing homes with 1.66 million beds. The study finds that in 2009, 24.7 percent of the nation's nursing facilities received deficiencies for poor quality of care, causing direct harm or injury to residents, and nearly half (45 percent) of nursing homes failed to ensure a safe environment for their residents, representing a three percent increase since 2004. Another study surveyed 577 nurses and aides from 32 nursing homes and revealed that 70 percent had witnessed a fellow nurse or aide yelling at a patient in anger and 33 percent had done this themselves. A survey of 80 non-demented nursing home residents revealed that 44 percent felt they had been physically abused and nearly half (48 percent) felt they had been handled roughly by nursing home staff.

Where Are You?
In 2011, the population of Americans 65 or older numbered 41.4 million out of a total population of 312.8 million. Yet, the 65 and over population is projected to increase to 79.7 million in 2040 (27 years from now). It is important to remember that individuals who reach age 65 have an average life expectancy of an additional 19.2 years (20.4 years for females and 17. 8 years for males).
Currently, older women outnumber older men at 23.4 million older women to 17.9 million older men. Older men are much more likely to be married than older women - 72 percent of men versus 45 percent of women. In 2011, almost 3.6 million elderly persons (8.7 percent) were living below the poverty level. The 85 and over population, those most likely to experience abuse, is estimated to increase from the 5.7 million counted in 2011 to 14.1 million in 2040.
Clearly, it is essential that elders, along with their families, friends, caregivers, and compassionate health care workers, are able to recognize risk factors, and understand the definition of and know how to report elder abuse.

(Source: Vognar, L, Buhr, G. Elder Abuse in Long Term Care: A Growing Problem. Journal of the American Medical Directors Association. 2011)


SOURCE:        The Medical Daily
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Taking Precautions To Protect The Elderly

BY CHRISTOPHER J. AVENTURO

Litigation often reveals the steps that might have averted problems, however. Some proven, practical and preventative measures for empowering and protecting our seniors against many forms of elder abuse follow.

Guarding Against Fraud: Planning and Precautions in Three Areas

1. Monitoring

Family and loved ones can be proactive and helpful through:

• Regular and consistent monitoring of assets, account statements, and important documents. This process is essential to preventing the exercise of fraud and undue influence upon an elderly or infirm relative;

• First-hand review of mail, recent correspondence and recently updated documents, when undertaken with the loved one’s approval;

• Enlisting the assistance of a trusted local friend or neighbor to help monitor the above information, when family members do not live close to one another; and

• Monitoring asset and account activity by computer (a good idea for those living in different states).

To put these safeguards into effect, family members and friends may need to have frank conversations with the elderly. Besides your attorney, social service agencies and resources can step in and help facilitate these arrangements if needed. Many free resources are available to Westchester residents.

2. Updating Powers of Attorney

Often in cases of financial abuse, the perpetrator procures the elderly person’s signature of a financial power of attorney, giving the agent apparent authority to withdraw funds from bank accounts and perform related financial transactions. Nevertheless, safeguards are available.

• Under a financial power of attorney there remains a legal duty to keep accurate financial records and the document can be tailored to limit the agent’s authority.

• One may designate two or more persons to act as co-agents.

Health care powers of attorney also represent a potential source of abuse. These are designed to ensure that one’s health care wishes are respected when one cannot make or communicate those decisions. Over time, multiple health care directives may be prepared, creating a situation where several different persons may be convinced that each has sole authority to make decisions, even though only one health care agent can act at one time in New York state. These documents should be organized and in some cases earlier directives revoked, in order to prevent future conflicts.

3. Protecting the Integrity of Will or Trust Documents

The will crafted at age 65 may not be appropriate to someone 20 years later. Named beneficiaries may have died; charitable interests may have changed. Valued relationships may have waned; new ones may have formed. Preparing a new will also affords an excellent opportunity to take a comprehensive inventory of one’s assets well in advance of any crisis or harm and to account for the changes. The process may motivate potential heirs to take responsible steps cooperatively towards asset preservation and protection.

Believe it or not, some elderly persons with significant financial assets have not prepared a will at all. This can result in unfortunate conflicts following death. Even worse is the execution of a will when the elderly person is of questionable mental capacity. Instead, it is best to update these documents every few years to reflect changing needs and circumstances.

The adage that “an ounce of prevention is worth a pound of cure” is never truer than in the field of elder law because in most cases, elder financial abuse is preventable.

 Abridged
SOURCE:          WestFairOnline
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May 7, 2013

AGING AND ABUSE


The most recent estimates suggest 1 in 10 seniors are abused, neglected or exploited, and that has serious implications for individuals and communities. Victims of elder abuse are much more likely to end up in hospitals and nursing homes. Seniors lose almost $3 billion a year due to financial exploitation, which leaves them vulnerable and dependent on government or family assistance. With an aging population, elder abuse is only expected to increase, and social service agencies are often not able to keep up. In this five-part series, we look at the complexities of elder abuse in the D.C. region and why the problem is so difficult to address.

WHERE TO GET HELP IN DC, MARYLAND, VIRGINIA

WARNING SIGNS OF ELDER ABUSE

COUPLE TALE OF ABUSE

James and Etta Jennings moved to the Forest Hill neighborhood of Richmond in 1959.  They were young - just married - and the first owners of their red brick ranch house.  They had children and then grandchildren, who gathered in their family room for holidays and learned to swim in their backyard pool.
But when their granddaughter, Jeannie Beidler, approached the home on July 27, 2010, she was confronted by a grim reality.  Paramedics, police and Adult Protective Services social workers were on the scene.
"You could smell the stench of urine and feces," she says, standing at the foot of the driveway.  "From this point, we already knew what we were about to walk into."
The Jennings' son, Beidler's uncle, was supposed to be caring for them, but it became clear very quickly that something had gone horribly wrong.  The Jennings were living without running water or even a fan.  James was confined to a chair.  His blood pressure was high and he was fading in and out of consciousness.  Etta was living on a broken bed crawling with maggots.
Beidler was overwhelmed.
"To think how could this have happened to her?  I can't think of a sadder moment in my life or a heavier moment in my life than that," she says.
It's hard to imagine how a family home could sour and rot as the Jennings' had, or how somebody could watch two elderly parents wasting away.  But neglect is not uncommon, especially for seniors with dementia and complicated medical conditions who are also at risk for physical and emotional abuse, as well as financial exploitation
In a study funded by the National Institute of Justice, approximately 1 in 10 seniors reported being abused or neglected in the previous year, and financial exploitation of seniors is estimated to total $2.9 billion dollars a year.  Victims of abuse are more than twice as likely to die prematurely and more than four times as likely to be admitted to a nursing home or rehab center.


Abridged
SOURCE:      AMERICAN UNIVERSITY RADIO
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April 22, 2013

PA. Supreme Court Forms Task Force to Address Elder Abuse


April 19, 2013 3:09 PM
By JON CAMPISI

The Pennsylvania Supreme Court has created an Elder Law Task Force charged with
Pennsylvania Supreme Court Justice Debra Todd studying the growing problems involved with guardianship, abuse and neglect, and access to justice involving the commonwealth’s senior citizens according to the Administrative Office of Pennsylvania Courts.
The task force, which will be chaired by Justice Debra Todd, has been charged with recommending solutions that include amended court rules, legislation, education and best practices.
“The increased population of older Pennsylvanians has strained the resources of our courts and their ability to provide services to these individuals,” Supreme Court Chief Justice Ronald Castille said in a statement. “The needs of this growing population will continue for years to come, especially in regards to guardianships, elder abuse and access to justice.
“Now is the time to put in place solutions that will allow older Pennsylvanians to age without worries that they will be abused or their money will be taken.”
The task force, which will be comprised of 38 elder law experts including judges, lawyers and social workers, will be made up of three different subcommittees, one addressing appointment and qualifications of guardians and attorneys, one dealing with guardianship monitoring and data collection, and the last focusing on elder abuse and powers of attorney.
The task force will have one year in which to complete its work.
“As a society, we have increased concentration on child abuse, but the issue of elder abuse has not kept pace,” Justice Todd, the task force’s chair, said in a statement. “This task force is the judiciary’s attempt to study the issues under its purview and make adjustments now, before the numbers of older Pennsylvanians and the commensurate jump in abuse, occurs.”
The Administrative Office of Pennsylvania Courts has noted that according to the United States Census Bureau, the over-65 population is now larger in terms of size and percentage of population than it was in any previous census.

The commonwealth currently ranks in at number four in the nation in percentage of citizens 65 and older
To illustrate the problems being addressed by the task force, the AOPC listed three examples of Pennsylvania stories involving elder abuse.
One involved a 64-year-old Lancaster man who depended upon a personal care aide to bathe him, dress him and fix his meals because he is an amputee.
According the police, the aide actually ended up neglecting him so badly that the man developed skin ulcers deep enough to reach his muscle and bone.
The man eventually lost his remaining leg to amputation because of the wounds.
The second example offered was that of a Dauphin County man who stole nearly $380,000 from his 89-year-old great aunt, a retired teacher. The man was the woman’s power of attorney, and he ended up cashing in his aunt’s pension money and Social Security checks.
The final story involved a dying Bucks County woman who had asked a neighbor to handle her personal finances because she was about to enter a nursing home.
Rather than pay the nursing home bills, however, the neighbor allegedly spent the money on luxury vacations, trips to casinos, expensive jewelry and for country club and golf club memberships.
The neighbor is facing 35 years behind bars for the five felony theft charges that have been lodged against him.
“At least these cases were eventually reported,” Justice Todd said in her statement. “The U.S. Administration of Aging’s National Center on Elder Abuse estimates that for every one case of elder abuse reported, five more go unreported. This is shameful, and we need to do better.”
Research funded by the National Institute of Justice showed that nearly 11 percent of people 60 years of age and older suffered from some sort of abuse in 2009.
The task force’s work coincides with the passage of Senate Bill 620 last month that makes changes to Pennsylvania’s powers of attorney law designed to help protect against elder abuse.
The legislation gives courts more power to act if financial abuse is suspected of those who hold power of attorney, and it would require the signature of those granting power of attorney to be acknowledged in the presence of a notary public.

The proposal also protects third parties from liability by ensuring that powers of attorney are legitimately executed.
In prepared comments, Sen. Stewart Greenleaf, the Montgomery County Republican behind the measure, said that the legislation “would provide significantly more protection against those who are seeking to defraud the elderly. Recent cases in Pennsylvania have demonstrated the need for more oversight for those who are being given power of attorney. The elderly are highly vulnerable in these situations, and are too often taken advantage of.”


SOURCE:         The PennRecord
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March 13, 2013

Elderly Abused by Families in Fiji


3 October 2012

This week the elderly were recognized in a special International Day of Older Persons.
The occasion in Fiji was recognised by a gathering organised by the Fiji Council of Social Services.
But it seems not everone reveres our older citizens - a survey conducted by FCOSS claims that many senior citizens in the country are abused.
Presenter: Geraldine Coutts
Speaker: Hassan Khan, FCOSS Executive Director

KHAN: The focus of his discussion is largely the overall view of the situation of elderly and the different types of services that are available through government and civil society organisations and highlighted also the Fiji National Policy of Ageing and Elderly which was one of the actions that FCOSS promoted three years ago and asked our advocacy and our submission of the first draft of this policy. It has now been approved by the Cabinet and we also celebrated the first anniversary of the establishment of the National Policy on Ageing in Fiji, which is now a government document.

COUTTS: Now moving on to I suppose what could be deemed the challenges of an ageing population in this 21st Century and the need to promote and develop the society of all ages and the security that older people need. But you conducted a survey and you came across some challenges of your own that some elderly citizens are being abused?

KHAN: Yes. I think from what we heard from the older persons in various districts of Fiji, these were largely focus group discussions of people that were more or less randomly picked or they just came along, they heard about it. Their voices were that one of the main complaints was that their difficulties, challenges they face is financial, because those who have got some kind of pension, they're pension value is much less now because of the rising cost of things and the other thing is that all the pensioners on the Fiji National Provident Fund suffered cutback between 15 to 20 per cent and that reduced the capacity to buy their medicines, etc. for other things, so that's the main issue. The other one was the health issue, the access to health and their poor health conditions etc and the availability of healthcare and the cost of medicine etc. and for them to care for their own health is also seriously compromised because of this reduction of the pension.

The third thing that has come up and this is a hidden reality in Fiji, the scale of elder abuse that is happening. In fact they termed the reduction in their pension as elder abuse, they termed the inaccessibility or that they cannot afford the medicine as also a type of elder abuse. There are a number of elderly who have their allowances or their family assistance allowances they're getting is less and also a lot of them have been abruptly cut off because of the review by the World Bank and the poverty situation in Fiji and need by the authorities that they needed to trim down the number of people, while they accept the fact that there are people who may be abusing, but this was also a case. So the abuse of elderly is in various forms like psychological and emotional abuse, there is physical abuse, neglect and abandonment, cases of sexual abuse, economic or financial, robbery, theft, all these things come in. Most of this abuse are hidden, because the elderly are in such a situation where large, a number of this abuse is done within the cultural and family context and they have no other place to go. So if somebody complains about it, we have to be very careful what we complain about etc. and do we have the capacity to look after them is the issue I think, all the civil society organisations and other government agencies are mindful of that and this is why everyone is prodding very gently and but time has now come to openly acknowledge the fact that there is abuse and that we need to do something about it, education and other things. So that is the situation we are in now.

COUTTS: And the abuse because the rate of the elderly is increasing, the populations getting older, but is there also a statement of the fiscal constraints on families now that they actually can't afford to look after their families extended members of the family anymore, because of the poverty that's increasing in Fiji?

KHAN: Exactly, there are cases where the old is looking after the very old. People in their late 50s or in 60s now looking after their parents or grandparents in 80s or late 80s. So with almost 10 per cent of the population 800,000 elderly. This includes 55 plus because government's retiring age is 55 and the president himself said with that reality of retirement at 55, he says it would safely to conclude that everybody over 55 is in the category of elderly and he put that figure at 10 per cent. This was between 10 and 11 per cent more.

COUTTS: Is that a policy Mr Khan that needs to change, does the retirement age need to be raised?

KHAN: Well, we have been Council of Social Services is the only organisation that says that there should be no retirement age. People should work as long as they want to work and as long as they are physically and mentally fit to work. But that change, we cannot see any change at the moment. But in the national policy, there is a clause that says that people should work as long as possible, but we are taking that on point and point out to them that you have it on the document that you've approved, but each organisation or government it's up to them when they retire people. But people don't want to have retirement age, but this is something that we have to live with.

This is why they have called for a social pension, because everybody in Fiji pays 15 per cent tax, that is the value added tax, VAT. So on that basis, the elderly, because those were an FNP Pension that has been reduced by 15 to 20 per cent so plus 30 per cent of their money is already out, so that is the stage. This is why they have called for a social pension, universal social pension like the ones in Samoa and Cook Islands where they get $500 per month. Everybody who turns 60 gets that and we feel that the same should be given in Fiji. Furthermore, everybody in the rural areas and the farmers, they have had no pensions, they have not been on FNPF. There have been no other support for them. They are completely without any financial support in all this. For them, they've called for $1,000 a month pension, social pension, and this is something that we have been proposing to the government for the last two years in the budget. Nothing has happened, but we hope that a start would be hopefully made for 2013 in the 2013 budget.


SOURCE:          RadioAustralia
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