Legislators Approve Funding to Help Law Enforcement Fight Elder Abuse (NY USA)

August 14, 2015

WHITE PLAINS, NY --The Westchester County Board of Legislators (BOL) and County Executive Rob Astorino have teamed up to deliver funding that would provide enhanced training to municipal law enforcement agencies to help them address elder abuse, neglect and exploitation including sexual assault, domestic violence, dating violence or stalking, involving victims who are 50 years of age or older.  According to AARP, there are 108.7 million Americans in that age group.

On Monday, the BOL unanimously approved an inter municipal agreement (IMA) between the County and the Town of Greenburgh that would finance the Greenburgh Police Department’s participation in an interdisciplinary partnership to train other law enforcement agencies to better identify and intervene in cases of elder-abuse.

The funding, which totals, $15,880.00 is derived from a grant the county successfully applied for from the United States Justice Department’s Office on Violence Against Women.  The IMA extends through September of 2017.

Seniors and Constituencies Committee Chair Legislator Bernice Spreckman (R) Yonkers has been a very vocal advocate for Seniors throughout her years of public service.  “I hear very disturbing stories about abuse among our seniors.  Many are afraid to speak out because they think it will only make the abuse worse.  While our police agencies do an excellent job of keeping seniors safe, I think this enhanced training will give them more tools to identify when elder-abuse is happening, especially when the victims are afraid to speak up.”  Legislator Spreckman added, “People are living and staying active longer these days.  Naturally, issues that our society has traditionally associated with younger people are now confronting older residents as well.  Things like sexual assault, domestic or dating violence and stalking are happening to people later in life.  We need to make sure our law enforcement community understands these issues and knows how to handle them.”

County Executive Rob Astorino is expected to sign the IMA this week.  "Elder abuse sadly does occur and it's often not reported.  This IMA broadens training among our local police to enable them to be better equipped to identify cases of elder abuse and intervene to stop it and protect our elderly seniors," said Astorino.

Legislator Sheila Marcotte who is a member of the Seniors and Constituencies Committee and Chair of the Budget and Appropriations Committee praised the funding as an important investment.  “I am thrilled to support this partnership because of the important need that it addresses but I am especially happy that it equips our law enforcement community, through curriculum approved by the Department of Justice to be ‘trainers’ themselves.  This modest investment will allow our law enforcement community as well as our non-profit partners to continue this type of enhanced training for years to come.”

Legislator David Gelfarb (R) Rye Brook is Chair of the Public Safety Committee.  “This agreement provides our law enforcement community very important training in identifying and  responding to elder abuse.” Gelfarb said, “Our seniors deserve all we can do for them when it comes to their safety and health.  This initiative will better equip our first line responders in protecting  our older friends, family and neighbors.”

Other groups involved in the interdisciplinary partnership are, The Pace Women’s Justice Center, the Westchester District Attorney’s Office, Victim’s Assistance Services and The Weinberg Center for Elder Abuse Prevention at The Hebrew Home.

SOURCE:    Talk of the Sound

__________________________________________
Click for Updates, More Cases and Resources
Search LABELS for More Resources

White House Conference on Aging Abuses Elders by Ignoring Injustice

Post Conference Disappointment and Anger

July 19, 2015

It can be concluded from other post-conference e-mail reports that Tom Fields and others did their best before the July 13th WHCOA, and during the conference itself, to address the current rampant abuse by legal professional guardians.  Mr. Fields, wishing he could have applauded the conference for doing so, instead encountered a conference that never touched upon the topic, the same having occurred in nearly every other such forum conducted by the administration's government. They include the Elder Justice Coordinating Council that was created by the Elder Justice Act (and mentioned during the conference); the Administration on Aging (and its parent, Health and Human Services); and the U.S. Senate’s Special Committee on Aging.

As Mr. Fields wrote in one of his e-mails:

"Not only did the WHCOA refuse to address such abuse, but it impeded efforts by myself and others from doing so.  How?  First by demanding that I stop circulating a handout at the regional forum which I attended, and second by refusing to share tweets which I and others sent during the conference."

In that the conference could and should have tried to help advocates like Tom Fields network with other advocates, it didn’t accomplish this. Instead, it pushed its own agenda, one which deliberately ignored the issue identified by the tweet noted above, further exemplified by this 3-minute ABC News video presented on-line, which the conference refused to play and discuss.

Abridged

SOURCE:   The Heartlander Magazine

____________________________________
Click for Updates, More Cases and Resources
Search LABELS for More Resources

Prosecuting Elder Abuse Bill Goes to Committees

By Cindy Swirko
Staff writer
February 22, 2014

With elder exploitation already a problem in a state rich with seniors, a proposed bill that may make it easier to prosecute cases is making its way through legislative committees.
House Bill 409 proposes to modify existing laws to create a "presumption of exploitation" when someone takes advantage of an elderly or disabled victim. It also would provide criminal penalties for joint holders of a senior or disabled person's bank account who take money for their personal use.
Gainesville attorney Shannon Miller, who specializes in elder law, is part of a panel of lawyers, legislators and others from across Florida who developed the bill.
"When it comes to getting these criminal cases prosecuted we have literally beat our heads against the wall. Before this year we had no prosecutions in Alachua County on elder exploitation cases. None. Not a single prosecution," Miller said. "The problem the prosecutors have had is the statutes are really hard. You have to prove deception and intimidation. This legislation that is pending is literally groundbreaking."
Area prosecutors are mixed on whether proposed changes would help. Eighth Circuit State Attorney Bill Cervone, in Gainesville, believes they would, while Fifth Circuit Assistant State Attorney Mark Simpson, in Ocala, is skeptical. Simpson heads the special prosecutions unit.
The presumption of exploitation would apply when someone is not a family number, has known the victim fewer than two years and a transfer of assets occurred. The victim must be disabled or more than 60 years old.
Miller said no other state has such a presumption.
Cervone said a presumption of exploitation would make it easier to prosecute cases.

Abridged
SOURCE:      Gainsville Sun
_______________________________________
Click for Updates, More Cases and Resources
Search LABELS for More Resources

Georgia House Panel Backs Tougher Penalties Against Elder Abuse

By ANDY MILLER 
GEORGIA HEALTH NEWS
February 18, 2014

A Georgia House panel on Monday approved a bill that would toughen penalties for operating an unlicensed personal care home, raising a first offense to a felony from a misdemeanor.
The vote came after compelling testimony from Marietta Police Chief Dan Flynn, who described to the House Health and Human Services Committee two cases of abuse in unlicensed Cobb County homes.
In one case, Flynn said, a woman in her 50s with dementia was kept in a garage in a “sweltering hot” home and was deprived of food and medicine.
The owner in that case, after a plea bargain, was given just a one-day sentence, with credit for time served, Flynn said.
“That really got our attention,” he said.
In a second case, Flynn testified about a Cobb woman accused of physically abusing elderly patients who police say were living in squalor at an unlicensed Marietta adult care home.
“We called it a house of horrors,” he said.
The woman has denied the abuse charges.
Unlicensed personal care homes have been a problem in Georgia for years. Many of the residents are frail seniors and are unable to defend themselves from abuse.

Morris News Services reported last year that the number of reported complaints of physical, mental and financial abuse of Georgia’s elderly rose 65 percent between 2008 and 2012.
And the National Center for Elder Abuse estimates that more than 80 percent of instances of abuse, neglect and exploitation go unreported.

“We’re seeing a lot of this,” said Brad Smith, a district attorney for a circuit that includes Jackson and Barrow counties. “There’s a lot of (unlicensed homes) out there.”
Authorities raided Alzheimer’s Care of Commerce in July following allegations that staff there assaulted, restrained and over-medicated patients. The center, which employed convicted felons, is also under investigation for the possibility that some deaths were homicides.
The owner and 20 employees were arrested following the raid.

Georgia Health News (georgiahealthnews.com) is an independent news organization devoted to covering health care in the state.

SOURCE:       Online Athens
_____________________________________
Click for Updates, More Cases and Resources
Search LABELS for More Resources

Survey: Half of Delhi's Elderly Would 'Sue Their Children' If They Faced Abuse (INDIA)

By HEENA KAUSAR
24 January 2014

Fifty per cent of the Delhi's senior citizens are willing to take their children to courts if they face abuse at their hands, according to a recent DU study.
A majority of them, however, maintained that they will prefer to sort out the issues within the family.
Conducted by Professor NK Chadha and Assistant Professor Sarabjit Kaur Sran, the study revealed 86 per cent of the surveyed people found it difficult to approach the police and courts due to their "insensitive nature".
A mere 30 per cent were aware about the Maintenance and Welfare of Parents and Senior Citizens Act and its benefits.
While 90 per cent of the respondents said they have come across an elder abuse case, none of them have ever come across anyone who benefitted from the Act.
According to the study, the Act was seen an attack on the traditional Indian family system by 96.67 per cent of the citizens.
As per the Act, tribunals are empowered to fix a monthly maintenance allowance up to Rs 10,000.
Failures can lead to a fine up to Rs 5,000, or threemonth jail, or both.
"As many as 75 per cent of the surveyed people said the reasons for children not taking care of their parent are change in the social fabric, influence of western culture and increase in individualistic approach towards life," Chadha said.
One of the reasons why cases of abuse go unreported is because parents do not want to go against their children.
"Ninety eight per cent of the elderly who face abuse do not file any complaints against their perpetrators as they are not aware of their rights or are unable to communicate their plight due to their poor physical condition," he said.

 A total of 300 respondents had participated in the survey.
Three age groups – (60- 80 years), (30-45 years) and (18-22 years) – consisting of 100 respondents each participated in the exercise

SOURCE:       The Daily Mail, UK
________________________________________
Click for Updates, More Cases and Resources
Search LABELS for More Resources

Daughter Of Elder Abuse Victim Wins Case Against Carer

By Sam Strangeways
Oct 16, 2013

The adopted daughter of alleged elder abuse victim “Auntie Em” has won a six-year legal battle with her mother’s former carer.
Chief Justice Ian Kawaley ruled in the Supreme Court that Rosamund Hayward does not have to pay Yvonne Dawson $25,000 in unpaid fees, as she was ordered to do by a magistrate in 2010.
But Mr Justice Kawaley said Ms Hayward’s “apparent unwillingness to live up to her moral obligations” in relation to contributing to the cost of care for her mother was “on the face of it, not just unreasonable, but bordering on the outrageous, considering that she is seemingly entitled to inherit her mother’s home”.
He said it was difficult to see why Ms Hayward shouldn’t pay for her own costs in the long-running civil case, adding: “It is to be hoped that [Ms Dawson’s] legal advisers will have the ingenuity to find some means of achieving some measure of financial justice for her.”
The harrowing case of “Auntie Em” — whose real name was Wilhelmina Liburd — was revealed by The Royal Gazette in September 2007, when her nephew Stephen Woodley and Ms Dawson told of the terrible conditions she was found living in at the family home in Upland Street, Devonshire.
Ms Dawson described seeing cockroaches crawling across the senior’s skin and food, while environmental health officers declared the property unfit for human habitation due to clutter, dirt, roach and rodent infestation and droppings, unsanitary water, roof fungus and bed bugs.
The near-blind great-grandmother, who lived with Ms Hayward and other family members, moved temporarily into Ms Dawson’s home to be looked after.
She ultimately ended up at King Edward VII Memorial Hospital, where part of one leg was amputated due to gangrene.
Mrs Liburd died in 2011, aged 98, at the hospital’s Continuing Care Unit and Ms Hayward has never faced any criminal charges in connection with the alleged mistreatment of her mother.
Ms Dawson launched legal proceedings in 2007 against Ms Hayward, the only child of Mrs Liburd and her late husband, to recover money she claimed she was owed for caring for the senior at weekends.
Mr Woodley, she said, hired her and paid for her weekday fees, with Ms Hayward agreeing to meet the costs of weekend care.
Magistrate Tyrone Chin provisionally ruled in May 2008 that there was a contract between the parties and, in December 2010, reaffirmed that decision, ordering Ms Hayward to pay $25,000, plus $70 costs.
Ms Hayward immediately appealed the decision but it took until last month for a judgement in the case, when Mr Justice Kawaley agreed with her lawyer Ray DeSilva’s argument that Mr Chin’s decision was “plainly flawed” because it had not been shown that a legally enforceable contract existed between the two women.
The magistrate referred to one payment of $280 for weekend services in October 2006 as evidence of Ms Hayward’s agreement to a contract.
That wasn’t sufficient, according to Mr Justice Kawaley, who wrote: “The learned magistrate did not support his finding that a contract existed by reference to any other specific aspect of the evidence adduced at trial in support of [Ms Dawson’s] case.
“Nor did he make any express findings on the issues which formed the basis of [Ms Hayward’s] submission of no case.”
He said the 2010 judgement simply reaffirmed the earlier ruling, adding: “It follows that if that ruling is not supportable, neither is his final judgement. The appeal is allowed on the ground that [Ms Dawson] failed to prove her case.”
The Chief Justice said it seemed obvious that Ms Hayward was “at a minimum, morally obliged to contribute to the costs of her mother’s care”.
The magistrate’s decision, he added, appeared both pragmatic and consistent with ordinary notions of justice, in that it would have meant Ms Dawson was paid for her “valuable services” and Ms Hayward, who was willing to receive the benefit of her mother’s property, would have to contribute to Mrs Liburd’s care.
But the judge agreed with Mr DeSilva that it did not meet with strict legal principles and should be set aside.
Mr Justice Kawaley said the case took too long to deal with and changes were needed to the law to ensure “more active case management” of civil matters by the Magistrates’ Court, with the help of counsel.
Neither Ms Hayward nor Ms Dawson could be reached for comment yesterday. Mr DeSilva told this newspaper he could not comment on the judgement until he had spoken to his client, as did Richard Horseman, lawyer for Ms Dawson.

SOURCE:       The Royal Gazette
______________________________________
Click for Updates, More Cases and Resources
Search LABELS for More Resources

Focus On Crimes Against Older People in Crown Office Guidelines

14 October 2013

Crimes against older people will be given increased scrutiny under new Scottish prosecution guidelines.
The policy outlines offences including domestic abuse, bogus callers, scams, housebreaking and assault.
The Crown Office and Procurator Fiscal Service focus on crimes of vulnerability or hostility based on age was welcomed by campaigners.
A COPFS spokesman said the policy advocated a strong presumption in favour of prosecution.
The offences covered range from abuse in the home and anti-social behaviour to investment scams and housebreaking, where the fact the occupant is older is exploited by a thief.
Negative impact
The COPFS said the Older People's Policy reflected an ageing population and the negative impact being a victim of crime can have on older people.
Solicitor General for Scotland Lesley Thomson QC said: "No-one should live in fear of crime. Criminals profiting from others is particularly detestable when they prey on the more vulnerable in our society.
"We know from the research that incidents of elder abuse are under-reported to criminal justice authorities.
"Some of the reasons for this include: difficulty in communicating allegations; mental health; fear; embarrassment; or language barriers where the victim's first language is not English."
She added: "The Scottish prosecution service is committed to meet the particular needs of older victims and witnesses and to treat them with the respect they deserve."

Victim Support Scotland and Age Scotland both welcomed the move.
Greg McCracken, from Age Scotland, said: "We would encourage others with a stake in the justice system to consider what steps they should take to take account of older people's specific needs."

SOURCE:       BBC, UK
_____________________________________
Click for Updates, More Cases and Resources
Search LABELS for More Resources

New Legislation Will Protect Older Adults In North Carolina From Fraud

New legislation will protect older adults in North Carolina from fraud
Sep. 07, 2013
By Mebane Rash, guest columnist

Although schemes to rip off unsuspecting seniors are not new, what is new is the growing population of older adults in North Carolina, the increased sophistication of scams using the Internet and the international scope of this crime.
These scams take place statewide.  For example, in Durham County, an unlicensed securities trader was charged with encouraging older adults to roll over their retirement funds into his care, which he then invested in businesses.  In Orange County, an older adult received an email as part of a scam claiming that there was a problem with his online checking account.  The email asked him to provide personal financial information and passwords to sensitive accounts.  He did, and he became a victim of fraud and identity theft.
Scammers do not discriminate, targeting elders of all socio-economic brackets, all races, both male and female.  Some risk factors include being homebound, having memory impairments, possessing assets that are easily converted to cash and the expectation that often seniors are just more polite.
The stories of fraud against the elderly across this state are rampant and appalling.  It is even more tragic when the fraud is carried out by relatives, family friends or caregivers.
The most recent data from the Federal Trade Commission shows North Carolina already ranks 24th among the 50 states in the number of fraud complaints per capita and 23rd in the number of identity theft complaints per capita.  The Federal Trade Commission says that people over 50 account for almost one-half of all consumer fraud complaints, and more than a third of all identify theft complaints.  These figures are likely to go up quickly as the huge baby boom generation started turning 65 in 2011.  By 2020, 820,000 more baby boomers will turn 65 in North Carolina, so that’s 820,000 more targets for scammers.  In 2012, the FTC listed Durham as a hot spot for consumer fraud complaints.  The N.C. Center for Public Policy Research conducted research on this important issue and made recommendations to the legislature.
To combat this crime, Senator Stan Bingham, R-Davidson, sponsored Senate Bill 140 (signed into law by Gove. Pat McCrory as Session Law 2013-337) to protect against the financial exploitation of older adults.  Representative Hugh Blackwell, R-Burke, shepherded the bill through the House.  The bill passed the Senate 47-0 and the House 111-1.  This legislation will increase the recognition of fraud committed against the elderly and work to prevent it, increase reporting when fraud is suspected, and increase the prosecution of those who would defraud or financially exploit the elderly.  It also continues the work of the Task Force on Fraud Against Older Adults, co-chaired by Senator Bingham and Representative Blackwell.

Abridged
SOURCE:         The Herald Sun
____________________________________
Click for Updates, More Cases and Resources
Search LABELS for More Resources

New State Law Seeks To End Abuse Of The Elderly

By: Amy Lipman
Aug 16, 2013

GRAND JUNCTION, Colo. (KKCO)

 A new Colorado law is looking to put a stop to abuse of senior citizens.
"We have a responsibility to make sure that as our senior’s age, when they become more vulnerable that we have the right resources at the right time to help them age with grace," said Reggie Bicha of the Colorado Department of Human Services.

Colorado was previously one of three states that did not require professionals who work with those above the age of 70 to report suspected cases of abuse.

The law covers a range of cases from physical abuse to financial exploitation.
"Folks who have saved their entire life to care for themselves and their families as they get older, to have a family member, a neighbor, a friend come in and take advantage of those resources and exploit them," Bicha said. "We need to stop that."

The law, which goes into effect July 2014, will give counties more resources to better train those who work with senior citizens.

It also will attempt to reduce the ratio of professionals to elderly people from 50 to 1, which law supporters say is one of the state's highest, to 25 to 1.

SOURCE:       The NBC11 News
_______________________________________
Click for Updates, More Cases and Resources
Search LABELS for More Resources

Appeal Court Says Hospital Wrong to Administer Anti-Psychotic Drugs Without Consent (CANADA)

August 8, 2013

A glimmer of hope appeared last week in the battle to restore the fundamental right of Canadian citizens to choose to give or withhold consent to medication.

A panel of judges in Ontario’s highest court has just overturned previous rulings that permitted a doctor to administer antipsychotic drugs to a patient without her knowledge and against her will.
According to an article in the National Post, this ruling “reinforces a patient’s right to refuse medication,” which the Supreme Court of Canada upheld in 2003. Given the flood of similar cases received by Seniors at Risk, this right to withhold consent has been routinely trampled by our publicly funded doctors, hospitals and nursing homes, often with the aggressive support of lawyers and judges, which this case chillingly demonstrates.

When Amy Anten was hospitalized in November 2009 for treatment of lupus, staff at St. Michael’s Hospital in Toronto began secretly “slipping an antipsychotic drug (risperidone) into her orange juice” without her knowledge. Later, after she was injected with risperidone, she noticed side effects, asked questions and strenuously objected that the harmful side effects outweighed any potential benefit.
Consent and Capacity Board criticized by three-judge panel
Ontario has a Consent and Capacity Board (CCB) whose job is to arbitrate disputes about whether a patient’s right to informed consent (or that of the person’s substitute decision maker) are being respected. In January 2010, Amy Anten went to the CCB asking them to stop Dr. Shree Bhalerao, the St. Michael’s Hospital doctor who apparently authorized the secret administration of the drug, from exerting his will against her wishes.

Abridged
SOURCE:       Seniors At Risk

___________________________________
Click for Updates, More Cases and Resources
Search LABELS for More Resources

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
___________________________________
Click for Updates, More Cases and Resources
Search LABELS for More Resources

New Chinese Law: Visit Your Parents

By Meng Meng and Katie Hunt, for CNN
July 3, 2013

Hong Kong (CNN)

Lola Wang, a 28-year-old marketing officer in Shanghai, makes a six-hour trip to Shandong province in eastern China to see her parents twice a year -- once during the Lunar New Year and again during the National Day holiday in October.
"I feel like I should visit my parents more but having a job in the financial industry means I have to work long hours and sacrifice some of my personal time for work," Wang, an only child, tells CNN.
Wang's dilemma is faced by many young people in China, where a one-child policy and three decades of economic reforms have accelerated the decline of the traditional extended family.
It's also a matter of concern for China's new leaders as they grapple with the burden of supporting the growing number of elderly people.
A new national law introduced this week requires the offspring of parents older than 60 to visit their parents "frequently" and make sure their financial and spiritual needs are met.
"People are accusing young people of not visiting their parents enough," says Wang, adding she agrees with the aims of the law.
"Admittedly, some of them use their career and long working hours as an excuse. My problems are that I do care about my parents, but I have little vacation and my parents live far away."

According to the state-run Xinhua news agency, China had about 185 million people above the age of 60 at the end of 2011. The figure is expected to surge to 221 million in 2015 and by 2050 a third of China's population will be classed as elderly.
Neglect
The "Law of Protection of Rights and Interests of the Aged" was amended by China's legislature in December after a spate of reports about elderly parents neglected by their children.
In one particularly horrific case in China's eastern Jiangsu province,a local television station reported that a farmer had kept his 100-year-old mother in a pigsty with a 440lb sow.
Chen Shoutian told the station his mother had been happy to live there: "She wants to stay here because she feels it is convenient," he said.
A modest pension and social welfare system, particularly in rural areas, means elderly people are usually dependent on their children for support.
More than a fifth live below the poverty line, according to figures from the National School of Development at Peking University.
Changing values
Although respect for the elderly is still deeply engrained in Chinese society, traditional values like filial piety have been weakened by the country's rush to modernity.
"The traditional family support system is eroding for many reasons and I think the government would like to slow this process down," said Albert Park, the director of the Emerging Markets Institute at the Hong Kong University of Science and Technology.

The law stipulates that children cannot give up their inheritance rights in attempt to evade their duty to take care of their parents. It adds that children should pay a monthly allowance to their parents if they refuse to take care of them.
The legislation also allows for the elderly to sue their children but does not specify the process or what penalties they might face.
It may also prove difficult to enforce, says Ding Yiyuan from Beijing Yingke Law Firm. He told the Guangzhou Daily newspaper the law fails to qualify the word "frequently." He added that few elderly people were likely to sue their own children.
First case
On Tuesday, XInhua reported that a 77-year-old woman from Jiangsu city of Wuxi sued her daughter for neglecting her. In the first case after the new law came into effect, the local court ruled that her daughter must visit her at least twice a month and provide financial support.
But the law's introduction has proved controversial. Some say it puts too much pressure on those who move away from home for work, study or other opportunities.
Cheng Zhegang, 50, whose only child is studying for a master's degree in the United States, said the law "distorts the parent-child relationship."
He hopes his daughter will head to a big city like Shanghai or Beijing to find a job on graduation and not return to the small town where she grew up.
"I don't want my daughter to have a burden both physically and spiritually," he told CNN.
"For me, my daughter's career is the most important thing. As the parent of an only child, I have spent so much time and money on my daughter's education and now I want her to be successful."

SOURCE:       CNN
_____________________________________
Click for Updates, More Cases and Resources
Search LABELS for More Resources

New Laws Clamp Down on Elder Abuse

May 24, 2013

A new legislative act will help protect senior citizens from abuse, neglect and exploitation.
The Protecting Alabama’s Elders Act, passed this week by the Alabama House and Senate, better defines abuse of the elderly and strengthens financial protection for individuals 60 and older.
Among the changes, the law defines three degrees of elder abuse and neglect, ranging from a Class A felony for intentional abuse and neglect that leads to serious physical injury to a Class A misdemeanor for reckless emotional abuse.
Among the biggest changes, however, is the financial exploitation rule, which now gives law enforcement the ability to arrest individuals with power of attorney if they are exploiting a senior citizen.
“One of the things that we’ve noticed a great deal of lately, we see a lot of financial exploitation going on, both in terms of the classic con artists who talk them out of their money, but also increasingly a number of family members who exploit their elders,” said Clayton Davis, a local attorney. “For example, an individual may have power of attorney and begin to misuse that power, and the individual with power of attorney begins paying his or her own bills out of the elder’s account or even simply taking the money, taking control of it and at some point abandoning the senior.”
Prior to passage of the new act, reclaiming a senior citizen’s money from a family member was an uphill battle.
“The problem prior to the act passing was that law enforcement and prosecution could not get involved and do anything about power of attorney abuse cases because there were no criminal sanctions for that,” Davis said. “That meant the elder would have to file a civil lawsuit against the relative or con artist, otherwise Medicaid would not cover them if they needed nursing home care.”
Further complicating matters, if the court ruled in favor of the senior citizen, the defendant could file for bankruptcy and wipe out the payments owed, Davis said.
“The big thing about the new act is stiffer penalties for things that already were illegal and some completely new things, like abusing power of attorney, can result in criminal penalties now,” Davis said. “We’re very excited about the new law, as it gives us some new tools to pursue people doing this and may also deter some people who would otherwise not have been deterred.”
Debbie Reed, manager of Rose Hill Senior Center, also hopes the act works as a deterrent.
“People basically are good people, but sometimes they might make decisions that aren’t the best for seniors,” Reed said. “This law might encourage them to ask questions before they do things off the cuff without consideration of the repercussions. You really need to become educated about what you’re doing when your dealing with a senior.”
Davis said most elder abuse cases involve more than $2,500 and will now result in felony charges.
The new law classifies first-degree financial exploitation of an elderly person as any financial exploitation of a person 60 or older as a Class B felony if the value of the property taken exceeds $2,500.
A value between $500 and $2,500 warrants a Class C felony, while anything less than $500 is a Class A misdemeanor.

SOURCE:       The DothanEagle
____________________________________
Click for Updates, More Cases and Resources
Search LABELS for More Resources

Governor Signs Elderly Abuse Law (Georgia USA)

Kevin Hall The Moultrie Observer
May 3, 2013

MOULTRIE — Georgia Gov. Nathan Deal signed into law on Friday a bill to help fight abuse of the elderly, and he came to a Moultrie personal care home to do it.

House Bill 78, sponsored by Rep. Wendell Willard, R-Sandy Springs, and five others, increases the number of mandated reporters of abuse and collects the language of various state laws on the matter into a single act, according to remarks by Deal and Commissioner Clyde Reese of the Department of Human Services.

Reese said in the current fiscal year, the Department of Aging Services, a division of his agency, is investigating 2,100 cases of elder abuse, 2,700 cases of financial exploitation, 3,600 cases of neglect, 3,700 cases of self-neglect and 73 cases of sexual abuse of an elderly person.

“We want to make sure we don’t allow people to abuse the elderly of our state,” said Deal, a former prosecutor.

The changes made by the new law will make prosecution of crimes against the elderly easier, he said. It also expands similar protection to disabled adults of any age.

SOURCE:         The Moultrie Observer

_________________________________
Click for Updates, More Cases and Resources
Search LABELS for More Resources

Lawmakers Push New Elder Abuse Bill

Apr 23, 2013
By WBRC Staff - email
BIRMINGHAM, AL (WBRC)

Several Birmingham lawmakers are taking a step toward fighting elder abuse. They joined Senator Cam Ward in Alabaster on Monday to update the progress of new legislation.
Researchers say 6,000 cases of elder abuse are reported each year, but these lawmakers fear many are not reported. That is why state lawmakers are pushing for this bill
According to experts, neglect and financial exploitation are the most common problems when it comes to elder abuse.
Sen. Ward authored the bill and Monday, he spoke to senior citizens in Alabaster about the specifics of the bill.
Part of that talk included sharing the story of Virginia Frick, who from 2006 to 2010 swindled out of $2.5 million by a man named Joe Giddens, a family friend who was appointed power of attorney.
Giddens received a penalty of 10 years in prison, the same as it would have been had he illegally gained $150 from his victim.
The proposed bill would make it a felony to commit such crimes, depending on the level and amount of abuse. It would also stiffen prison sentences for specific types of elder abuse.
The Alabama Legislature defined elder abuse last year and it will outline it with punishments this year. This bill would also make elderly abuse cases easier to prosecute.
This bill has already passed the full Senate and out of house committee. It's now set to go before the full house.
Sen. Ward says he feels that a vote will happen before the end of the legislative session and he feels confident it will pass.
Proponents of this bill urge seniors to contact their local lawmakers to show their support of the bill.
Copyright 2013 WBRC.

SOURCE:        WSFA

_________________________________
Click for Updates, More Cases and Resources
Search LABELS for More Resources

Multi-Million-Dollar Settlement for Victims of Patient Abuse (CANADA)

Class action lawsuit launched in 1999 detailed multiple cases of abuse at Montreal long-term care facility St-Charles Borromée
CBC News
Apr 18, 2013

After years of experiencing unspeakable cruelty at the hands of those supposed to be taking care of them, a group of seniors and severely disabled people at a Montreal long-term care facility have emerged victorious.
In 1999, a class action lawsuit detailing hundreds of cases of abuse was launched against the St-Charles Borromée hospital in Montreal.
But it wasn’t until 2003, when family members of a patient there began secretly recording staff verbally and psychologically abusing their relative, that people began paying attention.
During 90 hours of recordings, staff called their relative — a 51-year-old woman who was left severely disabled after a car accident when she was 18 — a “pig,” repeatedly told her to “shut up,” refused requests for water and teased the woman by telling her a man was watching her outside her window and masturbating.
The tapes set off a chain of events that began with then-health minister Philippe Couillard calling a provincial inquiry, the suicide of hospital director Léon Lafleur and, ultimately, an all-out exposé on the conditions in Quebec nursing homes.
The scandal also encouraged other patients to come forward with their own stories of abuse, and the class action lawsuit was extended to include people who’d lived at the facility between 1993 and March 2006.
“It was a situation of grave negligence, of lack of coordination in service and care, a lack of respect, a lot of problems according to standards of how you treat patients and how you board and feed them,” said patients’ rights advocate Paul Brunet.
Settlement agreement reached 13 years later
An out-of-court settlement was finally reached this week, 13 years since it was launched; if accepted, a few hundred victims and the families of those who’ve since passed away are set to be awarded $8.5 million.
“It was long overdue,” Brunet said.
“I mean, after 13 years without the case even being heard in Superior Court — that is the real result of, in my mind, some negligence on the part of the defence lawyers.”
When asked whether he believed the delay was part of a strategy on the defence’s part, he said he didn’t know.
“But I know one thing — it’s disrespectful to patients.”
He said waiting so long on a case affecting elderly and severely disabled people was “not in very good taste.”
Since 1999, nearly one-third of the residents named in the class action lawsuit against St-Charles Borromée have died.
Long-term alternatives for long-term care
Brunet said he went to the former St-Charles Borromée last week — now a government-run long-term care facility known by the French acronym, CHSLD — and noticed part of the chapel was being used as a storage room.
It’s not necessarily indicative of abuse, he said, but it shows a lack of respect for the people being cared for at the residence.
He pointed to measures currently being looked at to keep elderly and disabled people at home instead of placing them in long-term care facilities.
He said having caregivers visit patients at home in lieu of sending them off to a home was a promising start.
“It’s not much more expensive, but it’s certainly more human,” he said.
But for those who have no other option but to be placed in a residence, Brunet encouraged family members and friends to visit.
“What kind of message do we send [the residences] if we don’t go and visit?” he asked.

SOURCE:       CBC CANADA
_____________________________________
Click for Updates, More Cases and Resources
Search LABELS for More Resources

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
____________________________________
Click for Updates, More Cases and Resources
Search LABELS for More Resources

North Dakota Measure Mandates Reporting Abuse, Neglect of Seniors, Vulnerable Adults

THE ASSOCIATED PRESS 
April 06, 2013

North Dakota's House has endorsed legislation that would require the reporting of abuse or neglect of senior citizens and other vulnerable adults.
Representatives voted 86-4 in favor of the bill on Friday. North Dakota's Senate approved the measure earlier.
Backers of the measure say North Dakota and Colorado are the only two states that don't require the reporting of abuse to elders or other vulnerable adults. They say the measure is intended to protect seniors from physical, mental, sexual and financial abuse.
Failure to report the abuse would be an infraction under state law, for which a maximum fine of $500 could be imposed.

SOURCE:      The Republic
_________________________________

Click for Updates, More Cases and Resources
Search LABELS for More Resources

Attorney Disbarred, Ripped Off Elderly Client

By Greg Moran
FEB. 1, 2013

An Escondido attorney has agreed to be disbarred after admitting she stole $275,000 from an elderly client’s inheritance, then repeatedly lied and created fake records to try to cover up the theft.
Sydney Claire Kirkland also faces criminal charges of grand theft and stealing from an elderly adult, according to the State Bar of California, the agency that regulates the state’s lawyers.
Kirkland drained all but $10,000 from a trust account set up by 80-year-old Grover Gordon Jr., a client of hers. He had inherited $285,730 from his longtime friend and housemate, Jeanette Letman, when she died in January 2011.
Gordon put the money in a client trust account with Kirkland, who had previously done legal work for him and Letman and was a co-trustee of the estate.
The state bar said that over the next 11 months Kirkland siphoned out $275,642 from the account.
Not all of it has been accounted for, but the bar said $23,000 was used to help buy an Audi for Kirkland, and other amounts were transferred to her husband and others.
In June 2011, the county’s Adult Protective Services got involved after receiving a complaint from a bank manager. When questioned, Kirkland told the agency that the money was invested in two certificates of deposit and an unnamed investment fund — all of which was fiction.
Gordon later hired another attorney who sued to get Kirkland removed as co-trustee of the estate. During that process, Kirkland created a fake account statement for the trust, showing that all of the money was there. Even after she was removed as co-trustee, she continued to drain money, the bar said.
Kirkland, a lawyer since 2001, became ineligible to practice law Jan. 19.

SOURCE:      UT SanDiego
__________________________________

Click for Updates, More Cases and Resources
Search LABELS for More Resources

Legislation Protecting Canada's Seniors Comes Into Force (CANADA)

National News: Legislation Protecting Canada's Seniors Comes Into Force
Contributed by admin on Jan 14, 2013

ETOBICOKE
The Honourable Rob Nicholson, P.C., Q.C., M.P. for Niagara Falls, Minister of Justice and Attorney General of Canada, and the Honourable Alice Wong, M.P. for Richmond and Minister of State (Seniors), welcomed yesterday’s coming into force of the Protecting Canada’s Seniors Act.
“Our Government is ensuring that crimes against our elderly are punished appropriately,” said Minister Nicholson. “Elder abuse is disgraceful and appalling; the Protecting Canada’s Seniors Act will ensure tougher sentences for those who take advantage of these vulnerable members of our society.”
“This legislation further supports our Government’s existing action to eliminate elder abuse in all forms,” said Minister Wong. “Elder abuse will not be tolerated. Our Government continues to ensure that Canadians are made aware of this serious issue and that they have the necessary information and supports for preventative action.”
The Protecting Canada’s Seniors Act better protects seniors by ensuring tougher sentences for those who take advantage of elderly Canadians. Under the amendments to the Criminal Code, evidence that an offence had a significant impact on the victims due to their age – and other personal circumstances such as their health or financial situation – will now be considered an aggravating factor for sentencing purposes.
The Government addresses elder abuse in a number of ways, including its elder abuse awareness campaigns and the New Horizons for Seniors Program. In 2011, the Government increased its investment in this program, which includes projects to increase elder abuse awareness, by $5 million per year, bringing its annual budget to $45 million.
More information about elder abuse can be found at www.seniors.gc.ca.
An online version of the Protecting Canada’s Seniors Act is available at www.parl.gc.ca.

Footnote: Written by: Department of Justice Canada

SOURCE:       The NorthumberlandView
________________________________________

Click for Updates, More Cases and Resources
Search LABELS for More Resources