Older people often identify social inclusion as important to their quality of life and independence. They want to have good relationships with family and friends, to have a role, to feel useful and to be treated with respect. Opportunities to participate and make a positive contribution to community and society are integral to autonomy and therefore dignity. Scie's Dignity in Care practice guide identifies the factors that cause social isolation and provides practical guidance to support service providers and practitioners in the development of their practice.
Risk factors that may lead to social exclusion include bereavement, loss of work and poor health. Age discrimination, sometimes alongside other forms of discrimination, can also contribute to the social isolation of older people. The very elderly are particularly likely to experience isolation.
Although older people living alone are most likely to experience social isolation, those who live in residential care are also at risk, especially if they lack opportunities to participate in the community outside the residential home. Care home residents can be encouraged to develop social connections through contact with local community centres, schools and volunteer organisations. A person-centred approach to activity planning should help to ensure that older people feel that they are valued members of their local communities.
The promotion of social inclusion features prominently in current policy across government departments. The white paper Our Health, Our Care, Our Say acknowledges that social exclusion, isolation and loneliness contribute to the incidence of mental illness, particularly depression. The report emphasises the need for a universal approach to inclusion from services such as transport, health and housing.
The English Longitudinal Study of Ageing looks particularly at social isolation in older people and uses seven measurement criteria to assess the extent to which an older person may be experiencing isolation. These are:
● Social relationships.
● Cultural trips (cinema/theatre/concerts).
● Civic activities (such as being a member of a local interest group, undertaking volunteering or voting).
● Access to basic services (shops and health).
● Neighbourhood exclusion (feeling safe in your local area).● Financial products (banking, savings).
● Material consumption (being able to afford household utilities and annual holiday).
The Department of Health has established the Dignity Challenge as part of its Dignity in Care campaign. The challenge lays out the national expectations of what constitutes a service that respects dignity and focuses on 10 different aspects of dignity, including social inclusion. A series of "dignity tests" under each of the 10 headings sets standards for meeting the expectations of the Dignity Challenge. The tests can be accessed on Scie's practice guide.
The involvement of older people at all levels of service planning and delivery is key to social inclusion. Participation will, in itself, provide meaningful activity and a role in the community for those service users who become involved. The inclusion of older people from diverse communities will ensure that they can contribute their own knowledge and expertise and that their needs will not be overlooked. Local authorities need to ensure that support is available to local communities to enable individuals and groups to develop the skills and confidence to facilitate active participation.
Scie's practice guide has been developed to ensure all people who receive health and social care services are treated with dignity and respect. It will be of interest to people who use services and their carers, as well as those working in social care, because they will be able to find information on what they can expect from services.
The guide has recently been updated to include information for those working in mental health services and mental health service users, following the DH's extension of its Dignity in Care campaign to cover other groups of vulnerable adults.
SOURCE: Community Care UK
December 17, 2007
December 16, 2007
Financial Elder Abuse - Close Legal Loopholes Call
Contra Costa Times
ENDANGERED SENIORS
Elder financial abuse has become a hidden national epidemic
THE JURY DIDN'T BUY Ronald Brock's defense: That a 76-year-old-San Mateo man who had mental problems all of his life had voluntarily given his former legal adviser $661,000. We don't buy it either.
Brock flew Norman Roussey to New York to be evaluated by a psychiatrist - who happened to be his sister. She wrote a letter stating that Roussey had the mental capacity to change his will and leave everything to her brother.
He took a hypnotist to Roussey's house to perform "relaxation techniques" on the senior - prior to having him sign the new will, a will that Roussey later didn't even remember signing.
Roussey's self-professed close friend also convinced him to take out a mortgage on his late mother's house and give him $175,000 of the money. When Brock failed to make the mortgage payments like he'd promised, the bank foreclosed. Roussey lost his mother's house and wound up living in an apartment.
The jury looked at all that damning evidence and convicted Brock of elder abuse. A judge sentenced him to five years in prison. He also was ordered to repay the money.
But then, last October, the First District Court of Appeal in San Francisco threw out the conviction. Why? Because Superior Court Judge Joseph Bergeron had instructed the jurors that they could convict Brock if they believed he had taken advantage of Roussey's weakness of mind.
Under California law, intentionally exploiting the mental vulnerabilities of someone to steal their money or property - the legal term is using "undue influence-" isn't against the law.
That's right. So, the appellate court tossed out Brock's conviction. It ruled that Bergeron's instructions allowed a conviction for conduct that was "little more than overpersuasion."
The justices in effect followed the letter of the law. Undue influence is not listed as a crime under California's penal code.
Yet how can an elder consent to a financial transaction if he doesn't have the mental capacity to understand the implications?
Elder abusers seek out and "groom" vulnerable seniors. They target the lonely, the grief-stricken, the physically or mentally ill. They use deceitful tactics to loot their assets - all the while keeping victims in the dark about what is really going on.
The appellate court ruled that Brock's conduct was nothing more than "overpersuasion." However, we believe Brock crossed a line that went far, far beyond aggressive salesmanship.
San Mateo Deputy District Attorney Melissa McKowan who prosecuted Brock believes it's time that the Legislature changed the theft laws to help protect elderly victims of financial abuse. She is lobbying for a bill that would make undue influence a crime.
McKowan had convinced the jury to convict Brock on the grounds that he had knowingly taken advantage of Brock's mental impairments.
Many had hoped that McKowan's novel use of "undue influence" in a criminal case (it is already part of civil statute) would break ground for prosecutions of elder abusers across the state.
The victory was short-lived, though Brock did serve his full prison sentence before the appellate court reversal.
His attorney said Brock was guilty of nothing more than "aggressive panhandling," and that we can't create a crime to fit every behavior that we don't like.
Even some prosecutors are reluctant to tinker with the current theft laws. Yet we believe that using undue influence to commit a crime should itself be a crime.
It's time that the Legislature amended the penal code to make undue influence as prosecutable kind of theft.
The California District Attorneys Association is working on plans to introduce such a law.
Any law would first have to establish a clear definition for undue influence. It would also have to determine what kind of medical evidence would be required to establish that an alleged victim was susceptible to it, and establish what other conditions must be met.
We use such a process to determine if an accused defendant is mentally incompetent to stand trial. So why can't we do it to determine if an elder was incompetent when he gave consent?
Any law would first have to establish a clear definition for undue influence. It would also have to determine what kind of medical evidence would be required to establish that an alleged victim was susceptible to it, and establish what other conditions must be met.
We use such a process to determine if an accused defendant is mentally incompetent to stand trial. So why can't we do it to determine if an elder was incompetent when he gave consent?
If what Brock did to Roussey wasn't against the law, it certainly should be. There are far too many elderly Californians like Roussey who are being "overpersuaded" out of their life savings.
It's time to close the legal loophole that makes it so easy for elder predators to go scot free.
SOURCE: Contra Costa Times
ENDANGERED SENIORS
Elder financial abuse has become a hidden national epidemic
THE JURY DIDN'T BUY Ronald Brock's defense: That a 76-year-old-San Mateo man who had mental problems all of his life had voluntarily given his former legal adviser $661,000. We don't buy it either.
Brock flew Norman Roussey to New York to be evaluated by a psychiatrist - who happened to be his sister. She wrote a letter stating that Roussey had the mental capacity to change his will and leave everything to her brother.
He took a hypnotist to Roussey's house to perform "relaxation techniques" on the senior - prior to having him sign the new will, a will that Roussey later didn't even remember signing.
Roussey's self-professed close friend also convinced him to take out a mortgage on his late mother's house and give him $175,000 of the money. When Brock failed to make the mortgage payments like he'd promised, the bank foreclosed. Roussey lost his mother's house and wound up living in an apartment.
The jury looked at all that damning evidence and convicted Brock of elder abuse. A judge sentenced him to five years in prison. He also was ordered to repay the money.
But then, last October, the First District Court of Appeal in San Francisco threw out the conviction. Why? Because Superior Court Judge Joseph Bergeron had instructed the jurors that they could convict Brock if they believed he had taken advantage of Roussey's weakness of mind.
Under California law, intentionally exploiting the mental vulnerabilities of someone to steal their money or property - the legal term is using "undue influence-" isn't against the law.
That's right. So, the appellate court tossed out Brock's conviction. It ruled that Bergeron's instructions allowed a conviction for conduct that was "little more than overpersuasion."
The justices in effect followed the letter of the law. Undue influence is not listed as a crime under California's penal code.
Yet how can an elder consent to a financial transaction if he doesn't have the mental capacity to understand the implications?
Elder abusers seek out and "groom" vulnerable seniors. They target the lonely, the grief-stricken, the physically or mentally ill. They use deceitful tactics to loot their assets - all the while keeping victims in the dark about what is really going on.
The appellate court ruled that Brock's conduct was nothing more than "overpersuasion." However, we believe Brock crossed a line that went far, far beyond aggressive salesmanship.
San Mateo Deputy District Attorney Melissa McKowan who prosecuted Brock believes it's time that the Legislature changed the theft laws to help protect elderly victims of financial abuse. She is lobbying for a bill that would make undue influence a crime.
McKowan had convinced the jury to convict Brock on the grounds that he had knowingly taken advantage of Brock's mental impairments.
Many had hoped that McKowan's novel use of "undue influence" in a criminal case (it is already part of civil statute) would break ground for prosecutions of elder abusers across the state.
The victory was short-lived, though Brock did serve his full prison sentence before the appellate court reversal.
His attorney said Brock was guilty of nothing more than "aggressive panhandling," and that we can't create a crime to fit every behavior that we don't like.
Even some prosecutors are reluctant to tinker with the current theft laws. Yet we believe that using undue influence to commit a crime should itself be a crime.
It's time that the Legislature amended the penal code to make undue influence as prosecutable kind of theft.
The California District Attorneys Association is working on plans to introduce such a law.
Any law would first have to establish a clear definition for undue influence. It would also have to determine what kind of medical evidence would be required to establish that an alleged victim was susceptible to it, and establish what other conditions must be met.
We use such a process to determine if an accused defendant is mentally incompetent to stand trial. So why can't we do it to determine if an elder was incompetent when he gave consent?
Any law would first have to establish a clear definition for undue influence. It would also have to determine what kind of medical evidence would be required to establish that an alleged victim was susceptible to it, and establish what other conditions must be met.
We use such a process to determine if an accused defendant is mentally incompetent to stand trial. So why can't we do it to determine if an elder was incompetent when he gave consent?
If what Brock did to Roussey wasn't against the law, it certainly should be. There are far too many elderly Californians like Roussey who are being "overpersuaded" out of their life savings.
It's time to close the legal loophole that makes it so easy for elder predators to go scot free.
SOURCE: Contra Costa Times
December 15, 2007
Attacks on Elderly Rise Steadily
By Chris Thornton
Pensioners are being attacked in their own homes every other day - even though police insist they are less likely to be assaulted than other age groups.
The rise in attacks over the past five years reflects all kinds of incidents - from thugs who break into a home and threaten the elderly occupant for cash to assaults from their own family.
The attackers leave behind a catalogue of misery and fear.
Brothers Bill and Tommy Killen, aged 82 and 89, became victims of a robbery gang earlier this year.
Three robbers, wielding a baseball bat, broke into their house in Drumaness, Co Down, and struck one of them on the head before escaping with cash.
In February, 92-year-old Charlie Stead was murdered by an attacker who slipped into the Dundonald home where he had lived for 40 years.
The former Royal Navy sailor had suffered a blow to the head - but police said there was nothing to suggest he had been robbed.
In January, it emerged that a hood in Clabby, Co Tyrone, had attacked 73-year-old Gerald Storey, punching him in the face when he answered a knock on his front door. Youths later threatened him when he reported the attack to police.
In December last year, a 68-year-old Castlederg man was tied up and beaten in his home.
In November 2006, an 80-year-old man was punched repeatedly by an intruder to his Newtownabbey home. His drunken attacker was jailed for two months.
Arthur McMaster (66) was attacked in 2004 with a hammer and knife by his daughter-in-law, Jacqueline McMaster. She was jailed for five years.
Belfast Telegraph
Pensioners are being attacked in their own homes every other day - even though police insist they are less likely to be assaulted than other age groups.
The rise in attacks over the past five years reflects all kinds of incidents - from thugs who break into a home and threaten the elderly occupant for cash to assaults from their own family.
The attackers leave behind a catalogue of misery and fear.
Brothers Bill and Tommy Killen, aged 82 and 89, became victims of a robbery gang earlier this year.
Three robbers, wielding a baseball bat, broke into their house in Drumaness, Co Down, and struck one of them on the head before escaping with cash.
In February, 92-year-old Charlie Stead was murdered by an attacker who slipped into the Dundonald home where he had lived for 40 years.
The former Royal Navy sailor had suffered a blow to the head - but police said there was nothing to suggest he had been robbed.
In January, it emerged that a hood in Clabby, Co Tyrone, had attacked 73-year-old Gerald Storey, punching him in the face when he answered a knock on his front door. Youths later threatened him when he reported the attack to police.
In December last year, a 68-year-old Castlederg man was tied up and beaten in his home.
In November 2006, an 80-year-old man was punched repeatedly by an intruder to his Newtownabbey home. His drunken attacker was jailed for two months.
Arthur McMaster (66) was attacked in 2004 with a hammer and knife by his daughter-in-law, Jacqueline McMaster. She was jailed for five years.
Belfast Telegraph
Elderly Abuse Much more than Disclosed - JAPAN
By Yoko Kubota, Reuters
Japan
Nearly 500 elderly people were abused at Japan's nursing homes in the space of nine months last year -- 10 times the number of cases reported by the government for a whole year, Japanese media reported on Tuesday.A survey conducted by experts on elderly care earlier this year revealed 498 cases of nursing facilities employees abusing the elderly between April and December last year, the Yomiuri newspaper reported.Of the 498 cases, 190 involved psychological abuse, such as cursing and ignoring the elderly.
More than 130 cases involved physical abuse and 110 involved tying elderly people to a bed or otherwise restraining them, the paper reported. Survey respondents listed personality clashes between nursing home employees and the elderly and a lack of knowledge among staff for the abuse. The survey drew responses from some 1,800 nursing home employees around the country, the Yomiuri said, adding this suggested that many more abuse cases were probably going unreported.
A government report in September recorded 53 cases of abuse against elderly people in nursing homes in the year to March -- around one-tenth of the figure that the new survey revealed for part of that period. The Sendai Dementia Care Research and Training Centre, which issued the survey last month, could not immediately be reached for comment. Rapidly ageing Japan, where a tenth of the population is aged 75 or older, is confronting cases of abuse against the elderly.Government data showed that nearly 13,000 elderly people were abused by their family members in the year to March.
Japan
Nearly 500 elderly people were abused at Japan's nursing homes in the space of nine months last year -- 10 times the number of cases reported by the government for a whole year, Japanese media reported on Tuesday.A survey conducted by experts on elderly care earlier this year revealed 498 cases of nursing facilities employees abusing the elderly between April and December last year, the Yomiuri newspaper reported.Of the 498 cases, 190 involved psychological abuse, such as cursing and ignoring the elderly.
More than 130 cases involved physical abuse and 110 involved tying elderly people to a bed or otherwise restraining them, the paper reported. Survey respondents listed personality clashes between nursing home employees and the elderly and a lack of knowledge among staff for the abuse. The survey drew responses from some 1,800 nursing home employees around the country, the Yomiuri said, adding this suggested that many more abuse cases were probably going unreported.
A government report in September recorded 53 cases of abuse against elderly people in nursing homes in the year to March -- around one-tenth of the figure that the new survey revealed for part of that period. The Sendai Dementia Care Research and Training Centre, which issued the survey last month, could not immediately be reached for comment. Rapidly ageing Japan, where a tenth of the population is aged 75 or older, is confronting cases of abuse against the elderly.Government data showed that nearly 13,000 elderly people were abused by their family members in the year to March.
December 14, 2007
Guardianship Abuses - One Step Forward?
Lawmakers and advocacy groups will recommend ways to strengthen oversight of a system that has led to elder abuse. They look to pioneering local programs as models for national action.
By Robin Fields, Los Angeles Times Staff Writer
December 13, 2007
WASHINGTON -- After a string of chilling reports detailing abuse of the elderly, lawmakers and advocacy groups will unveil recommendations today to strengthen oversight of adult guardianships.
Members of the Senate Special Committee on Aging called for nationwide data collection on guardianship cases, mandatory quality standards for guardians and an infusion of federal funds to boost local court supervision programs.
"Seniors need more options, more rights, more protection at a national level than they are now receiving," said Sen. Gordon H. Smith of Oregon, the committee's top Republican.
A report by the committee and a study conducted by AARP and the American Bar Assn., also to be released today, set out a blueprint for making model practices now used by a few pioneering jurisdictions the norm nationwide.
The joint study showcases six programs -- from Tarrant County, Texas, to Broward County, Fla. -- that monitor guardianships with special vigilance.
Some have established teams to check on wards' assets and welfare. Several are creating computer programs to flag signs of trouble in reports filed by guardians, much as the Internal Revenue Service flags suspicious tax returns.
Their innovations show that effective oversight is more a matter of will than of money, said Naomi Karp, the study's co-author and the strategic advisor for AARP's Public Policy Institute.
"It's not really rocket science and it's not really expensive," Karp said. "In all cases, there's at least one person who's a real visionary who is dedicated to getting it done."
Issues related to adult guardianship are drawing increased attention as baby boomers age. America's over-65 population is expected to reach 55 million by 2020, and one out of eight in that age group has Alzheimer's disease, the AARP report said.
Every state has a system to protect adults no longer able to care for themselves. In California, probate courts appoint conservators -- usually family members, but sometimes paid professionals or county public guardians -- to manage wards' affairs.
Courts are supposed to make sure conservators act in wards' best interests, but a 2005 Los Angeles Times series showed that they often fail to do so, allowing some guardians to neglect or exploit those in their care.
Similar failures have surfaced elsewhere: Earlier this year, the son of the late New York philanthropist and socialite Brooke Astor was charged criminally with looting her estate while acting as her guardian.
California officials tightened oversight of adult guardianships after The Times report, but only federal reform can produce uniform protections for vulnerable adults across the country, said Smith, who plans to introduce guardianship legislation next year.
"The obligation that we owe to older Americans is pretty obvious," he said.
SOURCE
----------------------------
Excellent news indeed. However, I hope that the senators and those involved in studies and writing recommendations, should listen to or contact those who have suffered greatly because of Guardianship Abuse. The National Association t0 Stop Guardian Abuse blog has data regarding this sort of abuse. I am sure they will welcome some input into the new legislation
By Robin Fields, Los Angeles Times Staff Writer
December 13, 2007
WASHINGTON -- After a string of chilling reports detailing abuse of the elderly, lawmakers and advocacy groups will unveil recommendations today to strengthen oversight of adult guardianships.
Members of the Senate Special Committee on Aging called for nationwide data collection on guardianship cases, mandatory quality standards for guardians and an infusion of federal funds to boost local court supervision programs.
"Seniors need more options, more rights, more protection at a national level than they are now receiving," said Sen. Gordon H. Smith of Oregon, the committee's top Republican.
A report by the committee and a study conducted by AARP and the American Bar Assn., also to be released today, set out a blueprint for making model practices now used by a few pioneering jurisdictions the norm nationwide.
The joint study showcases six programs -- from Tarrant County, Texas, to Broward County, Fla. -- that monitor guardianships with special vigilance.
Some have established teams to check on wards' assets and welfare. Several are creating computer programs to flag signs of trouble in reports filed by guardians, much as the Internal Revenue Service flags suspicious tax returns.
Their innovations show that effective oversight is more a matter of will than of money, said Naomi Karp, the study's co-author and the strategic advisor for AARP's Public Policy Institute.
"It's not really rocket science and it's not really expensive," Karp said. "In all cases, there's at least one person who's a real visionary who is dedicated to getting it done."
Issues related to adult guardianship are drawing increased attention as baby boomers age. America's over-65 population is expected to reach 55 million by 2020, and one out of eight in that age group has Alzheimer's disease, the AARP report said.
Every state has a system to protect adults no longer able to care for themselves. In California, probate courts appoint conservators -- usually family members, but sometimes paid professionals or county public guardians -- to manage wards' affairs.
Courts are supposed to make sure conservators act in wards' best interests, but a 2005 Los Angeles Times series showed that they often fail to do so, allowing some guardians to neglect or exploit those in their care.
Similar failures have surfaced elsewhere: Earlier this year, the son of the late New York philanthropist and socialite Brooke Astor was charged criminally with looting her estate while acting as her guardian.
California officials tightened oversight of adult guardianships after The Times report, but only federal reform can produce uniform protections for vulnerable adults across the country, said Smith, who plans to introduce guardianship legislation next year.
"The obligation that we owe to older Americans is pretty obvious," he said.
SOURCE
----------------------------
Excellent news indeed. However, I hope that the senators and those involved in studies and writing recommendations, should listen to or contact those who have suffered greatly because of Guardianship Abuse. The National Association t0 Stop Guardian Abuse blog has data regarding this sort of abuse. I am sure they will welcome some input into the new legislation
Reporting of Financial Abuse
Theft of Elder Nation: An editorial series from Contra Costa Times
THE $23,095.58 WIRE transfer from Jack Whittaker's savings account at the Antioch Schools Federal Credit Union was the first sign something was fishy.
A day after the money had left his account, the 82-year-old widower went in to the credit union to make a withdrawal. He was shocked to learn that his account was nearly empty. The money he thought was there had gone to purchase an annuity he knew nothing about.
After that, credit union CEO Rob Greaff and his staff started keeping a close eye on the World War II veteran's account.
According to Lynn Uikema, Contra Costa deputy district attorney, the credit union's vigilance foiled an ex-felon's elaborate scheme to steal everything that Whittaker owned.
Thanks to alert employees, Uilkema was able to put Joe Gonzales where he belongs - in prison, serving a 10-year sentence for elder theft.
Gonzales had "befriended" Whittaker at Pinky's Car Wash in Antioch. Gonzales was washing cars. The senior, who lived alone and had no family nearby, was a regular customer.
In a little more than a year, Gonzales had drained four of Whittaker's bank accounts and run through more than $100,000 of the senior's savings.
There was $50,000 for a down payment on a half-million dollar house; more than $20,000 to buy new furniture; thousands more to pay off his truck and fix up his wife's Cadillac; $20,000 for a 14-day Hawaiian cruise.
Gonzales had convinced Whittaker to set up a trust naming him sole beneficiary. He stood to inherit the elderly man's $400,000 home and more than $200,000 in annuities that he'd gotten him to buy from a shady cohort.
It's because of shameless predators like Gonzales that the state Legislature passed the Financial Elder Abuse Reporting Act, which went into effect in January.
It requires all employees of financial institutions - banks, credit unions and savings and loans - to contact the police department or Adult Protective Services if they suspect that an elderly person is a victim of financial abuse.
Those who fail to do so face fines of up to $5,000.
Financial institution employees now join other so-called mandated reporters who often come into contact with elderly people and are in a position to detect hidden abuse.
They include health care workers, state and county employees, nursing home staff, clergy, and law enforcement.
Our financial institutions are an important early warning system for detecting elder abuse. Their employees can spot unusual activity on an elderly customer's account, such as a $150,000 wire transfer going to a foreign lottery, or a $135,000 check written to an accountant for a bogus tax bill.
California law makes it easy for financial institution employees to do the right thing. They don't even have to worry about getting in trouble if they make an honest mistake. They can't be prosecuted unless they knowingly make a false claim.
Since January, law enforcement agencies throughout the state have been deluged with invaluable tips from financial institutions. We believe state lawmakers should look at expanding the list of mandatory reporters.
It's a shame that we even need a law to compel people to do what is so clearly the moral thing to do.
Read Full-Text
THE $23,095.58 WIRE transfer from Jack Whittaker's savings account at the Antioch Schools Federal Credit Union was the first sign something was fishy.
A day after the money had left his account, the 82-year-old widower went in to the credit union to make a withdrawal. He was shocked to learn that his account was nearly empty. The money he thought was there had gone to purchase an annuity he knew nothing about.
After that, credit union CEO Rob Greaff and his staff started keeping a close eye on the World War II veteran's account.
According to Lynn Uikema, Contra Costa deputy district attorney, the credit union's vigilance foiled an ex-felon's elaborate scheme to steal everything that Whittaker owned.
Thanks to alert employees, Uilkema was able to put Joe Gonzales where he belongs - in prison, serving a 10-year sentence for elder theft.
Gonzales had "befriended" Whittaker at Pinky's Car Wash in Antioch. Gonzales was washing cars. The senior, who lived alone and had no family nearby, was a regular customer.
In a little more than a year, Gonzales had drained four of Whittaker's bank accounts and run through more than $100,000 of the senior's savings.
There was $50,000 for a down payment on a half-million dollar house; more than $20,000 to buy new furniture; thousands more to pay off his truck and fix up his wife's Cadillac; $20,000 for a 14-day Hawaiian cruise.
Gonzales had convinced Whittaker to set up a trust naming him sole beneficiary. He stood to inherit the elderly man's $400,000 home and more than $200,000 in annuities that he'd gotten him to buy from a shady cohort.
It's because of shameless predators like Gonzales that the state Legislature passed the Financial Elder Abuse Reporting Act, which went into effect in January.
It requires all employees of financial institutions - banks, credit unions and savings and loans - to contact the police department or Adult Protective Services if they suspect that an elderly person is a victim of financial abuse.
Those who fail to do so face fines of up to $5,000.
Financial institution employees now join other so-called mandated reporters who often come into contact with elderly people and are in a position to detect hidden abuse.
They include health care workers, state and county employees, nursing home staff, clergy, and law enforcement.
Our financial institutions are an important early warning system for detecting elder abuse. Their employees can spot unusual activity on an elderly customer's account, such as a $150,000 wire transfer going to a foreign lottery, or a $135,000 check written to an accountant for a bogus tax bill.
California law makes it easy for financial institution employees to do the right thing. They don't even have to worry about getting in trouble if they make an honest mistake. They can't be prosecuted unless they knowingly make a false claim.
Since January, law enforcement agencies throughout the state have been deluged with invaluable tips from financial institutions. We believe state lawmakers should look at expanding the list of mandatory reporters.
It's a shame that we even need a law to compel people to do what is so clearly the moral thing to do.
Read Full-Text
Elder Abuse - Elder Court is Crucial
Theft of Elder Nation: An editorial series
Elder court is crucial
Contra Costa Times
TO GET A SENSE of the horrible things that happen to defenseless elderly people behind closed doors, visit Alameda County's Elder Protection Court in Oakland on a Friday morning.
Department 4 looks like a scene from a nursing home. White-haired men and women hunch over wal
kers with yellow tennis balls stuck to the legs. Others with long plastic tubes dangling from their nostrils drag green oxygen tanks on wheels. Those who can't get around under their own power use motorized wheelchairs.
The old, sick and desperate have come to see Alameda County Superior Court Judge Julie Conger. Most have come to ask for civil restraining orders that they pray will protect them from people who have been abusing and harassing them.
The bedridden have been left to rot for days in their own feces. The wheelchair-bound have been left
writhing on the floor for days after a fall. The critically ill have been deprived of their medicine.
But financial abuse, by far, is the most common complaint: Bank accounts looted. Credit cards stolen. Huge loans taken out against seniors' homes without their permission. Property transferred out of their names.
All too often, elder abuse complaints fall through the cracks in the judicial system. A lot of judges don't want to be bothered with files as thick as phone books and victims who may not remember what they had for breakfast.
The problem was, there were just too many seniors to move them all to the front of the line.
That's when Conger realized that senior victims needed their own court. In 2002, with the help of a grant from the California Judicial Council, Alameda's Elder Protection Court was born.
It's the only court where the plaintiffs are all 65 or older (or dependent adults with certain mental or physical limitations) and the judge is a senior citizen.
The elder court handles more than 150 complaints a month. Conger issues restraining orders and presides over all felony elder abuse cases.
She runs a tight ship and doesn't tolerate excuses or breaches in courtroom etiquette from criminal defendants, their lawyers, or prosecutors.
Yet she has boundless patience for elder abuse victims. Her voice softens when she encourages an elderly woman to speak up. She shouts for an old man who can't hear. She repeats herself for seniors whose minds aren't as sharp as they once were - making sure that they understand the proceedings.
By Conger's own description, she is part judge, part social worker. She doesn't hesitate to mete out punishment and is adamant that elder abusers pay restitution, serve time, or both for their crimes.
But when possible, she also uses the power of the bench to try to help families repair their damaged relationships. The family dynamics in elder court are similar to those in domestic violence court.
Abusers are often adult children who are alcoholics, hooked on drugs, mentally ill or otherwise dysfunctional. They steal or abuse their loved ones to feed an addiction. Parents still love their kids and want contact with them. They just want the abuse to stop.
Conger also appreciates the need for speed. When a victim is in his or her 90s, there's no time for the typical court delays. Old people die -- quickly and without warning. Once charges are filed, prosecutors must move quickly.
Conger works with the Alameda County District Attorney's elder abuse unit to set up conditional exams as soon as humanly possible. The videotaped questioning, by both the defense attorney and the prosecution, is admissible in court should the senior die or be unable to testify for some other reason.
Elder court is crucial
Contra Costa Times
TO GET A SENSE of the horrible things that happen to defenseless elderly people behind closed doors, visit Alameda County's Elder Protection Court in Oakland on a Friday morning.
Department 4 looks like a scene from a nursing home. White-haired men and women hunch over wal
kers with yellow tennis balls stuck to the legs. Others with long plastic tubes dangling from their nostrils drag green oxygen tanks on wheels. Those who can't get around under their own power use motorized wheelchairs.The old, sick and desperate have come to see Alameda County Superior Court Judge Julie Conger. Most have come to ask for civil restraining orders that they pray will protect them from people who have been abusing and harassing them.
The sad thing is, most of the time, seniors need protection from the very people you'd expect to be looking after them: their own children, grandchildren, and other relatives.
In court, the seniors speak in frightened, barely audible voices. But their graphic descriptions of the abuse they have suffered is no less gut-wrenching.
The bedridden have been left to rot for days in their own feces. The wheelchair-bound have been left
writhing on the floor for days after a fall. The critically ill have been deprived of their medicine.
But financial abuse, by far, is the most common complaint: Bank accounts looted. Credit cards stolen. Huge loans taken out against seniors' homes without their permission. Property transferred out of their names.
Conger, a no-nonsense 25-year-veteran of the bench, has made fighting elder abuse her personal crusade. She is founder of the elder court - the only court in the country that handles civil and criminal complaints involving elderly victims in the same central location.
Restraining order sessions are in the late morning to give seniors time to get up and get going. Case Manager Maria Jimenez helps shepherd seniors through the confusing court process.All too often, elder abuse complaints fall through the cracks in the judicial system. A lot of judges don't want to be bothered with files as thick as phone books and victims who may not remember what they had for breakfast.
Not Conger.
Several years ago, she began noticing more and more senior citizens turning up in her domestic violence court. "They were getting lost in the shuffle," she said.
She hated seeing elderly people who could barely sit up waiting hours for their cases to be called. Forced to sit through violent testimony.
The problem was, there were just too many seniors to move them all to the front of the line.
That's when Conger realized that senior victims needed their own court. In 2002, with the help of a grant from the California Judicial Council, Alameda's Elder Protection Court was born.
It's the only court where the plaintiffs are all 65 or older (or dependent adults with certain mental or physical limitations) and the judge is a senior citizen.
The elder court handles more than 150 complaints a month. Conger issues restraining orders and presides over all felony elder abuse cases.
She runs a tight ship and doesn't tolerate excuses or breaches in courtroom etiquette from criminal defendants, their lawyers, or prosecutors.
Yet she has boundless patience for elder abuse victims. Her voice softens when she encourages an elderly woman to speak up. She shouts for an old man who can't hear. She repeats herself for seniors whose minds aren't as sharp as they once were - making sure that they understand the proceedings.
By Conger's own description, she is part judge, part social worker. She doesn't hesitate to mete out punishment and is adamant that elder abusers pay restitution, serve time, or both for their crimes.
But when possible, she also uses the power of the bench to try to help families repair their damaged relationships. The family dynamics in elder court are similar to those in domestic violence court.
Abusers are often adult children who are alcoholics, hooked on drugs, mentally ill or otherwise dysfunctional. They steal or abuse their loved ones to feed an addiction. Parents still love their kids and want contact with them. They just want the abuse to stop.
Conger also appreciates the need for speed. When a victim is in his or her 90s, there's no time for the typical court delays. Old people die -- quickly and without warning. Once charges are filed, prosecutors must move quickly.
Conger works with the Alameda County District Attorney's elder abuse unit to set up conditional exams as soon as humanly possible. The videotaped questioning, by both the defense attorney and the prosecution, is admissible in court should the senior die or be unable to testify for some other reason.
Without a conditional exam and a dead victim, there is no case.
Conger's court has helped protect thousands of seniors from abuse and helped elderly crime victims get justice. The one-of-a-kind program shouldn't just be a model for the rest of California. It ought to be replicated across the nation.
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Thank you, Judge Conger. There should be more judges like you. We also recognize the difficulties you must encounter in this work.December 13, 2007
Elder Abuse in Care Homes (UK) - Eyewitness Account
The shocking truth about the care home workers who couldn't care less
Interview by BARNEY CALMAN - 11th December 2007
Residents in care homes are routinely neglected, and as a Panorama report revealed last week, many are kept subdued with dangerous drugs. The Alzheimer's Society says poor training in dementia care is a major problem.
It's a picture only too familiar to HELEN SEYMOUR. For the past five months she's worked as an advocate for elderly people in London care homes, witnessing the shocking treatment of vulnerable residents by inept - and often callous - care workers...
A tiny elderly woman cries out, weeping as she struggles to stand. But a young man has her pinned to the chair by her arms and after 20 minutes she gives up - her wailing drops to a low moan and her red-ringed eyes gaze up hopelessly.
The woman suffers from dementia and had become distressed when her daughter's visit ended. She'd tried to get to the window to wave her daughter off but the care worker had decided this wasn't convenient - and asked a cleaner to hold her down in a chair.
Seeing this shocking act shortly after starting my new job this year left me shaken. But over the past five months I've seen many similar incidents.
I've witnessed a culture of care workers treating residents in a humiliating way - elderly people suffering from dementia being deliberately confused and ridiculed by staff, stripped of their dignity, starving simply because no one is helping them eat, and left in soiled clothes.
And although I've worked in many social care sectors, nothing prepared me for the sheer desperation and neglect experienced by old people in these institutions.
Every week I visit four care homes in London, for around three hours each. Like most residential homes, they are run by a private company, contracted by the local council.
Almost all residents are suffering from dementia or other mental illnesses, or have suffered a stroke that has left them physically disabled.
The first thing that struck me is the inappropriate, patronizing way residents are spoken to.
Most staff interaction with residents is functional - 'Have a biscuit' or 'Let's go to the loo' - but they also ruffle hair, pinch cheeks, and even make baby noises, saying: 'Aren't you sweet'?
In one home I've even seen staff kissing residents on the lips - affectionately, perhaps, but entirely inappropriately.
If a resident spills something, they're scolded like a child and called 'naughty'. This is no way for one adult to speak to another. Once, I saw a staff member bellow at a confused elderly man, who had come out of his bedroom naked, that he was 'disgusting'.
It also shocked me to see some staff deliberately winding up residents who were already confused. I saw one very frail woman suffering from severe dementia ask if she was going to the shops that day.
A member of staff kept egging her on, saying 'Yes, dear, we're going shopping soon', and then laughing to a colleague. The older woman just stood there, coat on, with no idea that it was never going to happen. This went on for almost an hour.
Of course, not all care workers are deliberately cruel - many just don't understand dementia.
Some tell me they press the buzzer for help when this happens, only for an orderly to come in, switch it off and tell them they'll come back later as they're too busy. I often see residents with black eyes and bruises, having fallen trying to get to the toilet unaided in the night.
Every morning medication is handed out. Most residents are given sedatives or sleeping pills although there seems to be no reason for this apart from the fact that
Those whose families visit are always clean and dressed well. However, many have no one. They are the ones in ill-fitting clothes, trousers held up by string, shoes with no socks, soiled, or half-dressed. At first if I saw someone semi-dressed, I would alert a care worker. They would dismiss me, saying 'I'll deal with it when I can'.
Eventually I gave up trying.
One of the most shocking aspects to life in these homes is the lack of regard for privacy. In addition to toilets in rooms, there are two or three disabled toilets accessible from the living area.
Every time I visit a resident is on the loo and either they or the care worker has forgotten to shut the door. I've also seen staff members standing over residents while they go to the toilet, chatting, with the door open, while other residents wander in and out.
I recently discovered a client who has not stepped out of the door once in six months. Put anyone in such a place, without any hope of getting out and about, and is it any surprise they are depressed? But the residents themselves won't speak up or complain. They've lived through the War, and say, wearily: 'Oh well, I've had it worse'. Yet many tell me repeatedly: 'I just want to die'.
I try to convince them otherwise but, in truth, if this is how we are going to treat the most vulnerable and elderly in our society, then they would be better off dead.
Helen Seymour is a pseudonym.
Daily Mail
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Imagine yourselves living in those environments, in your twilight years! None of us can guarantee that we wouldn't end up in care facilities. What many of us, including myself, are trying to do is to fight to ensure that our twilight years will not be spent in those environments. Elder Abuse is not just a problem in UK, USA or Australia. It is happening all over the world.
Please check the sidebar on this site for information pertaining to your country. If you know of information that you think should be included here please email me. This will ensure that other visitors to this site can get relevant information that will help them or their loved ones.
Elder Abuse - NSC Canada: Calls for More Action
OTTAWA, ONTARIO, December 11, 2007— The National Seniors Council, an advisory body to the Government of Canada, today released its report on elder abuse. Noting that elder abuse has for too long been a largely hidden issue, the report includes a call for increased efforts to raise public awareness and to help those who work with seniors share information.
The Report of the National Seniors Council on Elder Abuse outlines the findings of five regional meetings this fall. The Council met with 50 experts and stakeholders to discuss how to best address elder abuse.
Established earlier this year, the National Seniors Council advises the Government of Canada on seniors' issues of national importance related to the quality of life and well-being of Canada's aging population. Elder abuse is one of its first priority issues.
"This government supports the work of the National Seniors Council in bringing a broad range of perspectives to this important issue," said the Honourable Marjory LeBreton, Leader of the Government in the Senate and Secretary of State (Seniors). "In the recent Speech from the Throne, the Government of Canada committed to new measures to tackle elder abuse. So the advice in this report is timely and merits careful examination."
"We were very impressed by the commitment and energy of the participants at the elder abuse meetings," said Jean-Guy Soulière, Chair of the National Seniors Council. "We hope that this report will boost the important work on elder abuse already underway across Canada."
The report acknowledges the complexity of elder abuse, which can be physical, psychological, financial or sexual in nature. Neglect can also be a form of abuse. Building on the momentum for action within the federal government, the report includes advice for action in areas such as public awareness, research, training and information sharing among those who work with seniors.
For more information on the National Seniors Council and the Report of the National Seniors Council on Elder Abuse, please visit http://www.seniorscouncil.gc.ca/
Source: Canada News Centre
The Report of the National Seniors Council on Elder Abuse outlines the findings of five regional meetings this fall. The Council met with 50 experts and stakeholders to discuss how to best address elder abuse.
Established earlier this year, the National Seniors Council advises the Government of Canada on seniors' issues of national importance related to the quality of life and well-being of Canada's aging population. Elder abuse is one of its first priority issues.
"This government supports the work of the National Seniors Council in bringing a broad range of perspectives to this important issue," said the Honourable Marjory LeBreton, Leader of the Government in the Senate and Secretary of State (Seniors). "In the recent Speech from the Throne, the Government of Canada committed to new measures to tackle elder abuse. So the advice in this report is timely and merits careful examination."
"We were very impressed by the commitment and energy of the participants at the elder abuse meetings," said Jean-Guy Soulière, Chair of the National Seniors Council. "We hope that this report will boost the important work on elder abuse already underway across Canada."
The report acknowledges the complexity of elder abuse, which can be physical, psychological, financial or sexual in nature. Neglect can also be a form of abuse. Building on the momentum for action within the federal government, the report includes advice for action in areas such as public awareness, research, training and information sharing among those who work with seniors.
For more information on the National Seniors Council and the Report of the National Seniors Council on Elder Abuse, please visit http://www.seniorscouncil.gc.ca/
Source: Canada News Centre
Elder Abuse Forensic Center USA
by Danny Redmond
I haven’t ever explained the Elder Abuse Forensic Center. A grant allowed the adult protection team at county hospital to develop a team with the district attorney, city prosecutors, civil attorneys, geriatric doctors, police and sheriff’s detectives, advocates, adult protective services workers and my own mental health team. We meet every week to identify ways the team can act directly and indirectly to protect vulnerable older adults from criminal abuse. I also meet with the Coroner/ DA led elder death review team and I am the foreperson of a federal investigative grand jury.
I tell you all this to prepare for this message. There is no federal law addressing elder abuse. There isn’t federal policy about the specific crimes committed against older adults. As the baby boom generation begins to age into seniority, I think it would behoove us to support long-needed policies on this type of crime. Why would that be needed?I hear FBI agents, and ICE agents, and NCIS and Postal Inspectors and Forest Service and Internal Revenue testify and give evidence. I speak with City Police and County Sheriffs. They say that there is very specific training on child abuse but not elder abuse. Maybe the fraud investigators or homicide detectives have a smattering of experience that deals with specialty crimes against the older adult.There needs to be policy on a national level. We need to make this an issue in next year’s elections. See www.ncea.aoa.gov for current legislation.On an immediate level, I notice how many of the cases that reach prosecution begin with anonymous tips and reports. If you are afraid someone is being hurt, tell someone. If nothing is wrong, at least they were checked out.
If something is wrong, you may have saved a life. If you are a mandated reporter, you may have saved your job.
ELDER ABUSE HOT LINE (877) 4-R-SENIORS (877) 477-3646
Danny Redmond is a core team member of the LA County Elder Abuse Forensic Center and a regular trainer and consultant to the Department of Community and Senior Services. He is leader of a mental health team for older adults. Danny can be reached at dredmondrn@yahoo.com
Source
I haven’t ever explained the Elder Abuse Forensic Center. A grant allowed the adult protection team at county hospital to develop a team with the district attorney, city prosecutors, civil attorneys, geriatric doctors, police and sheriff’s detectives, advocates, adult protective services workers and my own mental health team. We meet every week to identify ways the team can act directly and indirectly to protect vulnerable older adults from criminal abuse. I also meet with the Coroner/ DA led elder death review team and I am the foreperson of a federal investigative grand jury.
I tell you all this to prepare for this message. There is no federal law addressing elder abuse. There isn’t federal policy about the specific crimes committed against older adults. As the baby boom generation begins to age into seniority, I think it would behoove us to support long-needed policies on this type of crime. Why would that be needed?I hear FBI agents, and ICE agents, and NCIS and Postal Inspectors and Forest Service and Internal Revenue testify and give evidence. I speak with City Police and County Sheriffs. They say that there is very specific training on child abuse but not elder abuse. Maybe the fraud investigators or homicide detectives have a smattering of experience that deals with specialty crimes against the older adult.There needs to be policy on a national level. We need to make this an issue in next year’s elections. See www.ncea.aoa.gov for current legislation.On an immediate level, I notice how many of the cases that reach prosecution begin with anonymous tips and reports. If you are afraid someone is being hurt, tell someone. If nothing is wrong, at least they were checked out.
If something is wrong, you may have saved a life. If you are a mandated reporter, you may have saved your job.
ELDER ABUSE HOT LINE (877) 4-R-SENIORS (877) 477-3646
Danny Redmond is a core team member of the LA County Elder Abuse Forensic Center and a regular trainer and consultant to the Department of Community and Senior Services. He is leader of a mental health team for older adults. Danny can be reached at dredmondrn@yahoo.com
Source
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