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**** DISCLAIMER

Any Charges Reported on this blog are Merely Accusations and the Defendants are Presumed Innocent Unless and Until Proven Guilty, through the courts.

July 5, 2008

Financial Elder Abuse: Suspect Faces Up to A Year Jail (USA)

Financial elder abuse suspect faces up to a year in jail
By KAREN WILKINSON, The Eureka Reporter
Published: Jul 3 2008, 10:21 PM

A 44-year-old woman arrested in early June after allegedly stealing $4,000 from an elderly woman in Fortuna pleaded guilty this week to felony financial elder abuse and misdemeanor possession of methamphetamine. She faces up to a year in jail as part of the probation terms and will owe restitution to the victim, the Humboldt County District Attorney’s Office reported.
Ronda Darnell Michlig was reportedly the former caregiver of a 90-year-old woman and allegedly tried to use one of her checks to purchase $842 worth of groceries at the Fortuna Safeway on June 6, the Fortuna Police Department stated. When the check was discovered, Michlig was identified as the person who allegedly passed it.
She was arrested on suspicion of financial elder abuse, forgery, possession of stolen property, possession of a controlled substance, possession of drug paraphernalia and possession of hypodermic needles. Deputy District Attorney Ben McLaughlin said Michlig’s plea agreement is conditioned upon a grant of probation and payment restitution. She remains in the Humboldt County jail pending sentencing, which is scheduled for July 24.

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SOURCE: Eureka Reporter
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Elder Abuse Increasing (Canada)

Elder abuse increasing
By GWEN RUTLAND
July 2008

Elder abuse is a growing social concern, but it's not new. Too many older Canadians have suffered abuse and neglect at the hands of family members and caregivers for too many years. What is new is that we have a growing awareness and concern about elder abuse, putting a new face to this type of family violence.

Victims of elder abuse know and trust their abuser. Most victims of elder abuse depend on the people who hurt them, sometimes for food, shelter, personal care or companionship. Too often the abuse and neglect of older adults is not readily identified by service providers and community members.

Many older adults may believe that abuse by a relative is a "family problem" and are ashamed to disclose that a family member is abusive. No one is immune from elder abuse. The majority of abused older adults are in their 60's and 70's. Women are typically more vulnerable to abuse and experience more forms of abuse.

Today the number one crime against seniors is fraud. Fraud may include mail fraud, consumer fraud, insurance fraud, home improvement offers and door-to-door sales.

Never give out your personal information over the phone or Internet unless you have made the contact first. If a caller asks you to pay for an offer in advance or asks for your credit card number or Social Security number, tell the person you don't give out personal information over the telephone. Remember, if you are uncomfortable about the call in any way, simply hang up. If they continue to call or harass you, tell a trusted family member to call, or call 911 yourself and report it.

The local contact number for information and support regarding elder abuse is 1-800-363-7222 .
For information about abuse, please call Women's Shelter & Support Services (Bernadette McCann House for Women Inc.) 24-hour crisis line: 1-800-267-4930 ,or 613-732-3131 . Please visit our website at http://www.wsssbmh.org.

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SOURCE: The Daily Observer CA
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July 4, 2008

Former Preacher on Trial for Theft and Embezzlement (USA)

Porter trial: Porter used money from Craig’s accounts, witnesses say
By SUSAN HERENDEEN
Posted on Wed, Jul. 02, 2008 03:12 PM

Some of the money former pastor Howard “Doug” Porter used to move homes to a family compound in La Grange came from an account elderly rancher Frank Craig had set up to build an agricultural museum, according to testimony this morning in Stanislaus County Superior Court.

Craig’s relatives had filed a lawsuit to contest Porter’s control of Craig’s estate, and the ugly allegations prompted publicity that forced Porter to leave the pulpit after preaching for nearly two decades.

Porter, 57, is accused of embezzling $1.1 million Craig wanted to spend on the museum, then staging two wrecks to cover his tracks. Craig was crippled in a March 5, 2002 wreck when Porter’s Toyota Tundra veered off Lake Road and slammed into a tree. Craig drowned April 22, 2004, when his GMC Sonoma, which Porter regularly drove, veered off an access road and landed in the Ceres Main Canal east of Swanson Road.

Craig gave Porter control of his finances after he inherited $2.5 million from a brother and believed his dream of building a museum to showcase farm equipment collected over decades could become a reality.

Porter has been held without bail since his arrest Nov. 27, 2006. He has pleaded not guilty to murder, attempted murder, theft or embezzlement from an elder by a caretaker and elder abuse causing death.

The prosecution is heading toward the end of its case and likely will wrap up tomorrow, turning the trial over to the defense when the trial resumes Monday.

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SOURCE: KansasCity
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Florida New Law to Protect Seniors (Fl. USA)

Florida Has New Law to Protect Senior Citizens

Statement by Commissioner Kevin McCarty, WCTV.tv
July 1, 2008

News From the Florida Office of Insurance Regulation
Statement by Florida Insurance Commissioner Kevin McCarty on

Gov. Crist Signing Annuities Bill into Law

“I am very pleased that Gov. Crist has signed this important legislation, SB 2082, creating a law that will enhance protections for senior Floridians who are considering the purchase of annuities.

“Annuity sales have become a big business in Florida, and seniors in particular often have fallen victim to unethical sales practices. This new law will give Florida the enforcement power it needs to better protect our vulnerable senior population.

“Thanks to the leadership of Sen. Bennett and Rep. Ford, Florida now will be a national leader in the effort to protect seniors when they purchase costly and complex annuity products.”

The new law, named the "John and Patricia Seibel Act,” increases penalties to as much as $250,000, up from $100,000, for specified willful unfair or deceptive life insurance and annuity sales practices. The law also requires an insurer or insurance agent to have an objectively reasonable basis for believing that an annuity recommendation to a senior consumer is suitable.

In addition, the law makes it a first-degree misdemeanor for the deceptive practices known as "twisting" and "churning" – making misleading representations in an attempt to induce a consumer to cash in funds from a current investment or insurance product in order to purchase another product; and, willfully submitting a false signature now is a third-degree felony.

SOURCE: WCTV
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Isolation Can Make Elderly Vulnerable to Abuse

Isolation can make elderly vulnerable to abuse
By CARL A. GIBSON
June 29, 2008

There's an elderly neighbor you've chatted with at civic meetings and block parties for years. When you see her coming to get her mail as you walk up the street, you slow down and greet her at the mailbox. She says hello but seems wary, as if she doesn't quite recognize you. You ask her about a nasty bruise on her forearm. Oh, just an accident, she explains, the car door closed on it. She says good-bye quickly and returns to the house. Something isn't quite right about her. You think about the bruise, her skittish behavior. Well, she's getting pretty old, you think; maybe her mind is getting fuzzy. But there's something else - something isn't right.

This scenario, while extracted from www.helpguide.org/elder, is oft repeated in this country and worldwide. Elder abuse is a problem that hits you hard when someone you know experiences it.

In Calhoun County, there is an Elder Abuse Coalition that meets regularly to shine the light of day on these problems and bring them to a halt. June 15 was declared Elder Abuse Awareness Day in this county. You are the "eyes and ears" for recognizing the isolation and abuse your family member, friend or neighbors may be experiencing. Don't be afraid to speak out; let authorities know. A first step is to call 211 for further direction or call Adult Protective Services at 269-966-1342.

If you would like to support this coalition of service agencies which meets to address elder exploitation issues, contact Carrie Taft, Area Agency on Aging, at 269-441-0920. It comes together to document issues, develop strategy for addressing the types of abuse, empowering agencies and community members to identify problems and then become part of the solution.

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SOURCE: BattleCreekEnquirer
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Carer Arrested for Theft from Elderly Man (Everett USA)

Everett caretaker arrested in theft from elderly man
Published: Thursday, July 3, 2008

By Jackson Holtz
Herald Writer

EVERETT -- When Michael Walsh, 85, complained to his children that he was being robbed by caretakers at an adult family home, they believed the great-great-grandfather's mind was clouded by dementia.

Then, after he died in February, Walsh's daughter saw something wrong with his bank account.

"I saw amounts that didn't look right to me," Margo Ward said.

Two days after Walsh died, someone cashed a $4,500 check.

On Tuesday, Maroja Nasution, 37, the Everett woman entrusted with Walsh's care, was arrested on suspicion of stealing thousands from the man.

Police believe Nasution, a licensed adult family home caregiver, stole and cashed at least five of Walsh's checks, totaling $17,150, according to a police affidavit.

"You never think somebody would do that," Walsh's son Steve said.

After the arrest Tuesday, state Department of Social and Health Services officials suspended Nasution's license for Kristina Sweet Home Care and closed the three Everett adult family homes the woman operated. Eight residents were moved to other adult care homes, said Julie Lord, a regional administrator for residential care services.

"We certainly don't want to see any vulnerable person financially exploited," Lord said.

State investigators weren't able to verify those complaints, Lord said. Still, they determined the residents at Kristina Sweet Home Care were at "imminent risk of harm," she said.

"The provider misappropriated money from the bank account of a former resident," according to a July 1 notice of summary suspension.

Detectives continue to investigate and believe there may be at least one other victim, Goetz said.

Nasution was booked into the Snohomish County Jail for investigation of first-degree theft, first-degree identity theft and five counts of forgery. She's being held on $45,000 bail.

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SOURCE: HeraldNet
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July 3, 2008

Elder Neglect Alleged in Retirement Home (South Africa)

Pain of age
By Christelle Wiese
02/07/2008 05:14 PM - (SA)


THE family of an elderly woman who was hospitalised yesterday have levelled allegations of neglect against the Rondebosch retirement home she resides in. The home, though, maintains its staff are highly qualified and says it will never condone any form of neglect of its residents.

Gordon Green resident Madge Morkel (91) was admitted to hospital yesterday (30 June), suffering from internal bleeding.

This is the fourth time she has been admitted to hospital since she was moved, less than a year go, to the Gordon Green Annexe of the Fairmead Court retirement home in Rondebosch.

At least two other concerned families are awaiting a meeting with the Cape Peninsula Organisation for the Aged (CPOA), which manages Fairmead Court and 13 other frail care centres.

CPOA chief executive officer Billy Rauch says the organisation strives to satisfy all their residents. Of which there are around 1 000 in total. But it "seems to have disappointed" some. He adds that the organisation will never condone any form of poor care or service. Rauch's statement follows allegations of neglect published in a newspaper on Sunday.

Some families have claimed that residents suffer injuries at the home, are left without supervision for unacceptable periods of time, that medication is administered incorrectly, and that unhygienic conditions have persisted despite several complaints.

Pat Lindgren, the director of Action on Elder Abuse South Africa, says that people who report the abuse or even suspected abuse of an elderly person are not held liable when the notification is made in good faith, adding that those who fail to do so are guilty of a legal offence.

She says abuse or abuse-related injuries must be reported immediately to the director general of the Department of Social Development, or to a police officer. This is according to the Aged Persons Amendment Act 100 of 1998.

According to Welsch, Lindgren has promised to call a meeting with all concerned parties, and Rauch confirms that the organisation is discussing the complaints with residents and relatives. Lindgren urges the public to make use of the toll free Halt Elder Abuse Line (HEAL) on 0800 00 30 81 to report any suspected neglect.

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SOURCE: News24
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New Law Give Elder Abuse Victims More Support in Court (Ca. USA)

Schwarzenegger Signs Legislation Giving Elder Abuse Victims Greater Support in Court
Written by Imperial Valley News
Wednesday, 02 July 2008

Sacramento, California - Continuing his commitment to protect California’s seniors, Governor Arnold Schwarzenegger today signed SB 1343 by Senator Jim Battin (R-La Quinta), giving seniors and disabled adults the right to have up to two support persons with them when delivering difficult testimony in cases of elder abuse.

“By allowing a friend or family member in the courtroom while giving difficult testimony, elderly and disabled adults will feel more comfortable coming forward and pressing charges to allow justice to be served. This legislation not only protects this vulnerable community but helps to prevent these types of crimes from happening again,” Governor Schwarzenegger said.

In addition to signing this legislation, Governor Schwarzenegger has previously taken steps to protect California’s seniors by:

* Giving judges additional tools to provide restitution to elders and dependent adults who are victims of financial abuse through signing SB 611.

* Protecting seniors from unscrupulous lenders when they enter into reverse mortgages through enacting SB 1609.

* Safeguarding seniors from financial abuse by requiring bank, savings and loan, and credit union employees who suspect elder financial abuse to immediately notify Adult Protective Services, which investigates reports of elder abuse, or law enforcement authorities through signing SB 1018.

* Strengthening penalties for misrepresentation of insurance policies that induce a person to take actions that are not in his or her best interest through signing SB 1273. This bill addresses the financial crime in insurance called “twisting and churning,” which often targets senior citizens.

* Increasing criminal penalties for elder and dependent adult abuse through enacting AB 2611.

SOURCE: Imperial Valley News
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July 2, 2008

Elder Abuse Awareness Month in Illinois

Press Release

SPRINGFIELD – Governor Rod R. Blagojevich today launched the fourth annual statewide “Break the Silence” campaign and proclaimed July as Elder Abuse Awareness Month in Illinois. The Governor and the Illinois Department on Aging (IDoA) are encouraging those who are victims or suspect abuse to call the state’s 24-hour Elder Abuse Hotline at (866) 800-1409, where trained professionals are on call prepared to assist. More than 10,000 reports of elder abuse were made during FY 08, which reflects a 16 percent increase in reporting since the campaign was initiated.

“Our seniors have the right to be treated with dignity, respect, and to feel safe and secure. Unfortunately, many seniors find themselves victims of abuse and neglect which is unacceptable,” said Gov. Blagojevich. “The sooner we know about a case of abuse, the sooner we can put a stop to it. But in order to keep up the fight against abuse and neglect, we need everyone to do their part. If you suspect a case of elder abuse report it. Elder Abuse prevention will help keep thousands of seniors safe each year.”
It is estimated as many as 80,000 older adults in Illinois are elder abuse victims. Elder abuse is defined as neglect, physical injury, mental, sexual, or financial exploitation to an adult 60 years of age or older. If you suspect someone is being abused, the following indicators may point to a problem:
  • Untreated injuries, sprains or dislocations, scratches and cuts·
  • Sudden changes in behavior and/or withdrawal in social settings·
  • A caregiver’s refusal to allow visitors·
  • Dehydration, malnutrition, poor personal hygiene, untreated health problems, hazardous or unsafe living conditions; and
  • Sudden changes in bank account or banking practices, the inclusion of additional names on a victim’s bank signature card, unauthorized withdrawal of the victim’s funds using the victim’s ATM or credit card and abrupt changes in a will or other financial documents.

THEREFORE, I, Rod R. Blagojevich, Governor of the State of Illinois, do hereby proclaim July 2008 as ELDER ABUSE AWARENESS MONTH in Illinois, and encourage all citizens to recognize this crisis and join in working toward its prevention.

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SOURCE: IllinoisGov
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Iowans Will Face Many New Laws Tuesday (USA)

Iowans will face many new laws Tuesday
By JASON CLAYWORTH
June 30, 2008

Most of the 191 laws approved by Iowa lawmakers and signed by Gov. Chet Culver this year will take effect Tuesday.

While small portions of some budget bills were vetoed by the governor, only two were vetoed in their entirety.

Some highlights of bills that, at least partially, take effect Tuesday, as outlined by legislative staff:
  • Insurance protections: Bans deceptive sales practices used in long-term care insurance and prohibits stranger-originated life insurance, which is a scam targeting the elderly.
  • Identity theft protections: Requires companies to provide notice of a security breach to consumers and allows consumers to freeze release of their credit information.
  • Dependent adult abuse: State will investigate dependent adult abuse in health care facilities, hospitals, elder group homes, assisted living facilities and adult day services programs.
  • Insurance consumer advocate: Ensures fair treatment of consumers by investigating complaints and requesting hearings. This law has multiple effective dates.

(Note: only items of interest to seniors are included here. Please go to source for more details.

Abridge:

SOURCE: Desmoines Register
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DISCLAIMER

Any Charges Reported on this blog are Merely Accusations and the Defendants are Presumed Innocent Unless and Until Proven Guilty.

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