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July 4, 2009

Illinois Makes July 'Elder Abuse Awareness' Month (IL. USA)

By Associated Press

July 3, 2009

July is Elder Abuse Awareness month in Illinois.

Department on Aging Director Charles Johnson is announcing the fifth annual "Break the Silence" campaign.

An estimated 80,000 older adults suffer abuse each year.

Elder abuse is defined as neglect; physical injury; mental, sexual or financial exploitation of someone 60 or older.

There were more than 11,000 reports of elder abuse in the last year.

Those who suspect abuse should look for untreated injuries, changes in behavior, a caregiver's refusal to allow visitors, dehydration or malnutrition, or changes in financial accounts.

Trained professional are available around the clock to take reports at 1-866-800-1409.


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July 3, 2009

A Call for Stiff Penalties for those who Abuse the Elderly (USA)

Stiff Penalties for those who Abuse the Elderly


Grand Rapids Press Editorial


June 19, 2009

As the population ages, the problem of elder abuse is expected to spread. Stiff penalties for abusers might help keep the problem in check.

The four-month jail term meted out this week in an Ottawa County case of shocking elder abuse has put a spotlight on a largely hidden social problem. While child abuse and domestic violence have rightly been elevated in the public eye, the abuse, neglect and exploitation of the elderly warrants attention as well. That's especially true as the population nationally and in Michigan grows grayer.

What's more, the jail term given Ottawa County resident Carol Maneke for leaving her father in squalid living conditions has prompted criticism about whether the punishment fits the crime. Her father, Max Canfield, 87, died in a hospital in 2006, a week after being taken out of a filthy Tallmadge Township duplex. Maneke lived in the adjacent half of the duplex and was her father's legal guardian. According to relatives and police, he died from malnutrition-related weakness. It's ironic and disconcerting that Maneke was sentenced on Monday, which was World Elder Abuse Awareness Day.

The authorities got involved in this case after Mr. Canfield's granddaughter said she was not allowed to see him and became concerned about his welfare. Police and social workers found the decorated World War II veteran lying on a soiled mattress with adult diapers, trash, pop cans and animal feces all around. They had to tape and seal their pant legs before entering the roach-infested duplex.

Maneke's prosecution on charges of vulnerable adult abuse was delayed in part because she moved to Pennsylvania and authorities had trouble finding her. She could have received up to nine months in jail, according to sentencing guidelines for her conviction on a charge of second-degree vulnerable adult abuse. Police looked at whether Maneke could be charged with some form of homicide but decided the evidence did not support it because Mr. Canfield had other medical issues that may have contributed to his decline.

Nevertheless, the high end of the more modest charge certainly would have sent a stronger message that sub-standard care for the elderly is not acceptable.

Because studies show that the most likely abusers of the elderly are their own family members, it's a problem that can go unnoticed and unreported. National statistics suggest only one in five cases is reported.

We can all play a role in making Michigan a safe place to grow old by being as vigilant about elder abuse as we are becoming about child abuse and domestic violence. Our senior's golden years should not be tarnished by abuse, neglect and exploitation. Those who cross the line by abusing the elderly should pay an appropriate price. Our courts should see to that.

Abridged

SOURCE: MLive.com

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Carer Guilty of Elderly Patients Assaults (UK)

by Tom Rowley

July 01, 2009

A SENIOR carer brushed an excrement-smeared nail brush across the mouth of a care home resident.

Linda Platt also pushed another dementia sufferer, Tameside Magistrates heard.

She left court in tears after being found guilty of two counts of common assault against two residents in their 80s at Heritage House nursing home in Stalybridge. She denied the charges.

The court was told the excrement incident happened in the early hours of 30 November after one of the elderly residents had soiled her bed.

Under cross-examination from defence solicitor Richard Birtwistle, Ms Platt, 59 – who had worked as a carer for 25 years and joined Heritage House in October 2007 – told Tameside Magistrates Court: "She was screaming in her bed. She did not like her hands being touched or let anyone near her nails. I tried to talk to her and reassure her and explain in detail that her nails were dirty and demonstrate what I was going to do."

She denied that the nailbrush had made contact with the resident’s lips. She admitted she had called her a ‘dirty girl"’ but this was not said aggressively.

But prosecutor Kirstin Beswick said Platt’s workmate Janet Judge was stood beside her and had a clear view of the incident. Ms Platt said her colleague must have ‘misinterpreted’ her actions.

Another workmate, Hazel Tetlow, complained that one week later Platt ‘manhandled’ another resident in a corridor at the home. Platt, of Warrington Street, Stalybridge, had denied she had pushed the resident.

Chairwoman of the bench, Hilary Healey, told Platt that magistrates found the evidence against her credible and cogent.

"We believe that the brush did rub against the patient’s lips but you did not ram or shove it in."

Mr Birtwistle said Platt was on medication for depression and anxiety. Magistrates extended unconditional bail until a probation report is ready at the court on 20 July.

Platt declined to comment after leaving the court in tears.

A spokeswoman for the home said: "The health and safety of our residents is paramount and our stringent whistle blowing policies and procedures brought these matters to light. We welcome the verdict of the court, which sends out the message that the abuse of vulnerable elderly people will not be tolerated."


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Helpline for Adults at Risk of Abuse (UK)

2nd July 2009

A HOTLINE to help adults at risk of abuse has been launched.

AskSal, a partnership between Thurrock, Southend and Basildon Safeguarding Adults Boards and national organisations Action on Elder Abuse and Voice UK, is a hotline for people to call if they are suffering abuse themselves or suspect an adult they know is at risk.

The helpline, which is the first of its kind in the UK, is the adult equivalent of Childline.

Gary Fitzgerald, Chief Executive of Action on Elder Abuse, said: "Many people do not report the abuse they suffer due to fear, shame and embarrassment. We hope that this unique partnership will cut through some of these barriers and enable people to access the support they desperately need.”

People calling the helpline will speak to skilled operators who can refer them to another agency if required, without the caller having to re-dial or re-tell their story.

The AskSal hotline number is 0808 80 10 345.


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July 2, 2009

Carer Admits Pensioner Sex Attack (UK)

A male carer at an Edinburgh nursing home carried out a serious sex assault on an infirm 76-year-old woman as she held on to her walking frame.

The distressed victim later told another employee that Joseph Sinja had "done things her husband wouldn't do".

Sinja, 32, admitted carrying out the attack on 26 April this year, when he appeared at the High Court in the city.

He is due to be sentenced later but THE Kenyan national was warned he could be deported.


Advocate depute Alex Prentice QC told the court: "The victim describes feeling dirty and sick as a result of the incident and that the accused had done something to her that her husband had never done.

"Her age makes the offence particularly distressing and embarrassing to her and any mention of it causes extreme upset," he said.

The prosecutor told the court that the woman, who has suffered strokes, irregular heart rhythm and reduced mobility, remains at the home run by Edinburgh City Council, but is now treated by female carers only.

Sinja, who was allowed into Britain on a student visa, was employed as an assistant at the home through Family Circle Care Ltd, which provided the agency staff.

Abridged

SOURCE: BBC News, UK


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State's Democrats Seek Protection for Seniors (MI. USA)

State's Democrats seek protection for seniors

By BARRETT NEWKIRK

THE ENQUIRER

JUNE 30, 2009

Democrats in the Michigan House of Representatives are pushing a plan to strengthen the state's elder abuse laws.

The package of bills, dubbed the Elder Abuse Protection Plan, would increase penalties for people convicted of cheating senior citizens and increase consumer protections. Rep. Kate Segal, D-Battle Creek, is sponsoring one of the plan's bills.

The legislation comes after some high-profile abuse cases made headlines around the state, including two Flint brothers charged with abuse this month after allegedly selling their grandfather's prescription painkillers. Reports of elder abuse in Michigan have increased 40 percent since 1998, according to the Michigan Department of Human Services.

"What is happening in this state, it is unthinkable and unspeakable," Segal said during a press conference Monday.

Segal's bill would require legal guardians to report the cash and cash-convertible assets of an incapacitated person to the court.

Other bills in the plan would require employees of nursing homes and financial institutions to report suspected cases of elder abuse, make it a felony to obtain a signature through fraud or deceit, and prohibit someone charged with felony abuse to win an inheritance from the victim's estate.

Abridged
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How Banks, Marketers Aid Elder Scams (

July 1, 2009

Two weeks ago, I wrote about how difficult it was for our family to stop con artists from scamming an elderly relative who was convinced that he was on the verge of winning big lottery and sweepstakes prizes.

Digging into our family’s experience yielded another surprise: Some common business practices may have actually helped the scams continue, such as the sale of direct marketing lists and banks’ moves to automatically cover overdrafts—an issue that President Barack Obama has flagged for attention under his proposed Consumer Financial Protection Agency.

When our relative began to fall behind on bills, he agreed to give power of attorney to a son, who started paying the mortgage and other big bills, as well as reducing the amount available in his dad’s checking account. What the son didn’t count on was that the bank would automatically cover up to several hundred dollars a month of his father’s overdrafts, which essentially gave him more money to send to scammers. In addition, he was charged $33 for every overdraft—running up hundreds of dollars in fees. When the son called Sovereign Bank, his father’s longtime bank, he was told that the protection was standard and that he couldn’t turn it off.

Steven Mantelli, Sovereign’s senior vice president for retail banking, says the bank provides overdraft protection “on a courtesy basis” for customers, and it isn’t typically shut off. But in isolated situations, he says, the bank will stop it.

Abridged
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An interesting article. Please go to SOURCE for full-text.

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Elder Fraudster Found Guilty (CA. USA)

Man faces more than 300 years for $11 million Ponzi scheme

By RACHANEE SRISAVASDI

THE ORANGE COUNTY REGISTER

June 30, 2009

A San Juan Capistrano man faces more than 300 years in prison after being convicted of almost 700 felonies for defrauding 125 people of $11.4 million, a prosecutor said Tuesday.

In a case billed as one of the largest elder-abuse cases ever handled by the Orange County District Attorney’s Office, Jeffrey Butler, 51, was deemed guilty of 693 counts – the majority of them involving financial elder abuse and the sale of unqualified securities, according to Deputy District Attorney William Overtoom.

The jury deadlocked on another 86 counts – leading Orange County Superior Court Judge James Stotler to declare a mistrial on those charges.

Butler was found not guilty on another 30 counts.

The reading of the verdicts began Monday morning and ended at about noon Tuesday.

Butler’s wife, Peggy Warmuth Butler, 49, was found guilty of four counts of filing false tax returns. She began crying when Stotler said he would allow her to remain free until sentencing for the couple, which is scheduled for Sept. 18.

Jeffrey Butler remains in custody at Orange County Men’s Jail until sentencing.

He was arrested in February 2006 and accused of defrauding senior citizen clients by pretending to help them prepare their wills and trusts.


The trial, which began in November, last almost eight months and included testimony from 92 victims, prosecutors said.


Abridged

SOURCE: OCRegister - Santa Ana,CA,USA

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July 1, 2009

Thieving Carer Spared Prison by Forgiving Pensioner (UK)

29th June 2009

A neighbour who stole a pensioner's life savings after becoming his carer has avoided going to jail because of the forgiveness of his victim.

Serio Fernando, 57, took advantage of the trust placed in him by frail Raymond Jones after moving into his Telford Road, St Albans home as his carer by stealing more than £4,000 from his bank in a matter of days.

Mr Jones entrusted Fernando, from Portugal, with his bank card and between January 16 and January 29, Fernando stole a total of £4,569.78.

Fernando pleaded guilty to two counts of theft at a previous hearing, and was warned he faced immediate custody.

However, when he was due to be sentenced the court was told that Mr Jones had forgiven Fernando and wanted him to continue living with him and helping him.

The court was told Fernando had brought the elderly man “back to life”.

As a result sentence was further adjourned for an impact statement from Mr Jones, while Fernando, who had been bailed to a different address was allowed to return to Mr Jones' home.

And at St Albans Crown Court on Friday, Recorder Philip Brook-Smith imposed a 51-week suspended prison sentence – the longest sentence that can be suspended.

Fernando must also carry out 100 hours unpaid work. No compensation or costs were imposed.


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Plan to Crack Down on Elder Abuse (MI. USA)

By ALEX DOTY
Sentinel-Standard writer

June 29, 2009


With baby boomers aging and more of the population entering their golden years, local lawmakers are doing their part to ensure that senior citizens don't end up being victimized by those preying on the elderly community.

Rep. Mike Huckleberry, D-Greenville, called elder abuse a concern for residents of Michigan.

“(Elder abuse) often gets swept under the rug here in Michigan,” Rep. Mike Huckleberry, D-Greenville, said during the unveiling of the plan Monday afternoon.

Under a new plan backed by Huckleberry and recently introduced into the state legislature, there would be increased penalties for cheating or defrauding seniors, citizens would be empowered to file criminal complaints against those who scam seniors and they would require financial institutions to do more to disclose the rights of seniors and disclose against fraud.

“The penalties and protections on the books when it comes to elder abuse are not strict enough,” Rep. Mary Valentine, D-Norton Shores, said.

Valentine, who was in Ionia along with Huckleberry to announce the plan, knows all too well the affects of elder abuse on its victims and families.

“This is a topic that is near and dear to my heart,” she said, adding at one time her uncle had fallen victim to financial abuse.

In especially hard economic times, Valentine also said financial elder abuse can hit close to home, especially when some family members might prey on unsuspecting seniors as a means for financial well-being.

In addition to providing protection against fraud and scams against senior citizens, the plan would also create a special community alert in the event of a senior going missing.

Called the Mozelle Alert, it would be a way to notify the public in case a senior citizen goes missing.

It was named after Detroit resident Estella Mozelle Pierce who died after wandering from her home, would be similar to an Amber Alert.

Additionally, with many at the state level doing what it takes to improve the economy by releasing certain offenders from prison, legislators don't see the elder abuse crackdown as something that will put people back in jail.

“This is stopping people from going to jail,” Huckleberry said, adding the plan would be a deterrent aimed at preventing abuse.

He also called the jail space well deserved for those who do happen to be abusing senior citizens.

“If someone is abusing a senior, they belong in jail,” Huckleberry said.

According to Huckleberry, now that the legislation has been introduced, it is anticipated that it will be further hammered out in various committees before any future legislative action is taken.

“I think we have a good chance of this going through,” he said.

Rep. Brian Calley, R-Portland, said although he hasn't had the chance to look over the proposal, he believes with people living longer these topics deserve a more thorough look in order to better protect senior citizens.

SOURCE: Sentinel-Standard - Ionia,MI,USA



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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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