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

September 4, 2009

Virginia Residents React to Elder Abuse Report (MN. USA)

No one thought the abuse that happened last year at an Albert Lea assisted living home could happen here.

But reports released this week by the Minnesota Department of Health show that three employees at Edgewood Vista in Virginia slapped, pinched and verbally taunted patients.

For Julie Laughlin, a retired nurse's aide, the abuse at Edgewood was unexpected.

" I've heard good things about it and it's a nice place but then you just don't know," Laughlin said.

While the reports of abuse come as a surprise to this tight knit community, health officials said abuse is not on the rise. Instead they point to people's heightened awareness to report suspicious behavior.


Edgewood Vista suspended the employees during the abuse investigation and eventually terminated all three.

Though no criminal charges have been filed as of yet the Virginia police confirmed they are in the process of investigating the incident.


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SOURCE: Northland News Center

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Additional Charge Filed in Elder Abuse Case (MI. USA)

By Kelly Dame

September 2, 2009

A third charge has been filed against a Midlander accused of ignoring his elderly mother's medical needs to the point where her right foot had to be amputated.

Jonathan Phillips Nelson, 54, was first charged with one count of first-degree abuse of a vulnerable adult in June, accused of intentionally causing serious physical or mental harm to his mother. Prosecutors added a count of embezzlement of $20,000 or more from a vulnerable adult in July.

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Couple Accused of Elder Abuse of Elderly Mom (

By Melinda Rogers

The Salt Lake Tribune

09/02/2009

A West Valley City couple are accused of bilking their elderly mother out of more than $100,000 while failing to care for the woman, who developed bedsores and other ailments as a result of the alleged neglect.

Corin Lynn Barker and his wife, Nadine Barker, both 60, were charged Tuesday in 3rd District Court with abusing Beatrice Barker, 90, who died in June.

Corin Barker was granted power of attorney for his aging parents in 2006 and gained control of their bank accounts, which included $40,000 in Social Security checks and other retirement savings, according to charging documents filed Tuesday.

When his father died in 2007, an insurance company paid his mother $62,241 in benefits, which went into a joint account, charges state.


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September 2, 2009

Guardianship: Elderly Couple Won't Lose House (TX. USA)

Elderly Couple Won't Lose House

01 Sep 2009

By Becky Oliver

A victory for a Richardson couple at war with the state over their mental condition and their money. Michael and Jean Kidd’s home was not sold on the courthouse steps and now the judge is clarifying his orders.

“I could have gotten out of bed and danced the jig,” Michael Kidd said after hearing about the status of his home.

Relief is all Michael and Jean Kidd are feeling right now. A trustee’s deed filed in mid August indicated their home would be sold on the courthouse steps . The foreclosure sale was called off, at least for now.

“Just knowing that the pressure if off for awhile, that is what made me the happiest,” Kidd said.

“I sure felt like we were deserted by the whole world for awhile. It makes me feel a whole lot better,” Jean said.


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It is comforting in a way, that there is something in place, so that if needed; a guardian can be appointed by the court to assist us. However, there are just too many cases where the very people appointed by the courts, as guardians for the elderly; turned out to be the ones who actually drained the seniors of their life savings.
The case regarding Michael and Jean Kidd should have been handled more sensibly. What happened to their assets? And, selling their house against their wishes?
Can this case be one of many that have gone un-noticed?

We must really question these sorts or actions and look out for one another in the community.

................. AC

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New Rules Effective September 1, Aim to Curb Elder Abuse (

New rules effective today aim to curb abuse of elders

September 01, 2009

By Morgan Thurston

Today, significant changes to powers of attorney take effect. A power of attorney is an instrument authorizing someone to act on your behalf and can be a very effective tool in the event of disability and incapacity.

However, prior to the current changes in the law, powers of attorney were powerful tools that also led to cases of financial exploitation and abuse. While underreported, the annual financial loss by victims of elder financial abuse is estimated to be at least $2.6 billion. In addition, financial elder abuse has been characterized by experts like J.F. Wasik as "the crime of the 21st century."

The statutory changes going into effect today are long overdue, and substantially remedy potential financial exploitation and abuse of the principal (the person granting the power of attorney) by the agent (the person getting power of attorney). The changes in the statute include:

· If the principal wants the agent to have the authority to make gifts, additional requirements must be met, including execution and witnessing of a "major gifts rider."

· Agents will now be subject to a "prudent person standard of care," with defined responsibilities. This requires keeping records (with receipts) of the agent's transactions.

· There is an optional provision authorizing the principal to appoint a "monitor" to request and receive records of transactions by the agent.

· The monitor, a government official and the guardian of the principal and other designated entities, may require the agent to provide the record of transactions and a copy of the power attorney on 15 days' notice.

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September 1, 2009

Caretaker Pleads Not Guilty to Stealing From 93-Year-Old (CA. USA)

Caretaker pleads not guilty to stealing from Rossmoor woman who employed her

By Malaika Fraley
Contra Costa Times

08/31/2009


An Oakley woman pleaded not guilty today to charges she stole more than $15,000 from a 93-year-old Rossmoor woman for whom she was employed to provide at-home care.

Teresa Bryant, 49, is charged with elder financial abuse by a caretaker, a penalty punishable by up to four years in prison, said Jason Peck, prosecutor for the Contra Costa County District Attorney's elder abuse unit.

Bryant was arrested Aug. 20 after her employer's bank became suspicious about checks that had been deposited and contacted police.


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Jury Selection Begins in Elder Abuse, Murder Trial (FL. USA)

By Missy Diaz

South Florida Sun Sentinel

August 31, 2009

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Potential jurors in the case against a couple accused of starving an 89-year-old Alzheimer's patient to death must fill out a 10-page questionnaire before lawyers for both sides begin asking any questions.

At least 120 Palm Beach County residents were given the questionnaire Monday. The form includes questions about experience as a caregiver for someone with Alzheimer's disease or dementia and whether that might affect the juror's ability to fairly consider the evidence in the first-degree murder case against Kerstin and Toby Fenn.

The jury pool also will have to let the court know whether they ever have worked, volunteered or had any personal dealings with an assisted-living or nursing home facility.

More than 500,000 people are unpaid caregivers in Florida, most of them family members, according to the Alzheimer's Association.

In a trial that may last three weeks, a 12-member panel will have to decide whether the Fenns' treatment of Elly Lorey -- Kerstin Fenn's mother -- constituted murder and elder abuse or whether the couple were justified in the care they provided.

Copyright © 2009, South Florida Sun-Sentinel

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SOURCE: Florida Sun Sentinel

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Elderly Abuse Trial: Care or Deadly Neglect? (FL. USA)

The court case against the daughter and son-in-law of an Alzheimer's-stricken woman who died amid filth will begin Monday.

August 31, 2009

BY MISSY DIAZ

SUN SENTINEL

Elly Lorey spent the last of her 89 years in a state of extreme mental decay, living in a locked, unventilated room where she smeared excrement on the walls and existed on a diet of honey buns and Ramen noodles, according to police reports.

When she died, Lorey's frame had withered to 80 pounds. Despite the undeniable signs of advanced Alzheimer's disease, she received no medical care.

Did her daughter and son-in-law do the best they could under difficult circumstances? Or did their actions constitute elder abuse and murder?

It will be up to a Palm Beach County jury to decide.

Kerstin and Toby Fenn face life imprisonment if convicted at their trial, which is scheduled to begin Monday.

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New Coalition's Mission is Fighting Senior Abuse (NY. USA)

New coalition's mission is fighting senior abuse

City program ended nearly 2 years ago

BY RASHEED OLUWA

POUGHKEEPSIE JOURNAL

AUGUST 31, 2009

When Family Services in the City of Poughkeepsie was forced to cut its elder abuse program nearly two years ago because of a lack of funding, a void was created in the options available to senior crime victims.

A group of local advocates hopes to fill that void with the creation of a coalition aimed at fighting elder abuse and centralizing the services available for victims. The Dutchess County Coalition for Elder Abuse's first meeting is scheduled for noon on Sept. 23 at the Family Partnership Center in the City of Poughkeepsie. The coalition is made up of people involved with law enforcement, crime victims' assistance and services for senior citizens.

Alice Mann, elder programs manager for the Mediation Center of Dutchess County, said she decided to spearhead the coalition after hearing some of her clients' concerns.

"I was seeing a lot of elder abuse issues, and I looked around the county to see what type of resources are available for them," Mann said. "I was seeing everything from physical and verbal abuse to financial exploitation. But there was no organized way to get the information I needed."

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Financial Elder Abuse: Seniors Often 'Prime Target' (USA)

Seniors often ‘prime target’

August 29, 2009

By Jessica Legge
Times West Virginian

Seniors are often the target of financial crimes for several reasons, said Dale Smith, training manager at the National White Collar Crime Center.


During NW3C’s recent event in Fairmont, called “Local to Global — West Virginia: Protecting our Community and Beyond,” Smith gave a presentation to members of the public on fraud committed against seniors and ways for them to prevent becoming victims.

Jim Smallridge from AARP Foundation also talked about current fraud trends during the session, which was called “Awareness and Prevention: Fraudulent Crimes Targeting Seniors.”

Smith said the country’s older population will outnumber younger people by mid-century. Elder financial abuse will become an even more significant issue for law enforcement in the future, which is why NW3C teaches a police course on financial crimes against seniors.

Seniors frequently become victims of fraud because of their financial resources. These older individuals have 70 percent of the financial wealth of the country, which makes them “a target for enterprising criminals,” he said.

Seniors are also accessible because they’re often at home during the day and may have physical limitations. Smith said this group is generally more trusting and willing to take someone’s word, and they can be particularly vulnerable following the death of a loved one.

Most of these crimes are committed by a trusted person rather than a stranger, he said. Affinity fraud, for instance, is a crime committed within a group of like-minded people. Criminals become members of groups and act like they share the same interests.

Identity theft is a significant issue for seniors. Legislation was passed a few years ago that allows consumers to enact a security freeze. People also have the right to a free credit report each year from the three major credit reporting bureaus — Experian, TransUnion and Equifax, Smith said.

When it comes to home improvement, seniors should beware of door-to-door salesmen and required deposits and make sure the professional is licensed. Another danger is sweetheart scammers, who befriend seniors and start siphoning their money, he said.

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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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