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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.

August 2, 2010

Advocates-DA-encourage-reporting-of-elder-abuse



By Kendall Hatch/Daily News staff
Jul 30, 2010

State and local officials are hoping that the services and safety nets provided to the elderly will ensure that no seniors share the same fate as Mary Araujo.
Araujo, who died yesterday on her 81st birthday, was found by police Saturday in a recliner soaked with her own waste and blood in which she had been sitting for a month.
Five family members with whom she lived in the Fall River second-floor apartment face elderly abuse charges, which may be upgraded to manslaughter.
When police found Araujo her skin was decomposing and she had severe bedsores, one of which was so deep that tendons were visible. She spent six days in the hospital with a bacterial infection in her blood before dying yesterday.
"Especially in economic downturns like this, you see increases in elderly abuse," said Middlesex District Attorney Gerald Leone. "There is an erosion of the family dynamic."
Leone said that in tough times, many families who might otherwise place their older relatives in care programs take care of them at home. Occasionally, they are left in the hands of younger family members who are irresponsible or not qualified to provide care. That can lead to neglect and abuse.
But in Middlesex County, Leone said, a program instituted in 2008 seems to be working.
The Leaders in Elder Abuse Prevention program, LEAPS for short, encourages seniors, health care workers and other agencies to report signs of abuse or neglect.
Leone said his office has seen a jump in elder abuse cases since the program was enacted. Although that may sound like bad news off the bat, Leone said it's actually the opposite.
"The first thing you want is for those reporting numbers to go up," he said. "There are now more victims coming in for services and complaining."
In 2008, Leone's office received 242 case referrals. In 2009, that increased to 245. Since January this year, Leone's office has received 301 case referrals.
"It's not necessarily an increase in abuse," he said, "but it's an increase in reports."
Jonathan Fielding, protective services regional manager for the state Executive Office of Elder Affairs, said catching seniors at risk for abuse or neglect is critical.
"Prevention is just as important as alleviation," he said. "We can stop it before it gets bad or before it even happens."
Fielding says Protective Services receives about 16,000 calls per year reporting elder abuse, neglect, or self-neglect. In Massachusetts, about half of the calls are typically about people who may not be taking care of themselves, he said.
Fielding said the 22 protective service agencies established by Elder Affairs across the state try to encourage all agencies that deal with seniors, as well as the general public, to call the elder abuse hotline at 1-800-922-2275 whenever they suspect a senior might be being abused, neglected or not taking care of themselves.
He said some of the main warning signs for elder abuse include bruising, especially in patterns, burn marks, injuries on an immobile person or the inability of a senior to explain their injuries.
He said the state agency also trains people to be aware of signs of emotional and sexual abuse, like withdrawal around certain people, elders who are no longer sexually active contracting sexually transmitted infections or when seniors who need help with personal hygiene become agitated when a someone tries to help them.
Signs of neglect or self-neglect include hoarding, excessive clutter, noticeably poor hygiene and evident nutritional problems, Fielding said.
Fielding encouraged anyone with a concern about an elderly person, even if they are uncertain, to call the hotline.
"You don't need proof," he said. "Let us make the determination."



SOURCE:     Milford Daily News
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Skin Conditions as a Result of Nursing Home Abuse/Neglect

PHOENIX, AZ,
July 30, 2010
24-7PressRelease

Nursing home abuse and neglect has become a national epidemic. The decision to place an elderly loved in a nursing home or assisted living facility can be a very difficult one. All families want and deserve to have their loved one treated just as well as they have treated him or in the past. Unfortunately, however, that is not always the case. Although federal and state laws are in place that require nursing homes maintain the highest levels of safety, there are more than just a few that have slipped through the cracks. Staff members at these homes are physically, emotionally, verbally, sexually and financially abusing and exploiting harmless, vulnerable seniors who cannot defend themselves against these horrific acts of abuse and neglect.

As the elderly population continues to grow, so, too, do the instances of elder abuse in nursing homes. What is even more disturbing than the high number of reported cases of elder abuse and neglect is knowing that there is an equal number of cases that go unreported due to fear, not being able to speak, or having no family members to report the incidents to. Experienced nursing home abuse and neglect attorneys can fight for your loved one's rights and hold the guilty parties responsible by making them pay (literally). Finding a lawyer who is also a medical doctor is not easy but they are out there; lawyers who are also doctors have the unique distinction of fully grasping the medical aspects of the case and being able to explain the injuries (or cause of death) to a judge and jury.

There are many consequences of abuse and neglect of the elderly. Due to their frailty, broken bones, bruises, cuts, and falls are seen day in and day out in some of the facilities that provide substandard care. Bed sores, also referred to as pressure ulcers or decubitus ulcers, are a very serious health hazard in our nation's nursing homes. If left untreated, bed sores can lead to infection, intense pain, gangrene, the need for amputation, and even death.

The integrity of the skin declines with age, and the elderly have a much weaker immune system than the young. Please take the following steps to avoid developing skin conditions in bed-ridden elderly patients:

- Take 2 or 3 showers/baths a week with warm, not hot, water
- Use soap made for dry skin
- Apply lotion immediately after drying skin to lock in moisture
- Drink liquids
- Use a humidifier during winter months and in dry climates
- Avoid saunas
- Avoid alcohol and caffeine


SOURCE:    24/7 PRESS RELEASE
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Laws Out of Pace With Abuse (AUSTRALIA)


26/07/2010

REALISTIC totals for the amount of money misappropriated from older Queens landers each year through financial abuse range from $1-5 billion.
The estimate from the Elder Abuse and Prevention Unit, published in a new Queensland Law Society and Public Advocate of Queensland paper, highlights a key area where existing laws are failing seniors.


The paper looks at issues including whether Queensland law should criminalise the abuse of older people in the same way as abuse of children or people with intellectual disabilities.
It argues the increasing incidence of financial abuse alone shows the law has not developed quickly enough to provide “realistic, accessible and appropriate” remedies for elder abuse victims, and does not provide a deterrent for financial abuse or properly compensate for the pain and suffering victims endure.


Anomalies which make it hard for older people to prove abuse under current laws include a legal presumption that the transfer of an asset from a parent to a child is a gift unless the older person can prove no gift was intended.
The paper argues that while our laws developed during an era when people had shorter life expectancies and were less likely to become dependent on others, longer life expectancies had led to increasingly complex financial relationships within families.


“In light of these factors, the potential for undue influence has increased significantly,” it says.


The report says in cases of physical, sexual and psychological abuse, changes to Queensland’s personal injuries law in 2003 had left older people disadvantaged when seeking compensation by effectively abolishing punitive or aggravated damages.


“Other heads of damage which might be significant for a younger person are generally of little relevance for an older person,” the report says.
“The Civil Liability Act also restricts the general damages component of personal injuries claims. The result is a system which does not provide for adequate compensation of older victims by perpetrators of elder abuse.”
While the guardianship system provides some protection and controls over people with enduring power of attorney, “financial abuse of older persons with impaired capacity occurs regularly, whether unintentionally or deliberately perpetrated”, the report says.
There are no mandatory reporting requirements in Australia obliging financial institutions to report financial abuse, or for any other agencies to report suspected abuse, except in the case of physical or sexual abuse in aged care facilities.


“If older people (regardless of their capacity) are considered generally vulnerable, this has not translated into the creation of specific offences to criminalise their abuse, neglect or exploitation,” the report says.
“Although controversial, the question should be asked about whether the vulnerability of older persons generally is not viewed as seriously as that of other groups of vulnerable people.


“In the absence of specific protections in criminal law, is elder abuse given moral value equivalent to other forms of abuse?”
The paper recommends consideration be given to the introduction of specific elder abuse offences, reflecting the approach taken in the United States.
Queensland Law Society Elder Law Chair, Brian Herd, said the issues paper argued for a multi-agency approach to the issues and consideration of legal reform where appropriate.


“A number of other countries have introduced specific laws and changed others to make it easier for (financial abuse victims) and those suffering other forms of elder abuse to not only access help, but to assist them through any legal process that may follow,” Mr Herd said.


“The aim of this paper is to get people talking and thinking about these sorts of issues and how our laws can be changed to make them more relevant and accessible to the elderly.”


The issues paper is at qls.com.au  Submissions or comments should be emailed to policyreform@qls.com.au or posted to Patrese McVeigh at Queensland Law Society, GPO Box 1785, Brisbane 4000.
Phone 3842-5888.



SOURCE:   The Senior
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California Attorney Discusses What You Can Do About Elder Abuse by a Private Caregiver


If you have had to make the difficult choice of what to do about an elderly family member that is no longer able to take care of themselves without help, then you know how much thought goes into choosing a solution. Many factors go into the ultimate decision including the physical and mental health of your loved one, how much you can depend on additional family members, proximity to long term care facilities and the cost of different care options. For those that can afford a private caregiver, that option frequently sounds like the best choice. After all, a private caregiver allows your loved one to remain in their own home, with familiar surroundings and close to family and friends. If your loved one is still able to do many of the things they have always done for themselves, but is in need of regular medical monitoring or minimal supervision, a private caregiver can be an excellent option. Most private caregivers are well-trained, caring and compassionate people that have dedicated themselves to take care of our senior citizens. Unfortunately, there are a few that take the opportunity to prey on the patients in their charge.
Elder abuse happens every minute of every day across the United States. Our elderly loved ones are the silent victims of our society. A lawyer can determine if you have an elder abuse case. Where domestic violence and child abuse were once grossly under reported, elder abuse has now become one of the most under-reported crimes in our society. Many seniors to not report abuse, neglect or mistreatment out of fear or shame. Estimates are that as much as 80% of elder abuse goes unreported. Elder abuse can happen in a nursing home, hospital, long term care facility or by a family member. Private caregivers are also sometimes guilty of abusing, neglecting or mistreating their patients. The very nature of the relationship between a private caregiver and her patient creates a perfect opportunity for abuse. A private caregiver generally spends a good deal of time alone with her patient. She may gain his confidence or instill fear. Either way, the close – and often isolated – nature of the caregiver/patient relationship can create an atmosphere conducive to abuse. Under these circumstances, elderly patients may feel that they can trust the caregiver and may give them access to money, let them have possessions or sign away property that they would otherwise not do. This may amount to financial abuse. Conversely, they may feel overly dependent on the caregiver and feel afraid to say no to them for fear of reprisals. Physical abuse and neglect may go unnoticed for some time if the private caregiver is the only person that your loved one interacts with on a regular basis.
If you choose to utilize a private caregiver for your loved one, take it upon yourself to check in at unexpected times and make sure that your loved one is getting the care he deserves. If you suspect that your loved one has suffered elder abuse, you may be able to file a lawsuit against the caregiver and/or her employer. Contact California elder abuse attorney Emery Ledger of Ledger & Associates for more information about your legal rights and to schedule a free detailed evaluation of your loved one’s situation. Attorney Ledger can be reached at his toll-free number 1-800-300-0001 or visit him on the Internet at www.ledgerlaw.com.



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August 1, 2010

Nursing Home Residents in Emergency Care After Illegal Workers Raid (UK)

Dozens of nursing home residents are in emergency care after more than a several staff members were arrested for being illegal immigrants.
By Andrew Hough
31 Jul 2010

UK Border Agency officials raided the Linford Park Nursing Home in Ringwood, on the outskirts of the New Forest, Hants, amid concerns about the care of residents.
Officials entered the home, which cares for patients with dementia and physical disabilities, after a tip off.
Four of the centre’s managers and carers on suspicion of mistreating vulnerable patients.
On Friday night, emergency care staff were moving 34 frail residents to alternative accommodation.
"We have had to move a number of the most vulnerable and frail elderly people to alternative care,” Felicity Hindson, Hampshire County Council's executive member for adult social care.
A Hampshire police spokesman said a 62-year-old man from Christchurch, a 61-year-old woman from London and a 78-year-old man, also from London, were arrested on suspicion of neglect.
A 47-year-old man from Ringwood was also arrested on suspicion of neglect. None of the group have been named.
"It is believed that those arrested are responsible for the management of the care home or for the care of the residents,” said a Hampshire police spokesman.
Officials also discovered eight female workers from Ghana, Malawi and the Philippines and three males from Ghana and the Philippines were working illegally.
The rural care home, set within 26 acres, is owned by Linford Park Care Homes Ltd and accommodates 107 residents in 44 single and nine shared rooms.
The home's website claims it is registered to provide social, personal and nursing care to frail, elderly patients and those people with dementia over the age of 65 years.
It was rated adequate and given one star in its latest inspection by the Commission For Social Care.
"The operation was intelligence led and targeted immigration offenders working illegally at the home,” said a UK Border agency spokesman.
He said 13 workers were found to be illegal immigrants. Two were released on bail while the rest were in custody last night.
A spokesman from the Care Quality Commission added: "We will monitor the situation extremely closely over the next few days and will take any further action that may be required."
The centre’s managers were released on police bail on Friday night until October pending further inquiries.



SOURCE:     The Telegraph, UK
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Politics and Aged Care (AUSTRALIA)

Libs pledge 3000 extra aged-care beds to curb crisis
By STEPHANIE PEATLING AND KIRSTY NEEDHAM DARWIN
August 1, 2010

A COALITION government would free 3000 aged-care beds to ease the nursing home-care crisis.
Opposition Leader Tony Abbott will announce a plan today to convert up to 3000 already allocated and funded high-care residential aged-care bed licences into operational places.
"State hospitals in crisis, especially in NSW and Queensland, are putting even more pressure on an aged-care system that doesn't get the support it deserves from Labor,'' Mr Abbott said.
Mr Abbott said the program would begin immediately if he was elected, with funding of $90 million for incentive payments to nursing home operators. Providers would receive $30,000 for each bed in an attempt to push them to make available allocated places. Ongoing costs would be $355 million over four years.
In a further bid for the grey vote, Mr Abbott said he would spend $14 million on pets as therapies programs to help community organisations train dogs and cats to go into nursing homes.
Minister for Ageing Justine Elliot called on Mr Abbott to back a national aged-care system and guarantee that existing funding levels would not be cut.
"Older Australians who rely on these services and the nurses and carers that deliver these services deserve certainty the Commonwealth government will continue to take full funding responsibility," she said. "Given Tony Abbott's record, they also deserve certainty that current funding levels will not be cut."
Mr Abbott's ''extremist'' past rhetoric will be highlighted in an aggressive campaign by Labor, which will use its new underdog status to warn voters to take a closer look at the man who could be prime minister.
Labor will dredge up dozens of comments by Mr Abbott on issues such as industrial relations, abortion, teenage sex, marriage and climate change. The government's dossier includes Mr Abbott's hardline attitudes to women and abortion, including a 2006 statement that there was ''a bizarre double standard in this country where someone who kills a pregnant woman's baby is guilty of murder but a woman who aborts an unborn baby is simply exercising choice''.
Mr Abbott campaigned yesterday in the marginal Labor-held seat of Solomon, around Darwin, including an inspection of HMAS Maitland, which patrols for illegal entries and intercepts asylum seekers.
Mr Abbott said if elected he would free land owned by Defence for housing as well as $77.5 million to improve medical and dental services for serving Defence personnel.
SOURCE:    The SMH

( We know it's election time, when politicians make promises about more funding for Aged Care. It seems to be the same pattern, whether it's in Europe, USA, Australia etc. 
May be we should be less cynical; but hold politicians to their pre-election promises. I believe that any government who ignore the ''grey voters" or senior issues should not be re-elected. It is short-sighted of many politicians to either cut back fundings for Aged Care; or failed to plan for an aging population needs.


......................... Andrew)
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Cuts in Home Care Put Elderly and Disabled at Risk (USA)

Cuts in Home Care Put Elderly and Disabled at Risk
July 16, 2010

HILLSBORO, Ore. —
As states face severe budget shortfalls, many have cut home-care services for the elderly or the disabled, programs that have been shown to save states money in the long run because they keep people out of nursing homes.
Since the start of the recession, at least 25 states and the District of Columbia have curtailed programs that include meal deliveries, housekeeping aid and assistance for family caregivers, according to the Center on Budget and Policy Priorities, a research organization. That threatens to reverse a long-term trend of enabling people to stay in their homes longer.
For Afton England, who lives in a trailer home here, the news came in a letter last week: Oregon, facing a $577 million deficit, was cutting home aides to more than 4,500 low-income residents, including her. Ms. England, 65, has diabetes, spinal stenosis, degenerative disc disease, arthritis and other health problems that prevent her from walking or standing for more than a few minutes at a time.
Through a state program, she has received 45 hours of assistance a month to help her bathe, prepare meals, clean her house and shop. The program had helped make Oregon a model for helping older and disabled people remain in their homes.
But state legislators say home care is a service the state can no longer afford. Cuts affecting an additional 10,500 people are scheduled for Oct. 1.
“They yanked the rug out from underneath us,” said Ms. England, who lives on $802 a month from Social Security. “I’m scared. I’m petrified. I can’t function on my own. I took care of my husband for eight years. Already I’ve given up many of my freedoms. Now they’ve taken our dignity. I’d like them to try living in my body for a week.”
Her case manager, Brandi Lemke, shook her head. “This is not saving any money,” she said.
Ms. Lemke said she feared that Ms. England would “end up in the hospital because of the diabetes” and be in assisted living by the end of the year. “If she takes a fall,” Ms. Lemke said, “she may require more than assisted living can handle.”

Abridged
SOURCE:    The New York Times
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GROWING OLD ALONE (JAPAN)


Elderly living alone increasingly dying the same way
Sign of an aging, isolated society: lack of family, government support

Staff writer

Die unnoticed and in two months all that is left is the stench, a rotting corpse and maggots.
And this is not a war zone or even an episode of "CSI." As Japan's population rapidly ages and more seniors find themselves living on their own, many are also dying alone, victims of "kodokushi" (lonely death) who only get noticed well after the fact.
Kodokushi has neither an official definition nor data, but just in Tokyo, people over 65 who died alone in their residence, including by suicide, stood at 2,211 in 2008, compared with 1,364 in 2002, according to the Tokyo Medical Examiner's Office.
"Those who live alone and have no friends tend to be isolated from society," said Katsuhiko Fujimori, manager and chief research associate of social policy at Mizuho Information and Research Institute.
"A lot of young people, especially men, came to big cities to work during the period of postwar economic growth, and now they are old and alone" because they are unmarried or their partner died, he said. "They might have wanted a free lifestyle, escaping from a close-knit community. But now that they're old, they can't live alone, especially if they need nursing care."
Dying alone has become a growing issue as the society rapidly ages. The government has long assumed families would care for the elderly and thus was able to minimize funding for social welfare, compared with nations in Northern Europe that have extensive welfare systems.
Fujimori said the government must confront the problems of social isolation, poverty and nursing care, because not only are more older people living alone but singles in general are increasing.


Fujimori said public support for the elderly living alone is well established in Northern Europe, particularly in terms of housing. "It's a big difference (compared with Japan)," he said.
Britain, Denmark and Sweden provide financial support for barrier-free housing with caretakers or nurses who can watch seniors around the clock.
"What's more, (Europeans) get 'informal care' from friends," said Fujimori, indicating voluntary nursing care by family, friends and neighbors.
In Japan, such informal care provided by nonfamily members amounted to just 3 percent, according to a 2005 OECD report, compared with 53 percent in Sweden, 45 percent in Canada, and 35 percent in the U.S. and the U.K.
Researchers also point out that Japan lags greatly in taking measures to help impoverished seniors living alone.
Abridged
SOURCE:     JAPAN TIMES


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Conservatives accused of U-turn on 'death tax' to care for elderly (UK)

Conservatives accused of U-turn on 'death tax' to care for elderly
Health secretary Andrew Lansley sets up commission to examine compulsory funding of long-term care
Nicholas Watt, Randeep Ramesh and David Brindle
guardian.co.uk
20 July 2010

The government was accused today of performing a U-turn on one of the most explosive issues of the general election when the health secretary,Andrew Lansley, left open the option of a "death tax" to fund long-term care for the elderly.

Only months after waging a Tory poster campaign against the Labour plan, Lansley established a new independent commission that will be free to examine compulsory funding of long-term care.
He is already under fire for abandoning commitments in the coalition agreement after he abolished primary care trusts.
Andy Burnham, the shadow health secretary, said: "Today's announcement is yet another example of the Tories changing their tune only weeks after the election. When I called cross-party talks [as health secretary], Mr Lansley refused to attend unless a compulsory option was taken off the table. He even produced crass posters with gravestones to make his point. Now he is giving this commission free rein to look at compulsory options."

Abridged
SOURCE:     The Guardian, UK

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One in Five Older Persons Subjected to Violence (Middle East)

Middle East: One in Five Older Persons Subjected to Violence
July 8, 2010
(Article in Arabic)

The proportion of elder victims constitutes 1 out of every 5 older persons in the Middle East, indicative of the high rate of elder abuse. At a meeting for International Day of Elder Rights, representatives from various Arab countries referred to two reasons for the lack of care and neglect. First, family members intentionally fail to assist the older person, causing direct or indirect harm. Secondly, family members may be unable to provide care due to employment and other priorities, ultimately leading to neglect. 


SOURCE:   GlobalAgingOrg
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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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