By Tie Shank
Many people are sadly mistaken in to thinking domestic violence is a younger woman’s issue, but unfortunately, violence and abuse have no discriminating factors. Age is no protection against sexual or domestic abuse and perpetrators are often those you’d never expect: home health aides, nursing home staff or residents or one’s own family members. In 2010 the National Center for Victims Crime Publication found that in sexual abuse cases involving adults 60 years and older, only 15.5 Percent reported their abuse to the police.
Numerous things make older adults vulnerable to abuse: Their physical limitations, social isolation, mental impairments, fear of losing their independence, fear or lack of financial resources or housing, fear of retaliation, or shame and embarrassment are just a few.
Abusive behavior is not always sexual or physical, it can be anything used to maintain or gain power or control of a person. It can be psychological threats or actions that influence another person such as; intimidating behaviors, humiliation, terrorizing, blaming, frightening, or hurting them.
It’s important to take note of any changes in your friends or loved ones. Changes could be as simple as an unexplained bruise, a behavioral or attitude change, withdrawing from routine activities, isolating themselves from others, confining themselves to a certain room, a newly developed fear of speaking to their suspect or giving inconsistent explanations to injuries. If you suspect abuse, express your concern to your friend or loved one.
There is help available. If you are in immediate danger, call 9-1-1. If you are in need of emergency safety services, shelter or support, call the National Domestic Violence Hotline 1-800-799-SAFE (7233). Your health and safety is extremely important.
SOURCE: The RoundUpWeb
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November 15, 2012
Old, Infirm and at the Center of a Legal Struggle
By WALECIA KONRAD
November 13, 2012
TWO years ago when Arthur Cropsey’s wife died, it became clear to his family that Mr. Cropsey, now 91, could no longer live on his own in his California home. So his sister, Anna Mae Franklin, 83, of Colonie, N.Y., and her daughter, Linda Lyons, 61, flew out to get Mr. Cropsey and bring him back to New York State.
Looking After a Loved One's Affairs
Soon after came two frightening realizations, Ms. Franklin said. First, Mr. Cropsey was in much worse shape than she had imagined. He suffered from severe memory loss and mood swings. During much of the day he was disoriented and at night he would pace from room to room in her small trailer home.
Second, Ms. Franklin thought that Ms. Lyons, with the help of her boyfriend, David Watson, 43, a lawyer, had gained control of a good portion of Mr. Cropsey’s money, which totalled more than $2 million in cash and investments. It looked to Ms. Franklin as if the couple were spending Mr. Cropsey’s money on themselves.
She and her daughter fought bitterly and ended up in court, each side accusing the other of mishandling Mr. Cropsey’s affairs. Eventually the judge ruled against the daughter and her boyfriend.
“The court notes that the actions by Linda Lyons and David Watson are inappropriate, and demonstrate a distinct intent to take advantage of Mr. Cropsey,” Acting Justice Kimberly A. O’Connor wrote for the state Supreme Court, adding that the pair had treated his money as their own and “spent it in excessive ways that were often for their benefit.”
Sadly, such family conflicts commonly arise from caring for the elderly and often end up in court. In this case, the daughter still disputes the court’s ruling and much of her mother’s version of events. Mr. Watson declined to comment, and the couple’s lawyer did not respond to messages seeking comment.
In general, financial manipulation is one of the fastest-growing areas of elder abuse, said Bob Blancato, national coordinator of the Elder Justice Coalition. It includes things like telephone investment swindles and caregivers, including family members, stealing money from vulnerable seniors.
The annual loss by elder financial abuse victims is close to $3 billion, according to a 2010 survey by the MetLife Mature Market Institute, a 12 percent increase from 2008. Thirty-four percent of that abuse is attributed to family, friends, neighbors and paid caregivers, according to the survey.
Those numbers don’t begin to reflect the actual incidence of abuse, said Sandra Timmermann, executive director of the institute. For every case that is reported, an estimated four or five are not, she said.
In Mr. Cropsey’s case, the court, having found him mentally incapacitated, decided to appoint an independent trustee as guardian of his finances, while keeping Ms. Franklin in charge of his care. Ms. Lyons and Mr. Watson returned close to $42,000 of Mr. Cropsey’s money, the ruling noted. He moved into an assisted-living facility.
As a story of family disunity amid the challenges of elder care, the case offers little uplift. The judge’s ruling, issued in October 2011, found that Mr. Watson had Mr. Cropsey sign documents to give Ms. Lyons power of attorney; Ms. Franklin previously had that power. And Mr. Watson had Mr. Cropsey sign a will leaving his entire estate to Ms. Lyons, according to the ruling. Mr. Cropsey did not have a will at the time, so under New York State law much of his estate would have gone to Ms. Franklin.
Justice O’Connor referred to that action as “egregious” given that Mr. Cropsey’s mental capacity was questionable and, referring to Mr. Watson, said that “the canons of ethics by which a lawyer must abide and conduct himself or herself require examination in this instance.”
Ms. Lyons declined to comment on Mr. Cropsey’s will, but did offer an account of her and Mr. Watson’s spending that differed from her mother’s.
Abridged
SOURCE: The New York Times
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November 13, 2012
TWO years ago when Arthur Cropsey’s wife died, it became clear to his family that Mr. Cropsey, now 91, could no longer live on his own in his California home. So his sister, Anna Mae Franklin, 83, of Colonie, N.Y., and her daughter, Linda Lyons, 61, flew out to get Mr. Cropsey and bring him back to New York State.
Looking After a Loved One's Affairs
Soon after came two frightening realizations, Ms. Franklin said. First, Mr. Cropsey was in much worse shape than she had imagined. He suffered from severe memory loss and mood swings. During much of the day he was disoriented and at night he would pace from room to room in her small trailer home.
Second, Ms. Franklin thought that Ms. Lyons, with the help of her boyfriend, David Watson, 43, a lawyer, had gained control of a good portion of Mr. Cropsey’s money, which totalled more than $2 million in cash and investments. It looked to Ms. Franklin as if the couple were spending Mr. Cropsey’s money on themselves.
She and her daughter fought bitterly and ended up in court, each side accusing the other of mishandling Mr. Cropsey’s affairs. Eventually the judge ruled against the daughter and her boyfriend.
“The court notes that the actions by Linda Lyons and David Watson are inappropriate, and demonstrate a distinct intent to take advantage of Mr. Cropsey,” Acting Justice Kimberly A. O’Connor wrote for the state Supreme Court, adding that the pair had treated his money as their own and “spent it in excessive ways that were often for their benefit.”
Sadly, such family conflicts commonly arise from caring for the elderly and often end up in court. In this case, the daughter still disputes the court’s ruling and much of her mother’s version of events. Mr. Watson declined to comment, and the couple’s lawyer did not respond to messages seeking comment.
In general, financial manipulation is one of the fastest-growing areas of elder abuse, said Bob Blancato, national coordinator of the Elder Justice Coalition. It includes things like telephone investment swindles and caregivers, including family members, stealing money from vulnerable seniors.
The annual loss by elder financial abuse victims is close to $3 billion, according to a 2010 survey by the MetLife Mature Market Institute, a 12 percent increase from 2008. Thirty-four percent of that abuse is attributed to family, friends, neighbors and paid caregivers, according to the survey.
Those numbers don’t begin to reflect the actual incidence of abuse, said Sandra Timmermann, executive director of the institute. For every case that is reported, an estimated four or five are not, she said.
In Mr. Cropsey’s case, the court, having found him mentally incapacitated, decided to appoint an independent trustee as guardian of his finances, while keeping Ms. Franklin in charge of his care. Ms. Lyons and Mr. Watson returned close to $42,000 of Mr. Cropsey’s money, the ruling noted. He moved into an assisted-living facility.
As a story of family disunity amid the challenges of elder care, the case offers little uplift. The judge’s ruling, issued in October 2011, found that Mr. Watson had Mr. Cropsey sign documents to give Ms. Lyons power of attorney; Ms. Franklin previously had that power. And Mr. Watson had Mr. Cropsey sign a will leaving his entire estate to Ms. Lyons, according to the ruling. Mr. Cropsey did not have a will at the time, so under New York State law much of his estate would have gone to Ms. Franklin.
Justice O’Connor referred to that action as “egregious” given that Mr. Cropsey’s mental capacity was questionable and, referring to Mr. Watson, said that “the canons of ethics by which a lawyer must abide and conduct himself or herself require examination in this instance.”
Ms. Lyons declined to comment on Mr. Cropsey’s will, but did offer an account of her and Mr. Watson’s spending that differed from her mother’s.
Abridged
SOURCE: The New York Times
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November 12, 2012
Elite Nursing Home Probed (AUSTRALIA)
Elite nursing home probed
November 11, 2012
Rachel Browne
Sun-Herald journalist
ONE of the country's most prestigious nursing homes, Sydney's Lulworth House, is under investigation over serious allegations of neglect.
Elite residents of the nursing home include former prime minister Gough Whitlam, former NSW premier Neville Wran, former University of Sydney chancellor Dame Leonie Kramer and entertainer Jeanne Little.
The federal Department of Health and Ageing has confirmed that the Aged Care Complaints Scheme is investigating concerns raised by three parties whose relatives died between June and August. A separate complaint has also been made to the NSW Health Care Complaints Commission.
The complaints relate to the deaths of three elderly residents, whose relatives say they chose the Elizabeth Bay facility because of its excellent reputation, with its marketing material claiming high levels of comfort and luxury.
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It is one of the most expensive aged care facilities in the country, with residents paying up to $220 a day.
All three complainants, who do not wish to be identified, have also raised questions about staff numbers at Lulworth, noting that in the afternoons there are very few assistants in nursing available to help feed and toilet approximately 154 residents. They have also taken issue with lack of staff supervision by registered nurses on duty.
Mark Compton, the chief executive officer of St Luke's Care which owns the home, denied that residents were malnourished and said staff to resident ratios fulfilled care needs.
SOURCE: The Age
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November 11, 2012
Rachel Browne
Sun-Herald journalist
ONE of the country's most prestigious nursing homes, Sydney's Lulworth House, is under investigation over serious allegations of neglect.
Elite residents of the nursing home include former prime minister Gough Whitlam, former NSW premier Neville Wran, former University of Sydney chancellor Dame Leonie Kramer and entertainer Jeanne Little.
The federal Department of Health and Ageing has confirmed that the Aged Care Complaints Scheme is investigating concerns raised by three parties whose relatives died between June and August. A separate complaint has also been made to the NSW Health Care Complaints Commission.
The complaints relate to the deaths of three elderly residents, whose relatives say they chose the Elizabeth Bay facility because of its excellent reputation, with its marketing material claiming high levels of comfort and luxury.
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It is one of the most expensive aged care facilities in the country, with residents paying up to $220 a day.
All three complainants, who do not wish to be identified, have also raised questions about staff numbers at Lulworth, noting that in the afternoons there are very few assistants in nursing available to help feed and toilet approximately 154 residents. They have also taken issue with lack of staff supervision by registered nurses on duty.
Mark Compton, the chief executive officer of St Luke's Care which owns the home, denied that residents were malnourished and said staff to resident ratios fulfilled care needs.
SOURCE: The Age
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Attorney General Cracks Down on Nursing Home Abuse (CA. USA)
California Attorney General Vows to Ramp Up Elder Abuse Investigations
California nursing home abuse lawyer weighs in on Attorney General Kamala Harris' announcement that her office will vigorously pursue criminal charges against those suspected of elder abuse. According to a Nov. 3 news report in The Sacramento Bee, Harris has promised to particularly pursue nursing home abuse and neglect cases.
Attorney General cracks down on nursing home abuse
Harris' bold move is commendable and could put nursing homes on notice.
Newport Beach, CA
(PRWEB)
November 10, 2012
Representatives of California Attorney General Kamala Harris are saying that they will begin aggressively building more criminal cases involving elder abuse, particularly nursing home neglect and abuse cases, statewide. According to a Nov. 3 article in The Sacramento Bee, the Attorney General's office is forming three specialized teams – one in Sacramento and two in Southern California – to pursue criminal charges against nursing home administrators and employees "where deep, systemic problems are suspected."
Harris tells the Bee that elder abuse is a tragic crime because it targets the most vulnerable section of our population – seniors. She tells the newspaper that these types of crimes are pervasive, but often under reported, which is why "we must become more resolute in our protection of them." According to the report, in California and the rest of the country, criminal prosecutions of nursing homes or nursing home employees is rare and allegations of abuse or neglect are usually handled in the civil courts. The report states that elder abuse complaints filed by the California Attorney General dropped from 112 in 2002 to 60 in 2011.
Harris' bold move is commendable and could put nursing homes on notice, said John Bisnar, founder of the Bisnar | Chase personal injury law firm. "However, criminal prosecution of nursing homes can be challenging. Although the burden of proof in civil cases is on the plaintiff, the standard is lower. In criminal cases, the prosecution must prove beyond a reasonable doubt that the nursing home or staff intended to harm the victim."
In addition, the victim or victim's family may not be fully compensated monetarily for their significant losses, Bisnar said. "In my experience, a number of these large corporations that run nursing homes understaff their facilities to bulk up profits. They put money ahead of frail, elderly residents who depend on them. The best way to make them pay is by hitting them where it hurts the most – their pocketbook."
SOURCE: PRWEB
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California nursing home abuse lawyer weighs in on Attorney General Kamala Harris' announcement that her office will vigorously pursue criminal charges against those suspected of elder abuse. According to a Nov. 3 news report in The Sacramento Bee, Harris has promised to particularly pursue nursing home abuse and neglect cases.
Attorney General cracks down on nursing home abuse
Harris' bold move is commendable and could put nursing homes on notice.
Newport Beach, CA
(PRWEB)
November 10, 2012
Representatives of California Attorney General Kamala Harris are saying that they will begin aggressively building more criminal cases involving elder abuse, particularly nursing home neglect and abuse cases, statewide. According to a Nov. 3 article in The Sacramento Bee, the Attorney General's office is forming three specialized teams – one in Sacramento and two in Southern California – to pursue criminal charges against nursing home administrators and employees "where deep, systemic problems are suspected."
Harris tells the Bee that elder abuse is a tragic crime because it targets the most vulnerable section of our population – seniors. She tells the newspaper that these types of crimes are pervasive, but often under reported, which is why "we must become more resolute in our protection of them." According to the report, in California and the rest of the country, criminal prosecutions of nursing homes or nursing home employees is rare and allegations of abuse or neglect are usually handled in the civil courts. The report states that elder abuse complaints filed by the California Attorney General dropped from 112 in 2002 to 60 in 2011.
Harris' bold move is commendable and could put nursing homes on notice, said John Bisnar, founder of the Bisnar | Chase personal injury law firm. "However, criminal prosecution of nursing homes can be challenging. Although the burden of proof in civil cases is on the plaintiff, the standard is lower. In criminal cases, the prosecution must prove beyond a reasonable doubt that the nursing home or staff intended to harm the victim."
In addition, the victim or victim's family may not be fully compensated monetarily for their significant losses, Bisnar said. "In my experience, a number of these large corporations that run nursing homes understaff their facilities to bulk up profits. They put money ahead of frail, elderly residents who depend on them. The best way to make them pay is by hitting them where it hurts the most – their pocketbook."
SOURCE: PRWEB
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November 10, 2012
Seniors Often Targeted for Cash in Telemarketing Scams (ON. CANADA)
November 9, 2012
As Crime Prevention Week continues, the Greater Sudbury Police Service has tips on how to prevent fraud against seniors, an oft-targeted group.
Seniors are often targeted for fraud, whether it's for unbelievable investment returns or sweepstake prizes. Fraud on seniors can happen by phone, mail, in person or online. Phone fraud -- what to look out for:
* You have been identified as the grand prize winner, but if the prize is not accepted immediately (and the handling charge paid) the runner-up will get the prize instead.
* The telemarketer screams and hollers about how excited he is that you've won.
* The telemarketer passes the phone to his "boss," so you will know the offer is "legitimate."
* The telemarketer explains that he won't receive a commission unless you accept the prize and pay the handling fee. If you don't have enough money to pay the fee, you are asked how much you can afford. That amount is then accepted because the telemarketer is so happy that you've won the prize.
What to do:
* Never give out personal information to anyone over the phone.
Comeback: "I don't give out personal information over the phone. I'll contact the company directly."
* Do not send money to cover the "handling charge" or to pay taxes.
Comeback: "I shouldn't have to pay for something that's free."
* "Limited time offers" shouldn't require you to make a decision on the spot.
* Comeback: "I'll think about it and call you back. What's your number?"
* Be suspicious of anyone who tells you not to discuss the offer with someone else.
Comeback: "I'll discuss it with my family and friends and get back to you."
* If you don't understand all the verbal details, ask for it in writing.
Comeback: "I can't make a decision until I receive written information."
SOURCE: TheSudburyStar
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Nurse Sex Video Prompts Elder Abuse Suit (San Diego)
Nurse sex video prompts elder abuse suit
November 06, 2012
Pauline Repard
SAN DIEGO
Two male registered nurses in San Diego are under investigation after graphic videos showed them apparently engaging in sex acts with a 98-year-old bedridden stroke patient and each other, state officials said Tuesday.
“It appears to show very egregious behavior,” said Russ Heimerich, spokesman for the state Department of Consumer Affairs, which launched an investigation last year. “I don’t know if we’ve ever had a case that has a video like this. We are working to shut them down.”
The District Attorney’s Office is considering criminal charges against Russel O. Torralba and Alfredo V. Ruiz, and their nursing licenses have been suspended pending an administrative hearing next week, authorities said.
In one of several videos, two men in blue nurses’ scrubs can be seen in the female patient’s bedroom fondling each other while one touches her hand. One man then appears to fondle himself over her hand as he leans over and kisses her face.
The patient had paid caregivers for years, but after suffering a stroke and right-side paralysis in 2005, she hired skilled nurses at her home, said attorney William M. Berman, who has been hired by the woman’s family.
Berman said the woman’s daughter went through AMS Home Care Solutions in February 2011 to hire two 12-hour shift registered nurses at a rate of $1,300 a day. The daughter began to suspect that her mother was not being cared for properly, but complaints to the company went nowhere, Berman said.
About two weeks later, family members viewed video from security cameras that had been installed in the woman’s home years earlier, Berman said.
“What they saw was horrific,” said Berman, who specializes in elder abuse lawsuits. “These acts are unfathomable.”
He said videos show the men sexually gratifying one another and touching the woman, even putting her hand inside the pants of one of the men.
The daughter hired Berman to sue AMS, Ruiz and Torralba for alleged fraud, elder abuse and negligent supervision. The suit was filed in June in San Diego Superior Court and is set for trial Jan. 14, Berman said.
“It’s not about the money, it’s about dignity and accountability, to ensure this doesn’t happen to anyone else,” Berman said.
The woman, who is now 99 years old, is aware of herself and her surroundings but is unable to call out for help, Berman said.
Attorneys for AMS, Ruiz and Torralba could not be reached by phone Tuesday afternoon.
The family filed a complaint with state Consumer Affairs in April 2011. The agency sent the case to county prosecutors in July of this year, and it is still under review, district attorney spokesman Steve Walker said Tuesday.
State spokesman Heimerich said an administrative law judge ordered an interim suspension of Ruiz’s and Torralba’s nursing licenses on Oct. 24. Under terms of the suspension, they may still work as nurses in a hospital setting, but not together, and not in private homes or facilities.
A hearing on permanent suspension of their licenses is set for Nov. 14, Heimerich said.
SOURCE: The NC Times
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November 06, 2012
Pauline Repard
SAN DIEGO
Two male registered nurses in San Diego are under investigation after graphic videos showed them apparently engaging in sex acts with a 98-year-old bedridden stroke patient and each other, state officials said Tuesday.
“It appears to show very egregious behavior,” said Russ Heimerich, spokesman for the state Department of Consumer Affairs, which launched an investigation last year. “I don’t know if we’ve ever had a case that has a video like this. We are working to shut them down.”
The District Attorney’s Office is considering criminal charges against Russel O. Torralba and Alfredo V. Ruiz, and their nursing licenses have been suspended pending an administrative hearing next week, authorities said.
In one of several videos, two men in blue nurses’ scrubs can be seen in the female patient’s bedroom fondling each other while one touches her hand. One man then appears to fondle himself over her hand as he leans over and kisses her face.
The patient had paid caregivers for years, but after suffering a stroke and right-side paralysis in 2005, she hired skilled nurses at her home, said attorney William M. Berman, who has been hired by the woman’s family.
Berman said the woman’s daughter went through AMS Home Care Solutions in February 2011 to hire two 12-hour shift registered nurses at a rate of $1,300 a day. The daughter began to suspect that her mother was not being cared for properly, but complaints to the company went nowhere, Berman said.
About two weeks later, family members viewed video from security cameras that had been installed in the woman’s home years earlier, Berman said.
“What they saw was horrific,” said Berman, who specializes in elder abuse lawsuits. “These acts are unfathomable.”
He said videos show the men sexually gratifying one another and touching the woman, even putting her hand inside the pants of one of the men.
The daughter hired Berman to sue AMS, Ruiz and Torralba for alleged fraud, elder abuse and negligent supervision. The suit was filed in June in San Diego Superior Court and is set for trial Jan. 14, Berman said.
“It’s not about the money, it’s about dignity and accountability, to ensure this doesn’t happen to anyone else,” Berman said.
The woman, who is now 99 years old, is aware of herself and her surroundings but is unable to call out for help, Berman said.
Attorneys for AMS, Ruiz and Torralba could not be reached by phone Tuesday afternoon.
The family filed a complaint with state Consumer Affairs in April 2011. The agency sent the case to county prosecutors in July of this year, and it is still under review, district attorney spokesman Steve Walker said Tuesday.
State spokesman Heimerich said an administrative law judge ordered an interim suspension of Ruiz’s and Torralba’s nursing licenses on Oct. 24. Under terms of the suspension, they may still work as nurses in a hospital setting, but not together, and not in private homes or facilities.
A hearing on permanent suspension of their licenses is set for Nov. 14, Heimerich said.
SOURCE: The NC Times
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Care Home Boss Says Case 'Sends Message' UK
November 09, 2012
Plymouth Herald
THE BOSS of the nursing home where a carer stole more than £3,000 from an elderly resident has welcomed her suspended prison sentence.
Tina Cox, aged 47, took the bank card from the 90-year-old woman and used it repeatedly to withdraw hundreds of pounds.
Cox, of Cockington Crescent, Leigham, admitted theft of £3,600 at the Lelant Nursing Home in Mannamead between April and July.
Plymouth magistrates gave her a four-month jail term suspended for 12 months and ordered her to do 200 hours unpaid work. She must pay back all the money she stole.
Ian Taylor, managing director of the Pilling Care Group, which owns the home, said after the case that she had been dismissed as soon as her crimes were discovered.
He added: "This sends a very clear message out that this behaviour will not be tolerated by us or indeed any care home.
"We have got strict security procedures in place and we have tightened them further. This is a very sad case.
"This is the first time we have had anything like this in any of our homes and we hope it will be the last."
Mr Taylor said the lady had been repeatedly advised to lock her bank card in the safe.
He added: "She can become a bit confused at times, but she has not been affected by this at all."
The court heard Cox used the card to withdraw hundreds of pounds on a dozen occasions. It was three months before the thefts were noticed. Police identified her from CCTV footage at a cash machine.
SOURCE: ThisIsPlymouth, UK
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Plymouth Herald
THE BOSS of the nursing home where a carer stole more than £3,000 from an elderly resident has welcomed her suspended prison sentence.
Tina Cox, aged 47, took the bank card from the 90-year-old woman and used it repeatedly to withdraw hundreds of pounds.
Cox, of Cockington Crescent, Leigham, admitted theft of £3,600 at the Lelant Nursing Home in Mannamead between April and July.
Plymouth magistrates gave her a four-month jail term suspended for 12 months and ordered her to do 200 hours unpaid work. She must pay back all the money she stole.
Ian Taylor, managing director of the Pilling Care Group, which owns the home, said after the case that she had been dismissed as soon as her crimes were discovered.
He added: "This sends a very clear message out that this behaviour will not be tolerated by us or indeed any care home.
"We have got strict security procedures in place and we have tightened them further. This is a very sad case.
"This is the first time we have had anything like this in any of our homes and we hope it will be the last."
Mr Taylor said the lady had been repeatedly advised to lock her bank card in the safe.
He added: "She can become a bit confused at times, but she has not been affected by this at all."
The court heard Cox used the card to withdraw hundreds of pounds on a dozen occasions. It was three months before the thefts were noticed. Police identified her from CCTV footage at a cash machine.
SOURCE: ThisIsPlymouth, UK
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November 5, 2012
Woman Stole from Elderly Father (NEW ZEALAND)
LYN HUMPHREYS
A frail, elderly man spent two days in the witness box - a defibrillator sitting close by on a court bench - giving evidence against his trusted daughter who cleaned out his bank account.
His bills unpaid, 75-year-old Ron Warren was forced to leave his retirement apartment in New Plymouth where he thought he would spend his last days.
Elder abuse support groups and police said yesterday such prosecutions are rarely seen in the courts.
But they are believed to be just the tip of the iceberg of similar offending perpetrated by children taking advantage of their vulnerable elderly parents.
Aged parents are often reluctant to report their children to police.
After a day-and-a-half of evidence in a defended hearing in New Plymouth District Court, Mr Warren's daughter Michelle Tracey Murphy, 41, yesterday pleaded guilty to eight representative charges.
She admitted helping herself to $20,000 from her father's bank account over an eight-month period.
At the request of police prosecutor Sergeant Lewis Sutton, Judge Max Courtney withdrew another 120 charges - totalling $40,000.
The court was told Murphy's father had given his daughter his cashflow card so she could pay his bills after his home was sold and he shifted into a leased retirement apartment with his aged cat.
There was now nothing left apart from his superannuation.
He is now living in a single room in another rest home and has so far been unable to sell the lease on the retirement apartment.
Defence lawyer Patrick Mooney said father and daughter embraced outside the courtroom before sentencing and the healing process had now begun.
He was hopeful the two could now attend a restorative justice process where they could each express their views.
In sentencing, Judge Courtney told Murphy her offending was particularly grave, given the breach of trust and effect on her father, who was very upset his daughter, in whom he had so much faith and trust, had behaved this way.
"You have completely and utterly abrogated any trust. It is a pity your father had to go through the process of giving evidence," Judge Courtney said.
Downstream effects would be quite significant for her father, the judge told Murphy.
Any penalty was required to hold her accountable, promote in her a sense of responsibility, denounce what she had done and deter others from doing the same.
The start point was one of prison. However she had few previous relevant convictions apart from shoplifting in 2009.
In sentencing her to 300 hours community work, the judge said he would make no order for reparation because Murphy, who was on a sickness benefit, had no ability to pay.
But he suggested she could in some way assist her father in future thereby repaying him in some way.
Outside court, Detective Brendan Ngata, of New Plymouth CIB, said such cases of elder abuse rarely came before the courts. Aged parents did not want to prosecute their children in whom they put their love and trust.
"But they are as vulnerable as children."
In Mr Warren's case, he had only discovered his daughter was stealing from him when his rest home fees were not being paid.
"By the time we spoke to him he was $8000 in arrears."
He had initially been supported by a Te Hauora Pou Heretaunga elder protection service advocate. They accompanied him to the bank where he discovered his account had been cleaned out.
Murphy had said she would pay the money back but she did not and as a last resort he had gone to police.
His second daughter had Downs syndrome and he was concerned there would now be nothing left for her support when he was gone.
- © Fairfax NZ News
SOURCE: The Stuff.co.nz
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A frail, elderly man spent two days in the witness box - a defibrillator sitting close by on a court bench - giving evidence against his trusted daughter who cleaned out his bank account.
His bills unpaid, 75-year-old Ron Warren was forced to leave his retirement apartment in New Plymouth where he thought he would spend his last days.
Elder abuse support groups and police said yesterday such prosecutions are rarely seen in the courts.
But they are believed to be just the tip of the iceberg of similar offending perpetrated by children taking advantage of their vulnerable elderly parents.
Aged parents are often reluctant to report their children to police.
After a day-and-a-half of evidence in a defended hearing in New Plymouth District Court, Mr Warren's daughter Michelle Tracey Murphy, 41, yesterday pleaded guilty to eight representative charges.
She admitted helping herself to $20,000 from her father's bank account over an eight-month period.
At the request of police prosecutor Sergeant Lewis Sutton, Judge Max Courtney withdrew another 120 charges - totalling $40,000.
The court was told Murphy's father had given his daughter his cashflow card so she could pay his bills after his home was sold and he shifted into a leased retirement apartment with his aged cat.
There was now nothing left apart from his superannuation.
He is now living in a single room in another rest home and has so far been unable to sell the lease on the retirement apartment.
Defence lawyer Patrick Mooney said father and daughter embraced outside the courtroom before sentencing and the healing process had now begun.
He was hopeful the two could now attend a restorative justice process where they could each express their views.
In sentencing, Judge Courtney told Murphy her offending was particularly grave, given the breach of trust and effect on her father, who was very upset his daughter, in whom he had so much faith and trust, had behaved this way.
"You have completely and utterly abrogated any trust. It is a pity your father had to go through the process of giving evidence," Judge Courtney said.
Downstream effects would be quite significant for her father, the judge told Murphy.
Any penalty was required to hold her accountable, promote in her a sense of responsibility, denounce what she had done and deter others from doing the same.
The start point was one of prison. However she had few previous relevant convictions apart from shoplifting in 2009.
In sentencing her to 300 hours community work, the judge said he would make no order for reparation because Murphy, who was on a sickness benefit, had no ability to pay.
But he suggested she could in some way assist her father in future thereby repaying him in some way.
Outside court, Detective Brendan Ngata, of New Plymouth CIB, said such cases of elder abuse rarely came before the courts. Aged parents did not want to prosecute their children in whom they put their love and trust.
"But they are as vulnerable as children."
In Mr Warren's case, he had only discovered his daughter was stealing from him when his rest home fees were not being paid.
"By the time we spoke to him he was $8000 in arrears."
He had initially been supported by a Te Hauora Pou Heretaunga elder protection service advocate. They accompanied him to the bank where he discovered his account had been cleaned out.
Murphy had said she would pay the money back but she did not and as a last resort he had gone to police.
His second daughter had Downs syndrome and he was concerned there would now be nothing left for her support when he was gone.
- © Fairfax NZ News
SOURCE: The Stuff.co.nz
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Nurse Pleads No Contest to Elder Abuse (CA. USA)
Nurse pleads no contest to elder abuse
The Associated Press
11/02/2012
PLACERVILLE, Calif
A California nurse has pleaded no contest to felony patient abuse and agreed to help in the prosecution of her nursing home supervisor.
Prosecutors say 39-year-old Rebecca LeAn Smith negotiated the plea on Thursday over her role leading up to the 2008 death of 77-year-old Johnnie Esco, who had been a patient at Placerville's El Dorado Care Center.
The Alzheimer's patient, who was supposed to be constantly monitored, died of fecal impaction in 2008 after 13 days at the nursing home.
The Sacramento Bee ( http://sacb.ee/TXA7u6) says Smith and 58-year-old Donna Darlene Palmer were charged with elder abuse. They also face a special allegation of inflicting great bodily injury, which adds five years to a prison sentence.
Palmer still faces trial. Her lawyer says there's no evidence of a crime.
SOURCE: The Mercury News
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The Associated Press
11/02/2012
PLACERVILLE, Calif
A California nurse has pleaded no contest to felony patient abuse and agreed to help in the prosecution of her nursing home supervisor.
Prosecutors say 39-year-old Rebecca LeAn Smith negotiated the plea on Thursday over her role leading up to the 2008 death of 77-year-old Johnnie Esco, who had been a patient at Placerville's El Dorado Care Center.
The Alzheimer's patient, who was supposed to be constantly monitored, died of fecal impaction in 2008 after 13 days at the nursing home.
The Sacramento Bee ( http://sacb.ee/TXA7u6) says Smith and 58-year-old Donna Darlene Palmer were charged with elder abuse. They also face a special allegation of inflicting great bodily injury, which adds five years to a prison sentence.
Palmer still faces trial. Her lawyer says there's no evidence of a crime.
SOURCE: The Mercury News
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Woman charged with elderly abuse of mother
October 30, 2012
A Southern California woman facing trial for animal cruelty is now charged with elder abuse for leaving her ailing 86-year-old mother outside on a chaise lounge for days.
Investigators say the elderly woman was soaked in urine, covered with feces and had bleeding bedsores when she was brought to an Orange County hospital last month.
The Riverside Press-Enterprise (http://bit.ly/QSiNs4 ) says the woman's daughter, 47-year-old Janice Susan Deutsch, will be arraigned on Nov. 29 for causing great bodily injury on an elderly person, a felony.
Jail records show the Riverside County rancher was released on $250,000 bond. There is no attorney of record.
Deutsch was charged with felony animal cruelty last year after skinny horses were seized from her 5-acre property near Murrieta. That charge was later reduced to a misdemeanor.
SOURCE: The SFGate
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October 30, 2012
A Southern California woman facing trial for animal cruelty is now charged with elder abuse for leaving her ailing 86-year-old mother outside on a chaise lounge for days.
Investigators say the elderly woman was soaked in urine, covered with feces and had bleeding bedsores when she was brought to an Orange County hospital last month.
The Riverside Press-Enterprise (http://bit.ly/QSiNs4 ) says the woman's daughter, 47-year-old Janice Susan Deutsch, will be arraigned on Nov. 29 for causing great bodily injury on an elderly person, a felony.
Jail records show the Riverside County rancher was released on $250,000 bond. There is no attorney of record.
Deutsch was charged with felony animal cruelty last year after skinny horses were seized from her 5-acre property near Murrieta. That charge was later reduced to a misdemeanor.
SOURCE: The SFGate
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