Elderly Crime Issue Raised by MP Campbell (UK)

Elderly crime issue raised by Campbell
23 November 2012

JUSTICE Minister David Ford has been challenged over what action he is taking about fear of crime amongst elderly people, by East Londonderry’s MP Gregory Campbell.
Back in August, the Sentinel ran news on its front page of the volume of crimes against people aged 65 or over in Limavady. In the most recent policing year, 2011/12, the figures showed there to be a crime against an older person at a rate of around once every four days.
Elderly charity Age Sector Platform revealed that its own research had found one in two elderly people in County Londonderry to be living in fear of crime.
Now, DUP MP Gregory Campbell has questioned the Justice Minister on whether he will undertake his own research into the fear of crime against the elderly and whether he will “offer assurance to elderly people regarding the penalties available to the courts for people found guilty of such criminal activity.”
Mr Ford replied: “Tackling crime against older and vulnerable people is a commitment for my Department within the Programme for Government and the Community Safety Strategy.
“The Community Safety Strategy includes a commitment to improve our understanding of the fear of crime. As part of this commitment, my Department is currently in discussions with partners to consider research on fear of crime and its impact on vulnerable people.
“As part of the Programme for Government commitment I intend to develop and build on work already underway to build community confidence in sentencing.
“Under the current legislative framework, custodial offences are available to the judiciary for those convicted of serious crime. Sentencing decisions within this legislative framework are a matter for the independent judiciary. In making these decisions, judges are guided by sentencing guidelines which already indicate that the courts should treat the age and vulnerability of the victim as aggravating factors.

Abridged
SOURCE:       The Londonderry Sentinel, UK
________________________________

Click for Updates, More Cases and Resources
Search LABELS for More Resources

Experts Take Aim at Elder Abuse (CANADA)

Experts take aim at elder abuse
November 24, 2012
BY MICHAEL LIGHTSTONE STAFF REPORTER

The federal government in 2010 estimated up to 10 per cent of seniors in Canada suffered some type of abuse or neglect, says the RCMP.
In Nova Scotia, the government has said elder abuse is expected to grow as the population ages. Nearly 700 people in the province turn 65 every month, said the government’s 2005 elder abuse strategy.
Abuse victims whose allegations are reported come in contact with police, social workers, health-care personnel, clergy or other professionals trained in geriatrics or used to helping seniors.
But at the grassroots level, professionals need not be the only people teaching seniors about abuse of older adults, a Halifax conference on aging heard Thursday.
Volunteer peer educators — seniors talking to seniors — can do the public awareness job well, delegates were told.
A workshop heard about a two-year, federally funded project run out of the University of Prince Edward Island that recruited Island retirees to give public presentations on elder abuse.
Local folks signed up to get trained for talks where they provided basic information on the mistreatment of seniors.
Volunteers committed to speaking at two sessions a year, usually in their communities on the island or nearby.
Project leaders Lori Weeks and Olive Bryanton told the Halifax conference the program helped open seniors’ eyes to the harm older people could be subjected to from relatives, friends or others.
There are various forms of abuse, including physical, emotional, sexual, financial and neglect, delegates heard.
Bryanton said abusers are rarely strangers.
“It’s usually someone you know, someone you trust and it could be your family member.”
According to the provincial government, 5,000 to 13,500 older people in Nova Scotia “experience harm and poor health or well-being because of abuse.” However, abuse is always underreported, so it is believed these figures are low, a government website said.
Weeks and Bryanton were addressing a conference at a local hotel organized by the Nova Scotia Centre on Aging, part of Mount Saint University in Halifax.

SOURCE:     The Chronicle Herald
___________________________________

Click for Updates, More Cases and Resources
Search LABELS for More Resources

Lawyer Urges Family and Friends to Watch for Signs of Nursing Home Neglect

Elder Abuse Lawyer Urges Family And Friends To Watch For Signs Of Nursing Home Neglect During Holiday Visits

Columbia, S.C. (PRWEB)
 November 23, 2012

With the holiday season underway, many people will visit family members in nursing homes in South Carolina, and Columbia nursing home abuse attorney Bert Louthian today called on those visitors to be on the lookout for any signs that their loved ones may be suffering abuse or neglect while residing in a long-term care facility.
“Visitors are the first and best line of defense that residents have against nursing home abuse,” Louthian said. “While you are on your holiday visit, it is a good idea to take a few moments to make sure that everything is going alright.”
Louthian is a partner in the Louthian Law Firm, a South Carolina firm that represents victims of nursing home abuse and neglect. He sometimes encounters situations where the abuse went undetected for extended periods of time.
“Unfortunately, abuse cases go unreported for a long time in some cases, especially when victims can’t speak out for themselves and don’t get a lot of visitors,” Louthian said.
To help fight abuse, Louthian urged family members and friends to be vigilant on every visit, including those that occur around the holidays. “We know people visit more at Thanksgiving and Christmas than any other time of year, and these visits are a good opportunity to look for signs of abuse or neglect,” he said.
Louthian stressed that visits are important not just around the holidays but also throughout the year.
The National Center on Elder Abuse estimates that between 1 and 2 million Americans aged 65 or older have been subjected to some type of abuse or mistreatment by caregivers. It lists a variety of abusive behaviors that nursing home residents sometimes experience.
 These include:
•    Physical abuse (improper use of force)
•    Neglect (failure to provide proper care)
•    Emotional or psychological abuse (rejection, belittling or isolation)
•    Verbal abuse (threats, yelling or verbal attacks)
•    Chemical restraint (unnecessary use of sedating drugs)
•    Financial exploitation (theft through coercion or force)
•    Sexual abuse (forced sexual behavior)
•    Abandonment.
Red flags that indicate potential signs of abuse include:
•    Bruising
•    Slap marks
•    Bedsores or pressure sores
•    Blisters
•    Cigarette burns
•    Poor hygiene
•    Filthy living environment
•    Dehydration or malnutrition
•    Depression, including withdrawal from normal activities or a lack of interest
•    Fearfulness
•    Unexpected changes in alertness or behavior
•    Bruising or redness in the genital area
•    Sexually transmitted diseases.

“If you see these signs of abuse, or if you have any reason to suspect that something is wrong, you should take action. It’s always better to be cautious and to ask questions if something seems amiss,” Louthian said.
Those who suspect elder abuse can report their concerns to Adult Protective Services, a division of the South Carolina Department of Social Services. Victims of elder abuse or their family members should also consider seeking assistance from a South Carolina nursing home abuse attorney, Louthian said

SOURCE:       PR WEB

____________________________________

Click for Updates, More Cases and Resources
Search LABELS for More Resources

West Seattle Brothers Accused of Leaving Father to Rot

Submitted by Rose Egge, KOMO Communities Reporter
November 16th, 2012

Two West Seattle men are facing felony elder abuse charges for allegedly allowing their father to waste away so that they wouldn’t have to spend their future inheritance.
According to charging documents, Kenneth and Keith Shaw, both in their 50s, lived rent-free in their parents’ Alki home for 2 years while neglecting their father of any basic care. The 86-year-old man lost 43 pounds during that time because he wasn’t given enough food, court documents report.
Paramedics were called to the Shaw’s Alki home on Nov. 12, 2010 because a relative claimed the father had not been eating or drinking for a week and was drifting in and out of consciousness. When an EMT arrived at the home, she told police she smelled urine and feces in the father’s bedroom and saw the man sitting on the toilet wearing only a t-shirt and socks.
The EMT reported that “the socks looked like they had grown into his feet,” according to charging documents. One of the sons stated that he’d been wearing the same socks for a year. Doctors later found his feet were rotting inside them and left a bloody trail when he walked.
As she moved the father out of the home, the EMT told police he was in extreme pain, screaming “get me out of here.”
Once at Swedish Hospital, doctors diagnosed the elderly man with dehydration, sepsis, acute renal failure, acute hyperglycemia and altered mental status. He was admitted to the ICU and doctors predicted he would have both feet amputated if he survived.
The man died two weeks later after being released to Life Care Center of West Seattle. After performing an autopsy on the man, the medical examiner’s office claimed the conditions leading to his death included muscle atrophy and weight loss, pneumonia and cardiovascular disease. The medical examiner could not say whether the man had died from natural causes or neglect and malnutrition.
According to charging documents, the brothers refused to put their father in a nursing home because they didn't want to clean out his savings and be left with nothing when he died.
Keith Shaw asked police “Why should we clean out the accounts….I don’t have any retirement and Ken’s never worked….If we spend all the money on nursing homes he’ll (Ken) end up homeless, living under the viaduct.”
When asked by a community nurse consultant why he did not respond to his father’s obvious pain, Ken said “Pain is the signal that the body is healing itself.”
Court documents report the brothers were also caring for their mother, who reportedly suffered from dementia, in the Alki home. The woman died from a heart attack in February 2011. Keith reportedly told a community nurse consultant that he only gave his mother a mug or two of fluids each day so that he would not have to change her incontinent garments more often, increasing her cost of care.
The brothers have both been charged with second-degree criminal mistreatment and have not been jailed.

SOURCE:     WestSeattleKomoNews
 ____________________________________
Click for Updates, More Cases and Resources
Search LABELS for More Resources

Elder Abuse Laws and Destroying the Presumption of Joint Tenancy

By Bruce A. Katzen

Recently, I handled a very interesting FINRA arbitration dealing with exploitation of the elderly by a joint tenant – in this case, her granddaughter.
What made this case so interesting is that we were able to use the elder abuse statute to support our claim.  Traditionally, joint tenants both have the authority to withdraw funds from the account.  Because the granddaughter was a joint tenant, we had to overcome the presumption that she was entitled to take money from the account at her discretion
.
However, the evidence clearly showed that the granddaughter was added to the account because she was a broker’s assistant at the company that managed her grandmother’s assets and the family believed she would keep tabs on the money.  In fact the granddaughter was added to the account to help her elderly 95-year-old grandmother, not to help herself to all of grandma’s money.   But instead of helping, the granddaughter withdrew over $250,000 for her own personal use, including gym memberships and a luxury car.
Florida’s elder abuse statute is comprised by Fla. Stat. §§ 825.103 and 772.11, which provide remedies for the exploitation of the elderly.  Section 772.11 provides civil remedies for those who are victims of criminal activities against the elderly that are set forth in Section 825.103.  In our case, because the granddaughter was a joint tenant on the account, it was critical to demonstrate that the purpose of the account was to care for the grandmother, and later the mother, and that the granddaughter, the broker and the investment firm all knew the purpose of the account.  This allowed us to rebut the presumption that the granddaughter was entitled to withdraw significant sums of money from the account without authorization from the other joint tenant.  Consequently, the granddaughter, the broker and the firm were all found to have violated Florida law and were liable for the losses incurred by the family.

 SOURCE:      KlugerKaplan
____________________________________

Click for Updates, More Cases and Resources
Search LABELS for More Resources

Three Rivers Care Taker Held on Suspicion of Abuse of 88-Year-Old Woman

Three Rivers care taker held on suspicion of abuse, assault charges
Nov 19, 2012
Written by Staff report

A Three Rivers woman police said was in charge of caring for an 88-year-old woman was taken into custody Sunday on suspicion of assaulting the elderly woman.
Judy Dovel, whose age wasn’t provided, arrested in suspicion of elder abuse, assault with a deadly weapon and causing great bodily injury. Her bail was set was $100,000.
According to the sheriff’s department, deputies responded to a home in the 42300 block of South Fork Drive for reports of elder abuse.

While investigating the report, deputies learned the woman was taken to a hospital, where she was treated for dislocated fingers and swelling to the brain.
Dovel was located, arrested and booked into the Bob Wiley Detention Facility.
The elderly woman’s name was withheld because she’s violent crime victim.
The incident was reported at 9:20 a.m. Sunday.

 SOURCE:    Visalia Times Delta
_____________________________________

Click for Updates, More Cases and Resources
Search LABELS for More Resources

Woman Surrenders in Elder Abuse Case

Erin Allday
November 20, 2012

The wife of a former Pinole police commander accused of defrauding an elderly Pleasanton woman has turned herself in to authorities, and as of Tuesday afternoon both husband and wife were free on bail.
Elizabeth Regalado, 30, was charged with conspiracy and posted a $20,000 bail on Friday. Her husband, Matthew Messier, 36, was arrested at the couple's home in Pleasanton last Thursday and charged with several crimes, including elder abuse and grand theft. He pleaded not guilty to the charges and posted a $322,500 bail.
Investigators say Messier used his position as a commander at the Pinole Police Department to gain control of the entire estate of his neighbor, Jean Phyllis Jones, who is 82 and has "diminished mental capacity," according to court records.
Messier resigned from the Pinole police force on Oct. 23.

SOURCE:      The SFGate
_____________________________________

Click for Updates, More Cases and Resources
Search LABELS for More Resources

Former Pinole Police Official Charged with Fraud

Former Pinole police official charged with fraud
The Associated Press
Nov. 17, 2012
PLEASANTON, Calif.

A former Pinole police official and his wife are facing grand theft and elder abuse charges after authorities say they defrauded an 82-year-old Pleasanton woman by taking control of her finances.
Pleasanton police say on Friday they arrested Matthew Messier on suspicion of grand theft, elder abuse and other charges.
In announcing the arrests, police say the 36-year-old Messier, who lives in Pleasanton, used his position as a Pinole police commander to gain the trust of the woman.
The woman, who lived three doors away from Messier, suffered from what court records describe as a "diminished mental capacity" and an inability to make financial decisions.
Messier had worked for the Pinole Police Department until he resigned on Oct. 23. He was being held on $322,500 bail after pleading not guilty Friday.
A warrant has also been issued for his wife, 30-year-old Elizabeth Regalado.

 SOURCE:         The SacBee
___________________________________

Click for Updates, More Cases and Resources
Search LABELS for More Resources

Time for Iowa to Pass Elder Abuse Law

Nov 18, 2012
Written by
Press-Citizen Editorial Board

Johnson County’s incoming and returning state lawmakers will be gathering at 2 p.m. today in the Coralville Public Library for a public forum sponsored by the Johnson County Task Force on Aging.
Sure to come up in the discussion are some of the priorities set by the nonprofit organization, Older Iowans Legislature, for the next legislative session. Those priorities include:
• Elder abuse law: It’s frustrating that, as a state with a rapidly growing senior and elderly population, Iowa doesn’t already have a law devoted to elder abuse. There is a more general dependent abuse law that deals with cases of physical or sexual abuse, financial exploitation and denial of care. But especially during tough economic times, it’s unfortunately not surprising to hear that financial exploitation of the elderly is a growing crime.
Elder abuse — often by family members themselves — continues to be a growing problem, with incidents more often than not going unreported.
It’s time for the Legislature to establish an Iowa Elder Abuse Law that, at a minimum, defines elders as protected class and provides protections against physical abuse, emotional or psychological abuse, sexual abuse, financial or material exploitation, abandonment, neglect and self neglect.
• Home and community-based services: Reimbursement rates for provides of services for medical assistance programs sometimes can lag behind inflation. It’s time for a bill to recalculate annually, at the start of each new fiscal year, the reimbursement for a provider of services under a medical assistance program home and community based services waiver for the elderly.
That will help keep provide a living and growing wage for the people helping to care for our aging population.
• Sex offenders and nursing homes: Last year, after a 95-year-old woman said she was assaulted by a fellow resident and convicted sex offender in a nursing home, Gov. Terry Branstad convened a task force that held closed-door meetings. A bill was proposed requiring notification when an offender moved into a facility. It didn’t pass.
This year the Legislature will have to discuss a bill that would require sex offenders and combative residents to be housed in appropriate settings capable of providing protective restraints, both chemical and physical, and provide the required supervision.
Other topics of discussion include:
• Requiring standardized benefits for long term care insurance policies.
• Ensuring that the state’s long-term care ombudsman has the independence necessary to serve as an effective watchdog of the long-term care industry.
• And discussing the consequences of last year’s redesign of the state’s mental health system from a county-based system to a region-based system.
All these issues, of course, are of particular importance in Iowa, which already ranks fifth in the nation in percentage of population age 65 and older and ranks second in percentage of population age 85 and older, and in Johnson County, which is seeing a steady increase in the number of recent retirees moving into the area.
And these issues are only going to grow more important as, over the next two decades, Iowa’s senior population is expected to make up close to one out of every four citizens. By 2030, one of out of every six Iowans will be older than 85. And by 2040, older Iowans could outnumber children and youth for the first time.

SOURCE:        The Press Citizen
___________________________________

Click for Updates, More Cases and Resources
Search LABELS for More Resources

Caretaker Arrested in Three Rivers Elder Abuse

 Caretaker arrested in Three Rivers elder abuse
By Jacob Rayburn - The Fresno Bee
Nov. 18, 2012

An 88-year-old woman from Three Rivers was taken to a local hospital Sunday with injuries from abuse, the Tulare County Sheriff's Department said.
Deputies were called to a residence at 9:20 a.m. in the 42300 block of South Fork Drive about possible elder abuse. It was later determined at the hospital that the woman had several dislocated fingers and swelling to the brain.
The sheriff's department said the caretaker, a 66-year-old woman, has been arrested and booked into the Tulare County Bob Wiley Detention Facility.
Anyone with information about this case can contact the Tulare County Detective Bureau at (559) 733-6218, e-mail TCSO@tipnow.com or text @ (559) 725-4194.

 SOURCE:        The FresnoBee
___________________________________

Click for Updates, More Cases and Resources
Search LABELS for More Resources