Reporting Elder Abuse: You Are Not Alone

Five million elders in the U.S. experience mistreatment and abuse each year. Here are the risk factors and how you can help.
BY SUSAN SCUTTI
MAY 31, 2013

Although estimates on the prevalence of elder abuse vary, it is thought to be at least as common as child abuse. Victims are typically older than 75 years and either physically or mentally disabled. The Senate Special Committee on Aging estimates that as many as five million older Americans may be victims of abuse, neglect, and/or exploitation every year.

Elder abuse in long-term care facilities has long been recognized, yet it continues to gain attention in all likelihood because one in every eight, or 13.3 percent, of the population is currently an older American.

What is Mistreatment?

The National Center on Elder Abuse, established in 1988, defines the major categories of elder mistreatment in these ways:
• Physical Abuse - Inflicting, or threatening to inflict, physical pain or injury on a vulnerable elder, or depriving them of a basic need.
• Emotional Abuse - Inflicting mental pain, anguish, or distress on an elder person through verbal or nonverbal acts.
• Sexual Abuse - Non-consensual sexual contact of any kind, coercing an elder to witness sexual behaviors.
• Exploitation - Illegal taking, misuse, or concealment of funds, property, or assets of a vulnerable elder.
• Neglect - Refusal or failure by those responsible to provide food, shelter, health care, or protection to a vulnerable elder.
• Abandonment - The desertion of a vulnerable elder by anyone who has assumed the responsibility for care or custody of that person.
If you report abuse, either as a witness or victim, you do not need to prove that abuse is occurring; it is up to the professionals to investigate the suspicions.

How to Report Mistreatment
If you or someone you know is in immediate, life-threatening danger, call the police or 9-1-1 immediately. If you have been a victim or a witness of abuse, you are not alone. Relay your concerns to the local Adult Protective Services, Long-term Care Ombudsman, or police. If you have been a past victim, please tell your doctor, a friend, or someone in your family you trust, or call the Adult Protective Services program in your area.
The Eldercare Locator, which is open Monday through Friday, 9 a.m. to 8 p.m. EST, can be reached at 1-800-677-1116. When making the call, be ready to give the name, address, and contact information of the person you suspect is abused or neglected, and details about why you are concerned. Operators will refer you to a local agency that can help.
You may be asked a series of questions to help the agency gain more insight into the nature of the situation. You will be asked for your own name, address, and telephone number, but most states will take the report even if you do not identify yourself. The professionals receiving your report are prohibited from releasing your information; they may not disclose your identity to the alleged abuser or victim.

History
Congress passed the Older Americans Act (OAA) in 1965 in response to concerns about a lack of community social services for older persons. Today, the OAA is the major vehicle for organization and delivery of social and nutrition services for older Americans and their caregivers. It authorizes an array of service programs through a national network of 56 state agencies on aging, 629 area agencies on aging, nearly 20,000 service providers, 244 tribal organizations, and two Native Hawaiian organizations representing 400 tribes. The National Center on Elder Abuse is under the auspices of OAA and AoA, which is overseen by the U.S. Department of Health and Human Services. The OAA also includes community service employment for low-income older Americans, vulnerable elder rights protection activities, and training, research, and demonstration activities in the field of aging.
Ongoing research on issues of aging is necessary in order to mold policy and laws that protect the elderly.

Studies
Using data from the federal On-Line Survey and Certification System (OSCAR) from 2004 to 2009, a 2010 study from the University of California, San Francisco noted that state agencies reviewed 15,658 nursing homes with 1.66 million beds. The study finds that in 2009, 24.7 percent of the nation's nursing facilities received deficiencies for poor quality of care, causing direct harm or injury to residents, and nearly half (45 percent) of nursing homes failed to ensure a safe environment for their residents, representing a three percent increase since 2004. Another study surveyed 577 nurses and aides from 32 nursing homes and revealed that 70 percent had witnessed a fellow nurse or aide yelling at a patient in anger and 33 percent had done this themselves. A survey of 80 non-demented nursing home residents revealed that 44 percent felt they had been physically abused and nearly half (48 percent) felt they had been handled roughly by nursing home staff.

Where Are You?
In 2011, the population of Americans 65 or older numbered 41.4 million out of a total population of 312.8 million. Yet, the 65 and over population is projected to increase to 79.7 million in 2040 (27 years from now). It is important to remember that individuals who reach age 65 have an average life expectancy of an additional 19.2 years (20.4 years for females and 17. 8 years for males).
Currently, older women outnumber older men at 23.4 million older women to 17.9 million older men. Older men are much more likely to be married than older women - 72 percent of men versus 45 percent of women. In 2011, almost 3.6 million elderly persons (8.7 percent) were living below the poverty level. The 85 and over population, those most likely to experience abuse, is estimated to increase from the 5.7 million counted in 2011 to 14.1 million in 2040.
Clearly, it is essential that elders, along with their families, friends, caregivers, and compassionate health care workers, are able to recognize risk factors, and understand the definition of and know how to report elder abuse.

(Source: Vognar, L, Buhr, G. Elder Abuse in Long Term Care: A Growing Problem. Journal of the American Medical Directors Association. 2011)

SOURCE:        The Medical Daily
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Elder Abuse Awareness Day

Elder abuse awareness day
June 01, 2013
Scott Bond

Each year we recognize World Elder Abuse Awareness Day, which falls on June 15 this year. The chance to provide international focus on an issue that continues to grow is an important educational opportunity, and here in our region the need for community education is often apparent.

In our region, our agency is responsible to investigate abuse, neglect and exploitation of older adults as well as younger people with physical disabilities. Our Adult Protective Services Team responds to calls from the community as well as calls related to facility-based care. Our job is to investigate the situation, interview the relevant parties, including the potential victim, and determine if there has indeed been abuse, exploitation or neglect.

Our staff works in collaboration with the state Long Term Care Ombudsman Program, the county mental health programs, local law enforcement agencies and the district attorney’s office, among other community agencies. Our assessments include a determination of risk as well as attempting to resolve the complaint, which may include moving the victim to another living situation.

In the last year, our staff has conducted over 850 community and facility investigations as well as consultations for potential abuse or neglect situations in the region.

Across the United States hundreds of thousands of older adults are victims of abuse, neglect or exploitation. The issues are not just physical or verbal abuse and neglect. In the United States, older adults lose an estimated $2.6 million each year through financial exploitation and abuse. Those funds could have been used to pay for housing, prescription drugs or food — in other words necessities.

These issues are not correlated to demographics; this can happen to any one of us. It can occur from a trusted neighbor, a family member or organized scams that prey on trusting older adults to sell them worthless merchandise or try to gain access to credit card numbers.
As a global issue, we will see the adult population 60 and older grow from 542 million in 1995 to about 1.2 billion in 2025. Experts estimate that between 4 percent and 6 percent of the elders across the world will experience some form of mistreatment. This rate of mistreatment may increase as many nations, including the United States, experience a rapid aging of the population in the next 10 years.

The increased use of safety net programs — Medicare, Medicaid and Social Security — may also contribute to the pressures and insecurities of families who are trying to support an older parent. Care giving pressures are a factor on the incidence of abuse as care givers reach physical and psychological limits and burn out in their care giving role. This is when risk grows for abuse or neglect.

As you think about what you can do about elder abuse, there a few things to remember. The first thing is to be informed about what abuse or neglect is and understand what it looks like. The second is to stay in contact with older and/or disabled relatives, friends, neighbors and acquaintances. By staying in contact you can watch or listen for warning signs that something is wrong. Third, if you believe, or even suspect, that there is potential abuse, neglect or exploitation going on, please report the information to our agency, county human services programs or law enforcement. Keeping quiet is not a good option.
Scott Bond is the Director of Senior and Disability Services for Oregon Cascades West Council of Governments, the Area Agency on Aging for Benton, Linn, and Lincoln counties. He can be reached at 541-812-6008 or sbond@ocwcog.org

SOURCE:        The Democrat Herald
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Taking Precautions To Protect The Elderly

BY CHRISTOPHER J. AVENTURO

Litigation often reveals the steps that might have averted problems, however. Some proven, practical and preventative measures for empowering and protecting our seniors against many forms of elder abuse follow.

Guarding Against Fraud: Planning and Precautions in Three Areas

1. Monitoring

Family and loved ones can be proactive and helpful through:

• Regular and consistent monitoring of assets, account statements, and important documents. This process is essential to preventing the exercise of fraud and undue influence upon an elderly or infirm relative;

• First-hand review of mail, recent correspondence and recently updated documents, when undertaken with the loved one’s approval;

• Enlisting the assistance of a trusted local friend or neighbor to help monitor the above information, when family members do not live close to one another; and

• Monitoring asset and account activity by computer (a good idea for those living in different states).

To put these safeguards into effect, family members and friends may need to have frank conversations with the elderly. Besides your attorney, social service agencies and resources can step in and help facilitate these arrangements if needed. Many free resources are available to Westchester residents.

2. Updating Powers of Attorney

Often in cases of financial abuse, the perpetrator procures the elderly person’s signature of a financial power of attorney, giving the agent apparent authority to withdraw funds from bank accounts and perform related financial transactions. Nevertheless, safeguards are available.

• Under a financial power of attorney there remains a legal duty to keep accurate financial records and the document can be tailored to limit the agent’s authority.

• One may designate two or more persons to act as co-agents.

Health care powers of attorney also represent a potential source of abuse. These are designed to ensure that one’s health care wishes are respected when one cannot make or communicate those decisions. Over time, multiple health care directives may be prepared, creating a situation where several different persons may be convinced that each has sole authority to make decisions, even though only one health care agent can act at one time in New York state. These documents should be organized and in some cases earlier directives revoked, in order to prevent future conflicts.

3. Protecting the Integrity of Will or Trust Documents

The will crafted at age 65 may not be appropriate to someone 20 years later. Named beneficiaries may have died; charitable interests may have changed. Valued relationships may have waned; new ones may have formed. Preparing a new will also affords an excellent opportunity to take a comprehensive inventory of one’s assets well in advance of any crisis or harm and to account for the changes. The process may motivate potential heirs to take responsible steps cooperatively towards asset preservation and protection.

Believe it or not, some elderly persons with significant financial assets have not prepared a will at all. This can result in unfortunate conflicts following death. Even worse is the execution of a will when the elderly person is of questionable mental capacity. Instead, it is best to update these documents every few years to reflect changing needs and circumstances.

The adage that “an ounce of prevention is worth a pound of cure” is never truer than in the field of elder law because in most cases, elder financial abuse is preventable.

 Abridged
SOURCE:          WestFairOnline
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Elderly Napier Woman Fused to Couch (NEW ZEALAND)

By: Laura Heathcote
New Zealand News 
 May 24 2013

There is horror at the case of an elderly Napier woman found fused to furniture after apparently having been confined to a couch for at least three years.
The woman's daughter, who is aged in her fifties, is facing a charge of failing to provide the necessaries of life.
Age Concern's National Advisor on Elder Abuse, Louise Collins, says while there is no data to suggest how widespread elder abuse is in New Zealand, there is international research to draw on.
"If we use the statistics that have been found in the UK, that works out at two people very hour in New Zealand."
Louise Collins says elder abuse encompasses emotional, financial and physical abuse - with a family member usually the perpetrator.

SOURCE:      NewsTalkZB
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Northwest Side Man Charged With Elder Abuse in Wisconsin

May 24, 2013

A Northwest Side man hired as a caregiver for an elderly, disabled man faces a felony abuse charge after police in Milton, Wis., found the disabled man in unclean conditions and suffering from suspicious injuries, police said.

Syren Bolderdene, 35, of the 4000 block of North St. Louis Avenue, was charged Thursday with felony abuse of an at-risk person in the village of about 5,000 people less than 10 miles northeast of Janesville, according to police and court records.

Bolderdene was held overnight in the Rock County Jail, but in a hearing this afternoon, Rock County Judge James P. Daley ordered he be allowed to sign a $5,000 personal recognizance bond, according to the the county court clerk’s office.

The victim, a 76-year-old Milton man, was being treated at Mercy Milton Medical Center in Milton, police said in a news release.

Bolderdene had called 911 about 11 a.m. Thursday to request help after the victim, a 76-year-old man, fell out of bed, and Bolderdene could not get him back up, according to a news release from Milton police. Police did not disclose the victim’s address.

Police found the victim had been left in a soiled diaper and bedclothes saturated with his own urine and feces. Investigators believe he had been left that way for at least 24 hours.

The victim had what police said were suspicious fractures, bruising and scratches.

Bolderdene’s next court date is June 18, according to the clerk’s office.

SOURCE:       The ChicagoTribune

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New Laws Clamp Down on Elder Abuse

May 24, 2013

A new legislative act will help protect senior citizens from abuse, neglect and exploitation.
The Protecting Alabama’s Elders Act, passed this week by the Alabama House and Senate, better defines abuse of the elderly and strengthens financial protection for individuals 60 and older.
Among the changes, the law defines three degrees of elder abuse and neglect, ranging from a Class A felony for intentional abuse and neglect that leads to serious physical injury to a Class A misdemeanor for reckless emotional abuse.
Among the biggest changes, however, is the financial exploitation rule, which now gives law enforcement the ability to arrest individuals with power of attorney if they are exploiting a senior citizen.
“One of the things that we’ve noticed a great deal of lately, we see a lot of financial exploitation going on, both in terms of the classic con artists who talk them out of their money, but also increasingly a number of family members who exploit their elders,” said Clayton Davis, a local attorney. “For example, an individual may have power of attorney and begin to misuse that power, and the individual with power of attorney begins paying his or her own bills out of the elder’s account or even simply taking the money, taking control of it and at some point abandoning the senior.”
Prior to passage of the new act, reclaiming a senior citizen’s money from a family member was an uphill battle.
“The problem prior to the act passing was that law enforcement and prosecution could not get involved and do anything about power of attorney abuse cases because there were no criminal sanctions for that,” Davis said. “That meant the elder would have to file a civil lawsuit against the relative or con artist, otherwise Medicaid would not cover them if they needed nursing home care.”
Further complicating matters, if the court ruled in favor of the senior citizen, the defendant could file for bankruptcy and wipe out the payments owed, Davis said.
“The big thing about the new act is stiffer penalties for things that already were illegal and some completely new things, like abusing power of attorney, can result in criminal penalties now,” Davis said. “We’re very excited about the new law, as it gives us some new tools to pursue people doing this and may also deter some people who would otherwise not have been deterred.”
Debbie Reed, manager of Rose Hill Senior Center, also hopes the act works as a deterrent.
“People basically are good people, but sometimes they might make decisions that aren’t the best for seniors,” Reed said. “This law might encourage them to ask questions before they do things off the cuff without consideration of the repercussions. You really need to become educated about what you’re doing when your dealing with a senior.”
Davis said most elder abuse cases involve more than $2,500 and will now result in felony charges.
The new law classifies first-degree financial exploitation of an elderly person as any financial exploitation of a person 60 or older as a Class B felony if the value of the property taken exceeds $2,500.
A value between $500 and $2,500 warrants a Class C felony, while anything less than $500 is a Class A misdemeanor.

SOURCE:       The DothanEagle
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Millbrae Caretaker to Stand Trial on Assault, Elder Abuse Charges

KTVU.com and wires
REDWOOD CITY, Calif.
May 24, 2013

A caretaker accused of hitting an elderly Millbrae man on the head with his own walker, causing serious injuries, will stand trial on assault and elder abuse charges, according to San Mateo County prosecutors.
Jalome Sukulu Balekaba, 50, was ordered to stand trial Thursday after a preliminary hearing and will return to court on June 7 to set a trial date.
Balekaba was arrested on Dec. 19, 2011, after the 88-year-old man he was looking after was found bleeding heavily from a head wound while Balekaba slept in the next room, according to prosecutors.
Police had responded to the residence for a welfare check after the victim's nephew called to report that Balekaba sounded drunk over the phone.
The victim was taken to the hospital, where he became comatose and was treated for a stroke. He died about 10 weeks later.
Investigators determined that the victim was struck by his own walker, according to prosecutors.
Balekaba remains in custody in lieu of $200,000 bail.

SOURCE:        KTVU
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Help Elderly Loved Ones Avoid Financial Abuse

By FINANCIAL FOCUS
May 26, 2013

It's unfortunate, but true: The elderly population may be the most vulnerable group in our society. In fact, in an effort to call attention to the problems of physical, emotional and financial abuse of the elderly, the United Nations has designated June 15 as World Elder Abuse Awareness Day. If you have older parents, or even grandparents, can you do to anything to help prevent them from being victimized, especially with regard to their finances?
Actually, there's a lot you can do. First and foremost, you need to maintain good communications and a trusting relationship with your older family members. As long as these elements are present, you should feel free to make the following suggestions:
Increase awareness -- When it comes to financial fraud and scams, many seniors think: "It can't happen to me." But the facts suggest otherwise: Some 20 percent of Americans over the age of 65 admit to having been victimized by financial swindles, according to a survey by the non-profit Investor Protection Trust. Let your loved ones know that no one in their age group is immune to financial predators.
Guard private information -- Ask your parents or grandparents to not divulge personal information over the phone. In fact, urge them to get caller ID, if they don't have it already, and tell them that if they don't recognize the number, don't answer. Legitimate callers are more likely to leave messages than scammers.
Don't send money. Exhort your parents or grandparents to never wire money to a random account -- no exceptions.
Ignore "limited-time offers" -- Your loved ones should ignore callers, mailers or emails that demand they act immediately. These offers are often overblown at best and may be fraudulent at worst.
Don't trust "no risk" offers -- Financial offers that sound too good to be true are likely just that -- untrue. Legitimate investments carry both potential risks and rewards.
Avoid "debt-settlement" claims -- If your older loved ones have debt problems, they may be especially susceptible to offers that claim to "clear up" all their debts. But there's no quick fix to this problem and any caller who claims otherwise is likely being deceitful. Encourage your parents or grandparents to discuss their debt situation with an honest, professional debt counselor or a financial advisor.
Here's one more thing you can do to help your parents or grandparents avoid financial fraud: If they don't already work with a trusted, qualified financial professional, introduce them to one. If your parents have a relationship with such a professional, they will be less likely to listen to any questionable, unsolicited offers than if they were trying to manage their finances on their own.
You're in a good position to know how much, or how little, help your elderly loved ones may need in terms of avoiding financial abuse. So be willing to do whatever it takes to help them enjoy their retirement years comfortably.
This article was written by Edward Jones and submitted by Wil Pena, an Edward Jones adviser in Islamorada.

SOURCE:        KeyNews
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Relatives Turned Away From Aged Care Homes After Complaining About Standards (AUSTRALIA)

LATELINE
May 22, 2013

Australia's peak aged care body says the sector is grossly underfunded, as concerns are raised over the handling of complaints at nursing homes.
Family and friends say they are being turned away from some facilities after complaining about the level of care.
Sydney woman Eileen Pearce was accused of interfering when she asked that her 98-year-old mother's food be cut up.
"I'd say 'it's only a concern, I'm not complaining'," Ms Pearce told Lateline.
"She said 'well I take it personally and if you don't like the way we treat your mother, you can take her somewhere else'."
The nursing home later moved Ms Pearce's mother to a new facility.
Another Sydney woman, Elaine Todd, was banned from visiting her elderly mother when she consulted an outside doctor.
"I was absolutely gutted," she said. "I'd been looking after my mum since 1996.
"Until she went into that facility, we were extremely close."
Aged and Community Services Australia spokesman John Kelly says banned visits are relatively rare but are a sign the industry needs help.
"This is a stressed system, and without an injection of new dollars into this system we will continue to have these sorts of stories," he said.
Aged care advocates are also lobbying the Federal Government for a more robust and independent complaints system.
"They're not looking for a fight, they're not looking for conflict, they're looking for good care," law expert Rodney Lewis said.
It comes as Leading Aged Services Australia (LASA), the industry's peak body, launches a major public awareness campaign for increased funding.
It says the Government provides less money housing older Australians than it does housing prisoners.
LASA chairman Peter Cosgrove says the new campaign, 3 Million Reasons, highlights the magnitude of the problem.
"The amount of funding that is presently in the program is inadequate.
"We basically need both sides of politics to dedicate themselves to increasing the level of attention and funding to the provision of aged care.
"People in Australia grow old silently, and we're all going to end up there with a life expectancy that's increasing.
"Every 71 minutes an aged person is in need of services which they can't access because there's no capacity.
"We need 83,000 beds urgently."
LASA says the aged care workforce will need to triple by 2050 to look after six million elderly Australians.

SOURCE:         ABC.net.au
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Nursing Home Abuse Incident Not Isolated, Say Experts

Angela Mulholland, CTVNews.ca
May 21, 2013

After the release of shocking video of an elderly woman with dementia being subjected to abuse and humiliation at a southern Ontario long-term care facility, many are saying the incident is far from isolated.
Four employees at St. Joseph’s at Fleming long-term care home in Peterborough, Ont. have been suspended after Camille Parent, the son of a resident there, brought hidden camera footage to media outlets Thursday showing his 85-year-old mother Hellen being repeatedly mistreated.
The footage showed a worker taunting Hellen with rags smeared with her feces; another worker repeatedly wrestling and hitting her; and another wiping his nose on her clean sheets.

The nursing home is now conducting an investigation into the incidents, while the provincial government has launched a probe of its own. Peterborough community police are also looking into whether criminal charges might need to be laid.
Montreal-based lawyer Jean-Pierre Menard has handled countless cases of abuse at nursing homes and long-term care facilities including a horrific case against the St-Charles Borromée hospital in Montreal.
A class action lawsuit detailing hundreds of cases of abuse at the facility was launched in 1999. But it wasn’t until 2003, when family members secretly set up tape recorders to capture staff verbally and psychologically abusing residents, that action was finally taken.
That scandal made national headlines and public discussions about the conditions in Quebec nursing homes and may have contributed to the suicide death of the hospital’s director.
Last month, the class action suit was finally settled, leading to the largest settlement of its kind in Canadian history. More than $7 million will be shared by hundreds of residents and the families of residents who have since died during the 13-year investigation.
The settlement is also unique in that it sets aside funds for foundations that are dedicated to educating seniors and patients about their rights.
Menard says he learned during his investigation that a single abusive act at one of these facilities is rarely an isolated incident, and that abuse often starts with small infringements of patients’ rights and then escalates.
He advises patients and their families to denounce the early signs of improper behaviour.
“The zero tolerance policy means all management and employees have to take the side of the patient,” he explains.
Adina Lebo, the chair of the Toronto chapter of the seniors’ advocacy group CARP, says there are currently tens of thousands of Canadians living in nursing homes, and those numbers are only going to rise as baby boomers enter their old age.
She says if family members suspect abuse at their loved ones’ care facilities, they need to report it to the home’s administrator. But she concedes the process of investigation can be long.
“There’s a question about red tape and how long would it have taken if this son had not gone to the media first to expose this,” Lebo told CTV News Channel Monday.
Camille Parent has said he filed several complaints with the home and even went directly to officials at Ontario’s Ministry of Health and Long-Term Care before he took the footage he recorded to a local TV news station.
Ontario's ombudsman André Marin weighed in on the story on Monday as well.
In a statement to CTV News, Marin said: "I encourage everyone to watch Camille parent's hidden camera video. His mother Hellen is depicted in what appears to be a long-term house of horror,” he said.
He added: “What is shown in this video is so egregious, it falls into the criminal domain."
Marin also pointed out that he does not have the authority to monitor and investigate Ontario long-term care homes.
“Unfortunately, Ontario is the only province where the ombudsman is powerless to intervene."
CUPE Ontario (Canadian Union of Public Employees), the union that represents many workers at nursing homes, says many of the problems of abuse at long-term care facilities stem from underfunding and low staffing.
"Imagine how much better care would be and how much safer residents and staff would be if staffing levels were higher, and homes had enough funding so two staff work together during shifts,” CUPE Ontario Secretary-Treasurer Candace Rennick said in a statement late last week.
There have been task forces and training in several provinces to try to prevent abuse at nursing homes, but Lebo says CARP believes the problem is that most provinces do not have watchdogs in place.
“The broader principle is simply that we do not have an independent oversight body -- not the homes investigating themselves but an independent body,” she said.

SOURCE:        CTV NEWS
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