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

July 3, 2013

Scams Continued To Be Aimed At Senior Citizens


July 1, 2013

By Gabrielle Banks / Pittsburgh Post-Gazette

Door-to-door scam artists have probably preyed on the elderly for longer than there have been doors to knock on. But the digital age has compounded such abuse, with strangers defrauding their elders with a flurry of "amazing" investments via Internet sites, emails, direct mailers, telemarketing calls and all manner of ads.
And that's not counting con games perpetrated by caregivers, scheming relatives or a new "sweetheart."
Elderly victims reported $2.9 billion in loss to fraudulent investments in 2009. That may be a low-ball figure. The National Center on Elderly Abuse still cites a 2000 finding that only 1 in 25 cases of elder financial abuse is ever reported, which suggests as many as 5 million seniors may be the targets of financial scams.
On June 18, U.S. Sen. Bob Casey, D-Pa., introduced the Senior Investor Protections Enhancement Act of 2013, which would impose higher penalties for fraudulent investments involving people 62 and older. At present, fines range from $5,000 to $100,000 for individuals and $50,000 to $500,000 for businesses found guilty of civil penalties. Under Mr. Casey's proposal, fines in civil suits would top out at $150,000 for individuals and $550,000 for businesses if the fraud involved seniors.
In Pennsylvania, which is among the states with the greatest percentage of senior citizens, the attorney general and several agencies supporting the elderly have taken steps to prevent such fraud. This edition of "Know Your Rights" offers a glimpse at some of the scams most frequently aimed at seniors and provides tips on how to avoid -- or help loved ones avoid -- getting lured in.
More complete information can be found in the 44-page "Consumer Reference Guide for Seniors: How to Avoid Scams and Fraud."

The friendly handyman

An unscrupulous contractor knocks on the door and, using high-pressure tactics, offers speedy home repairs or renovations at what seems like a fair price. He may request full payment up front and then neglect to finish the work. Or the contractor neglects to complete the work in a timely fashion. Or his team neglects to show up at all.

Your rights: Get a written contract. Under the Home Improvement Consumer Protection Act, or HICPA, contractors must register with the office of the attorney general and provide a written contract for home improvements of $500 or more. The contract must state the exact work to be completed, including a start and end date and the cost. The customer must have signed it before work can begin.
For jobs of more than $1,000, HICPA permits contractors to accept a deposit for one-third of the cost plus the cost of "special order materials." Anything more than that exceeds maximum deposit rules.
Remedies: To check if a contractor is registered with the attorney general's office, call the Home Improvement Consumer Information help line at 1-888-520-6680. To file a complaint, call the Bureau of Consumer Protection help line at 1-800-441-2555 or visit www.attorneygeneral.gov.

The bank examiner
A con artist phones, explaining he is a manager or examiner at a local bank. He asks if, being a good citizen, the scam victim would be willing to help catch a dishonest teller in the act of thieving. He asks the senior to withdraw cash from his account so the bank can track any missing serial numbers. The victim meets the "examiner," hands him the cash and the senior never hears about it again.
Remedies: Stop. Think it through. Avoid spur-of-the moment agreements with strangers. Do not withdraw funds at the request of strangers or new friends. If someone claims to be an official, verify the person's identity. And if you're still unsure, call the bank or law enforcement and explain what you're being asked to do.

The relative in distress
The con man phones an elderly person, having chosen the victim from a phone book because she has an old-fashioned sounding name. In a frantic voice -- or sometimes from a place with plenty of background noise -- the caller informs "grandma" that he has had an accident or gotten into trouble abroad and needs her to wire money right away. The caller then thanks "grandma," explains he's embarrassed and begs her not to tell anyone.
Remedies: If you're unsure about a caller, stall. Contact family members to verify if the call is legitimate. Never wire money based on a phone or email request unless you are sure.

Abridged  (Excellent article. Please go to Source)

SOURCE:       The Post Gazette
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June 26, 2013

SURVEY: 35 Percent Elders In Tier I, 39 Per Cent In Tier II Cities Face Daily Abuse (INDIA)

By Harsha | ENS - BANGALORE / MANGALORE
24th June 2013

The case of the successful merchant Anantarama Setty (91) who was found chained to a water tank on the roof by his son and daughter-in-law is not an exception. A 2013 survey by non-governmental organisation Help Age India in 24 cities across India shows daily abuse of 35 per cent of elders in tier-I cities, which worsens to 39 per cent in smaller tier-II cities.
These, however, are just the cases that are reported. A shocking 16.19 per cent of those surveyed in Bikaner and 13.67 per cent in Hyderabad and Visakhapatnam said they had been slapped and beaten mercilessly, but almost all of them had not reported it to anyone.
Overall, 70 per cent of elders who have faced physical abuse don’t talk about it. Those in Srinagar and Bikaner register a 100 per cent silence. Help Age India’s state head Rekha Murthy told Express: “Among those who faced abuse, 37 per cent from tier-I cities made an attempt to report the matter, while 74 per cent from tier-II cities did not bother to report. Maintaining confidentiality of a family matter is the major reason behind not reporting abuse (31 per cent) followed by fear of retaliation (23 per cent). One fifth elderly (21 per cent) did not report as they did not know how to deal with the problem.”
In the tier-I cities of New Delhi, Chennai, Hyderabad, Mumbai and Kolkata, daughter-in-laws are the main perpetrators of abuse (39 per cent). In tier-II cities that include Mangalore and Madurai, sons (40 per cent) are the main culprit. However, Rekha Murthy pointed to a more disturbing trend: “In tier-II cities, 17 per cent of elders have been abused by their daughters.” Bangalore was not surveyed this year, though it stood at 7th on the list in 2012, with 37.14 per cent abuse of elders. Mangalore which was surveyed this time stands 13th on this list.
Madurai topped the list with 63 per cent abuse, closely followed by Kanpur (60 per cent). In the South, Hyderabad has the highest rate of elder abuse (37.50 per cent) while Chennai has the lowest (9.64 per cent).
Radha Murthy, managing trustee of Nightingales Medical Trust said that most cases of abuse are emotional in nature and mostly related to inter-familial maladjustment. “Senior citizens are unable to change their lifestyle to suit that of other family members. When sons, daughters, daughters-in-laws and grandchildren don’t respect the elders or exclude their opinions, it is still counted as abuse.”  She added that 57 per cent of complaints  are inter-familial issues on property and adjustment problems.
In the 2012 survey, Bangalore’s elderly helpline 1090 had received the maximum distress calls (162) after Hyderabad (231).  M J Surendrakumar, president, Federation of Senior Citizens Forums of Karnataka said that the survey is representative of the pathetic condition of senior citizens who are abused by their own families and are often deserted and forced to look for shelters and homes.
“Elders are being abused in all realms of society. Sons and their wives together treat the parent badly. The same treatment is meted out by grandchildren who tend to follow the parents’ behaviour,” he rued.

SOURCE:        The New Indian Express
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Silent Crime Wave Targets Older Australians

24 JUN 2013
SOURCE: KAREN ASHFORD, SBS

As Australia's aged population grows, so too does crime against them, elder abuse is estimated to affect as many as one in ten seniors.
(Transcript from World News Australia Radio)
It's an age-old problem - literally - and it's getting worse.
As Australia's aged population grows, so too does crime against them.
Elder abuse is estimated to affect as many as one in ten seniors.
A national conference in Adelaide is urging tougher policies and new laws to tackle what's often a silent crime wave.
"People can be abused regardless of their education, their financial stability, where they live, what culture they come from - it's something that affects potentially every older Australian."
Marilyn Crabtree heads the Aged Rights Advocacy Service in South Australia.
Since its establishment in 1990, the Service has seen a steady increase in abuse of older Australians.
"Well they talk about one in 20 over the age of 65, however if people are a bit older, the "old" old and they're more frail, then their likelihood would increase to one in ten or even more depending on the level of dependency and vulnerability and frailty of the older person."

Marilyn Crabtree says tracking the type and prevalence of abuse across the nation is difficult because each state and territory has different laws, different assessment procedures and different reporting standards.
"It's an exploitation of the older person's rights. And financial abuse would have to be one of the most commonly reported forms of abuse that we see, and usually psychological abuse would go along with that because people intimidate you, you know, they don't just ask nicely can you please give me a cheque for $10,000: they intimidate you into giving them the money."
Those abusers can be relatives, carers - or strangers.
Frequently, aged parents are stripped of their savings by children who have Power of Attorney over their affairs - some 44 per cent of elders suffer financial abuse.
Carers too might take financial advantage of their charges, sometimes intimidating or physically assaulting them to get what they want - about 33 per cent of elder abuse is psychological and about 10 per cent is estimated to be physical.

And the elderly are more vulnerable than most to predations by strangers, from scammers and thieves posing as door-to-door salespeople, by phone or online.

Megan Mitchell, from the Australian Human Rights Commission, told the conference that the very old, women and those in minority groups are at greatest risk.
"Two important minority groups that require more attention and support are culturally and linguistically diverse communities, and lesbian, gay, bisexual and transgender people and people with a disability. Older people from these groups may have additional vulnerabilities arising from continuing discrimination during their lives."

Abridged
SOURCE:       SBS NEWS AU.
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Financial Elder Abuse Offenders 'Not Just The Young'

24 June, 2013

Stealing money from mum or dad is not just limited to younger people with little or no money, according to Age Concern New Zealand.
This comes after 89-year-old Anthony Marshall, heir to one of America’s original dynasty fortunes, was sent to a New York prison in recent days for looting well over $12 million from his philanthropist mother, Brooke Astor, as her mind deteriorated with Alzheimer’s disease. Astor later died in 2007 at the age of 105.
Age Concern New Zealand chief executive Ann Martin said the case proved financial elder abuse could be caused by people who were already well off, as well as the fact they could be older people themselves.
"Creating awareness that this type of abuse is going on can help prevent it from happening or see it intervened."
Ms Martin said common examples of financial abuse included adult children deciding they were entitled to their inheritance early; or assuming their parents did not need their own house any longer; or taking their older parents money to start a business or for a deposit on a house.
"It often starts simply by having access to their older parent’s Eftpos or credit cards," she said.
"They start off by doing mum's or dad’s shopping and think, ‘well there’s money in the bank and I don’t have that much and they have lots, so I’ll buy something for myself - and it just escalates.
"The thing is for older people to know that abuse is not right and they can get help to stop it. They, or anyone else who suspects financial abuse may be happening, can contact their local Age Concern for information and assistance," Ms Martin said.

SOURCE:       The Voxy NZ
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June 21, 2013

Woman Tried Scamming At Least 4 Elderly Men (USA)

Woman tried scamming at least 4 elderly men
June 20, 2013

By RAMONA GIWARGIS
Merced Sun Star

A Merced woman was arrested for elder abuse and theft after she tried to scam at least four elderly people out of money, police reported Thursday.
Rosie Miller, 29, met one of her victims after claiming she worked at the doctor’s office where he receives treatment.
The suspect took the victim to a local credit union and asked him to withdraw $350 from his account, which he did not have. The staff at the credit union believed the transaction was suspicious, according to Lt. Tom Trindad.
Merced police detectives were able to identify Miller after obtaining photos of her. She made incriminating statements to detectives during her questioning and was arrested last week, Trindad said.
It appeared that Miller was targeting elderly men in an attempt to get money, according to police. Officers have identified at least four victims, but believe there could be more.
In another incident, Miller persuaded a victim to rent her a car, which she later totaled in a crash. The victim is now responsible for paying the damages, police said.
Trindad said residents should keep a close eye on those providing care for the elderly and to report any suspicious activity.
Miller is being held at the Merced County jail and will face charges of elder abuse and theft by false pretense.

Police are asking anyone with information to call Detective Alan Adrian at (209) 385-4731 or the department’s automated tip line at (209) 385-4725. Anonymous tips can be sent via text message to “TIP411” (847411). Tipsters should include the word “Comvip” as the message’s keyword.

SOURCE:       The Merced SunStar
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Prison Term in Elder Abuse Case (PA. USA)

By: Kevin Flanigan
June 20, 2013
HARRISBURG

An Altoona woman, who entered a guilty plea  in March to neglect of a care-dependent person, was sentenced on Thursday  to 30 days to 24 months, less one day, in the Blair County Prison.

The defendant,  Diana Frye, 63, 1104 14th Avenue, Altoona,  was originally charged with neglect of a care-dependent person in September, 2012. She was employed in 2011 as a caregiver at Warner's Home for the Aged, 1100 14th Avenue, Altoona.  Investigators say Frye and two co-defendants neglected an 80-year-old male resident of Warner's Home for the Aged, resulting in bodily injury to the man.

Frye let the man sit in his urine and feces during the night shift, according to investigators. The man developed wounds on his buttocks, hips, and lower legs due to the severe lack of care.  Frye was sentenced  by Blair County Court of Common Pleas President Judge Jolene Grubb Kopriva. In addition to her prison sentence, Frye was ordered to pay costs and a $500 fine.

Two co-defendants, Sherry Jo Warner, the former owner and operator of Warner's Home for the Aged, and Marjory Koch, a former aide at Warner's, have already pled guilty to charges pertaining to the neglect of this 80-year-old man.  Warner was sentenced to three months to two years, less one day, in the Blair County Prison. Koch is scheduled to be sentenced July 9, 2013.

SOURCE:    WeAreCentralPA

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Elder Abuse Awareness

Elder Abuse
 It happens more often than we'd like to believe
 The Times
June 20, 2013

One in five Canadians believes they know of a senior who might be experiencing some form of abuse. Seniors from all walks of life are vulnerable to elder abuse and it is happening in communities across Canada.
Outlined here is basic information on how seniors and Canadians can spot elder abuse as well as information on how to help stop it.
What is elder abuse?
Elder abuse is any action by someone in a relationship of trust that results in harm or distress to an older person. Neglect is a lack of action by that person in a relationship of trust with the same result.
Commonly recognized types of elder abuse include physical, psychological and financial. Often, more than one type of abuse occurs at the same time. Abuse can be a single incident or a repeated pattern of behaviour.
Financial abuse is the most commonly reported type of elder abuse.
Why does elder abuse happen?
Elder abuse often occurs because of the abuser's power and control over an older person. In some situations, the abuse may also result from addiction issues (drugs, alcohol or gambling), mental health problems, a cycle of family violence or agism. Abuse can happen when the aggressor wants to intimidate, isolate, dominate or control another person.

Who abuses seniors? Older adults affected by abuse often know and trust the person mistreating them. Elder abuse can be caused by a family member, a friend, someone who provides assistance with basic needs or services, or health care providers in institutional settings. In many situations of elder abuse, the abuser is dependent on the older adult for money, food or shelter.

Who is affected by elder abuse?
Most older people who experience abuse are able to make decisions for themselves.
Abuse can happen to anyone, in any family or relationship. It can happen to people of all backgrounds, ages, religions, races, cultures and ethnic origins.
Why are some older adults reluctant to talk about elder abuse?
Older adults may feel ashamed or embarrassed to tell anyone they are being abused by someone they trust. They may fear retaliation or punishment, or they may have concerns about having to move from their home or community. They may also feel a sense of family loyalty. Often, older adults may not be aware of people and resources that can help.
Who can help?
It is important that the older person have access to information to make informed decisions and be aware of available help. This may include support and assistance from family members or friends, health care providers, social services, police, legal professionals and/or members of faith communities. No one ever deserves to be abused or neglected.

What are indicators of elder abuse and neglect?
Elder abuse and neglect can be very difficult to detect. The following signs and symptoms may indicate that an older adult is being victimized or neglected: fear, anxiety, depression or passiveness in relation to a family member, friend or care provider; unexplained physical injuries; dehydration, poor nutrition or poor hygiene; improper use of medication; confusion about new legal documents, such as a new will or a new mortgage; sudden drop in cash flow or financial holdings; and reluctance to speak about the situation.
Physical abuse of seniors
Physical abuse of seniors includes actions that injure or risk injuring an older person or cause them physical pain and may include:
? striking;
? hitting;
? pushing;
? shaking;
? burning;
? shoving;
? inappropriate physical and
chemical restraints; or harm created by over or under medicating.

To find out more on what the Government of Canada is doing for seniors visit www.seniors.gc.ca or call: 1 800-O-Canada (1-800622-6232) TTY: 1-800-926-9105.

© Copyright (c) Chilliwack Times


SOURCE:        The Chillwack Times
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June 19, 2013

Elder Abuse: Look For Safe Facilities And Watch Out for Warning Signs

Elder abuse: Look for safe facilities and watch out for warning signs
Millions of older Americans are living in nursing homes or assisted living facilities and about 7 percent of complaints on long-term care residences involve abuse, neglect, or exploitation, according to the U.S. Department of Health and Human Services, Administration on Aging.
The Better Business Bureau serving Alaska, Oregon, and Western Washington urges consumers do research when selecting care facilities and to watch out for warning signs of elder abuse.
Indicators of exploitation can be financial, physical, or emotional and include: unusual cash withdrawals, investments or high-dollar purchases; adjusted wills, trusts, or powers of attorney; poor skin condition, rashes, lice, infections, dehydration, malnutrition, drastic weight loss, or unexplained injuries; or socially withdrawn or non-communicative behavior.

Care facilities
Have you visited several sites and filled out a checklist for each one? Do facilities appear safe, clean, and organized? Do residents seem well cared for and in good spirits? Is the food appetizing and adjustable to dietary restrictions? Is there a daily activity schedule or do occupants seem under-engaged?
Are visiting hours flexible? Can friends and families monitor care at any time?
What’s the ratio of aides to residents or patients? How quickly do caregivers respond to rings or calls for assistance? What’s the demeanor of the caregivers? How do nursing homes compare in terms of quality of care at medicare.gov/quality-care-finder?
Is the information available from the Washington State Department of Social and Health Services on complaints filed about the facility and inspection reports on it positive or negative?
What’s the protocol on medical decisions? Will the family be notified of all changes to doctors, medicines, or other treatments beforehand?
Do facilities offer verifiable references?
To report elder abuse in Washington state, call 866-EndHarm or 866-363-4276.
For more information, go to the DSHS’ Adult Abuse and Prevention and the U.S. Department of Health and Human Services’ National Center on Elder Abuse at ncea.aoa.gov.
For more information for boomer consumers, see my blog The Survive and Thrive Boomer Guide.

SOURCE:         The Seattle PI Blog
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June 13, 2013

Take A Stand in Mississippi: Stop Abuse and Neglect of Vulnerable Persons

 June 13, 2013
Jackson

Every year an estimated 2.1 million older Americans are victims of elder abuse, neglect or exploitation. And that's only part of the picture: Experts believe that for every case of elder abuse or neglect reported, as many as 14 cases go unreported. On June 15, Mississippi's Adult Protective Services (APS) program will join with national and international partners in celebration of World Elder Abuse Awareness Day.  Mississippi's statute is a ‘vulnerable persons' law, and does not include all elders, however,  the majority of cases involve the elderly.  Vulnerable persons are those who are impaired mentally or physically to care for or protect themselves from abuse, neglect and exploitation.
Although the frequency of abuse among vulnerable adult populations is unknown, it happens, and across the country, reported incidents are on the rise. During State Fiscal Year 2012, the Mississippi Department of Human Services, Division of Aging and Adult Services, Adult Protective Services (APS) received more than 4,000 calls of suspected abuse, neglect or exploitation of vulnerable adults.  Types of abuse include physical, mental, sexual, self-neglect, caregiver neglect and financial exploitation.
Specifically, Mississippi APS investigates reports of vulnerable persons 18 and older who reside in private home settings and who may be abused, neglected or exploited by family or caregivers or are victims of self-neglect. Other APS investigations include abuse in smaller unlicensed personal care homes where three or fewer persons reside; financial exploitation of care facility residents when perpetrated by a family member; or abuse by a caretaker or family member that occurred prior to a vulnerable person's admission to a care facility.
With the rise of aging baby boomers and longer life expectancies, maltreatment incidences toward elders and younger vulnerable adults will grow nationally and worldwide. The time is now to take a stand against abuse of vulnerable persons. How can you help take a stand in Mississippi?

8 Things You Can Do
1. Learn the signs of vulnerable persons abuse, neglect and exploitation.
2. Call or visit vulnerable relatives, friends and neighbors.
3. Offer assistance to a caregiver by filling in for a few hours or more.
4. Get involved by raising awareness.
5. Share information on vulnerable persons abuse with churches and community groups. 
6. Support strengthening laws and services for the protection of vulnerable persons against abuse. 
7. Speak up for vulnerable persons who may be unable to speak up for themselves.  
8. Volunteer with nursing homes, local agencies and long-term care facilities.

It's everyone's duty to report.

To make a report, call the MDHS Centralized Intake Abuse Hotline at 1-800-222-8000.  If an emergency exists, call 911 or local law enforcement.
To report abuse or neglect of residents in care facilities (i.e., nursing homes, personal care homes), call the Mississippi State Department of Health, Division of Health Facilities, Licensure and Certification at 1-800-227-7308 or 601-364-1110, or the Office of the Attorney General, Medicaid Fraud Control Unit at 1-800-852-8341 or 601-359-4220.
Take a stand against abuse of vulnerable persons.  

SOURCE:      WJTV
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Judeg Upholds $23 Million Emeritus Elder Abuse Verdict, Adds Millions More

Judge Upholds $23 Million Emeritus Elder Abuse Verdict, Adds Millions More
Written by Elizabeth Ecker
June 12, 2013

A Sacramento superior court judge has upheld a jury’s verdict finding Emeritus Senior Living (NYSE:ESC) responsible for the wrongful death of one of its California residents five years ago. In addition to upholding the jury’s verdict including a $23 million award in punitive damages to the late resident’s family, Judge Judy Holzer Hersher also awarded the plaintiffs’ lawyers with $4.3 million more in fees and costs, according to a Sacramento Bee report.

In the ruling, Judge Hersher noted a high degree of reprehensibility on the part of Emeritus for the 81-year-old under the company’s care, who passed away due to sustained bed sores, according to the report.
“Justice was served, and Judge Judy Holzer Hersher is holding Emeritus’ feet to the fire in not letting them overturn the jury’s hard work in examining the overwhelming evidence in this case that the only way out of an Emeritus facility is in a coffin,” plaintiffs’ attorney Lesley Ann Clement told the Sac Bee following the ruling.
After the initial March 8 verdict including a $23 million award to the family of the former resident in the wrongful death and elder abuse suit, Emeritus prepared to challenge the decision, engaging attorneys from top East Coast law firm Skadden, Arps, Slate, Meagher and Flom, reported the Seattle Times. Emeritus’ new legal team includes Clifford Sloan, a former law clerk for Supreme Court Justice John Paul Stevens with extensive appeals litigation experience.
“We believe that the verdict was tainted by the admission of improper testimony and evidence and does not reflect the care that we provided to Ms. Joan Boice,” Emeritus spokeswoman Karen Lucas said in a statement. “We are proud of the high quality of care that Emeritus employees passionately provide to our 41,000 residents nationwide.”

Emeritus said it will appeal the ruling including the “inflammatory” evidence the company says led to a unsupported verdict.

“In its post-trial motions and on appeal, Emeritus will challenge, among other important issues, the irrelevant and inflammatory evidence that led to an unconstitutional and unsupported punitive damages verdict,” the company stated. “We look forward to bringing this matter before the appellate courts in California to avoid similar outcomes in future cases where appropriate care was provided.”
Read the Sacramento Bee report.

SOURCE:       Senior Housing News

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DISCLAIMER

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

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