Disclaimer

**** DISCLAIMER

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

December 9, 2007

New Bill to Protect Elderly - Philippines

Philippine Briefs
By Nelson S. Badilla For Variety

MANILA — Rep. Narciso D. Santiago III has introduced a bill that aims to protect old women from institutional, community and domestic and sexual assault.

The measure, or the Older Filipinos Protection from Violence Act, seeks to address cases of elderly abuse, neglect and exploitation, including domestic violence and sexual assault against older or disabled individuals.

Santiago said recent studies show that elderly abuse is severely underreported.
Elderly abuse, he added, takes on many forms, varying from physical abuse to sexual abuse and psychological abuse to financial exploitation.

“Some of the abused parties fail to report abuse because of shame, privacy concerns or as a result of prior unsatisfactory experiences with individuals, agencies or others who lacked sensitivity to the concerns or needs of elder or disabled persons,” Santiago said.

Full Text

December 8, 2007

Jail for Children Who Abandon Parents

Special Correspondent

NEW DELHI: Parliament on Thursday gave approved the Maintenance and Welfare of Parents and Senior Citizens Bill, 2007, providing for three months’ imprisonment for those who abandon their parents. It gives no scope for appeal against the punishment.

“The Bill provides for three months jail term if children do not look after their old parents. The penal provision is meant to act as a deterrent,” Social Justice and Empowerment Minister Meira Kumar told the Rajya Sabha that passed the Bill by voice vote. The Lok Sabha has already passed the Bill.

Replying to the debate, Ms. Kumar said children cannot go in for appeal. This was done deliberately as they had a lot of resources which the old people did not have.

The statement of objects of the Bill states that though parents could claim maintenance under the Cr.PC, the procedure is both time-consuming and expensive, and there was need to have simple, inexpensive and speedy provisions for care of parents. The Bill has a clause for punishing those who abandon their parents or relatives whose property they had inherited or would get as their legal heirs.

Old age homes

The Bill provides for setting up a tribunal in each district for helping the old in distress. It has a provision for establishment of old age homes which, Ms. Kumar said, should be the last resort for the poor and childless.

“Social challenge”

The Bill states that due to withering of the joint family system, a large number of elderly were not being looked after by their families.

Consequently, many older persons, particularly widows, were forced to spend their twilight years all alone and exposed to emotional neglect and lack of physical and financial support.

“This clearly reveals that old age has become a major social challenge and there is need to give more attention to the care and protection of older persons,” she said.

Source: The Hindu



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"......due to withering of the joint family system, a large number of elder were not being looked after by their families". Unfortunately, I suspect this quote will be repeated many more times as modern society affect the old cultural ethos of "close knit family". As such, civic leaders, politicians should start preparing as the wave of baby boomers continue to join the rank of seniors requiring assistance and specialized services.

Jail terms for children who abandoned their parents, may seem harsh in some countries. Some may even see it as a "band-aid" approach, but it is at least a start to stopping the increasing elderly been virtually 'thrown-out" by their children. Those same children who often stand to inherit assets from their parents.

Powerful Drugs Used to Subdue Elderly - USA

Prescription Abuse Seen In U.S. Nursing Homes
Powerful Antipsychotics Used to Subdue Elderly;

By LUCETTE LAGNADO

In recent years, Medicaid has spent more money on antipsychotic drugs for Americans than on any other class of pharmaceuticals -- including antibiotics, AIDS drugs or medicine to treat high-blood pressure.

One reason: Nursing homes across the U.S. are giving these drugs to elderly patients to quiet symptoms of Alzheimer's disease and other forms of dementia.

Nearly 30% of the total nursing-home population is receiving antipsychotic drugs, according to the Centers for Medicare & Medicaid Services, known as CMS. In a practice known as "off label" use of prescription drugs, patients can get these powerful medicines whether they are psychotic or not. CMS says nearly 21% of nursing-home patients who don't have a psychosis diagnosis are on antipsychotic drugs.

That is what happened to a woman listed in New York state health department inspection records as Resident #18. The 84-year-old Alzheimer's patient, who lives at the Orchard Manor nursing home in Medina, N.Y., likes to wander and roll her wheelchair around her unit, according to a report filed earlier this year, and sometimes she nervously taps her foot.
To address her behavior, which was considered disruptive, Resident #18 was given a powerful antipsychotic drug called Seroquel, a drug approved for schizophrenia and bipolar disorder. Resident #18 is not psychotic and Seroquel -- like other atypical antipsychotics -- carries a "black box" warning that elderly dementia patients using it face a higher risk of death.
"She is a handful," says Thomas Morien, administrator of Orchard Manor. "Other residents complain about her because often at night, she will get up and go to their rooms." The patient has since been taken off the drugs.

The growing off-label use of antipsychotic medicines in the elderly is coming under fire from regulators, academics, patient advocates and even some in the nursing-home industry.

"You walk into facilities where you see residents slumped over in their wheelchairs, their heads are hanging, and they're out of it, and that is unacceptable," says Christie Teigland, director of informatics research for the New York Association of Homes and Services for the Aging, a not-for-profit industry group. Her research, which she believes reflects national trends, shows that about one-third of dementia patients in New York's nursing homes are on antipsychotics; some facilities have rates as high as 60% to 70%. "These drugs are being given way too much to this frail elderly population," Dr. Teigland says.

Federal and some state regulators are pushing back, questioning the use of antipsychotic drugs and citing nursing homes for using them in ways that violate federal rules. New York has increased its focus on antipsychotics in nursing homes, training inspectors to spot signs of medication abuse. Last month, the Arkansas attorney general filed suit against Johnson & Johnson and two of its units, claiming, among other things, that they "engaged in a false and misleading campaign" to promote its antipsychotic drug Risperdal to geriatric patients.

The $122 billion-a-year nursing-home industry's use of drugs raises complex issues in an aging society. Revulsion against practices such as tying down and sedating disruptive elderly patients led in 1987 to a landmark federal law, signed by President Reagan, that set limits on how and when nursing homes can physically, or chemically, restrain a patient. Since then, a rising population of elderly people suffering dementia has entered nursing facilities, many of which have overburdened staff.

Full-Text

December 7, 2007

Elder Abuse - Exploitation from Government System?

by Joan Abney
Glendale

While I applaud any information provided to our elderly population with regard to protecting their personal choices, I have to say from personal experience that our Attorney General has done very little to put teeth into the programs he claims to endorse. Terry Goddard claims to take a stand against elder abuse/exploitation but his office has done nothing to protect or defend those that are being abused and exploited.

It's easy to claim an interest and the reason to do so is clear, given the fact that over the next seven years Arizona is gearing up to welcome the largest retired population in it's history. However, elder abuse/exploitation is more than a political platform and warrants far more than political rhetoric. This growing population has earned and deserves peace of mind without further exploitation from the government system designed to protect them.

Keeping in mind that in the majority of exploitation/abuse cases the abuser is a family member or known to the victim, I offer the following example:

My mother had emergency guardianship/conservatorship documents filed against her in court. She had 72 hours to be served and the opportunity to challenge the action against her. She was not served and was unaware an action had been filed. By the time she became aware, police were sent to collect her, her financial resources were no longer hers and her civil rights had been removed. Her own financial resources were now being used to fund the action against her. For the past year she has continued to fight for her right to remain independent and viable.

Even though Mr. Goddard's office is well aware of this situation he has seen fit to take no action nor offer any comment.

I can't think of any other protected class of citizen in the U.S. that would be expected to pay and fight for the continued right to freedom and liberties. Stealing a life should not be considered the norm by virtue of our age.

Our senior population needs to be aware that there is little by way of protection and unfortunately, as our years advance, so must our vigilance with regard to self preservation. Everywhere we go we hear more horror stories and yet our government agencies, legal authorities and justice system appear ill prepared, unwilling or simply lethargic in their willingness to address what appears to be a growing industry in Arizona

Arizona Range News
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Thank you, Joan for speaking out.
It is extremely sad and frustrating to read yet another article on the problems with Guardianship/conservator laws and bureaucrats. There are so many such cases publicized on the net. I believe that the true number far exceeds those reported. What about cases where the victims do not have someone to speak out for them?
It is time, that those of us who have such experiences, get together to push for changes. I am prepared to collate information on this issue. Please contact me via email.

The NHS Can be a Danger to the Elderly

Ageing patients need compassion and assurance from hospitals.
All too often, they are treated with indifference
Henry Porter Sunday December 2, 2007 The Observer

An elderly man is taken by ambulance to the Worcester Royal Hospital on Sunday evening. His wife suspects that the pains on the left side of his chest are caused by pneumonia, which he has contracted four times previously. After running a test on his heart, the ambulance paramedics agree that it looks serious. On arrival at the accident and emergency department, he is given an X-ray. But then nothing much happens.

It is late. He is told there are no beds available. He is moved to a cubicle with a door. In the early hours, the door is shut, perhaps to allow him to get some rest. At any rate, he becomes worried and wonders whether he has been forgotten. He summons the breath to shout for attention. As he remembers it, he was there for several hours before a nurse came, but we cannot be absolutely sure because he was ill and his sense of time may have been distorted.
In the morning, A&E staff ask him to phone his wife to come and take him home. As it happens, she is already on the way to visit him. She arrives and is very surprised to see him dressed because he looks a good deal worse than the evening before. He has some antibiotics with him and has been told that his pneumonia is a 'borderline case'.

Through the day spent at home, his condition worsens. What to do? Phone the ambulance again and hope the hospital has the wit to admit him and provide proper treatment or try another route? His children are away - one in Romania, the other in Edinburgh - but his daughter-in-law organises a private ambulance to collect him from Worcestershire and take him to London, where a private room has been found.

His condition has worsened considerably by the time he arrives in the early hours of Tuesday morning. It looks touch and go. He is transferred to an intensive therapy unit at another private hospital, where he receives superb levels of care. On Wednesday, he begins to turn the corner. By Sunday, though still quite weak, he is well enough to be driven home.

I know all this to be true because the patient in the story is my father and it was my mother who moved heaven and earth to find him treatment in London.

The much bigger question in all this is the way we treat old people in hospital. My father was insured and he had a family to fight for him, but the vast majority of old people are lacking either or both of those factors. Someone less fortunate may not have survived the casualness of these episodes - for there is much evidence to suggest that the health and lives of old people matter a lot less than those of young people.

A study of 23 hospitals published by the Healthcare Commission last September found that only five complied with government standards of caring for old people, although all 23 declared that they had. Clearly NHS workers are able to deceive themselves on the failure of basic care and respect.

There is only one conclusion. What we are seeing in the NHS attitude reflects a common view that as people age, they fade from our concern. Six weeks ago, in the light of reports about the unhappiness of British children, I wrote that 'a society that fails its children is almost worthless'. The same applies to a society that fails the elderly. What is worrying is that these two symptoms of thoughtlessness may in fact be part of the same condition: a decline in the values and compassion of at least two postwar generations.

Abridged Article: Source - The Observer

December 6, 2007

Elder Abuse Under reported - Japan

The Yomiuri Shimbun


A survey conducted on behalf of the central government earlier this year indicates that instances of abuse of elderly nursing care patients by their caregivers is vastly underreported.
Elderly people suffered mistreatment inflicted by staff at nursing care facilities nationwide in at least 498 cases in fiscal 2006, according to the central government's first survey on abuse of the elderly at such facilities.


The figure is nearly 10 time more of the 53 cases reported in fiscal 2006 to municipal governments across the country.
The survey also showed that about 70 percent of nursing care facility staff did not know the content of the law designed to prevent abuse of the elderly, making clear that the law's object is not thoroughly understood.
Coming into effect in April 2006, the law defines abuse and stipulates caregivers' obligation to report it to municipal government authorities.
The survey was conducted in February by the Sendai Dementia Care Research and Training Center in cooperation with other institutions on behalf of the Health, Labor and Welfare Ministry.
Caregivers and those in charge of overseeing them at 9,082 nursing homes and health care facilities for the elderly were asked to answer a questionnaire.
Presenting the definition of abuse against the elderly, the survey asked caretakers to give answers on the situation at their facilities between April and December last year.
Of those surveyed, 22 percent of those in charge and 21 percent of caregivers responded.
As for types of abuse, psychological abuse, such as abusive language and neglect, topped the list with 190 cases, followed by 131 cases of physical abuse, 101 cases of unnecessary physical restrictions or use of restraints such as binding elderly patients to their beds, and 81 cases of abandonment of care.
Abuse of elderly patients by caregivers has been reported in various parts of the country.
It was revealed in August last year that an elderly woman was verbally abused by male caregivers in a special nursing home for the elderly in Higashi-Yamato, Tokyo.


In Hokkaido, instances of abuse of dementia patients came to light at a group home. Caregivers at the facility reportedly abused the patients by forcing them to sit in the hall. Following the revelation, the Hokkaido government revoked the facility's license.


Asked about why such abuse took place, 47 percent of the caregivers answered that it had something to do with their own personality problems while 43 percent said that they lacked knowledge and awareness of what constituted abuse.


The survey showed that two out of three caregivers at such facilities did not know what is written in the law to protect elderly people from abuse. Moreover, among caregivers with less than two years of experience, 20 percent said they did not know the law even existed.
The law obliges staff at such nursing care facilities to report abuse to municipal governments.
However, only slightly more than 1 percent of the caregivers had reported cases of abuse to municipal governments, and the figure among supervisors was 7 percent.


"The nature of abuse inflicted by nursing care facility staff is far graver than abuse by family members," said Soji Tanaka of the Japanese Center for the Prevention of Elderly Abuse, a Tokyo-based nonprofit organization.
"I was surprised to see the low awareness on the part of those working at such facilities. I believe it's necessary to [raise their awareness] through education on human rights, including preventing abuse," he added.

SOURCE: The Yomiuri Shimban

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Yet another report that echo the findings of similar studies made in other countries. Elder abuse IS under-reported. Governments must work to raise awareness about Elder Abuse. If there were laws in place to punish elder abusers; potential abusers will think twice before acting.

Canadian Seniors to Get Help

LeBreton vows help from Ottawa for seniors who are poor or abused
Pamela Cowan, Leader-Post
Published: Monday, December 03, 2007


The federal secretary of state for seniors says her government will soon be making proposals to address poverty among seniors and the huge problem of elder abuse in Canada.

Senator Marjory LeBreton told a small group of seniors at Wintergreene Estates Seniors' Residence on Saturday that it's difficult to determine the scope of elder abuse because it's a taboo topic.

"There's incomplete data but what we do know is that between four and 10 per cent of people are abused, but it's way under-reported," she said. "We figure it's probably 50 per cent under-reported."

LeBreton was in Regina after a day-and-a-half meeting of federal, provincial and territorial ministers responsible for seniors wrapped up in Saskatoon on Friday.

She said elder abuse includes physical assault, isolation or financial scams, sometimes at the hands of family members. To prevent the abuse, LeBreton is preparing a presentation that she will submit to cabinet. Once approval is given, she expects a public awareness campaign will be launched within weeks.

"A few years ago there was a campaign on spousal abuse -- that it would not be tolerated -- it's that kind of public awareness that we're trying to deal with because it is a huge problem," LeBreton said.
Seniors need to know where to turn for help and advice, she said.
The National Seniors Council was set up to study two issues this year -- elder abuse and seniors that live close to or below the poverty line, she told reporters.

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It is interesting to note that this politician was quoted as saying "...it is difficult to determine the scope of elder abuse because it's a taboo topic." For those of us from around the world who are working hard to highlight this problem; we have to admit that we have a lot more work to do.

December 5, 2007

Unfair Treatment of Reporters of Elder Abuse

It is most disturbing that reporters of elder abuse cases to authorities in various countries, often resulted in the reporters themselves been investigated! Motives are questioned.

Why? May be it is easier for authorities to suspect the motive of the reporter than to investigate the reported case.

I now know of 3 cases where the reporters of elder abuse have been suspected of ‘unsavory motive’ and investigated. One case is still ‘in progress’ after a few years of legal wrangling.

It is NOT encouraging for any potential ‘whistle blowers’ or reporters of Elder Abuse.
We need support NOT investigation into our motives.

Are there no one in our 21st century who can be considered generous and altruistic.

Have we become so materialistic that nothing done can be judged as an act of altruism or humanity?

For those in charge of various government programs in the fight to prevent elder abuse; listen to us.

How can you expect people in the community to assist, if you treat the reporters with suspicion and contempt? Let's face it, the victim often DO NOT report the abuses. It is often left to a caring relative, friend or neighbour. Do not wait till your department is called by the police or funeral house director before you act!

This post is not to discourage others in reporting elder abuse. It is just that some issues need to be sorted out by authorities regarding the health and safety of the elderly. In their next conference or staff ‘in service’ seminar; perhaps they can look at this problem of how to treat reporters of elder abuse.

We are currently gathering information on cases where reporters of elder abuse get investigated or called into question about their ‘motives’.

Please contact me via email if you have similar experience when reporting an elder abuse case.

by Andrew

Elderly Citizens Robbed by Own Families

By Lou Robson
Article from: Sunday Mail


QUEENSLAND'S property boom has sparked an increase in the number of elderly people being swindled by predatory family members.

Middle-aged children whose parents own expensive property have used power of attorney to transfer ownership then sell homes, pocketing hundreds of thousands of dollars.
A spokeswoman for the Lifeline-sponsored Queensland Elder Abuse Prevention Unit said $30 million was known to be stolen this way each year.

Many other seniors were too ashamed to report family-related theft.
Justice Department Adult Guardian Dianne Pendergast said 145 cases of elder abuse were under investigation in Queensland.

One woman lost her $750,000 home after granting a relative power of attorney.
Another returned from hospital to find her house had been sold.
Ms Pendergast said a growing number of "predators" wanted their parent's assets.
"I'm sure property prices have played a role in the growing number of financial elder abuse cases," she said.
"The inner-city worker's cottage is suddenly worth $1 million and middle-aged children don't want to wait for their inheritance."

State Seniors Minister Warren Pitt said a new $1.9 million Seniors Legal and Support Service network had been set up to protect asset-rich elders.
"While neglect and psychological abuse are common forms of abuse, financial abuse is a significant emerging issue," Mr Pitt said.

"Perpetrators of abuse are most frequently adult children, followed by spouses or partners and other family members."

He said offices in Cairns, Townsville, Hervey Bay, Toowoomba and Brisbane would be operational this month.

The network will provide free legal advice, counselling, court support and financial education.
Aged-care officials said the problem was so widespread the Department of Families, Youth and Community Care invested $50,000 in a University of Queensland project called Minding the Money - an educational program on asset protection.
During the $100,000 project, which received $50,000 in funding from the J.O. and J.R. Wicking Trust for the visually impaired, 27 seminars were held at at bowls clubs, banks and retirement homes in the ageing Brisbane suburb of Redcliffe.
UQ Assets and Age Research team Dr Deborah Setterlund said seniors needed to heed warning signs and put financial safeguards in place.

"This problem is surprisingly and frighteningly common," Dr Setterlund said.
"There's no discrimination between sons and daughters and the sums range between $100,000 and $750,000."

Seniors were advised to seek legal aid before signing power of attorney documents, to install legal safeguards in power of attorney documents, to grant power of attorney to more than one person and make an asset inventory. It was also recommended seniors keep bank statements, bills, receipts and records of all cash transactions.

Source
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Greedy adult children who cannot wait to have 'their inheritance' are more common than we thought. It is their over-blown sense of entitlement that often drive them to all sorts of schemes. They will manipulate, neglect etc.. to get what they want.
Often the elderly victims do not want to report because they are fearful and ashamed. There should be helplines for such victims to talk to someone who is trained to assist them.

Reasons for Not Reporting Elder Abuse

Elder abuse is a hidden, tragic secret for many. But why? Often older people who are victims of abuse are reluctant to speak out. The fear of repercussions may feel more oppressive than the actual abuse they are subjected to. Shame or guilt may stop them from revealing their abuser, who might be someone they love. Sometimes victims simply do not have the capacity to report it.
Whether a victim is unable or unwilling, some of the barriers to revealing elder abuse include:
Fear:

  • of being punished for reporting
  • of institutionalization
  • of rejection or abandonment by other family members
  • of losing their caregiver
  • of losing access to family members, including grandchildren
    that the disclosure will reflect poorly upon their family
  • Love for the Abuser
  • The senior may care deeply for his/her abuser, leading to conflicting feelings about revealing the abuse. The victim is likely reluctant to see the abuser criticized or face consequences for the behavior.
  • Lack of Understanding or Impairment. A victim may be unable to report the abuse because of cognitive impairment or other disability. A mental impairment or inappropriate medication may also keep a victim from revealing the abuse.
  • Shame and /or Guilt. Victims of elder abuse often blame themselves for violence and neglect they are subjected to. They are often reluctant to report the abuse because they are ashamed of what the family member did to them or embarrassed that they placed their trust in that person. The senior may also believe that it was something they did that brought on the abuse.
  • Unaware of Resource Options. Victims are often unaware of the community supports and services available to assist them.
  • Acceptance of Abuse or Neglect as Normal. If abuse has been a prevalent or typical pattern of behavior in a family, both the abusers and the victims may accept it as “normal” behavior. For many victims suffering at the hands of an abuser, violence and neglect are simply a way of life. Additionally, as violence is an accepted form of expressing rage in our society, the abuse may be dismissed and go unreported by others.

For More information, visit: Alberta Elder Abuse Awareness Network

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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