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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.

April 18, 2012

Woman Says Mom Abused in Nursing Home (NC. USA)

 Woman says mom abused in nursing home
April 16, 2012
by Kristin Nelson

GREENSBORO, N.C. — Greensboro Police are investigating a case of alleged elder abuse at Maple Grove Health and Rehabilitation Center on Meadowview Road.
The rehab center called police and the patient’s daughter on Friday after they realized Elizabeth Kennedy, 86, had injuries to her head.
“They told me that my mom had taken a blow to the head,” said Louise Jones, the patient’s daughter.
Jones said she trusted the staff at Maple Grove to provide constant care for her mom, who suffers from dementia.
“She’s 86 and defenseless, and I wasn’t here to protect her,” Jones said.
Jones believes one of the aides punched her mother in the head and showed FOX8 the pictures of the bruise.
“It was all kinds of emotions when I saw her–hurt, anger, revenge,” Jones said. “She’s like my child.  She can’t get up. She can’t walk. This is the coldest of anybody. They’ve got to be of the devil. They have to be.”
FOX8 reached out to the Rehab Center for comment, but no one returned calls by Monday night.
“They’re doing everything to get to the bottom of it.  They called someone in from corporate office. She’s here,” Jones said.
Jones said she is concerned for everybody who is in the care of Maple Grove, and she wants justice.
“If they have any godly thing in them, maybe they can come forth on their own, and maybe it can make it a little bit easier. But I don’t think it will ever justify for how I feel, what it’s put me through and what my mother has endured,” Jones said.
Jones said Maple Grove has offered to place her mom in another facility, but Jones said her mother’s doctor can only come to this home.
Jones lives in Cherokee, about four hours away, and has been with her mom since Friday.


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Elder Abuse An Issue We Should Confront (USA)

 Aging Gracefully: Elder abuse an issue we should confront
Apr. 9, 2012
Written by Dotty St. Amand

Recently I had the privilege of participating in the Aging in America conference held in Washington, D.C. The conference was attended by some 3,000 professionals from various disciplines in the field of aging representing every corner of the United States.
At the opening session of the conference, Assistant Secretary of Aging Kathy Greenlee of the Administration on Aging addressed the crowd of professionals who sat eager to hear the recent news from Capital Hill on issues related to services for aging. As expected Greenlee talked about Medicare, Medicaid, the Older Americans Act, and Alzheimer’s and dementia care.
Just as the powers that be were giving her the signal to wrap up her speech, she politely asked for just five more minutes – in many ways, those five minutes were the most powerful. In those final few minutes, she boldly stated that in speaking of our nation’s vision she must address blindness.
Assistant Secretary Greenlee spoke with much sensitivity about the blindness our country has to the issue of elder abuse and neglect. She challenged the audience to take a leadership role in asking the hard questions about whether we have older adults in our communities who are being abused, neglected or exploited.
More importantly, she pointed out that our national response must be as simple as asking ourselves if we know who those people are that may be in abusive situations and if we know what they need from us.
Abuse and neglect of the elderly is a topic most would people would like to ignore. Not because we lack compassion, but because we want so badly to believe that it does not really happen. Sadly, too often older adults are — in the words of Secretary Greenlee — “hit, raped, neglected or swindled.”
We must work together to put an end to the mistreatment of older adults.
Lee County is on the right track to make a difference. Lee Elder Abuse Prevention Partnership is our local coalition of community partners who are committed to addressing the issues surrounding elder abuse, neglect and exploitation.
The diversity of agencies involved in the coalition is likely the reason this fairly young coalition has succeeded in bringing leaders and consumers together. From human services agencies and long-term care providers to law enforcement and protective services, the participation of key leaders in the field of aging demonstrates how important this issue is to our community.
Take action by joining LEAPP on April 24 for a public screening of the short film “An Age for Justice: Confronting Elder Abuse in America.” This free event is hosted by the Lee County Sheriff’s Office. LEAPP members will lead a group discussion immediately following the film. To reserve your seat, call 590-0861.
Dotty St. Amand is an administrator of memory care assisted living in Fort Myers and adjunct faculty teaching dynamics of aging for allied health. She can be reached at dottystamand@gmail.com.

 SOURCE:      NEWS PRESS
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Combating Elder Abuse in Indian Country (USA)

By Robert Barton
April 16, 2012

America’s population is aging quickly. In 2008, according to the U.S. Census Bureau, approximately 13 percent of Americans were 65 or older. By 2030, estimates are that demographic will exceed 20 percent.
Among Native Americans, the number of American Indian and Alaska Native elders will more than double by 2030, with trends indicating those 65 or older will total 15 percent in 2030, up from 7 percent in 2010.
Amidst this backdrop, a troubling narrative is emerging. Our elders are under attack, often by the very people who should be caring for them. Unfortunately, Native American elders are no safer than their elderly non-Indian neighbors. It is time for tribal, state, and national leaders to break from the complacency of the past and deal with this issue head-on.
The term “elder abuse” generally encompasses abuse committed against the elderly in a variety of forms, including physical and/or emotional abuse, financial exploitation or neglect. In a recent study, 1 in 13 seniors reported some form of mistreatment in the past year. One in 25 seniors were a victim of financial abuse, and one in 50 were the victims of physical abuse. An astounding 90 percent of elder abuse was committed by family members. Unfortunately, these numbers only scratch the surface of the problem. Because of love for (or fear of) family members and the prospect of shame or isolation, many victims feel hesitant to come forward and confront their abusers. For these and other reasons, experts estimate only 1 in 57 cases are reported.
What these figures mean for Indian Country is not yet known. Based on statistics for other crimes, it can reasonably be assumed that incidents of elder abuse are more common in tribal communities than the general population, but past efforts to identify the extent of the problem in Indian Country have been inconclusive. In 2004, the National Indian Council on Aging released its report titled “Preventing and Responding to Abuse of Elders in Indian Country.” The Report lamented the lack of research, effective tribal codes and funding to address the problem. In 2005, the Administration on Aging released its report, “Elder Abuse Issues in Indian Country.” This Report also recognized the lack of research and funding for combating elder abuse. Unfortunately, despite the reports and their recommendations, little progress appears to have been made.
So what can tribal communities do to protect our elders? After all, many tribal cultures understand themselves to venerate their elders, holding them in high esteem and giving them great honor. You would think that respect for elders should be an effective inoculation against abuse of elders. Unfortunately, that is not always the case and the first step for prevention must be taken within tribal communities. Tribal, political, and cultural leaders must begin to research and document the extent of the problem of elder abuse. Tribal citizens must communicate clearly and loudly to their tribal, state, and national leaders that the protection of our elders is a top priority.
Tribes, through our health and community service providers, can improve education and awareness among those who have regular interaction with the elder community in an effort to improve the detection, deterrence and treatment of elder abuse. Local law enforcement must be trained to recognize and investigate suspected cases of elder abuse. Existing tribal codes should be evaluated to determine whether they sufficiently reflect the tribe’s values in protecting elders and whether elder abuse is defined as a crime. Punishments to deter future conduct can be established, or if punishments are already provided, these punishments can be evaluated for their effectiveness in deterring future conduct. Tribes may also wish to offer their elders legal and financial advice resources for retirement planning in order to limit the types of situations where financial elder abuse can take place.
Finally, tribal, state, and national leaders can take steps to make it known that funding the prevention and treatment of elder abuse is a priority. In August 2011, the Administration on Aging within the Department of Health and Human Services announced grant funding specifically targeting the issue of elder abuse in Indian Country. However, these grants totaled less than $750,000 for a population that currently exceeds well over 200,000 elders. While an encouraging step, this limited funding is not enough to give our elders the protection they deserve. Meaningful and effective program funding will not appear on its own, and tribal leaders and tribal communities must continue to push, as a national priority, for the resources necessary to treat this growing problem.
Potential solutions to identify, mitigate, and treat the problem of elder abuse abound. But only by laying the proper foundation of education, treatment, and enforcement now will we be able to prevent the abuse and neglect of seniors from irreparably damaging our communities in the future.
 
Robert Barton is an attorney in the Los Angeles office of Holland & Knight LLP where his practice focuses on complex trust and estate litigation, conservatorship and guardianship matters, and elder abuse matters. He is an enrolled member of the Oneida Tribe of Indians of Wisconsin.

SOURCE:        IndianCountry Today MediaNetwork

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Care Home Operator Arrested on Charges of Theft, Elder Abuse ( USA)

 
Care home operator arrested on charges of theft, elder abuse
April 16, 2012
By Kerry Kavanaugh
The operator of several personal care homes is now in jail, accused stealing money from her mentally disabled residents.

Gwinnett County Police told Channel 2 Action News they also discovered residents were living in unsanitary conditions at the homes.
Police told Channel 2's Kerry Kavanaugh they were investigating Sema Vijayi's bank records for the past five months and believe she stole at least $10,000 from roughly 30 residents.
Investigators obtained search warrants for all seven of Vijayi's personal care home locations spanning across Lawrenceville and also her own home in Snellville.

Police said they found disabled residents were paying to live in her basement.
Kavanaugh spoke to one woman, who said her sister one was of them, yet she had no idea why the state removed her from the home and sent her somewhere else.
"My sister was actually in her care and we had to find out about it on the news," Lynne Cruz said.

Cruz told Kavanaugh she had no idea her sister's caretaker was arrested last Wednesday until her family saw Vijayi's mug shot on Channel 2 Action News on Sunday.

Cruz said Vijayi had total control of all the money her sister received through Social Security.
Police said as the home operator, Vijayi was entitled to some of the money to cover the cost of care, but Vijayi was keeping all of it.
When police searched the homes last week they said their case against Vijayi got even bigger.

"We were able to find homes where the cleanliness wasn't where it should be. There was one report where water was shut off in the home for five days," Detective James Flanagan with the Gwinnett County Police Department said.
Harold Holcombe, who is representing Vijay, says she is "completely innocent."
He says the $10,000 she was accused of siphoning from her business account was used for her business vehicle, her corporate American Express card and other business expenses.
Holcombe also said the five facilities that police have identified as unlicensed personal care homes are actually independent living homes, which operate under different standards.
"They pretty much destroyed her reputation and her life with this," Holcombe said.
Flanagan said the state was to remove and relocate the residents. But Kavanaugh found many residents still at a location on Bob Hannah Circle.
Workers there denied any residents were in the home.

Kavanaugh said she could see residents through the windows of the home. One even came outside to speak to her.
Lynne Cruz said she eventually tracked her sister down at the home on Bob Hannah Circle as well. She believes her sister went without her medication or a shower for days.
Kavanaugh is waiting on a response from the Department of Human Services to find out about the care the residents are currently receiving.

Vijayi is expected to appear in court on Thursday. She is currently charged with theft and elder abuse. Police anticipate the list of charges will grow.

SOURCE:     
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April 17, 2012

Licensing of Ontario Retirement Homes Begins (CANADA)

Licensing of Ontario retirement homes begins
By Moira Welsh, Staff Reporter
Apr 16 2012

Investigators are using new provincial licensing rules to target 50 retirement homes in Ontario suspected of elder abuse and neglect.
The homes already face serious complaints and must prove they can care for seniors before getting one of Ontario’s new retirement-home licences, says Mary Beth Valentine, CEO of the Retirement Homes Regulatory Authority.
As of April 15, all retirement homes in Ontario — roughly 700 — must apply for an operating licence under rules set out by the new Retirement Homes Act. They cannot operate without a licence.
“We certainly have a number of homes that we would consider to be in a high-risk category,” Valentine said. “They will certainly be getting an inspection before a licensing decision is made.”
Created in January 2011, the authority started accepting complaints related to abuse or risk of harm a few months later. It has since investigated 150 homes. Valentine said the 50 in question have unresolved problems related to multiple complaints.
At least 40,000 Ontario seniors live in retirement homes; that number is expected to increase dramatically as the baby boomer generation ages. Homes range from expensive buildings that resemble luxury hotels, charging more than $6,000 a month, to low-cost houses that charge $1,200 a month.
Seniors’ Minister Linda Jeffrey said the new licensing system will put negligent operators on notice.
“They would be at the top of my list (for investigations),” Jeffrey told the Star.
“Our seniors have the right to expect they are going to be safe and comfortable and treated with dignity in their retirement. I would expect the retirement home authority would root out those bad apples and get them to clean up their act — or shut them down.”
Valentine said the focus is on homes with the worst complaints. But seniors’ advocate Judith Wahl argues that many troubled homes fly under the radar because residents do not speak up.
“A lot of people don’t know their rights or they are afraid to say anything,” said Wahl, of the Advocacy Centre for the Elderly.
“When you are frail and have care needs, it’s very challenging to make an effective complaint,” Wahl said. “But just because a home hasn’t had complaints doesn’t mean it’s a good place.”
In 2010, the Star sent an undercover reporter to live for a week as a resident in a Toronto retirement home. His story exposed serious problems, including filthy living conditions, terrible food, untrained and illegally paid staff, and residents so sick that they needed medical attention from a government-funded nursing home.
Many of those problems, uncovered by Star reporter Dale Brazao, would not fall under the abuse or risk-of-harm threshold currently required for an investigation. Regulations that will allow the authority to hold homes accountable for a full range of complaints won’t begin until 2014.
“It’s rather short-sighted,” Wahl said. “This (initial licensing period) is an important period of time when people need to speak up and raise issues.”
All homes must apply for a licence by July 1. It is still unclear how many homes actually operate in Ontario because until now they have faced little government oversight.
“We don’t really know how many homes there are or how many people are in these homes. It is a huge job for us, in doing that first assessment,” Valentine said.
The licence application forms ask for detailed information, including the owners’ personal and financial history, presence of automatic water sprinklers in suites, staff training programs, and patient-care demands such as dementia, pressure ulcers or problems with bathing, eating or diapering.
Most will be licensed — or not — by March 31, 2013, Valentine said. Some problem homes will get licences but must meet certain conditions to continue operating. Others could be refused a licence, but Valentine said the authority must first consider what would happen to residents if a home was shut down.
Laurie Johnston, CEO of the Ontario Retirement Communities Association (ORCA), said she believes every effort will be made to help homes meet the standards.
“The whole purpose is to raise the bar in the sector, not to put people out on the street, out of home,” Johnston said.
About 80 per cent of Ontario’s retirement homes are members of ORCA and must pass an accreditation test before joining, she said.

 SOURCE:      The Star, Canada
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Chennai Woman Fights for Her Rights at 85 (INDIA)

Married at 15, literate at 48, Chennai woman fights for her rights at 85
Karthika Gopalakrishnan,
TNN
Apr 8, 2012

CHENNAI: Unschooled and married at 15, A T Pankajam taught herself to read at 48 after her husband died. Laboriously, she traced words from a 'Spoken English' book to decipher the sale agreement for a house he bought on Munusamy Achari Street in Sembium for 2.5 lakh in 1989.

Since a third person managed to lay claim to the house in 1990, Pankajam - now 85 - has been trudging to the Madras high court every other week. Her only hope is that the house will be returned to her, which will save her from a life on the streets - she is struggling to pay her dues at 'Home Happy Home', a shelter for the elderly in Kolathur.

The three girls and a boy from her husband's first marriage as well as her two sons abandoned her after her husband died. "I stayed with my youngest son but after he got married, his wife didn't like me even serving him coffee. She said either she would stay in the house or me; so I offered to leave."
Pankajam moved to a hostel and her son paid the monthly rent of 6,500 for six years. "After that, money stopped coming as they had many loans to repay. My son brought me here as the rent is 3,500, but I haven't paid for the last few months. They have let me stay for now, but how long can it go on? If they ask me to leave, where will I sleep?" she asked.

She has been living in old-age homes for the last 12 years.
I am old but I am also a woman. My house fetches a rent of 20,000 a month. Why do I have to fight so hard for something that is rightfully mine?" she said, choking on the words.

"I have attended free tailoring classes at the church in Perambur. I can stitch blouses, underskirts and saree falls as well as curtains. I used to request churchgoers to give me clothes to stitch as it would help pay for my stay at the home. I was paid 50-100. Now, I have grown older and my stitches don't come out in a straight line. I can use only white thread which is the only thing I can see. But youngsters today want colour of the stitches to match their clothes. Nobody comes to me anymore," she said.

Her case before principal district and sessions judge P Kalaiyarasan as well as her representation to registrar-general G Chockalingam is set to come up next week. "I take a share auto and a bus and the walk to the HC for each hearing. It is terribly hot and I am constantly asked to shuttle from one section to another for my case. My case has come up before several judges, but all of them change and move up to the HC. Judges have appreciated my petitions, saying they are well-written for someone who has never gone to school. But nothing changes. I am still here," she said, pointing to a bag below her bed, a small pull-out calendar, a plastic bucket and mug and a few discarded plastic bottles - her only possessions.

SOURCE:      Times of India

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April 16, 2012

Police Raid Fair Havens Manor Assisted Living Home (SC. USA)

 North Charleston police raid Fair Havens Manor assisted living home, charge director with neglect
By Renee dudley
April 13, 2012

The long-serving operator of a North Charleston group home for the elderly and disabled was arrested in a raid of the facility Thursday morning.
The residents, who include hospice and low-income patients, were removed from the home, a measure patient advocates said was unusual and drastic, occurring only when residents are in imminent danger.
Andrea Magwood, 68, faces a charge of neglecting a vulnerable adult in her care at Fair Havens Manor, the eight-room Cosgrove Avenue house licensed as a 20-bed assisted-living home, state records show. It is Magwood’s second arrest in connection with the home.
State officials offered no explanation for why Magwood was allowed to return there following her earlier arrest of charges of abusing and exploiting a 65-year-old woman. They did say that they are tightening oversight of small assisted-living homes similar to Fair Havens Manor.
Magwood might face additional charges stemming from an ongoing investigation of the facility’s operations, according to the North Charleston Police Department. Her bail hearing is scheduled for this morning, spokesman Spencer Pryor said.
The 79-year-old man Magwood is accused of neglecting was “in such poor health that (the complainant) had him transported to the hospital immediately,” according to an incident report. Police were notified of possible neglect on April 5.
The man was severely dehydrated and malnourished. Doctors diagnosed him with a subdural hematoma, a collection of blood on the brain that can result from head injury, the report said.
A state official said Magwood, who has operated group homes for about 35 years, is licensed as a long term health care administrator, although her name does not appear on the S.C. Department of Labor, Licensing and Regulation website.
Magwood’s license had been suspended following her arrest in 2004. At that time, state officials slapped the facility, then called Genesis Community Care Home, with $8,300 in fines after finding roaches and moldy food in the kitchen, unsupervised disabled residents and a malnourished woman with sores.
LLR spokeswoman Lesia Kudelka said she could not provide details of Magwood’s license history Thursday.

 Abridged
SOURCE:      The Post and Courier
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Nursing Home Aide Accused of Abusing Dementia Patient (FL. USA)

 Nursing home aide accused of abusing dementia patient
Worker, who has been fired, held pillow over woman's face, deputies say
April 13, 2012
By JIM SCHOETTLER
Morris News Service

Worker, who has been fired, held pillow over woman’s face, deputies say
A 53-year old St. Johns County nursing home worker has been charged with abusing a patient after being caught holding a pillow over her face this morning, the Sheriff’s Office said.
Detectives arrested Martin Robinson Aniello of Spring Street on a charge of elder abuse. The Sheriff’s Office said the incident occurred at the Ponce Care Center on Old Moultrie Road. Aniello had been working as a nurse’s assistant at the home. He was fired after his arrest, according to a statement from the facility.
Aniello is accused of holding a pillow over the face of an 81-year-old female patient as she screamed for help.
A co-worker who was outside the victim’s room heard the unidentified patient screaming “Stop, don’t do that,” about 2:30 a.m and opened the door to see Aniello holding the pillow over her face with his right hand, a Sheriff’s Office report said.
Aniello threw the pillow by the headboard and said to the patient, “Don’t hit me. If you keep this up, I will take you to the shower room,” the report said. A nursing supervisor was alerted to the incident and called police.
The report said that the patient, suffering from dementia, has a history of screaming the same thing she said that drew the co-worker’s attention to the room. Those incidents have occurred while she is being showered or changed, the report said.
Another employee of Ponce Care Center was arrested in October on a charge of battery on a person 65 years or older, according to a Sheriff’s Office report.
Frances Melissa Neal, 25, of Hastings, was working as a staff member at a facility when the incident happened, according to the report. The victim said that Neal was helping her use the bathroom and got agitated after she asked for help reaching the toilet paper.
The victim said that Neal grabbed her left arm and pulled it behind her to the point it hurt her shoulder, according to the report. Neal stopped pulling when the victim yelled, “Ow.”
The report also says that the deputy questioned Martin Aniello about that incident, and he told the deputy that he did not see a battery occur but heard the victim say, “Ow, that is my hurt shoulder.”
At the time, nursing home officials declined to comment about the incident.
Neal is scheduled for a felony pretrial hearing in St. Johns County on May 1, according to court records.
During his arrest on Friday, Aniello invoked his right to remain silent, according to the Sheriff’s Office. Records show no other arrests in Florida for Aniello. He was once the subject of an unfounded sexual allegation at the home, the Sheriff’s Office said.
Aniello was released from the St. Johns County jail Friday afternoon after posting bail.
An official of the nursing home declined to talk about the case or Aniello’s employment. The facility’s statement praised Aniello’s co-worker for reacting quickly.
“Thankfully there was immediate action on the part of supervisory staff to intervene and prevent harm to the resident,” the statement said.
The St. Augustine Record reporter Sheldon Gardner contributed to this story.

 SOURCE:    St Augustine.com

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April 14, 2012

Caregiver Sentenced in Elder Abuse Case


Caregiver sentenced in elder abuse case
Written by Dana Littlefield
April 12, 2012

EL CAJON — A caregiver accused of taking money from a 93-year-old Pearl Harbor survivor and letting him live in squalor was sentenced Thursday to two years in custody, according to 10News, a media partner of U-T San Diego.
Milagros Angeles, 63, will be allowed to serve that time in local jail instead of prison. She pleaded guilty last month in El Cajon Superior Court to false imprisonment of an elder and forgery, both felonies.
Originally, Angeles faced four felony charges after her January 2011 arrest, when authorities found Arnold V. “Max” Bauer living amid rat droppings and rotting food. Charges of elder abuse with great bodily injury and theft from an elder were dropped in light of her plea.
Bauer, a former Navy machinist, was suffering from a urinary tract infection, dehydration and prostate cancer when authorities found him last year. In November, he died at age 94 at a Chula Vista rest home.
Deputy District Attorney Claudia Grasso said previously that Bauer died of pneumonia, which had nothing to do with his care.
Angeles, who had worked for Bauer since 2009, has already served more than a year in jail, which will count toward her sentence.
 
SOURCE:       UT SAN DIEGO
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Elder Abuse: Free Advice (USA)

 Elder Abuse
Written by FreeAdvice Staff
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Elder abuse charges may involve not only direct physical abuse, but also neglect that results in the deterioration of the health of an elderly individual. The general charge of elder abuse occurs when a person causes an elderly person harm or permits an elderly person to suffer any unjustifiable physical pain or mental suffering. Because elder abuse includes a wide range of acts and omissions, a defendant should understand the offenses associated with elder abuse, any potential defenses, and the consequences of an elder abuse conviction.
Elements of Elder Abuse Charges
Elder abuse charges are categorized as assaultive offenses, even when the abuse is based on neglect. Some states use the title elder abuse when charging this offense. Others utilize headings like injury to the elderly or create enhanced penalties under their assault statutes for elderly victims. Elder abuse includes reckless, intentional, or knowing bodily injury to an elderly person. An elderly person is anyone the age of 65 and above. These statutes are designed to protect particularly vulnerable victims, and thus tend to be broader than basic assault statutes. Elder abuse statutes do not limit charges to injuries which are the result of a direct assault or striking of an elderly person.
Elder abuse charges can also include omissions, or failure to take action, which results in the neglect of supervision or care of an elderly person. For example, if a regular attendant of an elderly person at an assisted living facility knows that an elderly person cannot get out bed and fails to assist them in occasional movement to prevent bed sores and other problems, then the attendant could be charged with elder abuse if the victim suffered injuries as a result of the neglect. Regardless of which type of elder abuse is charged, courts will consider a series of factors including the condition of the victim prior to the abuse, where the abuse took place, the extent of the pain or injuries, and the degree of force used by the defendant.

Abridged
SOURCE:        Criminal Law - Free Advice

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

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