Spotlight on Elder Abuse

St. Charles Man Charged With Abusing Elderly Mother

noreply@blogger.com (Andrew Chadwick) — Tue, 14 May 2013 20:26:00 +0000

by KMOV.com staff
KMOV.com
May 8, 2013

A man was arrested after he allegedly beat up his 79-year-old mother at his St. Charles home on Monday.
Daniel Quirk Jr. was charged first-degree elder abuse.
According to court documents, Quirk punched and kicked his mother at a home in the 340 block of Oakleaf.

Authorities said Quirk’s mother was transported to the hospital with broken bones, bruises, cuts and abrasions.
Police said Quirk was on probation for a 2010 assault on his mother, and there was a warrant out for his arrest.

“Your worst fear is something like this reoccurs only it’s worse this time,” said circuit court judge Tim Lohmar. "If you look at the pictures you can see that this was a brutal assault.”
Sources say Quirk locked his mother in a room for hours before taking her to the hospital
Officials say for every elderly person who is a known victim of financial or physical abuse, there are six more who are unknown.

SOURCE: KMOV
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D.C. Council Still Stalling on Elder Abuse

noreply@blogger.com (Andrew Chadwick) — Tue, 14 May 2013 20:23:00 +0000

Local Editorial: D.C. Council still stalling on elder abuse
May 9, 2013

Last March, the daughter of the late D.C. Councilwoman Hilda Mason told the Office on Aging's Elder Abuse Prevention Committee that even her politically connected mother and multimillionaire stepfather became victims of neglect and financial exploitation at the hands of court-approved "conservators" who pilfered their fortune while forcing them to live in squalor.

The District's Adult Protective Services failed to protect her parents and still fails to protect vulnerable seniors, Carolyn Nicholas, president of Advocates for Elder Justice, testified.
As The Washington Examiner reported last year, Nicholas has been pleading with current council members to amend the Adult Protective Services Act to bring the District law in line with other states' best practices. But they're still dragging their feet.

In February, Council member Marion Barry, D-Ward 8, introduced a bill in memory of his old friend and political ally. The Charles and Hilda Mason Elder Abuse Clarification and Expansion Act of 2013 clarifies the definition of elder abuse and increases the penalties for preying on vulnerable seniors.

Guardians or conservators are only supposed to be appointed for people who do not have other plans in place when they become physically or mentally incapacitated. But D.C. Superior Court judges have overridden seniors' wishes, assigning "representatives" to people who have already designated a family member, friend or attorney to handle their affairs when they became frail or incapacitated. Court-appointed guardians and conservators have total control over their wards' persons and property, but some are completely unsupervised, with no requirement to submit to outside audits or even file periodic accountings with the court for how they spent assets it took a lifetime to accumulate.

With such absolute power and little or no oversight by the courts or the city, abuse is inevitable. "Many court-appointed attorneys, guardians and/or conservators have in fact become nothing more than predators," Nicholas told The Examiner.

Barry's bill, which has been co-sponsored by Council members Anita Bonds, D-at large, Yvette Alexander, D-Ward 7, and Jim Graham, D-Ward 1, would make financial abuse of the elderly a felony punishable by a $10,000 fine and up to 15 years in prison, and allow elderly victims to sue for restitution. It would also prevent those convicted of exploiting seniors by "deception, intimidation, misrepresentation, fraud or undue influence" from inheriting their victims' estates.

Three months later, Barry's bill is still sitting in the Judiciary Committee because Chairman Tommy Wells has not scheduled a hearing. What is he waiting for?

SOURCE: The Washington Examiner
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Seniors Urged to Report Abuse

noreply@blogger.com (Andrew Chadwick) — Tue, 14 May 2013 20:19:00 +0000

May 10, 2013
By JoAnn Merrigan

Quite a few people in the audience were using walkers or relying on canes. Now in their "golden years" they're spending a day learning about crimes that victimize senior citizens.
Shalena Cook Jones is the elder abuse prosecutor at the Chatham County District Attorney's Office. She told seniors that 90 percent of violent crimes against persons 65 or older, are committed by someone the senior knows. She urged seniors to stay in touch with friends and neighbors, to have a circle of friends who will help. And she urged those friends to speak up and report the crime if the senior being hurt is too afraid. "But our system is only as good as the people who actually report these crimes, who see it on a daily basis," said Cook Jones. "And sometimes it's just too easy to turn your back to it so we must empower people."
Vernita Wilson took home that important piece of advice. "I learned to keep watching out for my neighbors and they can keep watching out for me," she told us.
Diedie Bonaparte and her friend Roberta Williams know physical crimes against people their age are increasing. "But what's startling is the acceptance of it," said Bonaparte. "And the idea from a senior that it has only happened once but may not happen again."
Bonaparte said it's not always about your safety, but your money. "I had a case where a family member tried to get me to put my house in their name," she said. "They told me it would be best for me. I doubt that."
Seniors who feel alone are assured they're not. The district attorney's office has an eye on crimes against the elderly. Shalena Cook Jones telling us that physical abuse can leave scars and must be reported by a medical professional for example. However, she says stealing a senior's money or scamming them can often be harder to detect. "Financial abuse, you could never know about until months and years have passed" she says. "I think the statistics say that something like $9 billion dollars a year of elder abuse money is being stolen from them every year. That's a huge industry of crimes we're not touch because we're not educated."
Cook Jones says seniors who are being hurt physically or who suspect someone of stealing their money should contact the police. She says to contact the Elder Abuse Division of the Chatham County District Attorney's Office, call 912-652-7308.

SOURCE: WSAV
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Roca Man, Ex-Wife Arrested in Elder Abuse Case

noreply@blogger.com (Andrew Chadwick) — Sun, 12 May 2013 23:49:00 +0000

Roca man, ex-wife arrested in elder abuse case
May 10, 2013
By JONATHAN EDWARDS / Lincoln Journal Star

A 45-year-old Roca man wiped out his mother’s $150,000 life savings over the past two years to pay for child support, a motorcycle and his ex-wife’s tanning and cosmetic surgery, Lancaster County Sheriff Terry Wagner said.

On a doctor’s recommendation, Brian Glen Robinson’s 69-year-old mother gave her son and his then-wife, Carla Robinson, power of attorney in February 2011 and added both as signers to her checking and savings accounts, an affidavit for their arrest says.
During the next two years, Wagner said, the Robinsons drained her bank account of $156,000, including $67,000 in cash withdrawals, $49,000 in child support payments and a divorce settlement, restaurant meals, trips to day spas and tanning salons.
They also racked up a $19,200 debt on her credit card, he said.
“Her entire life savings has been depleted,” Wagner said. “Unfortunately, the money’s gone. It’s not recoverable.
“It’s very devastating for the victim.”
A month after getting power of attorney, Robinson’s mother put a $71,000 down payment on a Roca house where the three of them would live. The mother agreed to pay the mortgage, as long as her son and daughter-in-law paid for utilities and groceries.
Investigators didn't list the house payment in the affidavit, because the mother agreed to pay it, Wagner said.
He said elder abuse cases are tough because investigators have to wade through transactions and parse out which are legitimate and which are theft.
For example, Brian and Carla Robinson paid for his mother's care while they also were allegedly stealing from her, Wagner said.
The document granting Brian and Carla Robinson power of attorney forbids them from transferring money to themselves or using it to pay for their legal obligations, the affidavit says.
But after they moved in, it says, Robinson blocked his mother from looking at her mail, including bank statements, locking them in a room upstairs along with her purse.
Brian and Carla Robinson split up in late 2011 and divorced the next July. A Lancaster County District Court judge ordered him to pay $984 a month in child support for six months, and then $1,210 after that.
The judge also ordered him to pay her a one-time lump sum of $10,000.
Robinson made good on the order by paying $49,000 from his mother’s account between May 2012 and February, Wagner said.
One of the mother’s friends grew suspicious and took her to talk to investigators, who started looking into the matter in February.
Deputies jailed Brian and Carla Robinson on Wednesday and Tuesday, respectively, and prosecutors charged them with felony theft and abusing a vulnerable adult.
County Judge Jeffrey Marcuzzo let Brian Robinson out of jail on a $5,000 personal recognizance bond.
County Judge Thomas Harmon ordered Carla Robinson to pay 10 percent of her $10,000 bond before she was released from jail Tuesday

SOURCE: The Journal Star
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Camborne Carer Jailed for St. Ives Nursing Home Abuse (UK)

noreply@blogger.com (Andrew Chadwick) — Sun, 12 May 2013 23:43:00 +0000

Camborne carer jailed for St Ives nursing home abuse
11th May 2013
Cornwall

A care home worker from Camborne has been sent to jail for nine months after abusing care home residents.
Fiona Sally Salmon, aged 40, of Fore Street, mistreated patients over a five month period at Cornwallis Nursing Home, which caters for those suffering from dementia and Alzheimer's disease in particular.
On March 14 she was found guilty of seven charges of ill-treating or neglecting residents suffering from insufficient mental capacity.
The court had heard statements from a former collegue that Salmon had rubbed a resident's face with a flannel so hard it caused a nosebleed, squeezed talcum powder into a woman's face and called a resident a grubby b***h.
Other accusations included pinching and slapping residents, according to the prosecution.
She was handed the prison sentance yesterday at Truro Crown Court.
Salmon no longer works at Cornwallis Care Services' home in St Ives

SOURCE: ThisIsTheWestCountry

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Governor Signs Elderly Abuse Law (Georgia USA)

noreply@blogger.com (Andrew Chadwick) — Mon, 06 May 2013 23:09:00 +0000

Kevin Hall The Moultrie Observer
May 3, 2013

MOULTRIE — Georgia Gov. Nathan Deal signed into law on Friday a bill to help fight abuse of the elderly, and he came to a Moultrie personal care home to do it.

House Bill 78, sponsored by Rep. Wendell Willard, R-Sandy Springs, and five others, increases the number of mandated reporters of abuse and collects the language of various state laws on the matter into a single act, according to remarks by Deal and Commissioner Clyde Reese of the Department of Human Services.

Reese said in the current fiscal year, the Department of Aging Services, a division of his agency, is investigating 2,100 cases of elder abuse, 2,700 cases of financial exploitation, 3,600 cases of neglect, 3,700 cases of self-neglect and 73 cases of sexual abuse of an elderly person.

“We want to make sure we don’t allow people to abuse the elderly of our state,” said Deal, a former prosecutor.

The changes made by the new law will make prosecution of crimes against the elderly easier, he said. It also expands similar protection to disabled adults of any age.

SOURCE: The Moultrie Observer

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Bank Employee Accused of Defrauding Elderly Woman (CA. USA)

noreply@blogger.com (Andrew Chadwick) — Mon, 06 May 2013 23:06:00 +0000

BY SARAH BURGE
STAFF WRITER (PE)
May 03, 2013

A Murrieta man was arrested Thursday, May 2, on suspicion of defrauding an elderly woman he met while working at a bank, authorities said.
Don Leon Foster, 35, was arrested at his current workplace in San Diego County, Riverside County sheriff’s officials said in a news release.
Sheriff’s officials said Foster took advantage of the woman — who recently died — while he was working at a bank in Temecula, defrauding her of “a large sum of money.”
Investigators did not disclose the amount of money taken. But the bail in such cases typically reflects the amount of money believed to have been stolen. Foster’s bail is set at $183,000, jail records show.
After arresting Foster on University Drive in Vista, investigators also served a search warrant Thursday evening at Foster’s home in the Mapleton area of Murrieta.
He was booked into the Southwest Detention Center in French Valley on suspicion of financial elder abuse, sheriff’s officials said.
A case to transfer conservatorship of the woman and her estate from Foster to a public guardian was filed in Riverside County probate court in November, court records show.
Foster contested the case, saying in court records that he was a legitimate caretaker. He said he met the woman in 2007 while working at Wachovia Bank. He said they became friends and she opened accounts there. He and his family began to spend time with the woman, who had no close relatives, and helped take care of her, Foster said. The friendship continued when he left Wachovia in 2009 and took a job at U.S. Bank, he said.
That same year, the woman signed a will leaving her estate to “my good friend, Don Leon Foster” and gave him power of attorney.
When a court-appointed lawyer spoke with woman at her residential care facility in November, she was by then 88 years old, in declining health and suffering from dementia. She was very confused, the lawyer wrote in court records, and was unable to recall who Foster was.

SOURCE: The Press-Enterprise
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Protect Seniors in the Year of Elder Abuse Prevention (USA)

noreply@blogger.com (Andrew Chadwick) — Mon, 06 May 2013 23:01:00 +0000

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 five cases go unreported.

Elder abuse happens, but everyone can act to protect seniors.

The Administration on Aging (AoA), an agency of the Administration for Community Living (ACL), is sponsoring the Year of Elder Abuse Prevention (YEAP) to encourage national, state, and local organizations to protect seniors and raise awareness about elder abuse, neglect, and exploitation.
Please Protect Seniors and join us in taking a stand against elder abuse this year! Enter a Pledge Card and commit to do something extra this year to raise awareness in your community about elder abuse, neglect, and exploitation!
As part of the YEAP, the AoA is pleased to provide information, tools, and resources to support partners in their efforts to raise public awareness about elder abuse and shed light on the importance of preventing, identifying, and responding to this serious, often hidden problem.

The YEAP toolkit includes: (PLEASE GO TO SOURCE FOR RESOURCES)

• YEAP Toolkit Information Sheet: Protect Seniors in the Year of Elder Abuse Prevention
• YEAP Outreach Guide: How Your Organization Can Generate Awareness and Foster Action to Guard Against Elder Abuse
• Fact Sheets:
o 10 Things Anyone Can Do to Protect Seniors
o Warning Signs of Elder Abuse
o How to Answer Those Tough Questions About Elder Abuse
o Protect Yourself From Abuse, Neglect, and Exploitation
• Logos
o File Type: .jpg
Download Logo: | Color | Black & White
o File Type: .eps
Download Logo: | Color | Black & White
o File Type: .gif
Download Logo: | Color | Black & White
• Poster

• Customizable YEAP Templates
o PowerPoint
o Fact Sheet/Newsletter
o Event Flier
o Certificate
• Web Banners
o Banner Ad - 160x600
o Banner Ad - 180x150
o Banner Ad – 180x55
o Banner Ad - 300x250
o Banner Ad - 278x90

• Social Media Tools

SOURCE: Administration of Aging

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AGING AND ABUSE

noreply@blogger.com (Andrew Chadwick) — Mon, 06 May 2013 22:51:00 +0000

The most recent estimates suggest 1 in 10 seniors are abused, neglected or exploited, and that has serious implications for individuals and communities. Victims of elder abuse are much more likely to end up in hospitals and nursing homes. Seniors lose almost $3 billion a year due to financial exploitation, which leaves them vulnerable and dependent on government or family assistance. With an aging population, elder abuse is only expected to increase, and social service agencies are often not able to keep up. In this five-part series, we look at the complexities of elder abuse in the D.C. region and why the problem is so difficult to address.

WHERE TO GET HELP IN DC, MARYLAND, VIRGINIA

WARNING SIGNS OF ELDER ABUSE

COUPLE TALE OF ABUSE

James and Etta Jennings moved to the Forest Hill neighborhood of Richmond in 1959. They were young - just married - and the first owners of their red brick ranch house. They had children and then grandchildren, who gathered in their family room for holidays and learned to swim in their backyard pool.
But when their granddaughter, Jeannie Beidler, approached the home on July 27, 2010, she was confronted by a grim reality. Paramedics, police and Adult Protective Services social workers were on the scene.
"You could smell the stench of urine and feces," she says, standing at the foot of the driveway. "From this point, we already knew what we were about to walk into."
The Jennings' son, Beidler's uncle, was supposed to be caring for them, but it became clear very quickly that something had gone horribly wrong. The Jennings were living without running water or even a fan. James was confined to a chair. His blood pressure was high and he was fading in and out of consciousness. Etta was living on a broken bed crawling with maggots.
Beidler was overwhelmed.
"To think how could this have happened to her? I can't think of a sadder moment in my life or a heavier moment in my life than that," she says.
It's hard to imagine how a family home could sour and rot as the Jennings' had, or how somebody could watch two elderly parents wasting away. But neglect is not uncommon, especially for seniors with dementia and complicated medical conditions who are also at risk for physical and emotional abuse, as well as financial exploitation
In a study funded by the National Institute of Justice, approximately 1 in 10 seniors reported being abused or neglected in the previous year, and financial exploitation of seniors is estimated to total $2.9 billion dollars a year. Victims of abuse are more than twice as likely to die prematurely and more than four times as likely to be admitted to a nursing home or rehab center.

Abridged
SOURCE: AMERICAN UNIVERSITY RADIO
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Toughen Maine Law to Prevent, Fight Financial Exploitation of Elderly

noreply@blogger.com (Andrew Chadwick) — Sun, 28 Apr 2013 21:00:00 +0000

By Tabitha Sagner and Kelly Souder, Special to the BDN

April 21, 2013

It is estimated that by 2030, almost 25 percent of Americans will be 60 years of age or older. Elder financial exploitation harms the dignity, health and economic security of millions of Americans. Each year more than 12,000 Mainers are victims of elder abuse, neglect and financial exploitation. Elder financial abuse is underrecognized, underreported and underprosecuted. It has not been extensively studied, nor is it well understood.
The oldest demographic, those 85 and older, are the fastest increasing population of seniors and have a 30 percent chance of dementia. Many seniors are dependent on others for help. Sometimes, those helpers exercise substantial influence over seniors. To gain compliance with their demands, perpetrators often use threats of withdrawal of love, care, medications, food and social interactions and threaten institutionalization.
By median age, Maine is the oldest state in the nation and has more 300,000 people age 60 years and older. It’s estimated about 38,000 people in Maine are affected with Alzheimer’s disease and that thousands more suffer from other forms of dementia. One of the first symptoms of Alzheimer’s disease is financial difficulty due to loss of abstract thinking. Now that Maine’s baby boomers are reaching the age of retirement, there is an increased risk for more instances of financial exploitation in the coming years.
A 2012 study found the annual financial loss by victims of elder financial abuse is estimated to be at least $2.9 billion dollars nationwide. This creates a burden for state and federal services as the victims’ diminished resources are no longer enough to provide for basic needs and standards of living. This is not only a problem for the victim; the problem falls on the shoulders of all Mainers.
Police investigations of financial exploitation are commonly ceased — often because the perpetrator can demonstrate, via a power of attorney, his or her name on a bank account or other legal document. Often the victim consented to the use of funds, even if doing so left the victim destitute.
LD 527, sponsored by Rep. Mark Dion, D-Portland, proposes three modifications to the current statutes to better protect vulnerable adults.
The first modification is the addition of “dementia or other cognitive impairment” to protect people who are not able to adequately judge their situation and cannot give their consent.
The second modification states that consent cannot be given by “undue influence.” This is sometimes described as a deceptive means to control another person’s decision making. Examining undue influence could mean a more involved process of evaluating the true intentions of the vulnerable adult in the changing of their will, power of attorney, name on a joint account or the voluntary turnover of an asset.
Including the use of undue influence provides an increased incentive for law enforcement and prosecutors to pursue cases involving powers of attorney where the person is left destitute because of the misuse of their only assets by someone who had a right to use the assets.
When a power of attorney is misused in violation of the duty created, it is the same as theft. Currently, regardless of the amounts misused, the crime can only be a misdemeanor. This is where the last modification comes into play. The modification increases the penalty to a felony. If the value of the property is between $1,000 and $10,000, it becomes a Class C crime. If the value of the property is more than $10,000, it becomes a harsher Class B crime. This proposed bill would allow for the legal system to offer more punitive penalties to those who take advantage of our older, vulnerable adults.
Elder abuse in Maine is on the rise. Many seniors rely heavily on low incomes for their feeling of identity and independence. Taking a senior’s money creates a devastating loss. The term “financial violence” is more fitting to describe the horrific impact of financial exploitation. This bill creates the initial steps needed to enable prosecutors and law enforcement to better protect our seniors and vulnerable adults.
For these reasons, we encourage people to contact their legislators and urge them to pass LD 527, An Act to Protect Elders and Vulnerable Adults from Exploitation.

Tabitha Sagner of Old Town and Kelly Souder of Winterport are both Master of Social Workstudents at the University of Maine, set to graduate in May. They are also students in theHartford Partnership Program for Aging Education through the University of Maine Center on Aging.

SOURCE: Bangor Daily News
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Elderly Financial Abuse Costs Seniors $2.9 Billion Annually

noreply@blogger.com (Andrew Chadwick) — Sun, 28 Apr 2013 21:00:00 +0000

By J.R. SCHRADER
The Southwest Times

An estimated one million older Americans lose $2.9 billion each year through the financial abuse of the elder generation.
The perpetrators are not thugs with guns or threats or strangers, but family, neighbors, friends, caregivers and financial officers.
To combat this menace and help the elderly preserve finances, possessions and homes, the New River Valley Elder Justice Coalition will sponsor a Community Dialogue on Financial Abuse among Older Adults.
The session will be held Tuesday, May 7, at Highland Ridge Rehab Center, Dublin, from 9:30 a.m. to noon.
Brunch will be served. To register, call 674-4193 by May 1. More information about this event is available by calling Janet Brennend, Agency on Aging at 980-7720.
A panel representing law enforcement, long-term medical care, banking and finance and adult protective services will provide information during a question and answer session.
An open discussion on elder financial abuse and resource sharing will also be part of the session.
A grant from the Community Foundation of the New River Valley is funding the session.
Fraud by strangers accounts for 51 percent of elder abuse fraud, with business sector another 12 percent. Medicare and Medicaid fraud adds for percent.
Women are twice as likely as men to become victims of such abuse, most of them 80 to 89 yeas of age, living alone and requiring some level of help.
The typical victim is a frail white female, 70-89 years of age with cognitive impairment. She trusts others, is lonely or isolated. Family members are scattered and seldom visit or uninvolved.
Nearly 50 percent of the perpetrators are men, 30 to 59 years of age.
The abuse often leads to credit problems, health issues, depression and loss of independence, as well as finances, possessions and homes.
Many people know of such incidents, but seldom become involved until it is too late.
There are similar incidents that have occurred locally, but not reported nor any measures taken to overturn them. Recovering the losses are difficult.
One case in Georgia involved a couple, she the caregiver and her husband, were indicted for defrauding an elderly veteran with dementia out of about $182,000. Police say the couple took about $500,000 from the 80-year-old man.
Another case, in California, involved a CEO and CFO of an investment firm who were charged in 66 felon cases of bilking older investors out of $2.3 million over eight years.
These may be the exception, but hundreds of thousands of lesser amounts add up to $2.9 billion a year.

SOURCE:
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Conference to Offer Education, Awareness About Senior Abuse, Support Services

noreply@blogger.com (Andrew Chadwick) — Fri, 26 Apr 2013 00:09:00 +0000

By Sheena Read, QMI Agency
April 22, 2013

An upcoming conference will highlight elder abuse and available support systems.
The Nanton Quality of Life Foundation will be hosting a seniors conference called Shining A Light: A Seniors Conference on May 8.

The one-day conference will offer a series of workshops providing education and awareness to help local seniors, family members, service providers, volunteers and the public understand what elder abuse is.
“We know the need is out there,” says Nanton Quality of Life Foundation executive director Nicole Van Langen. “In there region there has been instances of senior abuse.”
The conference will help participants understand the many facets of abuse, and how to respond to the various forms of abuse.
It is the hope that this understanding will reduce the incidence of elder abuse through increased awareness and knowledge of the issue, says Van Langen.
“I think people are becoming more informed as to what constitutes the specifics of elder abuse,” says Van Langen. “I think it also helps that the government has provided a definition for it.”
Van Langen says she doesn’t believe that elder abuse is increasing, but likens it how there was a movement of growing awareness for domestic abuse about 30 years ago.
Elder abuse can occur in financial, physical, prescription, sexual, emotional and neglect forms.
“I think that education and information equals power,” says Van Langen.
“We have experts in those fields coming in to define all areas of abuse, and what to do if you’re a victim,” says Van Langen.
Included in the day’s workshops will be an expert on frauds and scams.
“I think that what happens is people don’t know what to do once it happens. He’ll show the information on what to do to protect yourself,” she says.
Another workshop will deal with how to maintain mental wellness.
“People will suffer in silence, especially in a small town,” she says. ‘
Van Langen says that the Nanton Quality of Life Foundation has obtained some great resource materials for packages for participants.
Although the target audience for the conference is seniors, Van Langen says that is applicable for anyone who has a senior in their life, as well as service providers like financial institutions, volunteers and care givers.
“In order to pinpoint abuse, sometimes it takes a team effort,” she says. The conference will be holding a limited number of seats for service providers.
“The information provided will be just as applicable,” says Van Langen.
There is no cost to attend this conference, and everyone is welcome.
For more information, contact the Nanton Quality of Life Foundation office at 403-646-2436.

SOURCE: The Nanton News
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Lawmakers Push New Elder Abuse Bill

noreply@blogger.com (Andrew Chadwick) — Thu, 25 Apr 2013 23:57:00 +0000

Apr 23, 2013
By WBRC Staff - email
BIRMINGHAM, AL (WBRC)

Several Birmingham lawmakers are taking a step toward fighting elder abuse. They joined Senator Cam Ward in Alabaster on Monday to update the progress of new legislation.
Researchers say 6,000 cases of elder abuse are reported each year, but these lawmakers fear many are not reported. That is why state lawmakers are pushing for this bill
According to experts, neglect and financial exploitation are the most common problems when it comes to elder abuse.
Sen. Ward authored the bill and Monday, he spoke to senior citizens in Alabaster about the specifics of the bill.
Part of that talk included sharing the story of Virginia Frick, who from 2006 to 2010 swindled out of $2.5 million by a man named Joe Giddens, a family friend who was appointed power of attorney.
Giddens received a penalty of 10 years in prison, the same as it would have been had he illegally gained $150 from his victim.
The proposed bill would make it a felony to commit such crimes, depending on the level and amount of abuse. It would also stiffen prison sentences for specific types of elder abuse.
The Alabama Legislature defined elder abuse last year and it will outline it with punishments this year. This bill would also make elderly abuse cases easier to prosecute.
This bill has already passed the full Senate and out of house committee. It's now set to go before the full house.
Sen. Ward says he feels that a vote will happen before the end of the legislative session and he feels confident it will pass.
Proponents of this bill urge seniors to contact their local lawmakers to show their support of the bill.
Copyright 2013 WBRC.

SOURCE: WSFA

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Multi-Million-Dollar Settlement for Victims of Patient Abuse (CANADA)

noreply@blogger.com (Andrew Chadwick) — Sun, 21 Apr 2013 22:58:00 +0000

Class action lawsuit launched in 1999 detailed multiple cases of abuse at Montreal long-term care facility St-Charles Borromée
CBC News
Apr 18, 2013

After years of experiencing unspeakable cruelty at the hands of those supposed to be taking care of them, a group of seniors and severely disabled people at a Montreal long-term care facility have emerged victorious.
In 1999, a class action lawsuit detailing hundreds of cases of abuse was launched against the St-Charles Borromée hospital in Montreal.
But it wasn’t until 2003, when family members of a patient there began secretly recording staff verbally and psychologically abusing their relative, that people began paying attention.
During 90 hours of recordings, staff called their relative — a 51-year-old woman who was left severely disabled after a car accident when she was 18 — a “pig,” repeatedly told her to “shut up,” refused requests for water and teased the woman by telling her a man was watching her outside her window and masturbating.
The tapes set off a chain of events that began with then-health minister Philippe Couillard calling a provincial inquiry, the suicide of hospital director Léon Lafleur and, ultimately, an all-out exposé on the conditions in Quebec nursing homes.
The scandal also encouraged other patients to come forward with their own stories of abuse, and the class action lawsuit was extended to include people who’d lived at the facility between 1993 and March 2006.
“It was a situation of grave negligence, of lack of coordination in service and care, a lack of respect, a lot of problems according to standards of how you treat patients and how you board and feed them,” said patients’ rights advocate Paul Brunet.
Settlement agreement reached 13 years later
An out-of-court settlement was finally reached this week, 13 years since it was launched; if accepted, a few hundred victims and the families of those who’ve since passed away are set to be awarded $8.5 million.
“It was long overdue,” Brunet said.
“I mean, after 13 years without the case even being heard in Superior Court — that is the real result of, in my mind, some negligence on the part of the defence lawyers.”
When asked whether he believed the delay was part of a strategy on the defence’s part, he said he didn’t know.
“But I know one thing — it’s disrespectful to patients.”
He said waiting so long on a case affecting elderly and severely disabled people was “not in very good taste.”
Since 1999, nearly one-third of the residents named in the class action lawsuit against St-Charles Borromée have died.
Long-term alternatives for long-term care
Brunet said he went to the former St-Charles Borromée last week — now a government-run long-term care facility known by the French acronym, CHSLD — and noticed part of the chapel was being used as a storage room.
It’s not necessarily indicative of abuse, he said, but it shows a lack of respect for the people being cared for at the residence.
He pointed to measures currently being looked at to keep elderly and disabled people at home instead of placing them in long-term care facilities.
He said having caregivers visit patients at home in lieu of sending them off to a home was a promising start.
“It’s not much more expensive, but it’s certainly more human,” he said.
But for those who have no other option but to be placed in a residence, Brunet encouraged family members and friends to visit.
“What kind of message do we send [the residences] if we don’t go and visit?” he asked.

SOURCE: CBC CANADA
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PA. Supreme Court Forms Task Force to Address Elder Abuse

noreply@blogger.com (Andrew Chadwick) — Sun, 21 Apr 2013 22:54:00 +0000

April 19, 2013 3:09 PM
By JON CAMPISI

The Pennsylvania Supreme Court has created an Elder Law Task Force charged with
Pennsylvania Supreme Court Justice Debra Todd studying the growing problems involved with guardianship, abuse and neglect, and access to justice involving the commonwealth’s senior citizens according to the Administrative Office of Pennsylvania Courts.
The task force, which will be chaired by Justice Debra Todd, has been charged with recommending solutions that include amended court rules, legislation, education and best practices.
“The increased population of older Pennsylvanians has strained the resources of our courts and their ability to provide services to these individuals,” Supreme Court Chief Justice Ronald Castille said in a statement. “The needs of this growing population will continue for years to come, especially in regards to guardianships, elder abuse and access to justice.
“Now is the time to put in place solutions that will allow older Pennsylvanians to age without worries that they will be abused or their money will be taken.”
The task force, which will be comprised of 38 elder law experts including judges, lawyers and social workers, will be made up of three different subcommittees, one addressing appointment and qualifications of guardians and attorneys, one dealing with guardianship monitoring and data collection, and the last focusing on elder abuse and powers of attorney.
The task force will have one year in which to complete its work.
“As a society, we have increased concentration on child abuse, but the issue of elder abuse has not kept pace,” Justice Todd, the task force’s chair, said in a statement. “This task force is the judiciary’s attempt to study the issues under its purview and make adjustments now, before the numbers of older Pennsylvanians and the commensurate jump in abuse, occurs.”
The Administrative Office of Pennsylvania Courts has noted that according to the United States Census Bureau, the over-65 population is now larger in terms of size and percentage of population than it was in any previous census.

The commonwealth currently ranks in at number four in the nation in percentage of citizens 65 and older
To illustrate the problems being addressed by the task force, the AOPC listed three examples of Pennsylvania stories involving elder abuse.
One involved a 64-year-old Lancaster man who depended upon a personal care aide to bathe him, dress him and fix his meals because he is an amputee.
According the police, the aide actually ended up neglecting him so badly that the man developed skin ulcers deep enough to reach his muscle and bone.
The man eventually lost his remaining leg to amputation because of the wounds.
The second example offered was that of a Dauphin County man who stole nearly $380,000 from his 89-year-old great aunt, a retired teacher. The man was the woman’s power of attorney, and he ended up cashing in his aunt’s pension money and Social Security checks.
The final story involved a dying Bucks County woman who had asked a neighbor to handle her personal finances because she was about to enter a nursing home.
Rather than pay the nursing home bills, however, the neighbor allegedly spent the money on luxury vacations, trips to casinos, expensive jewelry and for country club and golf club memberships.
The neighbor is facing 35 years behind bars for the five felony theft charges that have been lodged against him.
“At least these cases were eventually reported,” Justice Todd said in her statement. “The U.S. Administration of Aging’s National Center on Elder Abuse estimates that for every one case of elder abuse reported, five more go unreported. This is shameful, and we need to do better.”
Research funded by the National Institute of Justice showed that nearly 11 percent of people 60 years of age and older suffered from some sort of abuse in 2009.
The task force’s work coincides with the passage of Senate Bill 620 last month that makes changes to Pennsylvania’s powers of attorney law designed to help protect against elder abuse.
The legislation gives courts more power to act if financial abuse is suspected of those who hold power of attorney, and it would require the signature of those granting power of attorney to be acknowledged in the presence of a notary public.

The proposal also protects third parties from liability by ensuring that powers of attorney are legitimately executed.
In prepared comments, Sen. Stewart Greenleaf, the Montgomery County Republican behind the measure, said that the legislation “would provide significantly more protection against those who are seeking to defraud the elderly. Recent cases in Pennsylvania have demonstrated the need for more oversight for those who are being given power of attorney. The elderly are highly vulnerable in these situations, and are too often taken advantage of.”

SOURCE: The PennRecord
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Senior Citizens Learn to Outsmart Crooks at Victim Rights Seminar

noreply@blogger.com (Andrew Chadwick) — Sun, 21 Apr 2013 22:50:00 +0000

By Jeri Packer
Staff Writer
April 19, 2013

They target the vulnerable, the “easy marks,” stripping them of their life savings if they can.

Groups like the St. Clair County Prosecuting Attorney’s Office of Victim Rights and the Council on Aging, serving St. Clair County assist seniors all year round to help them live full lives, despite the challenges of aging.

National Crime Victims’ Rights Week is an annual event that promotes victims’ rights and services. The focus during last week’s observance was New Challenges/New Solutions, centering on senior citizens’ issues. Elder abuse schemes are as numerous as ever. To combat these plots targeting the elderly, several county agencies sponsored a “Protecting Our Seniors” seminar.

The seminar was sponsored by the St. Clair County Prosecuting Attorney’s Office of Victim Rights, Council on Aging, Sheriff’s Department and the Port Huron Police Department.

Speakers were experts on elder abuse issues and discussed senior citizens’ susceptibility to physical, emotion and financial abuse, said Victim Rights Coordinator Sheryl Eckert.

Eckert said there are many elderly victims who remain undetected by the Victim Rights office until the sheriff or police get involved. In these cases, the agency can step in and volunteer their services to people who have been taken advantage of and demoralized.

“Crimes against seniors are significantly under-reported,” Eckert said. “They like their independence and don’t want to admit they were taken advantage of.”

At the seminar, speakers talked about current scams to look out for, said Eckert. In one such scheme, a charlatan duplicates the Internal Revenue Service website and sends a message that says someone will get “x” amount of dollars if they fill out the form, she said. Then the victim unknowingly gives out their personal information, including their social security number, while filling out the fake form.

St. Clair County Det. Kelsey Wade, a speaker at the seminar, said her contribution was to “help this vulnerable adult community preserve financial well-being and make sure they sustain their quality of life.”

She warned against participating in a scam that claims a prize can be claimed if money is first sent to secure it.

“Always check with somebody first or call the sheriff’s department to verify it is valid,” she said. The St. Clair County Sheriff’s Office contact number is (810) 987-1700.

Sr. Assistant Prosecutor John Walke talked about probate court and wills and how putting off getting affairs in order can ultimately leave a person vulnerable in their latter years.

“In elder abuse — from a legal perspective — one of the ways they make themselves vulnerable is because they don’t plan ahead, making some plans to protect themselves later on,” he said.

For the last three years, the Council on Aging of St. Clair County has been able to give Safe Horizons a grant to fund a new resource to the aging community.

“It’s a fantastic use of dollars to help this vulnerable population,” said Safe Horizons Executive Director Sarah Prout.

One senior she recalled didn’t have a copy of her birth certificate and couldn’t get any services. Safe Horizons was able to intervene and get her the assistance she needed.

Although the majority of seniors Safe Horizons help are women, about 35 percent are men. They might need the services of a case manager, placement into senior housing, lessons in financial literacy or an eviction of an abusive grandchild or partner from their home, she said. They may need counseling to help them to put up healthy boundaries or a Personal Protection Order against someone abusive.

“Just because they are elderly doesn’t mean they’ve lost their rights,” she said. “We provide them with services and connect them to the community. Our service is to make sure seniors are safe in their homes.”

For more information, call or e-mail Victim Rights Coordinator Sheryl Eckert at (810) 985-2301 or email seckert@stclaircounty.org.

SOURCE: The VoiceNews
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Watch for Elder Abuse

noreply@blogger.com (Andrew Chadwick) — Sun, 21 Apr 2013 22:48:00 +0000

By Kathleen J. Ernce

Augusta

April 20, 2013

Mr. Hillman is correct – we need to “raise awareness about the issue of child abuse in our community.” While I agree with his statement, I want to expand that statement by saying that we need to increase awareness about all aspects of personal violence – against a child, a spouse or a senior citizen.

Children learn from what they see, hear and witness, and responsible adults need to be the eyes, ears and hands of those in our society who cannot advocate for themselves, regardless of age.

In psychology, we learn victims have the potential of becoming abusers because of learned behavior. Children see fathers shove, choke or slap mothers; a child may become a “stress-reliever” for an abusive parent; or a child witnesses mistreatment of grandparents. The cycle continues.

Elder abuse encompasses mistreatment, neglect and exploitation of a physical, psychological or sexual nature, and can be summarized as vast, cruel and costly. It can cause a cascade of consequences with implications for the health and economic security of victim, family, community and nation. Despite the 2010 passage of the Elder Justice Act, fighting widespread abuse of seniors still is not a top priority for care providers and governments alike. As many as one in 10 people age 60 and older are affected by senior abuse.

Why should you care about elder abuse? Because the older population continues to grow, and by 2030 there will be about 72.1 million older people, comprising almost 20 percent of the total population. The 85-plus population is projected to increase to 6.6 million in 2020.

While seniors are living longer, declines in cognitive and physical functions could make them more vulnerable to victimization. Elder abuse can happen to anyone – a loved one, a neighbor and, when we are old enough, it can even happen to us!

If you know of a victim or a potential victim of elder mistreatment, call your county Adult Protective Services at its toll-free number or contact our agency – the Senior Citizens Council, (706) 868-0120 – and we will assist you in making the referral. Remember: By making this referral, you might save a life.

Kathleen J. Ernce

Augusta

(The writer is executive director of the Senior Citizens Council of Greater Augusta and the CSRA.)

SOURCE: The Augusta Chronicle
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Jury Awards $23 Million in California Nursing Home Abuse Case

noreply@blogger.com (Andrew Chadwick) — Mon, 08 Apr 2013 23:03:00 +0000

Poor care provided to a resident in a California nursing home ultimately led to her death.

April 05, 2013
24-7PressRelease

A jury recently found a California nursing home guilty of acting with malice, oppression and fraud in its treatment of a resident. The poor treatment provided to the resident, an 82 year-old woman who suffered from Alzheimer's, ultimately led to her death.
Unfortunately, similar cases of elder abuse are not uncommon. According to the National Center on Elder Abuse, hundreds of thousands of adults over the age of 60 experience abuse, neglect or financial exploitation every year.

Elder abuse basics
Elder abuse can take many forms. The six main types are:
- Physical abuse
- Sexual abuse
- Emotional abuse
- Neglect
- Abandonment
- Financial abuse

Physical abuse, likely the most well known, occurs when an older adult is injured, assaulted or threatened. Physical abuse can also result from being inappropriately restrained or injured in another manner. Ultimately, physical abuse results in bodily injury or physical pain.
Sexual abuse occurs when any form of sexual contact takes place without consent.
Emotional abuse can take many forms including harassment or embarrassment and social isolation.
Neglect occurs when an elder is not receiving basic care to meet his or her physical, social or emotional needs. This can include not providing basic nutrition, hygiene or shelter. Abandonment is a more severe form of neglect and occurs when a caretaker deserts the patient.
The final form of abuse, financial abuse, occurs when an elder's finances are used without his or her authorization. This can include forging checks or coercing one into signing over assets.
Signs of elder abuse
Determining if a loved one is being abused can be difficult. However, some warning signs include:
- Bruises, cuts, broken bones and other physical injuries
- Sudden withdrawal from activities that were once enjoyed
- Sudden changes in financial situation
- Bedsores

The Administration on Aging calls for loved ones to be alert. It notes that those being abused often suffer in silence. As a result, it is important to take any changes in personality or behavior seriously.
If you suspect a loved one is the victim of abuse, compensation may be available to cover the cost of medical and rehabilitative expenses as well as pain and suffering. In some cases, punitive damages are also applied. These monetary penalties assigned to the abuser as a form of punishment.
Navigating these issues and determining the best path can be difficult. As a result, those who suspect abuse should contact an experienced personal injury lawyer to discuss their situation and better ensure their legal rights and remedies are protected.
Article provided by Law Firm of Rivers J. Morrell III

SOURCE: World News Report

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North Dakota Measure Mandates Reporting Abuse, Neglect of Seniors, Vulnerable Adults

noreply@blogger.com (Andrew Chadwick) — Mon, 08 Apr 2013 22:58:00 +0000

THE ASSOCIATED PRESS
April 06, 2013

North Dakota's House has endorsed legislation that would require the reporting of abuse or neglect of senior citizens and other vulnerable adults.
Representatives voted 86-4 in favor of the bill on Friday. North Dakota's Senate approved the measure earlier.
Backers of the measure say North Dakota and Colorado are the only two states that don't require the reporting of abuse to elders or other vulnerable adults. They say the measure is intended to protect seniors from physical, mental, sexual and financial abuse.
Failure to report the abuse would be an infraction under state law, for which a maximum fine of $500 could be imposed.

SOURCE: The Republic
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Local Elderly Warned They're Targets for Abuse

noreply@blogger.com (Andrew Chadwick) — Mon, 08 Apr 2013 22:56:00 +0000

Apr 06, 2013
By: Frances Weller
WILMINGTON, NC (WECT)

San Diego's District Attorney has a message for seniors in the Wilmington area: You're a target for abuse.
Paul Greenwood, one of the country's leading crusaders against elder abuse was the keynote speaker at a seminar for seniors at the New Hanover County Senior Center.
The event was put on by the Cape Fear Elder Abuse Prevention Network to educate seniors on ways to protect themselves from becoming a victim of emotional or physical abuse.
Greenwood says the most important lesson is being careful about who you trust. He also suggest children of seniors reversing their roles.

"The adult children need to have their guard up on behalf of their parents," Greenwood said. "It's sort of a reverse role. Our parents took care of us when we were very young. Now, I'm asking adult sons and daughters to be more vigilant but aware that parents are being taken advantage of every single day."
Greenwood told the seniors Friday night that if they believe they're a victim of abuse to not be embarrassed to report it.
Copyright 2013 WECT.

SOURCE: WECT
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Elder Abuse Reporting Should Be Mandatory, Group Says

noreply@blogger.com (Andrew Chadwick) — Tue, 02 Apr 2013 22:50:00 +0000

Between 4 and 8 per cent of senior citizens are abused
CBC News
Apr 1, 2013

An association representing retired Quebecers is calling on the provincial government to do more to prevent elder abuse.
According to the Quebec Association of Retired and Semi-Retired People (AQRP), between four and eight per cent of the province’s senior citizens are abused, representing approximately 100,000 Quebecers.
The Quebec government launched its action plan to counter elder abuse back in 2010, which included an awareness campaign and the establishment of a toll-free number to report abuse and additional human resources.
But AQRP spokesman Mathieu Santerre is asking for additional help.
"We ask for mandatory reporting of elder abuse from, for example, physicians, nurses and all the people ... who give services to elderly people," he said.
He said senior citizens are often afraid to report cases of abuse, which can range from neglect to physical violence to financial exploitation, because they’re often related in some way to their abusers.
“We love each other [in family situations], so it’s very difficult to report,” he said.
He said abuse can lead to stress, malnutrition, depression and even suicide.
Santerre urged people to report cases of elder abuse to 1-866-497-1548.

SOURCE: CBC CANADA
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Province Urged to Step Up Elder Abuse Fight

noreply@blogger.com (Andrew Chadwick) — Tue, 02 Apr 2013 22:48:00 +0000

The Gazette
April 1, 2013

MONTREAL

An association that defends the rights of public-sector retirees in Quebec is pushing for new legislation that would require employees of nursing homes and members of professional orders to report elder abuse to authorities.

The Parti Québécois pledged during last summer’s provincial election campaign to launch a series of consultations that would lead to such a law being enacted in the province.
Now, the Association québécoise des retraité(e)s des secteurs public et parapublic is asking Health Minister Réjean Hébert to follow through on that promise.

“We are asking minister Hébert to solidify the commitments his party made to seniors in Quebec,” association president Lyne Parent said in a release on Monday afternoon.

The association’s request comes only days after Hébert announced a new public awareness campaign targeting elder abuse in Quebec. The campaign, which will include television and radio spots as well as posters and online materials, kicked off on Sunday and will run for five weeks. It is part of a larger government action plan designed to reduce the number of elderly Quebecers who suffer abuse at the hands of family members or caregivers.

Studies have shown that up to seven per cent of seniors in Quebec have experienced some form of abuse, be it physical, verbal, emotional or financial.

A confidential help line ( 1-888-489-2287) was also set up in October 2010 to assist seniors in distress. As of February 2013, it had received 10,677 calls. In 43 per cent of cases, the caller was a women age 70 to 89, and in 52 per cent of cases, the abuser was a member of the senior’s family.
© Copyright (c) The Montreal Gazette

SOURCE: The Montreal Gazette
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Involvement is First Step to Help Prevent Elderly Abuse

noreply@blogger.com (Andrew Chadwick) — Tue, 02 Apr 2013 22:45:00 +0000

By Roger Chesley
The Virginian-Pilot
© April 2, 2013

The story of a caregiver's abuse of her elderly client frightens anyone with an aging relative.
How can we protect loved ones who can't fend for themselves - or even communicate that they're being throttled?
And in the worst case: Could they die at the hands of someone paid to assist them?
Shelia D. Beard, 48, was sentenced to more than a year behind bars, a Virginia Beach Circuit Court judge decided Friday. Beard entered an Alford plea on felony and misdemeanor counts of abuse or neglect of an incapacitated adult, meaning she didn't admit guilt but acknowledged there was enough evidence to convict her.
Beard was indicted in July 2011 for her treatment of Selma Cardon Bennett, who was 94 when she died last year. The Pilot reported Beard spent about five years caring for the woman, who suffered from dementia.
The private home-care facility where Cardon Bennett lived suspected something was wrong, and it installed hidden cameras that caught images of Beard punching, slapping and taunting her patient. The footage shocked people who testified in the case.
It probably disgusted them, too.
Such incidents are sure to produce angst among adults trying to provide geriatric assistance for their parents. Elderly people with mental problems face greater risks.
It's as scary as picking a day care center for infants: You're entrusting people to protect innocents who can't complain.
Families that haven't confronted the issue of aging relatives requiring care might in the future. An estimated 5.2 million Americans have Alzheimer's disease, the most common form of dementia. By 2025, the number of people ages 65 and older with Alzheimer's could reach 7.1 million, the Alzheimer's Association reports.
Protecting her mother from possible abuse "was a big concern," India Austin told me Monday. Nenar Austin suffered from Alzheimer's, and she had to go into a Virginia Beach nursing home shortly before she died in August 2011.
"It was hard finding help," her daughter said. High costs also were a factor.
Many nursing care employees do the best they can for their patients. They act professionally in situations that can be physically and mentally exhausting.
However, that's not always the case.
A 2001 congressional report found that almost 1 out of every 3 U.S. nursing homes were cited for an abuse violation in a two-year period. "In over 1,600 of these nursing homes," the report said, "the abuse violations were serious enough to cause actual harm to residents or to place the residents in immediate jeopardy of death or serious injury."
Nowadays, it's difficult to know how much abuse occurs. "So often, it goes unreported," said Marilyn Fall. She's the president and COO of Elder Care at Home Inc. and The Caregivers, a Virginia Beach-based business.
How can you do the best for loved ones?
Fall and others in the industry suggest going through a licensed home care agency instead of using a private care worker. The former ensures minimum standards, including that a firm follows state regulations on worker education and supervision. Agencies also must get criminal background checks for employees.
Investigate the agency and the individual, said Sonya Barsness, a consultant who runs her own Norfolk-based gerontology business.
"I tell families to be as involved as possible," she said.
That's still no guarantee your loved ones will be safe, but it's a start.

SOURCE: The Hampton Roads
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Elder Abuse Case Includes Involuntary Manslaughter

noreply@blogger.com (Andrew Chadwick) — Thu, 21 Mar 2013 23:02:00 +0000

Elder Abuse Case Includes Involuntary Manslaughter

Palo Alto, CA

(Law Firm Newswire)

March 21, 2013

In Sacramento, the operator of an elder-care facility is currently facing felony charges after the death of a resident.

The owner of Super Home Care, Silvia Cata, was arrested and charged with felony charges of elder abuse and involuntary manslaughter regarding the death of a woman in her care.

The resident, Georgia Holzmeister, was 88. She had dementia and received care at Super Home Care since 2007. She died from severe bedsores which resulted in sepsis, a toxic response to bacteria or germs. While bedsores can be difficult to avoid entirely, the emergency room doctor who treated her later told investigators that Holzmeister’s bedsores were typed Stage 4, among the worst he had ever witnessed.

“This is believed to be the first time California’s Department of Justice has filed manslaughter charges against an elder-care caregiver regarding resident care,” stated Palo Alto elder law attorney Michael Gilfix.

California has rarely pursued criminal prosecution of elder care workers. Allegations of elder abuse and neglect are typically handled in civil court. Cata faces get as much as 12 years in prison if convicted. Two additional allegations are that the victim suffered “great bodily injury” and the abuse she suffered caused her death. An involuntary manslaughter conviction carries a maximum of four years. Cata is currently in the Sacramento County Jail, in lieu of $300,000 bail.

Cata, her spouse and her adult daughter were listed as Holzmeister’s caregivers. Cata has been licensed in California to operate a residential elder care facility since 1996. Though she is licensed to care for as many as six individuals, she stated that she usually cares for two or three residents. Previously, Cata was cited by state licensing officials for dispensing over-the-counter medication without medical orders, poor record keeping, and caring for a resident who was found to need a higher level of skilled nursing care. Holzmeister’s family paid between $2,000 and $2,800 monthly for her care.

Individuals who suspect elder abuse or neglect can speak with an elder law attorney to pursue any concerns. It is not necessary to have proof of neglect or abuse; anyone with any concern that there may be abuse is encouraged to file a complaint so that an investigation can begin.

SOURCE: LawFirmNewsWire

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B.C. Launches Elder Abuse Prevention Strategy (CANADA)

noreply@blogger.com (Andrew Chadwick) — Thu, 21 Mar 2013 22:57:00 +0000

B.C. launches elder abuse prevention strategy

VICTORIA

British Columbia today launched a strategy outlining short- and long-term measures to prevent, recognize and respond to elder abuse in British Columbia.
"Protecting seniors from all forms of abuse is a priority for myself and for our government," said Minister of State for Seniors Ralph Sultan, "With this collaborative strategy, we hope to bring about a positive change where all British Columbians are involved in protecting seniors from abuse and creating a culture where older adults are respected in every way."
Elder abuse may be physical or sexual, psychological or emotional, or financial. It can be at the hands of a spouse, an adult child or other family member, a caregiver, a service provider, or other person in a position of trust or situation of dependency. Abuse can take place in a senior's home, a care facility and in the community.
Actions outlined in the strategy entitled Together to Reduce Elder Abuse - B.C.'s Strategy include:
• Expanding the Seniors Abuse and Information Line. Longer hours will make it easier for people to get information, advice, emotional support and assistance with respect to elder abuse by calling 604 437-1940 or toll free 1 866-437-1940.
• Providing information kits to help community groups, front-line service providers and individuals recognize elder abuse and encourage individuals to have the confidence to speak out or to ask for assistance.
• Establishing a multi-sector Council to Reduce Elder Abuse, responsible for galvanizing society to commit to taking action to prevent elder abuse.
• The council will be supported by an office, located within the Seniors' Directorate in the Ministry of Health that will also be responsible for co-ordinating implementation of the strategy across government.
• Reviewing processes and staff training for informed consent to care, including moving into a residential care facility and use of restraints, to ensure that the rights of vulnerable adults are protected.
• Supporting training and awareness-building initiatives for health professionals and others to improve their ability to recognize abuse and to take appropriate action.
Areas for work on longer term actions are identified in the strategy and will be prioritized as the initial phases of the strategy are evaluated and renewed.
"Elder abuse is, unfortunately, happening all across Canada," said Martha Jane Lewis, executive director, BC Centre for Elder Advocacy and Support. "Together to Reduce Elder Abuse - B.C.'s Strategy will provide extra supports for those who need help and create a culture change to help make elder abuse a thing of the past."
The total cost committed to specifically supporting the strategy is just under $1 million. This funding includes $850,000 funded through the Provincial Health Services Authority to support the Seniors Abuse and Information Line, $100,000 for information kits and $37,500 to the National Initiative for the Care of the Elderly to support an elder abuse prevalence study.
The B.C. government last year provided $1.4 million to the BC Association of Community Response Networks. This investment provided extra support for prevention and education activities, in collaboration with local stakeholders, to reduce elder abuse and neglect in B.C. There is currently Community Response Network activity in over 70 communities around the province and the number is growing.
"This collaborative strategy supports grassroots efforts to help educate, prevent and ultimately end elder abuse," said Sherry Baker, executive director of the BC Association of Community Response Networks. "The BC Community Response Network applauds the provincial government's commitment to make B.C. communities safer for their most vulnerable."
Developing a strategy to prevent, identify and respond to elder abuse is a commitment in Improving Care for BC Seniors: An Action Plan and also supports B.C.'s 10-year mental health and substance use plan, Healthy Minds, Healthy People. It was also part of B.C.'s Family Agenda and was emphasized in the 2013 throne speech.
Protecting vulnerable seniors from elder abuse is a key component of B.C.'s Family Agenda for British Columbia. To learn more, visit: www.familiesfirstbc.ca
For more information on preventing elder abuse and Together to Reduce Elder Abuse - B.C.'s Strategy, please visit: www.seniorsbc.ca/elderabuse

SOURCE: NewsRoom Gov. BC
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