June 29, 2009

By Thomas Gallivan

June 29, 2009

The families of elder abuse victims are using social networking sites, Facebook, Twitter and Myspace, to gain support for reform in long-term care facilities. The group, which was founded by family member’s personally affected by alleged abuse in a Minnesota nursing home, can be found by conducting a search for “Families Against Nursing Home Abuse” on any of these sites.

The group members describe themselves as being “committed to providing information and resources for the continuum of long-term care — from successful aging, to aging in the home, to assisted living, to hospice care, as well as nursing home care.”

Those interested in becoming members of the group can join online, or call Jan Reshetar at 402-4749 or Myrna Sorensen at 383-6963.

Kiwanians hear about elder exploitation

6/25/09

The program for the weekly Kiwanis luncheon on Tuesday, June 23, was presented by Glenda F. Swearingen, an attorney from Marianna. Swearingen’s practice focuses on elder law, and her topic Tuesday was elder exploitation in Florida.

According to Swearingen, “exploitation” is when a person in a position of trust and confidence by deception or intimidation obtains, uses, or attempts to obtain or use a vulnerable adult’s funds, assets, or property with the intent to temporarily or permanently deprive a vulnerable adult of the use, benefit or possession of the funds, assets or property for the benefit of someone other than the vulnerable adult.

Common types of elder exploitation are: identity theft, imposter fraud, mail fraud-solicitation, moving scams, investment scams, long distance calling scams, home repair fraud, charities fraud, telemarketing fraud, and water softener scams.

Sadly, the most common exploiters of the elderly are children, with other relatives or friends also common. Least likely are the siblings of the elder person.

A test for these scams is, IF IT SOUNDS TOO GOOD TO BE TRUE, IT IS!

If you know of or suspect exploitation of a vulnerable adult, Florida law requires everyone to report the problem to Adult Protective Services immediately. The Florida Abuse Hotline is 1-800-96-ABUSE. The Florida Elder Help Line is 1-800-963-5337. The Florida Domestic Violence Hotline is 1-800-500-1119.

More elder abuse cases

Most common are physical abuse and neglect; financial abuse also on the rise

By Mavis Toh

June 7, 2009

Madam G.H. Teo has four children but wishes she had none.

The 79-year-old widow, who used to work as a seamstress, lives in a one-room flat in the Outram area and survives on the little that is left of her savings.

In May last year, she found her 48-year-old drug addict son milking her savings from a joint account. When confronted, he threw a stool at her.

He still comes back to ask for money, but her other children have not visited her in two years.

Madam Teo is a victim of neglect, and physical and financial abuse.

Help groups for the elderly worry that with the recession, such elder abuse cases will rise.

In a downturn, struggling couples with young children might neglect the needs of elderly family members, including medical and basic needs.

Ms Helen Ko, executive director of the Centre For Seniors, said: ‘When people are under pressure and financially strapped, there is a higher chance they will neglect the elderly.’

Mr Wong Lit Shoon, chief executive of the Singapore Action Group of Elders Counselling Centre, said calls to the centre were down by about 1,000 last year, compared to the more than 7,000 calls it received in 2007.

Callers request medical aid as well as report abuse.

By Mike Sever

Record-Courier staff writer

It’s the same old see-saw — as the local economy sinks, reports of elder fraud and abuse are on the rise, officials say.

The number of elder abuse cases opened last year was 60 percent higher than in 2007, according to Cathi Rufener, family assessment supervisor for the Portage County Department of Job and Family Services. And, in the first quarter of this year, the department opened upwards of 70 cases.

A total of 210 cases of elder abuse were opened last year compared to 127 in 2007, Rufener said. How high the case load goes this year “probably depends on how the economy goes, how hot it gets this summer and how cold it gets this winter,” she said.

The department is working closely with the Portage County Sheriff’s Office, which has two investigators working with Adult Protective Services.

The close collaboration is important, Sheriff David Doak said. Caseworkers and investigators will respond together in serious cases.

“They are able to pick up those cases and run with them from start to finish,” he said. “If there is an in-house perpetrator we need to get on it right away.”

By ALEX DOTY
Sentinel-Standard writer

June 29, 2009

With baby boomers aging and more of the population entering their golden years, local lawmakers are doing their part to ensure that senior citizens don’t end up being victimized by those preying on the elderly community.

Rep. Mike Huckleberry, D-Greenville, called elder abuse a concern for residents of Michigan.

“(Elder abuse) often gets swept under the rug here in Michigan,” Rep. Mike Huckleberry, D-Greenville, said during the unveiling of the plan Monday afternoon.

Under a new plan backed by Huckleberry and recently introduced into the state legislature, there would be increased penalties for cheating or defrauding seniors, citizens would be empowered to file criminal complaints against those who scam seniors and they would require financial institutions to do more to disclose the rights of seniors and disclose against fraud.

“The penalties and protections on the books when it comes to elder abuse are not strict enough,” Rep. Mary Valentine, D-Norton Shores, said.

Valentine, who was in Ionia along with Huckleberry to announce the plan, knows all too well the affects of elder abuse on its victims and families.

“This is a topic that is near and dear to my heart,” she said, adding at one time her uncle had fallen victim to financial abuse.

In especially hard economic times, Valentine also said financial elder abuse can hit close to home, especially when some family members might prey on unsuspecting seniors as a means for financial well-being.

In addition to providing protection against fraud and scams against senior citizens, the plan would also create a special community alert in the event of a senior going missing.

Called the Mozelle Alert, it would be a way to notify the public in case a senior citizen goes missing.

It was named after Detroit resident Estella Mozelle Pierce who died after wandering from her home, would be similar to an Amber Alert.

Additionally, with many at the state level doing what it takes to improve the economy by releasing certain offenders from prison, legislators don’t see the elder abuse crackdown as something that will put people back in jail.

“This is stopping people from going to jail,” Huckleberry said, adding the plan would be a deterrent aimed at preventing abuse.

He also called the jail space well deserved for those who do happen to be abusing senior citizens.

“If someone is abusing a senior, they belong in jail,” Huckleberry said.

According to Huckleberry, now that the legislation has been introduced, it is anticipated that it will be further hammered out in various committees before any future legislative action is taken.

“I think we have a good chance of this going through,” he said.

Rep. Brian Calley, R-Portland, said although he hasn’t had the chance to look over the proposal, he believes with people living longer these topics deserve a more thorough look in order to better protect senior citizens.

SOURCE: Sentinel-Standard – Ionia,MI,USA

by LaNia Coleman

The Bay City Times

June 25, 2009

Authorities claim an 84-year-old woman had to have her foot amputated because her 54-year-old son neglected her.

District Judge Stephen P. Carras has arraigned Jonathan P. Nelson of Midland on one count of first-degree abuse of a vulnerable adult.

The victim was taken to the emergency room at MidMichigan Medical Center – Midland on May 12 where staff reported she had a fractured ankle, open wounds on one foot and dried feces on various parts of her body, earlier reports indicated.

Nelson remained jailed on $250,000 cash bond. He is awaiting a Wednesday, July 1, preliminary hearing.

At that time, a judge will decide whether sufficient evidence exists for Nelson to face charges in Circuit Court.

First-degree elder abuse is a felony that carries a maximum 15-year prison sentence.

Nelson is 16 months in to a five-year probation sentence for domestic violence, third offense, and attempted resisting and obstructing a police officer, state Department of Corrections records show.

He pleaded no contest to the charges in Midland County.

Promoting bill to combat elder abuse

Last year, over 16,000 adults were abused, and it’s estimated that 73,000 adult abuse cases go unreported every year.

June 29, 2009

UP legislators are in Marquette Monday promoting a bill that would combat elder neglect, emotional, and physical abuse.

The bill would also focus on financial exploitation of the elderly.

It proposes tougher punishment for those committing offenses.

The legislators conducted an informal meeting at the Senior Center in Marquette today. Unfortunately, nobody attended the meeting, but with a 40 percent increase in elder abuse in Michigan, lawmakers say the issue is extremely important, and the the bill needs to be passed.

“Sometimes the people that gain these peoples trust are than taking their money, they abuse them in someway, and we just want to make sure that doesn’t happen,” says State Representative, Steve Lindberg.

SOURCE: WLUC TV6 – Marquette,Michigan,USA

Vista Jury Awards a Groundbreaking Verdict in Elder Abuse/Neglect Case

Download this press release as an Adobe PDF document.

A Vista jury unanimously awarded plaintiff Elaine Stinson nearly $1.34 million for the reckless abuse and neglect she suffered at the hands of her care providers at Leisure Palms, a Fallbrook licensed residential care facility for the elderly. (Case No. 37-2008-00050484-CU-PO-NC, Stinson v. Leisure Palms, et al.)

June 29, 2009

In a groundbreaking elder abuse/neglect case, a Vista jury unanimously awarded plaintiff Elaine Stinson nearly $1.34 million for the reckless abuse and neglect she suffered at the hands of her care providers at Leisure Palms, a Fallbrook licensed residential care facility for the elderly. The verdict was decided today, June 15, 2009.

The jury awarded $88,000 for past medical bills, $500,000 in general damages, and $750,000 in punitive damages. In addition, plaintiff’s attorneys will file a post-judgment motion for attorneys, expert fees, and costs, likely adding another $400,000 or more to the judgment.

“This is the first of its kind in a case that gets at reckless neglect in a residential care facility for the elderly,” according to Prescott Cole, senior staff attorney of California Advocates for Nursing Home Reform, a statewide nonprofit advocacy organization dedicated to improving the choices, care and quality of life for California’s long term care consumers. “This case defined what reckless neglect is and the verdict shines a bright light on it. The 3.8 million seniors in California and 38 million Californians overall are all rich winners today; and we have Mrs. Stinson and her attorneys to thank for being courageous enough to go all the way to clarify the law. They moved the bar way up, made a statement that these kinds of things can go to trial, the jury gets it, understands how bad it is, and the defense can’t hide under the assumption that clients can be browbeaten, intimidated by the system, and will give up before achieving justice. As an advocate, this is thrilling.”