California Elder Law Attorney Blog

The Healthcare Reform Bill has made its way out of the Senate Finance Committee. While there has been much debate about this bill, most Americans simply don't know that the bill contains a provision that will protect older Americans from violence, abuse and neglect - it's called the Elder Justice Act (EJA).

Older Americans like New York socialite Brooke Astor (whose son was just convicted of stealing tens of millions of dollars from his aging and now deceased mother of 105 years), along with millions of others all over the country, share one thing in common; they are victims of a hidden yet growing crisis in America: elder abuse.

Elder abuse refers to intentional or neglectful acts by a caregiver or "trusted" individual that lead to, or may lead to, harm of an elder. In almost 90% of the elder abuse and neglect incidents with a known perpetrator, the perpetrator is a family member, and two-thirds of the perpetrators are adult children or spouses. And, it is estimated that for every one case of elder abuse, neglect, exploitation, or self-neglect reported to authorities, at least five more go unreported.

Financial exploitation is one aspect of elder abuse. Financial elder abuse has been characterized by some experts as "the crime of the 21st century." Every year elder financial abuse robs older Americans -- along with those who would inherit the wealth -- of at least $2.6. billion. Every year medical care and services for elder abuse victims costs America more than $13 million. And with the graying of America, every year, these figures will undoubtedly grow.

Whether it's losing a few precious dollars for everyday living or an entire life savings, one thing is documented - a victim of any kind of elder financial abuse is never the same after the abuse occurs.

Sadly, stories like this are common in nearly every zip code in America. According to the best available estimates, up to five million Americans aged 65 or older have been injured, exploited or otherwise mistreated, largely by someone on whom they depended for care or protection.

The EJA will do more than protect our parents and grandparents from financial or material exploitation - it will also protect them from physical, sexual, emotional, psychological abuse, as well as abandonment, neglect, and self-neglect. Currently, there are federal laws governing domestic violence and child abuse, but none related to elder abuse. The Act has been under consideration by Congress for years, but never as close to passage as it is now. The Act would finally provide the increased federal resources and leadership to prevent, detect, treat, understand, intervene in and, where appropriate, prosecute elder abuse.

If passed, the EJA will be the first time our country has made a national statement about the right of older Americans to be free from abuse, neglect and exploitation. The EJA will also provide federal resources that would help prevent elder abuse -- protecting both the older Americans of today, and laying the foundation for the future for all of us, who are assured of at least one thing in our life-- aging.