California Elder Law Attorney Blog

In uncertain times, abuse perpetrated against one of the country's most vulnerable populations is on the rise and often flies under the radar.

The problem is elder abuse. Broadly defined, elder abuse is victimization of people over the age of 65. It takes many forms, and there are no nationwide standards for elder abuse or its reporting, making it a significant problem that is difficult to quantify.

According to the National Center for Elder Abuse, somewhere between 700,000 and 3.5 million cases of elder abuse occur every year. Only one in five of those are reported.

Tuolumne County Deputy District Attorney Eric Hovatter has handled all of the elder abuse cases in the county since 2001. According to Hovatter, there are two main categories of abuse: physical and financial.
"Physical can be punching, or mental abuse or neglect. Lots of different things can morph into physical abuse," Hovatter said. "Financial is theft from someone 65 years old or older."
Financial complaints comprise the majority of cases, Hovatter said, although he believes there is more physical abuse happening that goes unreported.
In Tuolumne County, the number of cases prosecuted from start to finish has fluctuated over the past four years from a high of 20 cases in 2007 to a low of 11 in 2009.
Calaveras County, on the other hand, saw a steady increase from four cases in 2006 to 16 cases in 2009.
Although the number of cases in Tuolumne County seems to be dropping, Hovatter said, the financial climate and national reports suggest to him that there might be more going on than meets the eye.
A main reason, research suggests, that elder abuse remains underreported is that the perpetrators are often caretakers and family members that the elder doesn't want to turn in, either because they care for the abuser or they fear retaliation from that person.
A study completed in March 2009, titled "Broken Trust: Elders, Family and Finances," found that 55 percent of crimes in its study base were committed by family member, friends, neighbors or caregivers.
The study was conducted by the MetLife Mature Market Institute, the National Committee for the Prevention of Elder Abuse and the Center for Gerontology at Virginia Polytechnic Institute. Its definition of "elder" was 60 years old and above.
A 2003 national study that collected data from adult protective services that included both types of elder abuse estimated that 32.6 percent of crimes are committed by adult children and another 21.5 percent by other family members.
Only 11 states contributed to that statistic due to differing reporting standards.
According to Calaveras County Deputy District Attorney Milt Matchak, elders rely on their family and caregivers to the extent that turning them in for financial or physical abuse could seem even more detrimental.
"Many times, by turning in a perpetrator, they're turning in the person that's caring for them," Matchak said. "They think, if I turn in my son, daughter, or caretaker, what's going to happen to me?"
Sometimes, the family member at fault isn't ill-intentioned, said Pat Ross, the community service officer with the Calaveras County Sheriff's Office.
"If they're not trained, it can get frustrating, get difficult," Ross said. "People who don't start out with the intention of taking advantage think, 'I'm entitled to it or I'm going to be getting it anyway.' "
Strangers commit another 21 percent of financial crimes against elders, according to the MetLife study.
This can be in the form of Internet or mail fraud.
"I don't think they're pitching them to elders, but elders could be more susceptible," Hovatter said. "They trust. Also they're the least likely to report. If they confide that they got scammed, it could be the first step to them losing their independence."
The MetLife study estimates that $2.6 billion is stolen from elders every year.
Aging creates conditions that make people more likely to depend on people they shouldn't, Ross said. Grief, sensory impairment, depression, chronic pain or a prolonged illness can rob people of the self-esteem and energy they need to stand up for themselves.
The elderly report approximately half of the time. Otherwise, it's up to mandatory reporters and concerned citizens.
California state law requires people employed in the financial, health or elder care industries to report crimes against elders. Other mandatory reporters include law enforcement and clergy.
If a mandatory reporter does not report an elder crime, that person can be punished with six months in jail or fined $1,000. If the abuse results in death or great bodily injury, the fine could go as high as $5,000.
Tuolumne County Department of Social Services and the Calaveras Human Services Agency, as well as local law enforcement, handle elder abuse reports.
According to Lynn Nolte, program manager for the Tuolumne County department, the office receives about 25 to 40 calls a month.
"We triage those referrals and assign them to a social worker, either for an immediate or 10-day response based on the level of abuse," Nolte said.
For a social worker to respond, there must be a safety issue, Nolte said. Only 40 to 50 percent of the calls meet the requirements.
The current fiscal climate may also be working against elders. Not only does it make them more attractive targets for abusers, it saps protective agencies of funds needed to ensure seniors stay safe.
"The budget right now is extremely difficult," Nolte said. "We rely on other agencies. We work with faith-based community services and partner with a number of other agencies in the community. Of course their funding is shrinking as well."
There is no funding improvement in sight.
According to the proposed 2010-11 California budget, the governor plans to cut $4.2 billion from the California Department of Social Services. On top of that, if the state doesn't get a proposed $6.9 billion from the federal government, an additional $1.9 billion will be cut from the department.
That would likely result in the elimination of the In-Home Supportive Services program, which provides funding to county agencies that check in on elders.
"Current funding historically has never been enough for Adult Protective Services," Nolte said. "It's very difficult to stay within the budget because you can't not see people. You have to see them, and often times at the end of the year we're looking at not having enough funding because we need to serve our community. It's our responsibility and obligation to serve our community."