Caregivers Can Be Notorious for Committing Elder Abuse Indicates Los Angeles Elder Abuse Attorney Steven Peck
Lauren Garner, an Agoura Hills resident, wanted the best for her 83-year-old mother, an invalid who has needed 24-hour care ever since she was injured in a rapid transit train accident many years ago.
"The best" meant helping her mother live independently for as a long as possible. Garner decided if she hired a caregiver to help with shopping, cooking, doctor appointments and other chores, her mother could remain living comfortably by herself. It had been hard enough for the mother, whose name is Lois, to leave her home of 31 years and move into a more manageable condominium in Woodland Hills. Lois moved to the San Fernando Valley condo in 2000.
Garner used a licensed and bonded agency in the San Fernando Valley to find proper support services for her mother. She believed the agency would guarantee that the independent caregivers on its list were trustworthy and safe.
But in a shocking turn of events, the caregivers purportedly became thieves and stole $100,000 worth of jewelry and other valuables stolen from a safe in Lois's condo. The crime is under investigation by the Los Angeles Police Department's Topanga Division. The hidden closet safe was emptied, and even family videos and photographs were stolen.
According to Detective Foster Rains at the Topanga station, it's not uncommon for caretakers to take advantage of their clients.
"It's just the elderly in general," Rains said. "They need care, they need their homes fixed, they (must) rely on somebody and don't know who to turn to,"
And after they become victimized, the elderly residents are too embarrassed to reveal what happened, he said.
Making matters worse, some elderly people battling dementia have difficulty describing their victimization when speaking to county protective services or testifying in court. Family members and friends of the victims will attempt to fill in the gaps for law enforcement and other officials, but the effort is often an uphill battle, Rains said.
"(Elder abuse victims) don't get service unless somebody steps up and speaks for them," Rains said. "Unfortunately, some of these crimes don't go on the radar as serious crimes, like rape and murder."
Marcie Snider, program coordinator for Ventura County Adult Protective Services, said elder abuse cases are on the rise. She said in Ventura County alone, referrals to investigate abuse cases last year rose by 15 percent over 2009.
Caregivers aren't the only culprits. Family members can be, too.
"Sixty to 70 percent of the alleged perpetrators are family members-- children or grandchildren," Snider said.
Some laws are in place to protect the elderly, including a mandate that bank and credit union personnel must call authorities if an elderly person is brought into a financial institution to do business by an apparent stranger, and appears intimidated or scared, or if the senior brings a child or long-lost family member into a bank whom the staff has never heard of before.
State Sen. Fran Pavley (D-Santa Monica) is working to pass Senate Bill 586, which would provide added protection for seniors and increased penalties for people convicted in an elder abuse case.
Liz Sanders, a resident of Woodland Hills whose mother was swindled by her live-in caregiver, supports Pavley's bill.
Sander's mother, Bette Isenberg, was left in financial ruin after her caregivers used her bank signature stamp to drain her account of $750,000 and to access her life insurance fund.
Banks issue signature stamps to elderly or disabled adults who are unable to physically visit a banking branch. The woman charged with Isenberg's care added her name to the patient's Neiman Marcus and Saks Fifth Avenue accounts by faxing to the department stores a letter that included an Isenberg signature stamp, Sanders said.
The caregiver proceeded to charge more than $80,000 on dormant accounts. The caregiver, Helen Wofford, was convicted and sentenced to 32 months in prison. Under Pavley's bill, Wofford's sentence would have been doubled.
Senate Bill 586 would create a new framework for the issuance of signature stamps, including a requirement that a bank employee witness and sign all requests for new signature stamps. Customers must also be told about the risks associated with the stamps.
"As our senior population continues to grow, we need to do all we can to protect these citizens from financial and physical abuse," Pavley said. "Currently the law is silent in the area of signature stamps. This bill is a first step toward protecting seniors and disabled adults from signature stamp fraud."
The bill, which is sponsored by AARP and the California Senior Legislature, was approved by the Banking and Financial Institutions Committee and is now being considered in the Senate Public Safety Committee.
Pavley admits her bill is just the first step in providing added protections for the elderly. She would like to have included an overdraft protection in the bill and require that account signature stamps carry a dollar cap on withdrawals.
"It is important to note that signature stamps are an essential tool for both the senior and disabled community. However, it is important that there be a baseline protection and record in place for those in our society who rely on signature stamps to retain their independence," Pavley said.
While Sanders says she's thrilled with Pavley's move to protect senior citizens from abuse, the bill would not have spared Garner's mother from becoming a victim.
Garner recommended that family members insist that valuables not be stored in the house where caregivers come and go.
"Do background checks. . . . Take a video of the house and all the valuables, including jewelry and artwork."
