California Elder Law Attorney Blog

A recent Congressional hearing and the poignant testimony of an unexpected victim -- Mickey Rooney -- have helped focus new attention on the abuse and exploitation of old people. Congress should seize the moment to help repair their threadbare web of protection.

The hearing of the Senate Special Committee on Aging, as well as several recent studies, make clear that elder abuse is a growing problem that far outmatches the resources available to fight it.

One national study estimated that in the last year 14 percent of older adults had been neglected, abused or exploited. The numbers could be far higher since the sample did not include people living in institutions or those with significant mental impairments. A 2009 study on financial exploitation estimated that elderly victims lost at least $2.6 billion a year to fraud and abuse.

The loss of power and the isolation that come with age and infirmity make elders particularly vulnerable to abuse from unscrupulous caregivers but also, chillingly, from unscrupulous family members. "I felt trapped, scared, used and frustrated," Mr. Rooney told the committee, saying he had been defrauded by "someone close." "But, above all, I felt helpless."

The cost, on top of the human suffering, is immense: in stolen and squandered savings; the strain on the court system from abusive guardianships; the cost to Medicare and Medicaid from fraud; and from the care of fleeced victims who end up destitute in nursing homes.

The solutions begin with filling the gaps in data collection and services. The Government Accountability Office found that in 25 of 39 states surveyed, financing for adult protective services had fallen or flat-lined in the last five years. Case workers are poorly trained and overwhelmed. The study also found that federal programs to fight abuse are scattered ineffectively across the Department of Health and Human Services. The report urged the department to create a resource center to collect and share abuse data among the states.

Only with coordinated efforts -- like those urged by the offices and agencies created years ago to advocate for children and victims of domestic violence -- will real progress be made. The committee's chairman, Senator Herb Kohl of Wisconsin, is sponsoring a bill to create an office of elder justice, in the Justice Department, to tighten reporting standards and definitions of elder abuse and to help states investigate cases and impose stricter protections for victims. Congress should pass it.

Continue reading "Do Not Exploit Elders Says California Elder Abuse Attorney Steven Peck" »

Plaintiff conservator won a $99,900 compensatory jury verdict against certain defendants, but only one defendant was found liable under the elder abuse statute containing a mandatory fee shifting provision against unsuccessful defendants. (Welf. & Inst. Code, § 15657.5(a).) Later, the trial court ordered the same defendant liable for elder abuse to pay attorney's fees of $320,748.25. Defendant appealed the fee award.

It was affirmed in Conservatorship of the Estate of Ida McQueen, Case No A126825 (1st Dist., Div. 4 Jan. 14, 2011) (certified for partial publication on other issues, fee discussion not published).

Entitlement was not an issue, once the appellate court rebuffed merit challenges to the elder abuse verdict. Appealing defendant argued that much of the time spent by the fee requesting attorneys was expended on other defendants and other causes of action.

Allocation or apportionment, however, is a matter for a trial court's discretion, especially where a common core of facts or legal theories are involved--as it was in the instant case. (Thompson Pacific Construction, Inc. v. City of Sunnyvale, 155 Cal.App.4th 525, 555 (2007); Drouin v. Fleetwood Enterprises, 163 Cal.App.3d 486, 493 (1985).) The lower court did not err in refusing to allocate given that the various claims were "factually intertwined," making it impracticable to separate the conjoined activities into compensable or noncompensable time units. (Fed-Mart Corp. v. Pell Enterprises, Inc., 111 Cal.App.3d 215, 227 (1980).)

Continue reading "Allocation of Attorneys Fees: None Necessary In Financial Elder Abuse Case Where Issues Were Intertwined" »

Elder Abuse in the State of California can be defined as mistreatment or the neglect of an elder (aged 65 years or older, or dependent adult (between the ages of 18 and 64 with physical or mental limitations) living either within a home or an institution.

Common types of abuse are physical abuse (causing pain or injury), psychological (causing mental anguish), sexual (assault or rape), financial (using property or money without consent), abandonment, neglect (lack of reasonable care), abduction (taking the elder out of the state without consent), isolation (purposely preventing communication and contact) and self-neglect (an elder refusing to care for himself or herself to the point of harm).
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I was encouraged when I read recently that in February 2001, Senate Bill 333, Chapter 301, authorized all counties in the state of California to establish elder death review According to statistics from 2000, the U.S. Census Bureau estimated that there were more than 34 million adults age 65 and older living in the United States. Of that, an estimated 3.5 million older adults live in California. (And that was 10 years ago.)

It follows that as the population of older adults continues to grow, so does the problem of elder abuse and neglect says California Elder Abuse Attorney Steven C. Peck.

Elder abuse is one of the fastest growing crimes in the United States. Over two million older Americans are the victims of abuse or neglect every year. The problem is compounded by the concern that elder abuse is grossly underreported. It is estimated that for each reported case of elder abuse as many as five other cases are not reported. Cases of elder abuse resulting in death are also under-recognized and underreported.

Think about this: By the time these cases are brought to light and the victims come to testify in court proceedings on their own behalf, they are often confused, mentally or physically impaired, or incompetent and therefore less able to understand, let alone report, any criminal conduct.

The death of an older person is such a natural occurrence that it is altogether too easy to overlook, discount or rationalize away abuse as its root cause. With inquiry into the causality of suspicious deaths of older personas, there can be accountability and opportunity to prevent other such deaths.

Become aware of what's going on around you. Is your neighbor, friend or family member, who may now require the services of others in order to remain in her home, suddenly showing signs of being uncomfortable with her caregiver? Is her caregiver keeping her isolated from her friends and family? Does she show any signs of abuse? Is she beginning to experience suspicious falls or injuries? Is she under a doctor's care?

How about the caregiver? Is she competent, gentle or does she appear to be under the influence of alcohol or drugs? Does she have behavioral problems?

This story is all about becoming good reporters; observing the elderly around you; being alert and caring. It would be criminal, knowing the statistics that we now know, to sit idly by and do nothing. Please know that there is no identification of the person who reports a crime. Everything is completely confidential.

Continue reading "Elder Abuse Is the Mistreatment Or Neglect of an Elder or Dependent Adult" »

More than 7.3 million older Americans -- one out of every five citizens over the age of 65 -- have been victimized by a financial swindle. Elder abuse is found in all socioeconomic and ethnic populations and as more baby boomers age, the problem is getting worse. It is everyone's moral responsibility to care about these at-risk residents.

What is elder abuse and neglect?

Elder abuse, as defined by the National Center on Elder Abuse, refers to intentional or neglectful acts by a caregiver or "trusted" individual that lead to, or may lead to, harm of a vulnerable elder. Physical abuse, neglect, emotional or psychological abuse, verbal abuse and threats, financial abuse and exploitation, sexual abuse, and abandonment are considered forms of elder abuse.

One single indicator may not necessarily point to abuse but again, according to the NCEA, any of the following may be warning signs of a problem:

-- Bruises, pressure marks, broken bones, abrasions and burns may indicate physical abuse, neglect or mistreatment.

-- Unexplained withdrawal from normal activities, a sudden change in alertness and unusual depression may indicate emotional abuse.

-- Bruises around the breasts or genital area can occur from sexual abuse.

-- Sudden changes in financial situations may be the result of exploitation.

-- Bedsores, unattended medical needs, poor hygiene and unusual weight loss are signs of possible neglect.

-- Behavior such as belittling, threats and other uses of power and control by spouses may indicate verbal or emotional abuse.

-- Strained or tense relationships and frequent arguments between the caregiver and elderly person are also signs.

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Continue reading "Financial Elder Abuse: The Ultimate Elder Swindle" »

15 Red Flags of Fiduciary Abuse, Exploitation, Neglect, and Misappropriation
1. Protected person has no relatives or active friendships
2. Large estates
3. Late or no accountings filed
4. Multiple ATM transactions
5. Health or personal problems of the fiduciary
6. Use of several attorneys by the fiduciary
7. Attorneys representing the fiduciary withdrawing from the fiduciary's cases
8. Singular control of information by the fiduciary
9. No automated record keeping by the fiduciary
10. Financial difficulty of the fiduciary (tax liens, judgments, bankruptcy, divorce)
11. Revocation or failure to renew fiduciary bonds
12. Large expenditures in the accounting not appropriate to the client's setting
13. The fiduciary has minimal experience
14. Pattern of letters and verbal complaints against the fiduciary
15. Lack of oversight on the case by Counsel assigned or Court staff

Continue reading "15 Red Flags Constituting Fiduciary Abuse of the Elderly" »

According to the National Center on Elder Abuse (NCEA), "elder abuse" is a term referring to any knowing, intentional or negligent act by a caregiver or any other person that causes harm or a serious risk of harm to a vulnerable adult.

The victims of elder abuse come from all walks of life, but they share the common characteristic of being over the age of 60 and in some states over the age of 65 says California Elder Abuse Attorney Steven C. Peck.

Abusive actions result in physical, emotional, sexual or financial harm to the victim and can be the result of neglect or abandonment. The key factor is the infliction of pain, injury or the deprivation of a basic need.

While many think of elder abuse as resulting from the actions of others, a recent report by the Clearinghouse on Abuse and Neglect of the Elderly (CANE) finds that the most common type of elder mistreatment reported to adult protective services nation-wide is the result of self-neglect.

In situations of self-neglect, addressing the problem is often difficult because self-neglectors refuse services or resist interventions which will likely remedy or resolve the problem.

There are several risk factors for elder abuse to watch for, according to the University of Washington Division of Gerontology and Geriatric Medicine. These include characteristics of the abused person, living situations and characteristics of the abuser.

Usually, the mistreated elder suffers from poor health accompanied by functional impairment, cognitive impairment and social isolation. Elder abuse generally occurs in a shared-living arrangement where there may be some form of external stress, and it frequently involves strained financial situations.

The abuser may have a history of substance abuse or mental illness, may be dependant on the victim in some way and often has a history of violence.

Elders can take steps to protect themselves from elder abuse, and more importantly, they should take steps to maintain their health. Professional help should be sought in the event of addiction, alcoholism or depression.

Support services should be utilized if domestic violence is present. Seniors should plan for their own financial and health care future. Whenever finances are involved, seek independent advice from a trusted, knowledgeable and unbiased source before making a decision. Stay active in the community, and do not become isolated. Finally, know that you have the right to express your preferences and concerns.

Protection of others from abuse involves knowing the warning signs. Elders and others should keep a watchful eye on their loved ones, friends and neighbors and should be unafraid to voice their concerns. While elder abuse is a serious problem, government and private organizations and Elders themselves are taking an active role in its detection, prevention and elimination.

The warning signs of elder abuse are: (1). Signs of physical injury or unexplained marks. (2). Signs of restraint. (3). Signs of neglect such as bedsores, soiled clothing, malnutrition, dehydration or unexplained weight loss. (4). Injuries to the genitals or breasts. (5). Frequent arguments between an elder and a caregiver or other person in a close relationship with the elder. (6). Sudden changes in an elder's living arrangements. (7). Repeat or unreasonable violations of an elder's privacy by another person. (8). Changes in behavior, particularly if they involve withdrawal, anxiety, agitation or depression. (9). Sudden financial changes, unusual bank activity, unpaid bills or a discrepancy between means and standard of living and (10). An elder expressing that he or she is being abused or exploited.

Continue reading "Elder Abuse Is The Intentional Or Reckless Acts That Cause Harm To Vulnerable Adults" »

Definitions of what constitutes as Elder Abuse are also diverse: some sources define elder abuse as only physical abuse, while other sources include emotional abuse, sexual abuse and financial abuse. Accurate numbers are also extremely difficult to compile since many incidents of abuse go unreported. Many elderly are afraid or ashamed to report incidents of abuse, especially if the perpetrator is a family member. Seniors at times are emotionally or physically abused by a familiar person, and are often unable to recognize it as abuse or rationalize it says California Elder Abuse Attorney Steven C. Peck.

What can be done to eliminate incidences of elder abuse? Society should shoulder the responsibility to protect the elderly, but it begins with the family of the senior. Many of the children and other relatives of the elderly feel that once they have a care giver to care for the elderly their work is done. Far from it, they need to remain vigilant in directing and overseeing that good care is in fact what is provided.

When visiting an elder loved one, you should be alert to the warning signs of abuse:

Emotional or Psychological Abuse:

Are there insults or threats directed at the elder? Are they living in social isolation? The elder may be extremely upset, withdrawn, unresponsive, or exhibiting other unusual behavior. He or she may have a vacant look in their eyes or exhibit fear; they may not always express those verbally, so look for signs in their face or behavior.

Physical and Sexual Abuse:

Look for suspicious bruises or other injuries. Look for signs of restraints, such as a rope burns. See if he or she shows sudden changes of behavior, such as unexplained anger, fear, withdrawal, or has become very quiet. Note if a worker or caregiver refuses to let you visit the elder, making all kind of excuses.

Neglect:
Look for signs of malnutrition, if there is noticeable weight loss, dehydration, bed sores, or if personal hygiene is noticeable neglected. Note if the elder is sitting in soiled clothing, unshaven, unkempt, without dentures, or with long or dirty nails, are they walking around at midday still wearing pajamas? Listen to complaints from the senior as to whether or not their aide is listening to them or following their wishes and follow up on them.

Financial Abuse:

Keep an eye out for unexplained bank withdrawals, unauthorized use of bank and credit cards, reports of stolen or missing checkbooks and bank cards, or if your parent or elder writes checks as a loan or gift to the aide. Be on the lookout for valuables suddenly disappearing. Monitor any sudden changes in the will or banking documents, and be alert if assets are suddenly transferred to a family member or to someone outside the family.

Continue reading "What Constitutes Elder Abuse and Neglect" »

One out of five Americans over the age of 65 has been the victim of a financial scam, according to a survey by a nonprofit organization.

More than 7.3 million senior citizens have been taken advantage of financially through inappropriate investments, high fees or fraud, said the survey, which was released today by the Washington-based Investor Protection Trust.

"We now know that a shockingly large number of older Americans are already victims of financial swindles and millions more are in danger of being exploited in such a fashion," Don Blandin, chief executive officer and president of Investor Protection Trust, which promotes investor education, said in a statement.

Forty percent of children who have parents age 65 and older said they are "very" or "somewhat" worried that their parents have already become or will become less able to handle their personal finances over time.

Most American households at or near retirement "are consumed by fear," said Anthony Webb, associate director of research at Boston College's Center for Retirement Research. The average 401(k) account balance as of March 31 was $66,900, according to Boston-based Fidelity Investments, which has 11 million participants. The average monthly Social Security benefit as of April was $1,067.

Almost 40 percent of survey respondents age 65 and over said they've received phone calls or mailers asking for money compared with 19 percent of adult children who said they believe their parents are being pitched what the survey called schemes.

Basic Investment Knowledge

About 45 percent of respondents age 65 and over got at least two out of four questions wrong about basic investment knowledge -- they said that an investment registered with the Securities and Exchange Commission or state securities regulators means it's been reviewed to make sure it's safe and that a very high rate of return is only okay as long as the investment is guaranteed or bonded.

"It is imperative that a serious national campaign be launched to end rampant elder financial exploitation and to protect and help vulnerable older victims," Kathleen Quinn, executive director of the National Adult Protective Services Association, a national nonprofit, based in Springfield, Illinois, said in a statement.

The survey was conducted in May among a sample of 2,022 adults age 18 and over by Infogroup Inc., a provider of market research based in Omaha, Nebraska. The group included 706 adult children with at least one parent age 65 and older and 590 adults who are age 65 and older.

To contact the reporter on this story: Alexis Leondis in New York aleondis@bloomberg.net.

To contact the editor responsible for this story: Rick Levinson at rlevinson2@bloomberg.net.

Elder abuse takes many forms -- physical, emotional, financial and neglect -- but seniors might not recognize abuse or be reluctant to talk about being hurt by people they trust.

"Elder abuse is basically taking advantage of an older adult or putting them at risk," says California Elder Abuse Attorney Steven C. Peck. Depending on the type of abuse, there are a number of red flags.

"It can be injuries, bruising, missing teeth, broken false teeth or problems with hearing aids or glasses -- that could be the result of physical abuse," "Emotional abuse is much more subtle. You may see people who used to be out and vibrant in the community no longer going out and being engaged with friends or no longer carrying on long conversations on the phone because they're living with extended family and they're not free to have those conversations."

There could be a sign of financial abuse if a person suddenly discontinues eating out with friends. That could be related to the economy and people's retirement incomes, but it can also signal that a vulnerable senior's assets have been seized by adult children -- sometimes to support their addictions.

"We've heard some real horror stories about large amounts of money that people have grabbed from parents," states California Financial Elder Abuse Attorney Steven C. Peck.

"There are lots of people who are victims of abuse in one way or another and they may not know it is abuse or they may not know how to deal with it," Peck says.

Estimates suggest only one in 10 cases of older adult abuse is officially reported. Many seniors are women who lived in a household where they might have had little responsibility for family finances, yet in their later years they end up dealing with money matters since they tend to outlive men.

"It's important they learn how to deal with these issues," Peck says. "There are some things that you can do to protect yourself and there are things you can do if you are a victim of abuse."

Continue reading "Elder Abuse Can Take Many Different Forms" »

Elder Abuse is a growing social concern, but it's not new. Too many older adults have suffered abuse and neglect at the hands of family members and caregivers for too many years.

What is new is that there is a growing awareness and concern about elder abuse, putting a new face to this type of family violence.

Victims of elder abuse know and trust their abuser. Most victims of elder abuse depend on the people who hurt them, sometimes for food, shelter, personal care or companionship.

Too often the abuse and neglect of older adults is not readily identified by service providers and community members.

Some of the signs and symptoms of elder abuse can include depression, fear, anxiety or passivity, unexplained physical injuries, dehydration or lack of food, poor hygiene, urine sores or bed sores, over-sedation.

Many older adults may believe that abuse by a relative is a "family problem" and are ashamed to disclose that a family member is abusive. Noone is immune to elder abuse.

The majority of abused older adults are in their 60s and 70s. Women are typically more vulnerable to abuse and experience more forms of abuse.

Most victims of elder abuse are mentally competent and able to make decisions for themselves. However, loneliness and isolation make some seniors more susceptible to scams.

Continue reading "Elder Abuse Is a Growing National Social Concern" »

What is Fiduciary Abuse:
This is a situation by which an individual who is legally responsible for managing another persons assets uses his or her power to benefit financially in an unethical or illegal manner. Fiduciary abuse can be done by anyone such as a financial advisor, power of attorney, or family member.

A Growing Problem:
Many times the elderly have a difficult time managing their money, and so they are dependent on others for help. This is when that unscrupulous individuals step in and make attempts to obtain monies from property, land, goods and bank accounts.

Who are the Usual Abusers:

Personal Caretaker:
A surprisingly large number of cases of financial abuse occur between an older person and their caretaker. This can include guardian or family members who start out doing the right thing, but are in a strong position only to commit financial abuse because of the temptation. One way this happens is by gaining the confidence of the victim slowly the guardian of the person begins to take control of the victims possessions. Another way is through the use coercion. This is when an individual is forced to sign over land, property or access to bank accounts because of threat or feeling intimidated. Guardians can also manipulate the "authority" and the layout of the will.

Family member:
Another way this occurs is when a loved one is being cared for by a family member who takes advantage of the situation. This can happen several ways. One, the elder person is placed in a long term care facility and the family member continues to take the SSI check and spend it for their own bills. The SSI money is suppose to be spent of the care of the elder person not on the caretakers bills. Two, the caretaker charges the elder for there care and is also being paid by in-home support services. This also falls under fraud and should be reported to Medi-cal/Medicaide.

Long Term Care Facilities:
Many people are concerned about the quality of care for their relatives in nursing homes. They often forget to keep a watchful eye on the monetary portion of their loved ones care. The family must always make sure the charges for the level of care are correct. If the products and services account shows what you believe has not been provided then it is important for the family to discuss this with the Business Office Manager first then with the Administrator.

Deceivers:
Deceivers come in many shapes and sizes and from all over the world. The elderly have a higher probability of being scammed because of the constant evolution of technology and the potential diminished mental capacity. Phone scams often target older people who the scammers think they can manipulate and at times scare them .

One indicator may be an increased number if checks being used or excessive amounts of money being sent to an unknown person or entity. Always follow up with your loved ones in these financial decisions and keep a watchful eye on their finances when possible.

What Can Be Done:
If there is suspected financial abuse there are several things that can be done to stop it, protect your loved one and to prevent it from happening to others.

First, report it. It must be reported to the local authorities. Many of the law enforcement agencies these days have special units dedicated to fiduciary abuse. If they don't still request an officer to come out and take a report. You will need the report number when contacting the bank. Also, report it to APS (Adult Protective Services).

Second, assist the victim in contacting the bank. The bank will guide you through the process. Often the account is frozen or closed and moved to an new account. This will also help the victim recover some of the monies in some cases.

If the elder person is in a long term care facility report the situation to the Ombudsman, State Licensing and APS. Also, make sure the facility is aware. They must conduct their own investigation and follow-up. Often times the facility is the first to become aware of the situation and will take the initiative in starting the investigation and reporting it to the agencies.

One main thing to remember is to document everything you can. The documentation of all the agencies that have been contacted with the person's name you spoke to, the date and time are extremely crucial. It may help prevent the investigation from falling through the cracks.

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Continue reading "What Is Considered Fiduciary Elder Abuse?" »

What is financial abuse?
financial abuse is a different kind of abuse that the individual applies to the illegal diversion, theft or misappropriation of funds or property of the old one.

Often the elderly have a difficult time managing their resources, and so dependent on others for help. It 'at this time that unscrupulous individuals make attempts to obtain from in property, land, goods and money lawDeception, intimidation, etc.

Who could provide financial abuse of your loved ones?
To determine if your loved one is being abused financially, we must first clarify who could potentially lead to abuse. Violators were removed by family members near continents scammers reach.

Personal Concierge
A surprisingly large number of cases of financial abuse occur between an older person and their personal concierge., Often relatives or guardian family members are in a strong position only to commit financial abuse.

With the confidence of the victim in his hand, slowly possessions guardian of the person to steal home. You can also use coercion for individuals older to sign over land, property or access to bank accounts. Guardians can also manipulate the "authority" and the layout of the will.

A personal concierge can be abusiveserious problem, because it seems that the insiders of all issues in connection with your loved ones.

structured services (eg nursing homes)
Many people are concerned about the quality of care for their relatives in nursing homes (so should be maintained). However, one thing to do, some people forget to keep a watchful eye on how the nursing home fees and assume all of the finances of the elderly.

Always make sure the level of costs for comparisonLevel of care and attention. If the products and services account shows that you believe has never been carried out / why is it important to follow with the administrators of the case.

It 'also important that any new "best friends" can be developed to monitor your loved ones at home, particularly in relation to staff. If your loved one begins to add in these individuals or their willingness to buy extravagant things for them, could very easily a case of conning tower, intimidation or'Sweet Heart scams.

Deceiver
Cheaters come in all shapes and sizes and from all over the world. The elderly are more prone to it by the constant evolution of technology and the potential loss of acute mental-ness.

Some of the more crucial in telemarketing swindlers come. Phone scams often target older people who think they can frighten or force. Be sure to send a strong increase in checks for a review of unusual or excessiveAmount is sent to an unknown person / position. Always follow up with your loved ones in these financial decisions and keep a watchful eye on everything that seems real, dishonest, or even well-being.

The elderly are also vulnerable to infiltrate the credit card and account hijacking. It may be difficult for anyone to ensure their identity and numbers, and the elderly often have difficulty keeping pace with technology, accounts, phone numbers, etc.

The action in cases of abuse is discovered
If you do, meaning greetings to your loved ones, do not hesitate to act. Collect as much information and documents can be done about the abuse. Find a local attorney in your area that specializes in these types of cases and do your best to stay one step ahead of fraudsters.

Continue reading "What is Financial Elder Abuse?" »

Elder abuse is a general term used to describe certain types of harm to older adults. Other terms commonly used include: "elder mistreatment", "senior abuse", "abuse in later life", "abuse of older adults", "abuse of older women", and "abuse of older men".

One of the more commonly accepted definitions of elder abuse is "a single, or repeated act, or lack of appropriate action, occurring within any relationship where there is an expectation of trust which causes harm or distress to an older person." This definition has been adopted by the World Health Organization.

The core feature of this definition is that it focuses on harms where there is "expectation of trust" of the older person toward their abuser. Thus it includes harms by people the older person knows or with whom they have a relationship, such as a spouse, partner or family member, a friend or neighbor, or people that the older person relies on for services. Many forms of elder abuse are recognized as types of domestic violence or family violence.

The term elder abuse does not include general criminal activity against older persons, such as home break ins, "muggings" in the street or "distraction burglary", where a stranger distracts an older person at the doorstep while another person enters the property to steal.

In 2006 the International Network for Prevention of Elder Abuse (INPEA) designated June 15 as World Elder Abuse Awareness Day (WEAAD) and an increasing number of events are held across the globe on this day to raise awareness of elder abuse, and highlight ways to challenge such abuse.

Types

Although there are common themes of elder abuse across nations, there are also unique manifestations based upon history, culture, economic strength and societal perceptions of older people within nations themselves. The fundamental common denominator is the use of power and control by one individual to affect the well-being and status of another, older, individual.

There are several types of abuse of older people that are generally recognized as being elder abuse, including:

Physical: e.g. hitting, punching, slapping, burning, pushing, kicking, restraining, false imprisonment/confinement, or giving excessive or improper medication

Psychological/Emotional: e.g. shouting, swearing, frightening, or humiliating a person. A common theme is a perpetrator who identifies something that matters to an older person and then uses it to coerce an older person into a particular action. It may take verbal forms such as name-calling, ridiculing, constantly criticizing, accusations, blaming, and general disrespect, or non verbal forms such as ignoring, silence or shunning.

Financial abuse: also known as financial exploitation. e.g. illegal or unauthorized use of a person's property, money, pension book or other valuables (including changing the person's will to name the abuser as heir). It may be obtained by deception, coercion, misrepresentation, or theft. The term includes fraudulently obtaining or use of a power of attorney. Other forms include deprivation of money or other property, or by eviction from own home

Sexual: e.g. forcing a person to take part in any sexual activity without his or her consent, including forcing them to participate in conversations of a sexual nature against their will; may also include situations where person is no longer able to give consent (dementia)

Neglect: e.g. depriving a person of food, heat, clothing or comfort or essential medication and depriving a person of needed services to force certain kinds of actions, financial and otherwise. The deprivation may be intentional (active neglect) or happen out of lack of knowledge or resources (passive neglect).

In addition, some U.S. state laws also recognzse the following as elder abuse:

Rights abuse: denying the civil and constitutional rights of a person who is old, but not declared by court to be mentally incapacitated.

Self-neglect: elderly persons neglecting themselves by not caring about their own health or safety. Self neglect ( harm by self) is treated as conceptually different than abuse (harm by others).

'Abandonment': deserting a dependent person with the intent to abandon them or leave them unattended at a place for such a time period as may be likely to endanger their health or welfare.

Institutional abuse refers to physical or psychological harms, as well as rights violations in settings where care and assistance is provided to dependant older adults or others.

Continue reading "Elder Abuse A General Term Describing Harm To Older Adults" »

Elder abuse" is recognized as a health and human rights issue and includes a range of offenses. Abuse is sometimes hard to detect; elder abuse is frequently inflicted by a known, trusted person, often a family member. Neglect, self-neglect and financial exploitation are common forms of abuse.

A startling example of financial exploitation was the story of a Los Angeles woman accused of convincing an elderly man, suffering from dementia, to marry her and empty his bank account the very same day. this kind of exploitation happens everyday and is quite common says California Financial Elder Abuse Lawyer Steven C. Peck.

Incidents like this prompted new lawmaking in the State of Washington The new law applies to older vulnerable adults, and requires financial institutions to train certain employees to better identify older adults who may be victims of financial exploitation, and gives institutions the right to withhold fund disbursement while the request is investigated. California already has these mandatory reporting requirements Peck says.

As community members, family and friends, we must be vigilant. Signs of mistreatment often include unexplained physical injuries, repeated accidents, behavior changes such as crying and isolation, or deteriorating health and hygiene. Financial troubles that appear out of the blue can signal financial exploitation.

Continue reading "Financial Exploitation & Financial Elder Abuse Transpire Quite Frequently In Our Society" »

You probably have heard in the news about cases of elder abuse and financial exploitation. When you hear of elder financial exploitation, you might think of unscrupulous home improvement contractors, phony investment schemes or Internet
scams. According to law enforcement officials, abuse and exploitation by family, caretakers and "new best friends" are just as common. and are thriving says Los Angeles Elder Abuse Attorney Steven C. Peck.

The National Center on Elder Abuse reports more than 1 million cases of elder abuse are reported each year. This number does not represent the actual incidence of elder abuse because these crimes often go unreported. The center said because of the intimate and family nature of elder abuse, as many as four out of five cases go unreported.

Elder abuse and financial exploitation also is drastically on the rise in a seriously depressed economy as desperate people prey on the population most likely to have income and assets, accumulated after a lifetime of work.

One method of elder exploitation I have seen many times is a child or other family member who is a professional dependent.

One type of professional dependent is the child who might have convinced you they need your help. You now are regularly giving them checks to help them out. These checks could be in the thousands of dollars.

Another type of professional dependent is a child who regularly takes you to the bank to withdraw cash for your day-to-day living expenses. That cash, sometimes also in the thousands of dollars, then just mysteriously disappears.

A child who lives with you also can be a professional dependent. You might have a child who lives with you but contributes nothing to the household operation, either financially or timewise. All too often, a child will move in with you and just sponge off of you.

It could be the child who never moved out and who, now is in his 50s, still is trying to decide what he wants to do with his life. He might even have a job but never helps out with the household expenses or chores.

It is not uncommon for a child to move in with you "temporarily" after a major life event such as a divorce or loss of a job. He or she might even bring their significant other. The "child" then just sleeps, sits around watching television or playing video games, doesn't look for a job and doesn't help with household chores. This "temporary" arrangement many times becomes permanent.

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