CHINESE LAW REQUIRING ADULT CHILDREN TO CARE FOR THEIR ELDERLY PARENTS

Taking of an elderly parent should be done in love not by laws. It is hard to believe that a government has to by creating of a law to make someone take care of their parents.  China has passed a law in July requiring  that adult children provide mental support, in addition to financial support and life care, to their parents once they reach the age of 60.

This law was enacted as a result of  rising concerns that China has evolving into a more modern society and its tradition values of family are suffering. Elder abuse is a relatively new concern for China. In fact, most families are outraged by this growing health issue.

To date, over 1,000 elderly parents have sued their children for financial support. Of course, the elderly parents subject themselves to reprisals from their children.

In addition to China, India, France and the Ukraine have similar laws.  In the Spain under the Civil Code, spouses and children of elderly dependent people are responsible for their maintenance and care which covers everything that is essential for sustenance, shelter, clothing and medical assistance. The extent of the maintenance to be provided depends on the means of the providers and the needs of the dependent person. The obligation to provide maintenance comes to an end when the provider dies or when their wealth has fallen to such a level that continuing to do so would mean having to neglect their own needs or those of their family.

In the United States, there are  30 states that have laws requiring mandatory care of indigent elderly parents. These laws are seldom enforced while others of those 30 states ignore them.

I just want to remind everyone that if you live long enough, you will grow old. You reap what you sow.

As I always mention, please report all incidents to the proper authorities. You can also find information on the National Center on Elder Abuse’s website at http://www.ncea.aoa.gov.

Please feel free to leave your questions or comments.

PROSECUTING ELDER ABUSE CASES

Elder Law and Estate attorneys hear elder abuse horror stories daily. Many times the hurdles they face in having these cases prosecuted are ridiculous. One attorney complained that the biggest problem handling these cases is that most of them involve family members. George Johnson, a Paducah, Kentucky police detective sergeant said that it is complicated because when you have someone in a caretaker role and there’s a guardianship, they’re the one spending the money. He also noted that bank records can show patterns of behavior, but it’s difficult to prove any wrongdoing. Many victims often refuse to testify against a loved one, or do so only to later recant their testimony.The victims often cannot communicate, have diminished mental capacity or die.

Attorneys seldom receive support from the local authorities. Loved ones file complaints with the local police and will not receive a return phone call and also it unlikely an investigation will ensue. For many police departments, it is a matter of manpower and resources. Also, if the suspect of the abuse files a probate court matter, the district attorney’s office will more than likely drop its investigation.

The American Bar Association has not received enough credit for its work in trying to have these cases heard by a judge. The ABA has stressed the need for special units dedicated to elder abuse and training prosecutors on the kinds of crimes committed against the elderly and the particular issues the elderly may present as victims, improving victim aid services, educating the public and professionals, and forming multidisciplinary teams.

A recent study showed that the training of prosecutors is still lacking, only taking cases that they believe will result in conviction and finally, “systemic problems in the interplay between prosecutors, law enforcement, Adult Protective Services, nursing homes, and the roles each is to play.”

Many prosecutors are more concerned about having a winning record rather than seeking justice for the victim. This type of attitude only empowers the perpetrator, ensuring them no accountability.

We need to acknowledge attorneys like Jeff Lewin at http://www.lewinlaw.com and E. Nego Pile at http://www.pilelaw.com, located in the Greater Philadelphia area, for having the compassion to fight for the elderly. Elder Law and Estate attorneys are the unsung heroes of elder abuse.

As I always mention, please report all incidents to the proper authorities. You can also find information on the National Center on Elder Abuse’s website at http://www.ncea.aoa.gov.

Please feel free to leave your questions or comments.

THE CONSEQUENCES OF NOT REPORTING ELDER ABUSE

I have noticed that my mother’s generation believed in silence. Today’s generation share too much information via social media. It would be wonderful if we were all more forthcoming about reporting elder abuse.

It is estimated that 84% of elder abuse incidents go unreported. Think about it. Eighty-four percent of incidents go unreported. Many view it as a family matter or the classic, “it’s none of my business.” I have news for you. It is all of our business.

Elder abuse is costing taxpayers billions of dollars. In 2012, $2.9 billion was the estimated loss of the elderly as a result of financial fraud.

The reality is that many know of incidents of the mistreatment of the elderly and refuse to report it. I find it irritating when those who witnessed incidents relay details of the incidents after it is too late.

Families keep quiet about it but become proactive when it relates to loss of an inheritance. I can tell you firsthand that the authorities will not invest time in investigating a claim of financial exploitation after the senior has passed. It requires a lot of time investigating and many of the law enforcement officers are not trained in elder abuse investigation, particularly elder financial abuse.The result of not taking action has resulted in loss of homes, cars, and money. A detective serving in the elder abuse unit in Delaware County, Pennsylvania said that it makes his job difficult trying to convince his superiors to pursue a case when the victim is deceased. For a detective who cares, this is frustrating.

There are also social consequences as well. The message that is sent to the younger generation is one that allows tolerance of the mistreatment of the elderly. This should strike fear in the baby boomers who are raising a generation that many feel are probably the most disrespectful, irresponsible and feel a great sense of entitlement.

There are also physical consequences as well. According to the World Health Organization (WHO), “for older people, the consequences of abuse can be especially serious because their bones are more brittle and convalescence takes them longer. Even a relatively minor injury can cause serious and permanent damage.”

As I always mention, please report all incidents to the proper authorities. You can also find information on the National Center on Elder Abuse’s website at http://www.ncea.aoa.gov.

Please feel free to leave your questions or comments.

ELDER ABUSE IN AUSTRALIA

My goal is to provide information about the growing health issue of elder abuse, not just in the United States and Canada but around the globe. It is important for all of us to understand that this is a global concern.

Australia is facing major concerns in regards to the treatment of the elderly. Elder abuse has increased significantly in the continent (even though many consider Australia a country).  It is estimated that 6% of its population is elderly. It is believed that there are approximately 100,000 unreported cases of elder abuse throughout Australia per year. Ian Yates from COTA (Council on the Aging) in Australia is working to help strengthen laws against elder abuse.

There are no mandatory reporting requirements in any State or Territory throughout Australia for elder abuse that is occurring in the community setting. Experts feel that Australia is 30 years behind in research and policy development. There are no special statutes to cover neglect, mistreatment, or psychological abuse in any State or Territory. It is shocking to discover that elder abuse is not taught in the law school curriculum. Elder abuse is not a specialty area of law with most elder lawyers dealing with wills and estate matters.

Ian Yates in an interview said that “probably the most common is financial, because there’s a strong incentive for people to undertake financial abuse; it’s theft for their own purposes. But, obviously that’s accompanied by emotional abuse, psychological abuse and, unfortunately, physical abuse.”

By 2025, it is estimated that elder abuse will be costing the health system over $350 million dollars per year. In residential settings, 75% of the residents in residential care facilities do not receive regular visits by relatives, are visited infrequently or not at all. This explains why these residents are not well represented in complaints.

Elder abuse cases are extremely difficult to prosecute in court due to lack of specific elder abuse laws.

There seems to be a recurring theme of federal governments acquiescing to state and local governments to address elder abuse concerns. It is fortunate for the elderly that there are organizations whose mission is to address elder abuse in the United States, Canada and Australia.

As I always mention, please report all incidents to the proper authorities. You can also find information on the National Center on Elder Abuse’s website at http://www.ncea.aoa.gov.

Please feel free to leave your questions or comments.

ELDER ABUSE AND OLDER MEN

Usually when we see images of elder abuse, we are shown pictures of older women. Sad to say, many forget that men as well as women are affected by this growing health issue. In fact, abuse of older men is under-recognized.  Gender stereotyping and biases do not encourage men to admit that they are victims of elder abuse.

I want to acknowledge Canada, who recognized that images of older men were underrepresented in elder abuse awareness campaigns and have used more images of older men to help the public understand that men are also victims of elder abuse.

This fact needs to be seriously examined when you consider that most men have more financial resources than their female counterparts. This means that older men are targets for financial exploitation. In terms of gender biases, society is more tolerant of an older man having a younger girlfriend more so than an older woman having a younger boyfriend. Society labels younger women dating older men for financial gain as “gold diggers” rather than calling it what it truly is, financial exploitation of the elderly.  he term gold digger diminishes the fact that this is a crime.

The back story behind many of these cases is that older men rely on these women as caregivers and companionship. Many of these relationship are also sexual. Studies have shown that older adults still have strong emotional and sexual needs. Many older men, who are under the assumption that the relationship (in those cases that involve opportunistic women) is mutually beneficial. The reality is that they are opening themselves up for financial ruin.

Older gay men have experienced being exploited and financially ruin by younger men who are actually hustlers. Hustlers seek out these men, who many times are financially secure, because they may not have families and are longing for companionship.

I must add that there are many cases where family members of older gay men, who ostracized them, “re-emerge” under the guise of a reunion.

I have to go on record to say that not all relationships between older adults and younger adults are about monetary gain, but my statements are pertaining to those who are exploiters.

As I always mention, please report all incidents to the proper authorities. You can also find information on the National Center on Elder Abuse’s website at http://www.ncea.aoa.gov.

Please feel free to leave your questions or comments.

ELDER ABUSE AND THE MEDIA

The media has had more impact on how we learn about current events, gossip and news than ever before. Mass media play a critical role in shaping public opinion and public policy formation for various social issues, according to a study done in 2007. Many of us have stopped buying newspapers as a result of the ability to read about various topics on the internet. This mode of communication  and information has proven to be effective and relevant.

Many academics has researched how important a role the media can play in educating society about the growing issue of elder abuse. There have not been any national coverage on the major networks, either as a news report or as a subject matter on a television weekly magazine show.

According to a study by Mastin, Choi, Barboza and Pope (2007), when elder abuse is reported in newspapers, most coverage is often focused on incidents in long-term care settings. This is sad considering that most incidents occur in domestic settings. I must say that the internet news coverage does report elder abuse incidents in domestic settings. Unfortunately, everyone does not research or look for these reports when surfing the internet.

Another finding these scholars observed was that elder abuse has received attention in both social science and media venues. Elder abuse is a major health concern that needs to be approached from that perspective. This health problem has costs the federal, state and local governments billions of dollars. Elder abuse professionals have made strides to use the media to get the message out there.

As I always mention, please report all incidents to the proper authorities. You can also find information on the National Center on Elder Abuse’s website at http://www.ncea.aoa.gov.

Please feel free to leave your questions or comment.

Reference
Mastin, T., Choi, J., Barboza, G. and Pope, L. (2007). Newspapers’ framing of elder abuse: It’s not a family affair. Journalism & Mass Communication Quarterly, December 2007, vol. 84, no. 4 777- 794

ELDER ABUSE IN CANADA

Canada is the world’s second-largest country consisting of ten provinces and three territories. Canada is the world’s eleventh-largest economy and ranking above the US and most western European nations on the Heritage Foundation’s index of economic freedom. It also has a relatively low economic disparity. It also has 13% of the global oil reserves, the world’s third-largest, after Venezuela and Saudi Arabia.

Canada’s population is diverse racially, in fact, it has one of the highest rates of immigration in the world. Canada, according to a 2012 NBC report, is the most educated country in the world.

Despite all of this, Canada shares the same concerns regarding elder abuse as its neighbor, the United States.

Elder abuse is a growing problem in Canada. In fact, it has launched many awareness projects in its provinces and territories. It is estimated that almost one of every 10 older Canadians experiences some form of abuse. This number is similar to the United States’ statistics.  Also, about 7 in 10 crimes against older Canadians are not reported to police, mainly because victims didn’t think they needed help. In the rare instance when someone is convicted of abusing an elderly person, sentences are often lenient, says Susan Eng, who heads up the CARP seniors’ advocacy group. CARP is the Canadian equivalent of the United States’ AARP group.

Here some facts regarding this growing concern in Canada:

• Based on police-reported data, nearly 2,800 seniors aged 65 years and older were the victims of family violence in 2010. Presented as a rate, the senior population had the lowest risk of violence compared to any other age group, irrespective of whether the incident involved a family member or someone outside the family.
• Overall, seniors were most at risk from friends or acquaintances (73 victims per 100,000 seniors), followed by family members (61 victims per 100,000) and strangers (51 victims per 100,000). Grown children were most often identified as the perpetrator of family violence against seniors.
• In 2010, the rate of spousal violence for senior women was more than double the male rate (22 versus 10 per 100,000 population). Senior women were also slightly more likely than senior men to be victimized by their children in 2010 (27 per 100,000 versus 24 per 100,000 population).
• In 2010, two-thirds (67%) of incidents of family violence against seniors involved physical assaults, a larger proportion than the share of non-family violence incidents (45%).
• For both sexes, grown children were the most common perpetrators of family violence (39% of women and 46% of men). This was particularly the case when the violence escalated to the killing of seniors. Over the past decade, half (50%) of all family homicides against seniors were committed by grown children.
• Despite annual fluctuations, rates of family homicides against seniors have been relatively steady over the previous fifteen years. Rates of family and non-family homicides against seniors are at near parity in recent years.
• The leading motives for family homicides of seniors were frustration and the escalation of an argument (32% and 26%). In contrast, financial gain was the leading motive in non-family homicides, reflecting the finding that one-quarter of all non-family homicides against seniors were committed during the commission of a robbery.

The Royal Canadian Mountain Police works with other government agencies, private sector partners and local communities to develop prevention and awareness information, tools and resources for both the public and police to better recognize and respond to elder abuse.

Recently in Toronto, Justice Minister Rob Nicholson and seniors minister Alice Wong announced amendments to the Criminal Code. This will impose stiffer penalties for those who commit crimes against the elderly.

As I always mention, please report all incidents to the proper authorities. You can also find information on the National Center on Elder Abuse’s website at http://www.ncea.aoa.gov.

Please feel free to leave your questions or comment

SEXUAL OFFENSES AGAINST ELDERLY WOMEN

Sexual assault against any women is tragic but when we hear about an elderly woman being sexually assaulted, many of us tend to be shocked, angry and confused. We cannot understand why someone would commit such a heinous act against an elderly woman.

Unfortunately, there have been reported in many local newspapers sexual assaults against elderly women. There was an American study that found that the female victims were in their 70’s and suffered a major impediment to self-care and were sexually abused by a known person whom the victim was dependent upon for care.

Another study revealed that it was more common for there to be at least one witness to the sexual abuse (76.2%) than for it to occur without being witnessed (23.8%). The study showed that 16.7% of elder sexual abuse victims lived with family members while the majority (83.3%) lived in a nursing home or other adult care facility. Also, 81% of the suspected offender were caregivers, and 78% were family members, primarily husbands and sons. Over one-third (36%) of the suspected offenders were themselves elders.

These are recent examples of cases currently in local newspapers of young men arrested for alleging raping elderly women:

In Dayton, Ohio, twenty-six-year old Jean Paul Mpanurwa of Congo, Africa was arrested this week and is being held on a $500,000 bond after being accused of raping a 90-year-old woman.

In Anderson, Indiana, a 17-year-old was taken into custody this Friday for a  July 17 sexual assault against a woman in the 90’s.

These cases are reported in  the local media but failed to be picked up on the national level. This needs to change because people need to understand that is happening all over the country.

As I always mention, please report all incidents to the proper authorities. You can also find information on the National Center on Elder Abuse’s website at http://www.ncea.aoa.gov.

Please feel free to leave your questions or comments.

SELF-NEGLECT, THE MOST ELUSIVE FORM OF ELDER ABUSE

What is self-neglect?  Self-neglect, in the context of elder abuse, is when the older person fails to meet their own physical, psychological, and/or social needs.

Self-neglect is one of the forms of elder abuse is, so say the least, tricky. This is because if the individual is mentally competent and chooses not to take care of one’s self, it is hard to label it as elder abuse.

Studies have shown that self-neglect represents the highest percentage of cases of elder abuse. The Public Policy Institute of AARP estimates that self-neglect represents 40 to 50 percent of cases reported to Adult Protective Services agency in most states.

There are possible factors that lead to self-neglect:

Long-term habitual self-neglect – Many of those older persons had a history of self-neglect pretty much throughout their adult lives. Many may have mental health issues that were never addressed. This, as a result, may have spiraled into not eating, substance abuse and becoming introverted.

Poverty – Many older adults are living with limited financial resources. Many cannot afford to buy food or their prescription medications.

Depression – Many older adults become depressed about their condition in life, longing for their youth, being abandoned and suffering from loneliness.

Substance Abuse – Some older adults develop substance abuse problems in old age possibly in response to depression, stress, loss, or anxiety. They may also develop a substance abuse problem as a result of over-prescription of medications. This can result in self-neglect.

Illness – Untreated illnesses can contribute to an older adult’s ability to care for one’s self.

In order to help those who are experiencing self-neglect, one must proceed cautiously with a high degree of respect for the elder and their decisions. Many older adults are not trusting so earning their trust is important in order to facilitate an intervention.

As I always mention, please report all incidents to the proper authorities. You can also find information on the National Center on Elder Abuse’s website at http://www.ncea.aoa.gov.

Please feel free to leave your questions or comments.

HOW TO CHOOSE A NURSING HOME

In the wake of nursing home abuse incidents, choosing a nursing home is very daunting. It is an emotional and stressful decision for a family to make.

Here some suggestions provided by Consumer Reports:

1. Get the names of local facilities. Call Eldercare Locator (800-677-1116) to find your local agency on aging.

2. Check Consumer Reports Nursing Home Quality Monitor, which has state-by-state findings, at www.consumerreports.org/nursinghomes.

3. Check on ownership. Independent nonprofit facilities may be better than for-profit chains, according to Consumer Reports.

4. Check with your local long-term care ombudsman. This government official can be found through your local agency on aging. He or she should know about local nursing homes.

5. Don’t rely on the federal web site. Nursing home information at http://www.medicare.gov may be “incomplete and possibly misleading,” saysConsumer Reports.

6. Visit homes several times.

7. Read each home’s Form 2567. This document contains a listing of deficiencies cited by the surveying state and regional agencies.

8. Check on the staff. Talk to the home’s administrator; and ask about top-level staff turnover.

You should also request a tour and take notice of the cleanliness of the facility. Inquire about the number of RN’s on staff. If you go in the morning, after 9:30 am, see how many people are still in bed. “Homes with too few staff members don’t get people out of bed until late in the day, if at all,” says Consumer Reports. If you go around dinner time, check out the dining hall. If 75% of the residents are eating in their rooms, that’s not a good sign. Most people, according to Consumer Reports, prefer to be out of bed and to eat in the dining room.

Once a decision has been made about a nursing home and the loved one has been admitted, start making unannounced visits. And go at different times of day.

As I always mention, please report all incidents to the proper authorities. You can also find information on the National Center on Elder Abuse’s website at http://www.ncea.aoa.gov.

Please feel free to leave your questions or comments.