Elder Abuse and Neglect Law Blog - Providing a Voice for the Vulnerable on Elder Abuse & Neglect Issues

The Census Bureau reports some sobering statistics: The segment of our population that is 90 years old or older has tripled in the past three decades to 2 million. The number is projected to quadruple by 2050.

As the economy continues to limp along and the aging population jumps, an increasing number of elderly people are forced to turn to their younger relatives. Unfortunately, these family members don't always have their vulnerable elders' best interest in mind. This is one of the key reasons why elder financial abuse is growing at epidemic proportions.

A recent USA Today article addresses this troubling problem, reporting the opening of the first elder abuse shelter in Ohio. Despite the statistics that point to widespread abuse, the total number of elder abuse shelters in this country are in the single digits, Non profit groups fund all of them.

Word still needs to get out that our the elder abuse problem is cutting across socio-economic lines.  

Frontline revealed a sad story that may stun those who do not know much about the rise of elder abuse in this country. Its investigators focused on a number of cases, one of which was that of aretired U.S. government scientist, Shepter had spent his final years in a Mountain Mesa, CA nursing home. A stroke had paralyzed much of his body, while dementia had eroded his ability to communicate. 

Mr. Shepter died in January 2007 at 76, His nursing home chief medical officer explained on his death certificate that his cause of death was heart failure due primarily to clogged arteries. Shepter's family did not question this and the local coroner did not probe further. 

Then, a tip off from a nursing home staffer led state officials to reexamine the case and find a set of different conclusions. They found that Shepter had actually died from a combination of illnesses, most related to poor care, including an infected ulcer, pneumonia, dehydration, and sepsis. Powerful antipsychotic drugs also likely sped up Shepter's demise, which often have lethal side effects for elderly patients.

Prosecutors charged that nursing home medical officer, Dr. Pormir, along with two of his former colleagues with killing Shepter and two other residents at that home. The criminal case is ongoing, while health care regulartors have already severely restricted his license and fined the home $150,000.

Frontline investigators learned the following, which I hope will help inform any of you who may have recently faced a death of a loved senior:

When treating physicians report that a death is natural, coroners and medical examiners almost never investigate. But doctors often get it wrong. In one 2008 study, nearly half the doctors surveyed failed to identify the correct cause of death for an elderly patient with a brain injury caused by a fall.

In most states, doctors can fill out a death certificate without ever seeing the body. That explains how a Pennsylvania physician said her 83-year-old patient had died of natural causes when, in fact, he'd been beaten to death by an aide. The doctor never saw the 16-inch bruise that covered the man's left side.

Autopsies of seniors have become increasingly rare even as the population age 65 or older has grown. Between 1972 and 2007, a government analysis  found, the share of U.S. autopsies performed on seniors dropped from 37 percent to 17 percent.

This time of the year, many seniors are particularly vulnerable to elder abuse and scam artists who prey on our senior citizens. Citizens are encouraged to report elder abuse immediately. If you or someone you know has been the victim of elder abuse please call your local police department. 

The following examples highlight scams regularly perpetrated against senior citizens. You are encouraged to share examples with all the senior citizens you know.

The Grandparent Scam - There are several versions of the "Grandparent" scam. In the most common version the victim will receive a call from an unknown person who will immediately say "Grandma" or "Grandpa" after the victim answers the phone. The victim will reply, "Johnny" or Janie" (the name of their grandson or granddaughter). The caller will reply, "Yes it's your Grandson Johnny." The caller will explain they are in trouble while visiting another country. The most common countries are Canada, Mexico, Jamaica, and Spain. The caller will claim to have been arrested and/or in jail, involved in a vehicle accident or experiencing a medical emergency and they need money wired to them urgently. The caller will ask the victim not to contact other family members because they are embarrassed. The caller will ask for the money to be wired in the name of an unknown third-party. The amount to be wired can vary from $500.00 to $50,000.00. The largest amount wired from San Diego to China was $130,000.00. The caller said he needed emergency surgery. The hospital would not perform the procedure without a "bond" to cover the expense since the imposter did not have medical insurance in China.

What can I do? The victims in these scams have all sworn the caller sounded just like their loved one. The first thing you should do after receiving such a call is make a telephone call to a "good" phone number you have for your grandson or granddaughter. If you cannot reach them call your grandson or granddaughter's parents to confirm they are indeed out of the country before you wire any money. Once the money has been wired and received, the money is gone!

The "International Lottery" Scam - Another common telephone scam is the "International Lottery" scam. The caller will inform the victim they have won a substantial amount of money from the lottery of Jamaica or Canada. The victim will be instructed to wire money to cover the "taxes" associated with the prize. The amount can range from $1,500.00 to $15,000.00. Usually the prize is worth anywhere from one to four million dollars. If money is sent, the victim will begin receiving multiple calls asking for more money to be sent to cover additional taxes, fees, and/or insurance. In reality, the victim has not won any prize and will never see any of their "winnings". And just as the "grandparent" scam;

Once the money is wired and received, it's gone!

What can I do? Before you send any money remember this, "If it sounds too good to be true, then it probably is." Also, did you know it is against federal law to participate in an international lottery? The reason, the Federal Trade Commission says most foreign lotteries are likely to be scams and U.S. citizens send an estimated $120 million a year to foreign countries on the prospect of obtaining instant wealth. Scammers have turned to the telephone because federal law enforcement officials intercept and destroy millions of foreign lottery mailings every year.

Home Improvement Scams - There are several versions of the "home improvement" scam. An unknown and unsolicited building contractor / handyman will come to the victim's door soliciting for work. In the most common version, this unknown person will explain they are working on a neighbor's home and they ordered too much product for the job. They will also explain that he cannot return the materials, so they will offer to re-roof, paint, or fix cracks in the driveway of the victim's home at a substantial savings. The catch, the victim has to pay in cash. The amount can range from $500.00 to $5,000.00. The work on the victim's home will look professional at first glance, but it will turn out to be substandard and it usually ends up costing the victim a substantial amount of money to repair.

The purpose of the scam is not to perform substandard work for an inflated expense. The purpose this scam is to steal cash, jewelry, or any other property from inside the victim's home. The victim's home will be burglarized while they are distracted by the workers.

What can I do? Do not allow unsolicited workers into your home. If someone is soliciting work in your neighborhood, make an appointment for them to return on another day to give you time to check the credentials of business. Check their rating on the "Better Business Bureau" for example.

Vehicle Repair Scams - There are several versions of this scam. In the most common version the victim will be approached by an unknown person after the victim parks their vehicle, usually in a mini-mall. In some cases the victim was followed home. The unknown person will tell victim they are a mechanic and noticed an unusual amount smoke coming from the rear of the victim's vehicle. The "mechanic" will ask the victim to open the hood so they can take a look at the engine. The "mechanic" will then pull the "O2" sensor or another small component that will disable the vehicle, not allowing it to start. The "mechanic" will now ask the victim to start their car. The "mechanic" will offer to fix the car for less money than a shop or dealership. The amount can range from $300.00 to $500.00. Why, because this is usually within the amount a person can withdraw from an ATM. The "mechanic" will offer to go to a parts store that is around the corner, pay for the part and replace the defective part. In reality, the "mechanic" will leave for twenty-minutes and return with the same part, re-install it and the victim's vehicle starts no problem.

What can I do? Thank the "mechanic" for their concern, but you would rather call a tow truck or relative to assist you. Start to call someone you trust to come help you. Once you start to introduce someone else into the situation the "mechanic" will walk away. Remember, do not open your hood or let this unknown person in your vehicle. If you become afraid, call 9-1-1 to have an officer respond. The police would like to talk to this person and document who they are.

The Immigrant Scam - This scam usually targets Spanish speaking women. The victim will be approached in a public area, commonly a clothing store by a Hispanic female. The female will claim to be an immigrant from the interior of Mexico. She will tell the victim a sad story about how she came to the United States looking for work. She lived with an American family as a housekeeper and the family mistreated her. She ran away because of the abuse and wants to return to Mexico, but does not have enough money.

She will show the victim a bar of gold, or a bar of silver, or a diamond she took from the American family to sell in an effort to return to Mexico. An unknown male will introduce himself during the story and say he "could not help but over hear" their conversation and offer to help. The male will explain that he has a friend who works at a jewelry store and he'll offer to take the gold, silver, or diamond to have it appraised. The male will return and tell the victim the item is worth thousands of dollars and talk the victim into buying the item for a profit from the female. In the end the victim gives the female $1,000.00 to $5,000.00 for the bar of gold, or silver or the diamond and then cannot find the unknown male to sell the item for profit. As for the bar of gold, silver or diamond, it's fake, usually a painted lead paperweight or Cubic Zirconia gem and not worth $100.00.

What do I do? Offer to refer the female to a church or other service for assistance. But, do not engage in a business deal with unknown people you've just met.

Remember - If it sounds too good to be true, it probably is.

As of Nov. 10th, a  new national hotline for seniors and adult children of the elderly is available to deal with one of America's biggest fraud problems: The estimated 1 out of every 5 citizens over the age of 65 who are victimized by a financial swindle/fraud. Of particular concern are seniors with mild cognitive impairment (MCI) who can perform most daily functions, but have trouble or become confused when it comes to managing their finances.

In collaboration with the National Adult Protective Services Association (NAPSA), the Financial Planning Association (FPA), and Baylor College of Medicine, the Investor Protection Trust (IPT) and Investor Protection Institute (IPI) are making available three separate call-in lines - covering general finance, medical, and financial abuse questions -- from 9:00 a.m. to 6:00 p.m. EST on Thursday, November 10, 2011. (See call-in details below.) Kiplinger's Personal Finance is also a partner in the November 10th hotline project.

The toll-free hotlines will address questions and offer free advice in the following key areas:

General Finance Questions 888-227-1776. Callers are encouraged to dial into this number to speak with an expert from the Financial Planning Association about their family financial security. Callers will get answers to general financial questions, help identifying financial professionals that put your interests first and learn how to protect themselves and their loved ones from financial fraud. FPA professionals can also help initiate a conversation about money with adult children of older parents in order to help prevent elder investment fraud and financial exploitation.

Medical Questions 888-303-0430. Callers to this number can get advice from health care professionals about medical issues such as mild cognitive impairment that can impact an older person's ability to make wise and safe financial decisions and can increase their vulnerability to elder financial abuse and exploitation. The health care professionals can help callers recognize the warning signs of vulnerability to financial abuse in themselves or loved ones and suggest referral routes for further medical screening.

Financial Abuse Questions 888-303-3297. Callers to this number will speak with an adult protective services (APS) professional about elder financial abuse and strategies for keeping themselves or older loved ones independent. Callers can get information on how to recognize the most common ways that older adults are financially exploited and methods for preventing elder financial abuse. APS professionals will also help callers take the proper steps if they suspect that a loved one is currently being financially abused or exploited.

A new elder abuse justice center was unveiled in Vancouver, WA earlier this week. Its set-up is moodeled after existing specialty centers, such as the Children’s Justice Center and the Domestic Violence Prosecution Center.

Typically, Clark County has dealt with case of financial exploitation of elders as general felonies or like other theft or abuse cases. With a specialty center for elder abuse crimes now in place, the hope is to streamline the process in prosecuting them by having all the players under one roof, Clark County Prosecutor Tony Golik explained.

Three DSHS adult protection services workers along with detectives and a prosecutor will work out of the new justice center. 

According to the adult protection services, there were 880 cases of elder abuse in 2009 (the most recent statistics), a large majority of those were unreported. There are currently 113 pending elder abuse cases at the prosecutor’s office, according to Dianna Kretzschmar, the program coordinator.