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

In a news story broken by King5 earlier this week, another story of elder abuse reminds us that this problem is not going away anytime soon.

Cotie Pifher, 25 years old, and Melissa Flores, 26 years old, lived together and treated Flores' 63 year old aunt with cruelty and callousness befitting a war criminal. The story includes an account of Pifher beating Flores' aunt with a wooden spoon, throwing her in a scalding shower, and pushing her outdoors with no clothes. Apparently, they had left her at a hospital with bruises and broken bones. Hospital staff and a relative requested a welfare check.

Seattle Police detective, has seen numerous cases of elder abuse in Western Washington. Adult Protective Services's most recent statistics indicate that there were at least 14,577 reported cases of abuse. These cases include physical, emotional, and financial abuse in Washington State (based on info compiled in 2009). Sadly, the perpetrators are most tpyically family members.

Presently, King and Pierce Counties have a billboard campaign to raise awareness about elder abuse. If you suspect elder abuse, please call 1 (800) 222-TIPS. Also, check out the below websites that offer information:

http://www.kingcounty.gov/Prosecutor/elderabuse.aspx

http://www.piercecountycrime.com/elder-abuse.php

http://www.co.pierce.wa.us/pc/abtus/ourorg/humsvcs/ADRC.htm

http://www.tpcrimestoppers.com/

In today's MarketWatch Reality Q&A, the sad but true fact is underscored: Over half of this country's elder abuse cases involve a family member, not shady "mortgage professionals." The column indicates that sons are most likely to scam their parents or grandparents, more so than a fraudulent contractor/handyman or paramour.

This doesn't mean that senior citizens should trust all lenders suddenly. Make sure that the senior that you're concerned about understands the terms of the loan and the pros/cons of going through with the loan before s/he signs on the dotted line. Reverse mortgages rank as the 8th most prevalent scam targeting the elderly.

Yesterday, the Oregon Senate approved House Bill 4084, which supporters say will beef up the ability of law enforcement to protect vulnerable seniors from financial and physical abuse.  

The bill is modeled on legislation protecting children from abuse. It's much harder under current law to step in with seniors and seek their financial and medical records that could provide evidence of potential abuse.  

As The Oregonian’s Rebecca Woolington wrote last month, the proposal allows law enforcement to gain access "to records that belong to elderly victims without them — or a caregiver  — signing a waiver, if investigators believe abuse is occurring." That way, authorities can access records in a much speedier 

As we dive into 2012, politics and policy are at the top of many Americans minds. Indeed, Republicans and Democrats alike are seeking votes from senior citizens. Seniors are more consistent and reliable as voters, and their population is surging. Compared to 2008, they now make up at least 23% of the voting population as of 2010--a 16% increase.

The older voters look at past actions rather than words, and are understandably concerned about Medicare and Social Security policies changes. As elder abuse grows, this aging population want the federal government to take action. More than 1 in 10 seniors will suffer as a victim of elder abuse, which will amount to almost $3 billion in one year.

Before their holiday break, Congress passed a huge spending bill for the rest of the fiscal year. But for a second year, Congress neglected funding the only comprehensive federal abuse prevention law, the Elder Justice Act. I'm not sure whether this was out of sheer stupidity or forgetfulness. Under two years ago, Congress enacted the Elder Justice Act, which indicated some recognition of the alarming proliferation of elder abuse in this country. While the law authorized the funds, a second bill needs to be passed to put the law into action. President Obama requested Congress to provide $21.5 million in startup funds for the Elder Justice Act in his 2012 budget. Yet, Congress ignored Obama's request.

A celebrity victim, Mickey Rooney, testified before Congress about his personal experiences with elder abuse. While his testimony attracted the media, his story seemed to fall on deaf ears of Congress to provide the needed funding.

A bipartisan, 3000 member Elder Justice Coalition plans to make funding for elder abuse prevention a political imperative to Congress and Presidential candidates. Funding for the Elder Justice Act is critical to promote jobs and protect senior citizens, while preventing wasteful spending by Medicaid and Medicare. Roughly $200 million is needed to fund elder justice, which is about 5% of what was recovered in 2010 by federal government in Medicare/Medicaid fraud and waste. 

Please do your part and let your Congressperson know that this is an important issue. It's about the welfare of your parents and parents' parents.

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.

In today's Seattle P-I, there's a sad story about a supposed "caregiver," 52 year old Samantha Pierce, who bilked an elderly couple for several years. Pierce was hired in 2005 to serve as an in-home caregiver to the 93 year old woman, who did not want to move to a nursing home.

Instead of focusing on caring for the dying 93 year old woman, Pierce integrated herself into every aspect of the man's life, including managing his finances. Writing roughly $300,000 worth of checks to herself, her family, and friends, she also convinced the man to buy and transfer the title of a Cadillac Escalade SUV, which was “was inconsistent with (the man’s) tastes” (according to what a detective was told). 

By 2007, Pierce had herself added to the man's checking account. 

Pierce's presence had grown so dominant in the man's life, that he toasted Pierce rather than commemorate his wife on the day his wife died.

She battled with the man's children, who demanded early on that she be fired after their mother had suffered an overdose because Pierce had given her too much Ritalin.  The woman ended up in a nursing home after all, and died in early 2007. However, Pierce returned as his "Executive Assistant, CNA," which is what she called herself on her business cards that she had made. Pierce was not ever a certified nurse's assistant.

After keeping the man isolated and apparently over-medicated, she was poised to purchase a $2 million Lake Washington house sight unseen.  But thankfully, Pierce was arrested in 2009, and the man appears more cogent and now spends more time with his family--something that he has always enjoyed.

This story seems fantastic, but it is true. What is even scarier is that there are likely more stories like this out there, which no one has yet (or may never) unearth. One of the lessons that we can take away from this man's misfortune is to stay vigilant, if you see your loved one/elderly relative under the care of a suspicious "caregiver." Trust your instincts. Ask a lot of questions from the start. Ask to see verification, when they call themselves a "CNA." It may save your elderly relative a huge sum of money and heartache.

Juicy Nurse is a blog devoted to giving nurses an outlet for their stories, whether they be sad, happy, or just plain hilarious. Unfortunately, the following story is all too common:

Several months ago I stayed at work until almost midnight "cleaning up" a man that came from a nursing home and may, very well, die of nursing home neglect. This man was unable to communicate much at all because he had suffered a devastating stroke in the past leaving him unable to care for himself. As if this was not sad enough, he presented to me with the UNSPEAKABLE!

This man had a rash that covered his entire back, buttocks, groin and legs. This "rash" turned out to be burns from urine and feces that burned his skin only because he sat in it for several hours without being changed. He had ulcers, open and infected, on his ears caused from the oxygen tubing that stayed in the same position for so long that it actually wore through his skin and caused ulcers that became infected. His scrotum was the size of a volleyball and his penis was swollen and oozing. The Foley catheter that he had in his penis had remained there so long without being changed that bacteria had actually eaten a path in between his penis, scrotum and bladder. He had a tube for feeding (G-Tube) that was ulcerated and oozing with a dressing on it that had not been changed in weeks. He could barely breathe when he got to me. We did everything we could to support his oxygen level, just to find that he had a piece of pita bread lodged in the back of his throat......about the size of a hockey puck! When we were able to finally pull it out the smell was so foul that I actually began to dry heave in a nearby trash can. This smell was only a bit comparable to the smell that you can only imagine was coming out of his penis.

I was SO disgusted when this man fell on my list of things to do for the day. Clearly not because I was upset to care for him but only because it broke my heart EVERY TIME I walked into the room. He did nothing but stare at me. He locked his eyes with mine in a way that assured me that he could understand everything that I was telling him.

I immediately called social services, his family, and the department for children and family services. I cleaned this man from head to toe, with the assistance of many others. I stayed with him until midnight, not because I was busy, or overworked or covering for another nurse, but because what happened to him took away all of his pride and dignity. This man deserved a voice.....an advocate.

We took pictures and filled out paperwork and cried with family and talked about it in the break room and lost a little sleep here and there.........but ultimately, what happened to him was UNSPEAKABLE! Abuse at its finest, most disgusting and most difficult to prosecute!

This case is so sad and will NEVER leave my mind. I don't know what ended up happening to this man. I assume that infection probably took over his body and that he has probably passed on, but I don't know for sure. This is the case of many patients that we see and treat in the hospital. They impact our lives and we never forget them. We impact their lives, i assume, and then we only hope that things get better for them.

I thought of this man 2 weeks later when I admitted a mentally challenge female from a nursing home with severe bruising to both of her inner thighs, her chest and her upper arms. I did for her as I did for him, as I will do for the next one.

When will the unspeakable stop? How do those of us that deal with it all of time, move on?

All we can do is give these people a voice.

It is refreshing to me that people can come from such varied backgrounds and all have the same passion for these problems of neglect and abuse. The nurses, the investigators, and even the attorneys all see the same things and want the same changes to occur. We all want to fix the underlying problems in the system that will allow our most vulnerable to suffer. We will change things. We will give them a voice.

Continue Reading