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

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.

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.

All too often, elders suffers needless falls as a result of the failure to provide them with the assistance that that need and desire.  We hear story after story of elders who have fallen because they were not being helped.  These falls lead to hip fractures which create a downward spiral.  The bones of older patients take longer to heal and the surgeries that are required to repair hip fractures are very trying.  

Be active in assuring that your elder loved ones are being properly assisted while getting up out of a chair or bed and while walking. Make sure that those providing care to your elder loved ones are providing the type of assistance that is required and expected.

Often a hip fracture leads to an elder loved one being confined to their bed, ending the mobility that created for them their last bit of independence.  

King 5 is reporting that last night a 95-year-old woman was found dead outside of the Assisted Living Facility where she was a resident. Within a few hours of last seeing the woman, the Facility called police who initiated a search. She was found at the garden of a neighboring facility.

Wesley Care's CEO, Kevin Anderson, says this has never happened in the 26 years the facility has offered care and they are cooperating fully with authorities.

"We grieve with the family deeply over this tragic incident," he said. "We are extremely sorry that the incident happened. (Jensen's) family has our deepest sympathies."

Anderson told KING 5 News Jensen did not have a history of wandering away from the Center. The police report said staff told officers that earlier that evening, Jensen was found in another wing of the care center and had to be escorted back to her room.

If your loved one has a history of wandering, it is important the facility take action to prevent it. in this case, there is a question as to how alert they should have been given her recent evidence of confusion. However, in other facilities, the failure to care for the special needs of your loved ones is easily preventable. 

My prayers go out to her family.

In a sad story, Ruston Health Care in Williamsburg, Illinois has been sued for trauma to one of its residents. The mentally disabled man was supposed to have his bed guard rails raised. The rails are there for a very specific reason, to keep the resident from falling out of bed.

Tragically, the staff at the nursing home failed to follow the instructions for the man's care, leaving the rail down. The man fell out of bed, striking his head hard enough to cause swelling the size of an orange. He also had blood in his urine. Visible blood in the urine (gross or acute hematoria, depending on the amount of blood -- acute being more severe) after trauma, such as a fall, can be a sign of damage to the upper or lower urinary tract. This can mean trouble with the kidneys, bladder, or urethra. 

Basically, this was no small fall.

The sad part is, the nursing home failed to act in the best interests of the patient by not disclosing the fall to hospital staff after blood was in his urine. Its bad enough that they put him in danger in the first place. But by failing to disclose the fall, they put him in danger of wasted time in trying to diagnosis the cause of the blood in his urine, as it can be caused by many non-trauma related issues. 

Its these simple things that the homes know they should do, but don't, that make me the most frustrated. How do you get a nursing home to stop understaffing? How do you get them to hire people qualified enough to follow the patient's care plan? Simple, you make them pay. Everything in a for profit business comes down to money. If it costs less to break the rules than to follow them, the for profit company will usually break the rules. But by making it hurt every time they endanger a patients life, these companies will start to realize that their bottom line is better off if they follow the rules. 

Of course, this can't be the only tactic used to reform this deplorable behavior, this putting of profit over people.

Its important that each of us, whether in the legal or medical community, get involved with other avenues that can help with reform. There are boards and commissions that deal with nursing homes, you can stay in contact with your local Health and Human Services Department to see what you can do to help.

Residents and their families can help to, by staying involved with the Resident and Family Councils at these places, documenting what they see and working with DSHS to improve the conditions for our loved ones.

I know I often sound like a broken record, but this is how we fix things -- by working together.

Many thanks to Levin and Perconti for bringing this story to my attention.