Tuesday, August 22, 2017
Mark your calendars for September 6, 2017 at 2:00 p.m. edt. DOJ's Elder Justice Initiative will be hosting another in its series of webinars on elder abuse. More information and registration for Financial Exploitation in the Context of Guardianships and Other Legal Arrangements will be available soon.
August 22, 2017 in Cognitive Impairment, Consumer Information, Current Affairs, Elder Abuse/Guardianship/Conservatorship, Programs/CLEs, State Statutes/Regulations, Webinars | Permalink | Comments (0)
Tuesday, August 8, 2017
Recently the U.S. Senate passed S 178, the Elder Abuse Prevention and Prosecution Act which is "[t]o prevent elder abuse and exploitation and improve the justice system’s response to victims in elder abuse and exploitation cases."
Title I is "Supporting Federal Cases Involving Elder Justice", Title II is "Improved Data Collection & Federal Coordination", Title III covers enhanced services to victims of elder abuse, Title IV, the "Robert Matava Elder Abuse Prosecution Act of 2017", includes enhanced penalities for those email & telemarketing schemes targeting elders, as well as interstate initiaties and state training & technical assistance.
In Title V, Miscellaneous, there are sections that deal with GAO reports, "[c]ourt-appointed guardianship oversight activities under the Elder Justice Act...," outreach to both state and local law enforcement and a requirement that the AG "publish model power of attorney legislation for the purpose of preventing elder abuse" (section 504) and "publish best practices for improving guardianship proceedings and model legislation relating to guardianship proceedings for the purpose of preventing elder abuse."
Friday, August 4, 2017
The Uniform Law Commissioners recently approved the new guardianship act. The prior act, the Uniform Guardianship & Protective Proceedings Act was approved in 1997. The new act, the Uniform Guardian, Conservatorship & Other Protective Arrangements Act was approved in mid-July at the ULC's 126th annual meeting. Terminology has changed with this new act, with the use of incapacitated person falling by the wayside. Instead, the act refers to "adult subject to guardianship" or adult subject to conservatorship" both of which are defined in Section 102. Less restrictive alternative now includes supported decision-making, along with other alternatives such as a health care or financial power of attorney or representative payee. More emphasis is put on protective arrangements (Article 5 of the Act) as an alternative to guardianship. Another version of the new act with a prefatory note and commentary will be available on the ULC website soon.
Wednesday, August 2, 2017
Clark County, Nevada has been at the center of serious allegations of abuse by court-appointed guardians, including "public" guardians, as we have reported here in the past. Most recently, the county was the site of a conviction and sentencing of a woman who was charged with theft from her "long-time companion," the incapacitated person she was appointed to protect.
Helen Natko was found guilty by a Las Vegas jury in April of theft and exploitation of a vulnerable person:
Natko raised suspicions when she transferred nearly $200,000 out of a joint account. Natko returned the money but that's when Del's daughter, Terri Black, tried to protect her father leading to a guardianship case.
"That began our 4 year odyssey of pain and sorrow that continues to this day for my family," says Terri. She says the most painful part was not having quality time with her father in his final days.
Although the prosecutor (and the protected person's family members) sought "prison time" following the conviction, ultimately the state court judge sentenced Natko to 5 years probation, a $10,000 fine and a bar on "gambling." Further, according to Las Vegas Contact 13 KTNV news reports, "she's disqualified to be a guardian under new laws passed" since the channel's investigation and news series exposed problems in the county's guardianship system.
For more see Contact 13: Guardian Sentenced to Probation. My thanks for the update from Rick Black, the son-in-law of the victim in this case. It's been a long haul for the family. Mr. Black commented, "We are satisfied with the [July 31, 2017] sentence. Although we wanted prison time, it wasn't in the statutes. Thanks to the many victim family members and advocates who came to support Terri [Rick's wife]."
Mr. Black is a volunteer with Americans Against Abusive Probate Guardianship (AAAPG), which was founded in Florida in 2013 by Sam J Sugar, M.D., in response to his own experiences in the Miami-Dade probate court.
My thanks to those who wrote to correct my earlier mistake in describing the history of AAAPG.
August 2, 2017 in Cognitive Impairment, Crimes, Current Affairs, Dementia/Alzheimer’s, Elder Abuse/Guardianship/Conservatorship, Ethical Issues, Health Care/Long Term Care, State Cases, State Statutes/Regulations | Permalink | Comments (1)
Wednesday, July 26, 2017
The National Adult Protective Services Association (NAPSA) and the National Council on Crime and Delinquency announce a free upcoming webinar, The Abuse Intervention Model: A Pragmatic Approach to Intervention for Elder Mistreatment. Set for August 9, 2017 at 2 p.m. edt, the "webinar will present the Abuse Intervention Model (AIM), which is a simple, coherent framework of known risk factors of the victim, perpetrator, and environment that applies to all types of abuse. Dr. Laura Mosqueda will discuss the details of the AIM, and present case studies on how the AIM can be applied to APS work." Click here to register. To read more about the intervention model, click here.
Wednesday, July 19, 2017
Justice in Aging has announced a free webinar on Juhttp://www.justiceinaging.org/webinar-elder-abuse-insight-victims-crimes-act-voca/ly 31, 2017 at 2:00 p.m. edt, Elder Abuse-Insight into Victims of Crimes Act (VOCA). Here is a description of the webiniar
The Victims of Crimes Act (VOCA) supports crime victims programs that assist victims of sexual assault, spousal abuse, child abuse, or other previously underserved victims of crimes. In recent years, VOCA has supported elder abuse programs, including certain specified legal assistance expenses that help crime victims.
Legal aid programs play a crucial role in accessing justice for elder abuse victims. In this webinar, Elder Abuse-Insight into Victims of Crimes Act (VOCA) and Legal Aid Support, Steve Derene, Executive Director of the National Association of VOCA Assistance Administrators (NAVAA), will explain VOCA and its potential for supporting elder justice initiatives in legal services programs. Kathy Buckley, Manager of the Victim’s Services Program at the Pennsylvania Commission on Crime and Delinquency will provide insight into the programs the Commission supports through VOCA.
The webinar will emphasize key details legal aid programs should understand when applying for VOCA funding to support elder justice work.
And did I mention, it's free? To register, click here.
Monday, July 10, 2017
The ABA Commission on Law & Aging and the Virginia Tech Center for Gerontology have released a report, Restoration of Rights in Adult Guardianship: Research & Recommendations. The report is divided into four parts: (1) introduction & background, (2) research on restoration of rights, (3) discussion & recommendations on key issues to restoration, and (4) conclusion. The report runs 69 pages and is available for download as a pdf. Section 3 covers a number of topics, including lack of knowledge of the availability of restoration, review by courts re: continuing need for guardianship, court access, attorney representation (and the attorney's role), the guardian's role, supports available to the person, evidence and evidentiary standards, and data and research. Here is the conclusion
The time is ripe for restoration of rights to be become a viable option for people subject to guardianship. In the context of the emergent paradigm of supported decision-making, restoration can be a path to self-determination and choice. For courts, attention to restoration can weed out unnecessary cases from dockets, allowing a stronger focus on problems needing judicial intervention, and saving administrative costs of carrying unnecessary cases.
To make restoration work:
• State legislation must ensure sufficient notice that the option exists, provide for regular court review of the continuing need for guardianship, afford the right to counsel, and set workable evidentiary standards.
• Courts must assess cases for possible restoration, find ways to make individuals and families more aware of the option, make the process more accessible, take into account available supports in making determinations, and track data on restoration.
• Guardians must perceive their role as enhancing self-determination and working toward termination of guardianship with sufficient support – more as "supporters" guided by the person’s expressed wishes if possible. There must be sufficient legal decision-making tools, family supports, technological supports, and community supports readily available to bolster functional abilities.
• Lawyers must recognize and act on the potential of restoration in guardianship cases.
This study has set the stage for such actions, bringing to life the possibility that guardianship is not automatically an end but can be "a way station and not a final destination."
July 10, 2017 in Cognitive Impairment, Consumer Information, Current Affairs, Elder Abuse/Guardianship/Conservatorship, Health Care/Long Term Care, State Cases, State Statutes/Regulations, Statistics | Permalink | Comments (0)
Monday, June 19, 2017
The Denver Post reported recently that the Denver DA and the Denver Police are taking steps to combat elder and vulnerable adult abuse. Denver DA, police form units to protect elderly, developmentally disabled explains that the DA has created a division within the office on elder abuse. As well the Chief of Denver PD has established a special victims unit for elders and vulnerable adults who are victims of abuse. The DA's division "will focus on physical abuse and neglect crimes against at-risk adults aged 70 or older, as well as adults with intellectual or developmental disabilities ... [as well as] prosecute financial fraud cases that target at-risk adults." The PD unit will work together with DA investigators and social workers to investigate reports.
Colorado uses age 70 for victims of elder abuse, and the law includes mandatory reporting. The law seems to be having a positive effect, based on the statistics in the article: "the number of Denver police investigations related to at-risk adults climbed adults climbed 271 percent from 228 to 847 cases between 2013 and 2016, according to department statistics. Elder abuse cases make up the bulk of the cases. Police investigated 735 elder abuse cases in 2016, a 418 percent increase above the 142 cases investigated in 2013."
Monday, June 12, 2017
Perpetrators of financial exploitation and other forms of elder abuse may exert undue influence to control the decision-making of their victims. Learning to recognize signs of undue influence will help legal and aging network service providers prevent or redress elder abuse and enhance victims’ access to justice.
Lori Stiegel and Mary Joy Quinn, nationally recognized experts on elder abuse and undue influence, will present this advanced webinar, Elder Abuse: The Impact of Undue Influence, to help legal and aging network professionals understand the dynamics and indicators of undue influence, and the relationship of this psychological process to elder abuse and guardianship.
During this training, Lori will discuss the concept and its connection to capacity and consent, tactics and process, and legal remedies. Mary Joy will provide an example of how undue influence is defined in California law and share an undue influence screening tool for Adult Protective Services that lawyers and other professionals should be aware of and can use in their own practice.
To register for the webinar, scroll to the bottom of the page and click on the register now button. .
Thursday, June 8, 2017
World Elder Abuse Day is June 15, 2017. Here is the info from the Administration for Community Living
Each year, an estimated 5 million older adults are abused, neglected, or exploited. Older Americans lose an estimated $2.6 billion or more annually due to elder financial abuse and exploitation, funds that could be used to pay for basic needs such as housing, food, and medical care. Unfortunately, it occurs in every demographic and can happen to anyone—a family member, a neighbor, even you. It is estimated that only one in five of these crimes are discovered.
World Elder Abuse Awareness Day (WEAAD) was launched on June 15, 2006 by the International Network for the Prevention of Elder Abuse and the World Health Organization at the United Nations (UN). WEAAD aims to provide an opportunity for communities around the world to promote a better understanding of abuse and neglect of older persons by raising awareness of the cultural, social, economic, and demographic processes affecting elder abuse and neglect. In addition, WEAAD is held in support of the UN International Plan of Action acknowledging the significance of elder abuse as a public health and human rights issue. This observance serves as a call-to-action for individuals, organizations, and communities to raise awareness about elder abuse, neglect, and exploitation.
Access the latest World Elder Abuse Awareness Day campaign materials available from the USC Center on Elder Mistreatment . Logos, web banners, stationary templates, sample press releases, and more are available.
Tuesday, May 30, 2017
On June 12, 2017, the American Society on Aging, along with the USC Leonard Davis School of Gerontology is launching a 5 week course on elder mistreatment. Here is the course description for Elder Mistreatment: Prevention of Abuse and Neglect:
Elder mistreatment prevention is not restricted to just stopping abuse and neglect before they occur, but also encompasses bringing abuse to an end once it has begun, preventing abuse from recurring in older adults who have already been victimized, and minimizing the damage of abuse when the cycle of abuse can’t be prevented. In this five-week course, USC faculty members will introduce participants to what is known about primary, secondary, and tertiary prevention within the field of elder mistreatment, teaching some options and remedies for protecting existing victims of elder mistreatment and those who have not yet been mistreated.
The courses are open only to members of the American Society on Aging. To join or learn more, click here. The course is one in a series of gerontology courses offered by the partners. More information about the series is available here. (full disclosure, I'm on the ASA board).
Thursday, May 25, 2017
With World Elder Abuse Awareness Day next month, I was particularly interested in the Frameworks Institute Toolkit on talking elder abuse. Talking Elder Abuse is divided into 6 parts: introduction, big picture, anticipating public thinking, guides to key framing, sample communications and other resources.
This toolkit is designed to help experts and advocates who work in this field to increase public understanding of
- why elder abuse is a matter of public concern
- the causes of elder abuse, including the social determinants and environmental factors that can foster the occurrence of abuse, and
- what solutions can most effectively prevent elder abuse, address existing cases, and improve the conditions and wellbeing of those who have experienced abuse.
This toolkit, sponsored by Archstone Foundation, The John A. Hartford Foundation, and Grantmakers in Aging, and in partnership with the National Center on Elder Abuse at the Keck School of Medicine of the University of Southern California, models how to apply the FrameWorks Institute’s evidence-based recommendations to messages and conversations about elder abuse and related issues, in order to build public understanding and support. The kit’s materials include:
- sample communications, such as a “key points” guide and social media content, that can be adapted and repurposed for your organization’s needs
- communications examples that demonstrate the “do’s and don’ts” of the framing recommendations
- graphics that illustrate the key concepts of the recommendations
- annotations that explain the framing strategies being illustrated.
Users are encouraged to borrow toolkit language verbatim if desired—no citation or special permissions are needed—and also to adapt the examples to the immediate needs of a local communications context.
For nearly two decades, FrameWorks research has demonstrated that effective communications can help to engage the public in conversations about complex social issues—such as the causes and consequences of elder abuse and the social policies and programs that can prevent its occurrence and improve the lives of older people in the US. This toolkit is based on the findings of a two-year, multi-method study of elder abuse and aging that queried more than 10,400 Americans’ thinking on these issues. The research included expert interviews, on-the-street interviews, large-scale surveys, and persistence and usability trials. This extensive research included the development, empirical testing, and refinement of the tools and strategies offered in this toolkit.
Wednesday, May 17, 2017
Earlier this month Kaiser Health News (KHN) ran a story about Ombudsman volunteers. Volunteers Help Ombudsmen Give Nursing Home Residents ‘A Voice’ In Their Care discusses the local ombudsman volunteers and their importance regarding a resident's quality of care.
Ombudsman’s offices, which operate under federal law in all 50 states, Washington, D.C., Puerto Rico and Guam, investigated 200,000 complaints in 2015, according to the Administration on Aging, a part of the Department of Health and Human Services.
Of those, almost 117,000 were reported to have been resolved in a way that satisfied the person who made the complaint, and about 30,000 were partially resolved. At the top of the list were problems concerning care, residents’ rights, physical environment, admissions and discharges, and abuse and neglect.
Ombudsmen volunteers have a right to enter a long term care facility and talk to residents or anyone else. They investigate complaints and can find issues on their own, and maintain confidentiality. The article emphasizes the importance of volunteer ombudsmen to the success of the programs. There's more involved than putting your name on a list. Ombudsmen volunteers go through training, must pass background checks, are supervised on a few first visits and attend monthly meetings. The article notes the spectrum of experience held by the volunteers but identifies one commonality, "an abundance of compassion."
Tuesday, May 16, 2017
The Justice Clearing House has announced an upcoming webinar scheduled for June 20, 2017 at 3 p.m. edt. Paul Greenwood, Prosecutor from California will present How to Overcome Barriers to Successful Investigation and Prosecution of Elder Abuse Cases.
Drawing upon his 21 years experience of prosecuting both physical and financial elder abuse and neglect felony cases, Paul will highlight some common misconceptions that often hinder the pursuit of justice for elderly victims. He will provide examples of how such barriers can be avoided and will emphasize the importance of a multi-disciplinary approach that should be led by local prosecutors in every jurisdiction. He will confront likely “excuses” as to why certain cases cannot be prosecuted such as “It’s just a civil matter” or “She has dementia and therefore won’t make for an effective witness” or “he gave the money voluntarily so there is no crime.”
To register, click here.
Monday, May 15, 2017
Here's a seven-minute video on elder financial abuse, focusing mostly on "scam artists," from the Pennsylvania Departments of Aging and Banking & Securities. You might find this useful for classes.
I found the discussion of "mild cognitive impairment" interesting, especially as it allows a conversation about planning without the dreaded words, dementia or Alzheimer's Disease.
May 15, 2017 in Cognitive Impairment, Consumer Information, Current Affairs, Dementia/Alzheimer’s, Elder Abuse/Guardianship/Conservatorship, Estates and Trusts, Ethical Issues, Film | Permalink | Comments (0)
Monday, May 8, 2017
The Elder Justice Initiative (EJI) has announced the release of a guide and toolkit for creating Multi-Disciplinary Teams (MDT). The EJI has an MDT Technical Assistance Center (or MDT TAC). EJI is also offering a free webinar to help users get started creating an MDT. The email announcement explains how to get started:
The Elder Justice Initiative (EJI) is pleased to announce the launch of the new Multidisciplinary Team Guide and Toolkit. The Toolkit is designed for anyone looking to create or grow a local elder abuse MDT, regardless of their experience with MDTs. The web-based Toolkit is enhanced for use on mobile devices and contains easy-to-download PDF sample documents and citations.
On May 30, take a live walk through the Toolkit. The EJI webinar will cover many aspects of the Toolkit, including:
Layout and usability
Highlights from each chapter
Questions and feedback
Thursday, May 4, 2017
The SEC approved: (1) the adoption of new FINRA Rule 2165 (Financial Exploitation of Specified Adults) to permit members to place temporary holds on disbursements of funds or securities from the accounts of specified customers where there is a reasonable belief of financial exploitation of these customers; and (2) amendments to FINRA Rule 4512 (Customer Account Information) to require members to make reasonable efforts to obtain the name of and contact information for a trusted contact person for a customer’s account. New Rule 2165 and the amendments to Rule 4512 become effective February 5, 2018.
The full notice is available as a pdf here. The text of the new rule starts on page 9 of the full notice.
Here is the background from the notice, to give you more information about the reasons behind this rule
With the aging of the U.S. population, financial exploitation of seniors is a serious and growing problem. FINRA’s Securities Helpline for Seniors® has highlighted issues relating to financial exploitation of this group of investors, including the need for members to be able to more quickly and effectively address suspected financial exploitation of seniors and other specified adults The amendments to Rule 4512 and new Rule 2165 provide members with a way under FINRA rules to respond to situations in which they have a reasonable basis to believe that financial exploitation has occurred, is occurring, has been attempted or will be attempted. Members can better protect their customers from financial exploitation if they have the ability to contact a customer’s designated trusted contact person and, when appropriate, place a temporary hold on a disbursement of funds or securities from a customer’s account. (citations omitted)
Take a look!
Wednesday, April 26, 2017
Justice in Aging has announced a free webinar for May 17th, 2017 from 2-3 edt on Elder Financial Abuse & Medicaid Denials. Here is a description of the webinar
Financial exploitation can devastate low-income older adults, especially those who rely on Medicaid for their health and long-term care. For example, older adults who are victims of financial abuse may be denied eligibility for Medicaid because their abuser won’t turn over their bank records. Without Medicaid eligibility, the older adult may be threatened with eviction or involuntary discharge from a nursing home because of nonpayment. Legal services are critical to helping older victims of financial exploitation receive the medical care and services to which they are entitled. Join us for Elder Financial Abuse and Medicaid Denials to learn how to identify victims of elder financial abuse, what problems this exploitation can cause for Medicaid eligibility, and how legal services attorneys can help their older clients receive the benefits they need and prevent future problems accessing Medicaid.
To register for the webinar,https://attendee.gotowebinar.com/register/5875005469626032643?source=SALSA. Did I mention, it's free!
April 26, 2017 in Consumer Information, Crimes, Current Affairs, Elder Abuse/Guardianship/Conservatorship, Federal Statutes/Regulations, Health Care/Long Term Care, Medicaid, Programs/CLEs, Webinars | Permalink | Comments (0)
Sunday, April 16, 2017
The New York Times ran a story a few days ago about preventing financial exploitation. Declaring War on Financial Abuse of Older People starts with the story of a woman who acts when she finds out her grandmother had lost her life savings. (Just fyi, her grandmother's case was featured in a story in the New York Times in 2015). The woman didn't stop with just her grandmother's case, however. First she pushed to get action for her grandmother. Then, the story explains, she "[became] an activist, traveling around her home state of Washington to lecture and testify about the financial exploitation of older Americans. She has also become a lobbyist, exhorting state lawmakers to pass legislation that would toughen penalties for people who take financial advantage of vulnerable older people like her grandmother."
The article notes the variations among state financial exploitation statutes and how some states don't have specific elder financial exploitation statutes
A number of states have laws like this on the books, but they vary widely. According to the National Conference of State Legislatures, which tracks such laws, this type of financial abuse is an active topic in state capitals. Last year, 33 states, as well as the District of Columbia and Puerto Rico, considered measures against the illegal or improper use of seniors’ money, property or assets, in addition to fraud or identity theft targeting the older people.
Some states have shored up their existing laws. Last year, Idaho revised its definition of neglect of vulnerable adults to include exploitation. Illinois extended the statute of limitations to seven years from three for prosecuting a person accused of taking financial advantage of an older person or a person with disabilities.
Also, last year, Alabama passed the Protection of Vulnerable Adults from Financial Exploitation Act, to add a layer of protection to existing laws by requiring brokers and investment advisers who believe a vulnerable adult is being exploited to notify the Human Resources Department and the Alabama Securities Commission.
In those states without the specific statutes, convictions come with lesser penalties than those with specific elder financial exploitation statutes. "Stiffer penalties are necessary to combat a growing drain on the savings of those 60 and over, according to the National Center for Elder Abuse, a federal clearinghouse. In 2015, in Washington state alone, there were nearly 8,000 complaints to adult protective services about financial exploitation, a more than 70 percent increase over 2010. And such crimes are likely to climb simply because the retiree population is growing."
The article also discusses efforts at the federal level, including the Elder Justice Act and the efforts of the Department of Justice.
Thanks to Professor Naomi Cahn for bringing the article to our attention. Congratulations to Naomi and her co-author Amy Ziettlow on the publication of their book, Homeward Bound: Modern Families, Elder Care, and Loss.
Wednesday, April 12, 2017
NAPSA and NCPEA have released a research to practice brief on Correlates of Depression in Self-Neglecting Older Adults: A Cross-Sectional Study Examining the Role of Alcohol Abuse & Pain in Increasing Vulnerability Here is the summary from this one page brief:
Older adults with confirmed self-neglect report high rates of depressive symptoms. It has been estimated that between 50-62% of older adults with confirmed self-neglect suffer from at least sub-clinical levels of depressive symptomatology. Depressive symptoms in this population have been linked to untreated medical conditions. Further study is needed to understand the association between elder self-neglect and depressive symptoms, including studies determining potential correlates of depression in this population. Identifying such correlates could inform clinical social work and other mental health approaches for reducing depressive symptoms and self-neglect behaviors in this population. The cur-rent cross-sectional study reviewed a host of self-reported cognitive, functional, demo-graphic and clinical measures and identified a positive history of alcohol abuse, low self-rated health and pain as significant correlates of depressive symptomatology in older adults with Adult Protective Services (APS) validated self-neglect. Those with a positive screen for prior alcohol abuse were approximately 3 times more likely to have at least sub-clinical depression (Geriatric Depression Scale-15 >4). Having lower self-rated health was associated with a 53% increase in the likelihood of reporting at least sub-clinical depression. Reporting pain was associated with a 37% increase in the likelihood of reporting at least sub-clinical depression. These findings did not allow for establishing a temporal direction between depression, history of alcohol abuse, low self-rated health or pain. Nevertheless, they do provide insight into possible targets for improving out-comes in elder self-neglect populations given their evidence-based associations with both depression and self-management activities including accessing healthcare and completing activities critical for safety and protection.