Friday, April 23, 2021
Despite being referred to as the “model minority”, elder abuse is prevalent in the Chinese community.
Core values of filial piety and family harmony profoundly shape the response to elder mistreatment among this population.
Definitions of psychological abuse and financial exploitation in the Chinese community are unique compared to other populations.
Experiences of immigration and acculturation shape an older Chinese immigrant’s experience of elder mistreatment.
Intervention recommendations include involving family members in educational/support programs, improving communication between elders and adult children, emphasizing traditional cultural values, and increasing care and support for victims, especially women.
After discussing a number of factors, the research brief offers tips for working with the victims and adding to the body of research.
The next research brief, Mistreatment of Korean Elders , offers these takeaways:
Filial piety, family harmony, and patriarchal values profoundly shape the response to elder mistreatment in the Korean community.
Definitions of psychological abuse and financial exploitation among Korean elders are unique compared to other populations
Immigration and acculturation experiences shape an older Korean’s experience of elder mistreatment.
Korean elders are less likely to seek outside help or disclose family problems.
Promising intervention strategies include providing educational information on financial abuse, improving communication between elders and adult children, involving indigenous healthcare providers and religious leaders in elder abuse education, and increasing help-seeking behaviors.
After the discussion of the issues, the research brief offers tips for working with Korean elders and adding to the body of research.
Thursday, April 15, 2021
Kaiser Health News ran an interesting story about aid in dying in Montana. Getting a Prescription to Die Remains Tricky Even as Aid-in-Dying Bills Gain Momentum
[I]n 2009, the Montana Supreme Court had, in theory, cracked open the door to sanctioned medically assisted death. The court ruled physicians could use a dying patient’s consent as a defense if charged with homicide for prescribing life-ending medication.
However, the ruling sidestepped whether terminally ill patients have a constitutional right to that aid. Whether that case made aid in dying legal in Montana has been debated ever since. “There is just no right to medical aid in dying in Montana, at least no right a patient can rely on, like in the other states,” said former state Supreme Court Justice Jim Nelson. “Every time a physician does it, the physician rolls the dice.”
The article discusses the legislative efforts on both sides of the issue. Fascinating story!
Tuesday, March 23, 2021
DOJ's Elder Justice Initiative is offering this webinar, Tackling Transnational Robocall Scams: The Importance of State and Federal Partnerships on April 13 at 2 eastern time. Here's info about the webinar
Consumers report losing approximately $500 million per year to phone scams. Phone scammers often impersonate government officials, such as officials with the Social Security Administration, FBI, IRS, and local law enforcement entities. This webinar will discuss what the scams are and how they work. It will delve into local and state law enforcement’s vital role in the fight against these scams. It will also describe investigative techniques that state and local law enforcement can use in the fight against transnational scammers. Finally, it will touch upon public education tools that can help community members protect themselves from scammers.
Jolee Porter, Assistant US Attorney, Northern District of Georgia, currently detailed to the Transnational Elder Fraud Strike Force at the US DOJ Consumer Protection Branch
Senior Special Agent Jon Heslep, Office of Inspector General, Social Security Administration
Detective Margaret Moore, Aiken Department of Public Safety, South Carolina
To register, click here.
Friday, March 19, 2021
Educate yourself on the various scams, how they work and how to protect yourself by listening to these 7 podcasts from the New York Times. 7 Podcasts About the Art of the Scam "delve deeper into scam stories you may already know from the headlines ... and also illuminate some less familiar, like the extraordinary saga of how thousands of people were conned into blowing their life savings on a plot of worthless land in California."
Thursday, February 18, 2021
Register now for two upcoming webinars.
1. Webinar: Financial Protection for Older Adults During the COVID-19 Pandemic set for Feb 23, 2021 at 1 eastern.
Join experts from the Consumer Financial Protection Bureau (CFPB), the Federal Communications Commission (FCC), and ACL on Tuesday, February 23 at 1 pm ET for a free webinar on financial protection of older adults during the COVID pandemic. The FCC will begin the program with an overview of coronavirus-related phone scams targeting older adults. The CFPB will share resources to help older adults address the financial impact of the pandemic. HHS will conclude the webinar with a discussion of the role of the aging services network.
Click on FCC live link to join the webinar on Feb 23 at 1 eastern.
2. A series of 3 webinars from the DOJ Elder Justice Initiative;
- March 4th 2pm EST | Programs for Older Adults Who Have Experienced Financial Exploitation. Learn about three distinct programs designed specifically for older adults who have experienced financial exploitation. Register here.
March 23rd 2pm EST | The Path Forward: One MDT’s Journey to Address the Impact of Racial Injustice on Their Work. The Hennepin County Minnesota Adult Protection/Law Enforcement Multi-Disciplinary Team “MDT” provides a model case study of the impact of racial injustice on their work as an elder abuse MDT in Minneapolis. Register here.
April 13th 2pm EST | Tackling Transnational Robocall Scams: The Importance of State and Federal Partnerships Features a Federal and State partnership that successfully fought against computerized autodialing “robocall” scammers. Register here
February 18, 2021 in Consumer Information, Crimes, Current Affairs, Elder Abuse/Guardianship/Conservatorship, Federal Statutes/Regulations, Programs/CLEs, State Cases, State Statutes/Regulations, Webinars | Permalink | Comments (0)
Tuesday, February 9, 2021
In case you missed these, here are two recently released resources on fighting elder abuse. The latest elder abuse roll call video is on an elder abuse guide for law enforcement interviewing older adults. It is part of a series of roll call videos. all of which are available here.
As well, there is an update to a toolkit, Supports and Tools for Elder Abuse Prevention (STEAP) Initiative Toolkit Updates. The updated toolkit can be accessed here.
Friday, February 5, 2021
DOJ announced a settlement, Marketing Company Agrees to Pay $150 Million for Facilitating Elder Fraud Schemes
Epsilon Data Management LLC (Epsilon), one of the largest marketing companies in the world, has entered into a settlement with the Department of Justice to resolve a criminal charge for selling millions of Americans’ information to perpetrators of elder fraud schemes.
Epsilon entered into a deferred prosecution agreement (DPA) with the Consumer Protection Branch of the Justice Department’s Civil Division and the U.S. Attorney’s Office for the District of Colorado in connection with a criminal information charging the company with one count of conspiracy to commit mail and wire fraud.
Under the terms of the DPA, which the parties submitted to the district court in Denver on Jan. 19, 2021, Epsilon agreed to pay a total of $150 million, with $127.5 million of that amount going to compensate victims of the fraudulent schemes that used consumer data sold by Epsilon. Epsilon also agreed to implement significant compliance measures designed to safeguard consumers’ data and prevent its sale to individuals or entities engaged in fraudulent or deceptive marketing campaigns. Further, the DPA requires Epsilon to maintain a procedure for consumers to request that it not sell their information to others.
Thanks to Professor Podgor for sending this to me. It's nice to read good news!
Thursday, January 28, 2021
A new GAO report was released last week. ELDER JUSTICE: HHS Could Do More to Encourage State Reporting on the Costs of Financial Exploitation offers fast facts, highlights and the report, all available for download or access via the links. Here are the fast facts:
Financial exploitation of elders—illegal use of their funds or property—affects the victims, their families, and society. Estimated financial costs to victims are in the billions.
Most state-run adult protective services agencies have provided some data on financial exploitation of elders to the Department of Health and Human Services. But it's hard to collect the data because
not all incidents of exploitation are reported to state agencies
victims can be reluctant to implicate family members or caregivers
HHS and state data systems may not align
We recommended that HHS work with state agencies to improve the data on financial exploitation.
Consider this from the report:
Studies estimate some of the costs of financial exploitation to be in the billions,
but comprehensive data on total costs do not exist and NAMRS [National Adult Mistreatment Reporting System] does not currently collect cost data from APS agencies. The Consumer Financial Protection Bureau found actual losses and attempts at elder financial exploitation
reported by financial institutions nationwide were $1.7 billion in 2017. Also, studies published from 2016 to 2020 from three states—New York, Pennsylvania, and Virginia—estimated the costs of financial exploitation could be more than $1 billion in each state alone. HHS does not currently ask states to submit cost data from APS casefiles to NAMRS, though officials said they have begun to reevaluate NAMRS with state APS agencies and other interested parties, including researchers, and may consider asking states to submit cost
data moving forward. Adding cost data to NAMRS could make a valuable contribution to the national picture of the cost of financial exploitation. Recognizing the importance of these data, some APS officials GAO interviewed said their states have developed new data fields or other tools to help caseworkers collect and track cost data more systematically. HHS officials said they plan to share this information with other states to make them aware of practices that could help them collect cost data, but they have not established a timeframe for doing so.
January 28, 2021 in Consumer Information, Crimes, Current Affairs, Elder Abuse/Guardianship/Conservatorship, Federal Statutes/Regulations, Health Care/Long Term Care, State Statutes/Regulations | Permalink | Comments (1)
Tuesday, January 26, 2021
There have been some stories about the impact COVID is having on the prison population. A news station in Denver, CO ran this story a while back, Broncos players join campaign to release medically-vulnerable inmates during pandemic. The ACLU in Colorado has an effort underway to get the Colorado governor to grant clemency to low-risk prisoners. The sidebar on the ACLU page gives examples of folks in prison who are medically-compromised but likely low risk if released. The Marshall Project has a state by state list of COVID in prisons, concluding about 20% of prisoners have COVID. The Federal Bureau of Prisons also has information covering COVID in prisons, which includes their modified operations plans. Although in person visits were suspended, a November update indicated those would be resumed, with safeguards. With the latest surges, I expect those will again be suspended.
And although prisons are "COVID hotspots," prisoners may not be high in priority for the COVID vaccine per a recent article in the Washington Post, Prisons are covid hot spots. But few countries are prioritizing vaccines for inmates.
Since this is the elderlawprof blog, are you wondering what this has to do with Elder Law? Just google "elderly prisoners and covid" and look at the results. Here are a few:
- Supreme Court denies request from geriatric prisoners seeking Covid relief
- COVID-19 and the Compassionate Release of the Elderly, Infirm or High Risk
- Sick, elderly prisoners are at risk for covid-19. A new D.C. law makes it easier for them to seek early release.
- Pandemic underscores need to release more elderly prisoners | COMMENTARY
January 26, 2021 in Consumer Information, Crimes, Current Affairs, Federal Cases, Federal Statutes/Regulations, Health Care/Long Term Care, State Cases, State Statutes/Regulations | Permalink | Comments (0)
Tuesday, January 19, 2021
A DOJ press released announced that a Home Health Aide [has been] Charged in Twenty-Two Count Indictment for Stealing Elderly Clients’ Identity, Banking, and Credit Card Information and Using it to Commit Financial Fraud.
According to allegations contained in the indictment and previously filed criminal complaint, for over a year starting in January 2019, Cofer worked as a home health aide servicing senior citizens in the South Florida community. During that time, Cofer gained access to her elderly clients’ social security numbers, dates of birth, bank accounts, credit cards, and other information. Without the knowledge or consent of these elderly clients, Cofer allegedly used the information to steal money from bank accounts, open unauthorized credit card accounts, deposit unauthorized checks, make herself an authorized user on credit accounts, make unauthorized purchases of items such as a mannequin head and wig stand, pay her mobile phone, insurance, and other bills, and send money to a prison inmate, among other things.
The press release notes that additional information, including "court documents and information" here www.flsd.uscourts.gov. Use case #s 20-MJ-8273 and 21-CR-80003-Middlebrooks.
Thursday, January 7, 2021
Mark your calendars for January 21, 2021 at 2 p.m. eastern for a webinar on Elder Abuse Prevention, Intervention, and Remediation from the National Center on Law and Elder Rights.
Everyone who works with older adults has a role to play in prevention, intervention, and remediation of abuse, neglect, and exploitation. Helping starts with understanding the landscape of elder abuse and the service providers and systems involved in addressing abuse. This legal basics training will provide an overview of the fundamentals of abuse, neglect, and exploitation and the signs and signals of abuse that attendees can reference in their daily lives and work.
At the end of this training, participants will be able to:
- Describe the three stages of responses to abuse
- Apply basic definitions of abuse, neglect, and exploitation
- Identify risk factors or signs of abuse, neglect, or exploitation
- Identify the differences between undue influence, exploitation, and fraud
- Describe added risks in a time of COVID-19
To register, click here.
Thursday, December 24, 2020
Although in truth, there is no "season" for scammers. They operate year round. The only thing that changes is the scam. The Washington Post a few weeks ago highlighted this with the following story, A professor thought he was sending money to help federal officials catch human traffickers. It was a scam.
The story seemed hard to believe, but whatever doubts the professor said he harbored melted away as the purported agent unspooled detail after detail of the man’s life. He knew his Social Security number. He listed properties the man had purchased 20 years ago and knew the banks he used.
** *Government impersonation scams are an exploding category of crime with losses increasing tenfold from $12.5 million in 2017 to $124 million in 2019, according to the FBI’s Internet Crime Complaint Center. The FBI, U.S. Marshals, IRS and police departments nationwide have reported issues in recent years, but the Social Security Administration (SSA) has been one of the hardest hit.
Friday, October 9, 2020
As many of our regular readers know, I grew up in Phoenix, Arizona. One of the developments I have followed over the years is the number of homeless residents of Phoenix. I'm a cyclist in my spare time and one of my regular downtown bike routes in Phoenix takes me past an ever-growing encampment. In addition, a large park near my parents' home now serves as a daytime gathering spot for many. In the scorching heat of the summer, and the desert cold of the winter, there are more and more people without adequate shelter. The New York Times recently pointed out that in contrast to historical statistics suggesting that nationwide, "elderly" persons make up a small percentage of the homeless population, in the last few years we are seeing a surge among older adults. See Elderly and Homeless: America's Next Housing Crisis, a feature article published on September 30, 2020, that, in part, profiles the issues in Arizona.
So, it was with great interest that I read a report on a federal appellate decision, limiting the ability of municipalities to use criminal laws to penalize individuals, in an attempt to discourage or remove people who are living on the streets. The report is by one of Dickinson Law's third year law students, Jacqueline Stryker. She writes in part:
"The city of Boise, Idaho attempted to fight homelessness in the community through a combination of its public camping ordinance and its disorderly conduct ordinance. In Martin v. City of Boise, 920 F.3d 584 (9th Cir. 2019), the 9th Circuit Court of Appeals considered whether the Eighth Amendment’s prohibition on cruel and unusual punishment bars a city from criminally prosecuting people for sleeping outside on public property when those people have no shelter. The Court concluded that it does. A municipality cannot criminalize people who sleep outside when no sleeping space is practically available in any shelter. "
Ms. Stryker observes in her conclusion, "Whether the decision of the Ninth Circuit in Martin will gain traction a local governments grapple with the growing problem of homelessness and homeless encampments is yet to be seen."
For more of Ms. Stryker's timely, concise case analysis, see: Municipal Efforts to Combat Homelessness.
Thursday, October 1, 2020
We encourage the use of these best practice tips to aid your communication efforts:
• When anticipating a need to hire a new role on your team, screen for bilingual or multilingual candidates.
• Identify members among your team who speak other languages who you know can assist with outreach when connecting with people who speak different languages.
• Establish a list of translated basic phrases, such as “Do you speak English?”.
• If someone is contacting you by phone and has reception issues (Are they trying to reach you from somewhere remote or out of the country?), try to obtain as much information as possible to contact the person back, in the hopes of establishing a clearer second communication attempt.
• For people requesting information with language barriers or who may be hard-of-hearing, slow down your speaking pace, pronounce words clearly, and repeat phrases when necessary.
The full list of tips is available here.
Wednesday, August 26, 2020
The DOJ announced a guilty plea in a huge prize notification scam, Defendant Pleads Guilty In Multi-Million Dollar Prize Notification Scam Affecting Elderly Victims.
Here's some of the salient information
A Las Vegas area resident charged with perpetrating a prize-notification scheme that bilked victims out of more than $10 million pleaded guilty... to conspiracy to commit mail fraud based on her participation in a scheme that preyed upon hundreds of thousands of victims, many of whom were elderly and vulnerable, with fraudulent prize notices. The notices led victims to believe that they could claim a large cash prize if they paid a small fee. This was false; victims who paid the fees did not receive anything of value.
. . .
“The defendant and her co-conspirators exploited the elderly and vulnerable by bombarding them repeatedly with false promises of wealth,” said Acting Assistant Attorney General Ethan P. Davis of the Department of Justice’s Civil Division. “Today’s guilty plea demonstrates the Department’s continuing commitment to bring to justice those who prey upon the elderly.”
The good guys win! Thanks to my colleague, Professor Podgor, for alerting me to this.
Friday, July 24, 2020
APS TARC has released a new brief, Trauma-Informed Approach for Adult Protective Services. This brief includes a discussion trauma and of "The Four Rs of a Trauma-Informed Approach" (realize, recognize, respond and resist). The brief includes information from experts in the field, discusses COVID and APS, and then concludes
As outlined in this brief and highlighted by the guest experts above, there are tools to approach recent challenges posed by COVID-19 using trauma informed approaches. APS research and practice was already beginning to understand the critical intersections between adult maltreatment and trauma and now it’s time to pivot quickly and move forward with research, practice, and training for all levels of APS staff using a trauma-informed framework.
The American Public Human Services Association (APHSA), recommends these steps for organizations to “Lead Ahead” during times traumatic times:
Vision - Developing a vision for moving forward
Ask questions – Be curious, be direct
Plan – Develop a plan
Respond – Execute the plan
Innovate – Practice continuous quality improvement (CQI)
(American Public Human Services Association, 2020)
All the APHSA steps listed above can be conducted through a trauma-informed approach framework to cultivate safety, support and resiliency. The road ahead, in light of the COVID-19 pandemic, will be challenging to navigate for everyone. Let us all maintain and grow the resiliency of leadership, staff, and clients to move from urgent, trauma response to recovery response and planning in the days and weeks ahead.
Monday, June 8, 2020
Oklahoma Legal Aid Services Update: 3rd Annual Memorial Elder Abuse Symposium Goes Virtual, Starting June 15
This year, the Sonya L. Patterson Elder Abuse Symposium hosted annually by Legal Aid Services of Oklahoma, will take place over the course of several weeks, in bite-size programming, rather than in a single, all-day conference format. In light of the online setting, the organizers are also able to open up registration and attendance to interested people outside of Oklahoma; however, there are limits on the number who can attend each session, so I recommend registering early. In past years, the symposium has drawn an audience of attorneys, law enforcement and social workers, with CLE credits available.
I'm very pleased for the opportunity to be a speaker this year. In addition to attorneys and judges, the speakers include health care professionals and bankers. The program honors the life and advocacy of a young Oklahoma public interest attorney, Sonya L. Patterson, who passed away far too soon in 2015, as the result of an accident at the age of just 30.
Here's the line up for the midday Symposium Webinar Series , with all sessions taking place on Central Daylight Savings Time:
Session 1: Monday, June 15th (11:00 am to 1:45 pm)
- The Psychic Effect on Victims of Elder Abuse by Family and/or Caregivers- Dr. Nancy Needell, M.D., Weill Cornell Medicine
- Attorney Responsibility to Client’s Ward or Principal- Rick Goralewicz, Staff Attorney, Legal Aid Services of Oklahoma
Session 2: Monday, June 22nd (11:00 am to 1:15 pm)
- Financial Exploitation of the Elderly- Justice Scott Roland, Oklahoma Court of Criminal Appeals with Elaine Dodd, Executive Vice President/ Fraud Division at Oklahoma Banker's Association and Jennifer Shaw, Oklahoma Securities Commission
- Extreme Home Takeover: Dealing with the “Concerned Relative”- Katherine C. Pearson, Professor of Law at Dickinson Law, Pennsylvania State University, Carlisle Pennsylvania
Session 3: Wednesday, June 24th (11:00 am to 1:15 pm)
- Elder Abuse General Topic- Stacey Morey, Oklahoma Attorney General’s Office, Chief of Consumer Protection Division
- Experts: Identifying and Utilizing in Elder Abuse Litigation- Kara Vincent, Attorney, Barber and Bartz
Session 4: Monday, June 29th (11:00 am to 1:15 pm)
- Domestic Violence and Seniors- Melissa Brooks, Staff Attorney at Legal Aid Services of Oklahoma and Gail Stricklin, Attorney at Law
- Abuse in Institutional Settings- William Whited, State Long Term Care Ombudsman and Nicole Snapp-Holloway, Attorney at Maples, Nix and Diesselhorst
Session 5: Wednesday, July 1st (11:00 am to 1:15 pm)
- Incompetency, Incapacity and Vulnerability- Mark Holmes, Attorney at Holmes, Holmes and Niesent, PLLC, Travis Smith, Attorney at Holmes, Holmes and Niesent, PLLC and Cathy Wood, Adult Protective Services
- Isolation and Loneliness- Laurel Dinkel, LCSW, Norman, Oklahoma
Click HERE for access to registration information for individual sessions or the entire series. My thanks to Oklahoma Legal Aid Staff Attorney Rick Goralewicz for the invitation.
June 8, 2020 in Advance Directives/End-of-Life, Cognitive Impairment, Consumer Information, Crimes, Current Affairs, Dementia/Alzheimer’s, Elder Abuse/Guardianship/Conservatorship, Ethical Issues, Housing, State Cases, State Statutes/Regulations, Statistics, Webinars | Permalink | Comments (0)
Saturday, June 6, 2020
From a sad, powerful story about one of many deaths at Isabella Geriatric Center, carried in the New York Times:
A little after 1 in the afternoon, Aida Pabey got the call from the nursing home: Her mother was not going to make it. It was April 6, nearly four weeks after the state had barred all visitors to nursing homes, and Aida and her sister, Haydee, had been struggling to get even the most basic information about their mother. Was she eating? Had the coronavirus reached her part of the home?
Now this dire call. Just the day before, the sisters had been assured by an aide that their mother was “fine.”
They were both detectives in the New York Police Department, 20-year veterans. They were used to getting information, even from people determined to withhold it. But the nursing home had been a black box.
They raced to the home. Haydee got there first and managed to get upstairs. Aida, arriving second, identified herself as a crime scene investigator and brought safety gear. “I had my face shield, my bootees, my mask, my gloves,” she said. The security guard refused to let her in. “No. It was, ‘No way.’”
For more read, When Their Mother Died at a Nursing Home, 2 Detectives Wanted Answer. As one of our Blog's readers has commented recently, "we need to go a step deeper to the ROOT cause of these serious breaches of safe practices in care facilities."
June 6, 2020 in Cognitive Impairment, Consumer Information, Crimes, Current Affairs, Dementia/Alzheimer’s, Elder Abuse/Guardianship/Conservatorship, Ethical Issues, Health Care/Long Term Care, Housing, State Cases, State Statutes/Regulations, Statistics | Permalink | Comments (0)
Wednesday, June 3, 2020
Not surprising, but come on scammers. Well anyway, there's a proliferation of scams tied to COVID, not that any of us should find this unexpected. See, e.g., Corona Virus Scams, recently published in the ABA Senior Lawyers Division magazine, Voice of Experience.
So it was good news to see The Protecting Seniors from Emergency Scams Act would help prevent scammers from taking advantage of seniors during the coronavirus pandemic and future emergencies introduced in the Senate. Here's the info about the bill:
The Protecting Seniors from Emergency Scams Act directs the Federal Trade Commission (FTC) to report to Congress on scams targeting seniors during the coronavirus (COVID-19) pandemic and make recommendations on how to prevent future scams during emergencies. The bill also directs the FTC to update its website with information that will help seniors and their caregivers access contacts for law enforcement and adult protective agencies, and directs the FTC to coordinate with the media to distribute this information to ensure seniors and their caregivers are informed.
Keep an eye on this bill; hopefully it will get some traction!
Tuesday, May 26, 2020
The American Bar Association Commission on Law & Aging (COLA) has released their annual update of elder abuse statutes. The chart runs 61 pages, is organized by state, and can be accessed here.
The chart includes statutes & case law, mandatory reporters, when & how to report as well as other resources. Bookmark this-it's an important resource!