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Showing posts with label Elder Abuse. Show all posts
Showing posts with label Elder Abuse. Show all posts

Friday, July 04, 2014

How the Law Defines Arizona Elder Abuse and Neglect

By Breyer Law Offices on July 4, 2014

If your loved one has become the victim of Arizona elder abuse or neglect, you may not realize right away what has happened or what you can do about it. However, know that Arizona law is on the side of the victims of abuse. According to ARS 13-3623, 46-451, a vulnerable adult is defined as any adult over the age of 18 who cannot protect themselves from an abuser. These same laws define abuse as purposeful actions or neglectful actions, such as confinement, that lead to injuries. Injuries might include bruises anywhere on the body, sores on the body caused by pressure from being grabbed or confined, bleeding, broken bones or fractures, or any other type of injury that causes your loved one physical pain or disrupts their well being.

When to Report Arizona Elder Abuse and Neglect

Sometimes it may be difficult to understand the difference between Arizona elder abuse/neglect and unfortunate situations that lead to accidental injuries. That’s why it is important for you to understand situations that are not okay. These include:
  • Any person hitting or kicking, pushing or shoving, tripping, scratching, cutting, pinching, grabbing, or otherwise injuring an elderly individual

Sunday, June 15, 2014

World Elder Abuse Awareness Day June 15, 2014

World Elder Abuse Awareness Day
VICTORIA – Health Minister Terry Lake and Parliamentary Secretary to the Minister of Health for Seniors, Linda Larson issued the following statement in recognition of World Elder Abuse Awareness Day on June 15:

“Elder abuse can take various forms – it is not always obvious. It can be a family member who continually borrows money but does not repay it, a caregiver over-medicating a senior in their care, or a contractor who over charges for home repairs or maintenance.

“Too often the victim feels shame, embarrassment or fear to challenge or report the abuse or is in a situation of dependency and relies on the perpetrator for care, or transportation. In some instances, the abuser and the victim may not even recognize the actions, or inactions, as abuse or neglect.

http://www2.news.gov.bc.ca/news_releases_2013-2017/2014HLTH0064-000813.htm


Image acl.gov

Friday, June 13, 2014

June is Elder Abuse Awareness Month


By Nancy LaFever / Posted on 12 June 2014
June is Elder Abuse Awareness MonthDespite raised awareness about elder abuse, one in 10 seniors have endured physical, emotional, or financial abuse according to the U.S. Department of Health and Human Service’s National Center on Elder Abuse. Research shows that those seniors with dementia are at even higher risk of abuse. To spotlight this troubling issue, theAssisted Living Federation of American (ALFA) reports it will have events all month as reminders that elder abuse continues to be an often undetected and unrecognized problem. A worldwide issue, June 15th is the official date recognizing World Elder Abuse Awareness Day.
Citing ageism as a societal issue that is closely related to elder abuse, in June the ALFA is “refocusing and rethinking the way society views older adults and promoting acknowledgement that seniors have an equal right to happiness.” The organization suggests people contact any media, groups and businesses working with older adults to make them aware of Elder Abuse Awareness Month to plan related coverage and activities. Family members, staff of senior communities, and residents are encouraged to wear purple ribbons as acknowledgment of this important cause.

Saturday, June 07, 2014

World Elder Abuse Awareness Day, June 15th

World Elder Abuse Awareness Day, June 15th

What is World Elder Abuse Awareness Day?

Each year, hundreds of thousands of older persons are abused, neglected, and exploited. In addition, elders throughout the United States lose an estimated $2.6 billion or more annually due to elder financial abuse and exploitation, funds that could have been used to pay for basic needs such as housing, food, and medical care. Unfortunately, no one is immune to abuse, neglect, and exploitation. It occurs in every demographic, and can happen to anyone—a family member, a neighbor, even you. Yet it is estimated that only about one in five of those crimes are ever 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. The purpose of WEAAD is 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 in support of the United Nations International Plan of Action acknowledging the significance of elder abuse as a public health and human rights issue. WEAAD serves as a call-to-action for individuals, organizations, and communities to raise awareness about elder abuse, neglect, and exploitation.

http://www.aoa.gov/AoA_programs/Elder_Rights/EA_Prevention/weaad.aspx


Image bizjournals.com

Tuesday, April 29, 2014

Elder Abuse and the Law #2- From Civil & Criminal Perspectives


2014-04-28135146.jpg
We had our second discussion on elder abuse with our previous speakers, Mr. Greenwood and Mr. Bryant. What financial exploitations are there in elder abuse? What are some preventions? Find out more...
Speakers: 

Paul Greenwood                                    Joel R. Bryant
Deputy District Attorney                          Attorney at Law
Head of Elder Abuse Unit                        Green Bryant & French, LLP
Family Protection Division
Phone: (619) 531-3464                       Phone (619) 239-7900 (Ext. 113)
Email: paul.greenwood@sdcda.org       Email: jbryant@gbflawyers.com

Tuesday, December 10, 2013

Pennsylvania House on Aging Conducts Hearing on Elder Abuse Issues

The House Aging & Older Adult Services Committee conducted another in a series of public hearings on the issue of elder abuse and possible changes in the Older Adult Protective Services Act and other statutes to better protect Pennsylvania’s growing senior population. Today’s hearing emphasized the perspective of law enforcement and others involved in elder law. Testimony was presented by a panel that included representatives from the Medicaid Control Section and the Elder Abuse Unit within the Office of the Attorney General; Montour County District Attorney Rebecca Warren; and the Pennsylvania Association of Area Agencies on Aging. Testimony deal primarily with financial exploitation and fraud, neglect, and thefts of drugs from older adults. Check the Capitol Toolbox later today for the full story.

http://www.fyibypls.com/2013/12/house-aging-conducts-hearing-on-elder-abuse-issues/

Thursday, November 14, 2013

Illinois Department of Aging - Adult Protective Services

Preventing Abuse of Older Persons and Adults with Disabilities Who Live in the Community

Effective July 1, 2013, legislation was passed by the General Assembly to expand the Departments current Elder Abuse and Neglect Program to prevent abuse, neglect and financial exploitation of people with disabilities between the ages of 18-59 living in the community.
Icon indicating that the publication is in the PDF formatThe Adult Protective Services Program is locally coordinated through 45 provider agencies, which are designated by the regional Area Agency on Aging and the Department on Aging. Case workers from these agencies conduct investigations and work with adults with disabilities and seniors in resolving abusive situations. All abuse caseworkers are trained and certified by the Department.
What is Abuse?
Reporting Abuse
After a Report is Made
Preventing Financial Exploitation

http://www.state.il.us/aging/1abuselegal/abuse.htm

Wednesday, November 13, 2013

Illinois Department of Aging Legal Services

The Department’s Legal Services Developer, an attorney, provides legal advice to the Adult Protective Services and Ombudsman Provider Agencies. The Area Agencies on Aging fund local legal services for older people, and the Legal Services Developer oversees the program and provides technical assistance upon request.

The senior legal assistance provider offices, of which there are 21 around the state, provide legal services to Illinoisans 60 years of age or older. Legal assistance providers advocate for and represent older clients in civil cases – particularly those involving...
  • elder abuse and neglect,
  • financial exploitation,
  • consumer fraud,
  • landlord-tenant relationships,
  • nursing home residents’ rights, and
  • conflicts over benefit programs such as Medicare, Medicaid, Social security and pensions.
They also...
  • help with simple estate planning, living wills, and powers of attorney,
  • perform research and
  • conduct educational programs regarding legal rights on a wide variety of legal issues.
Each provider serves a specific geographical area, usually several counties.

Monday, November 11, 2013

Post Number 200 - It takes a Village

We are marking our 200th post here at Illinois Social Media Law and choose to include:

Tumblr Ma6hr3Sduw1rrefay
It Takes a Village to Protect the Elderly
We’ve all heard the saying, “It takes a village to raise a child.” The premise is that while parents have the primary responsibility for raising a child, there will be others who will be influential in the child’s life and will play a role in that child’s development. Those individuals may be members of the extended family, teachers, coaches, religious leaders, neighbors, or friends of the family. As professional advisers who touch the lives of elderly clients, it’s time we adopt the same premise when it comes to protecting these individuals from abuse – it will take all of us.
If you take a quick look through the American Bar Association’s Elder Law section, you will find no shortage of news regarding episodes of elder care abuse.
  • “Caregiver used legal documents to siphon $350K from elderly man’s assets, prosecutors say”
  • “Judge accused of stealing elderly neighbor’s $1.6M life savings resigns from bench”
  • “Lawyer accused of embezzling $500K from her own grandmother gets probation”
  • “Staff of reclusive heiress coerced her out of $44M in gifts, executor says”
  • “Man v. Mom: Son seeks to evict his mother, 98, from her home of nearly 60 years”
  • “Insurance agent gets jail time for selling annuity to elderly woman; he denies recognizing dementia”
http://www.whitecoinsurance.com/it-takes-a-village-to-protect-the-elderly/

PS - what greater village than that offered to us by Social Media?

The task facing those who would like to encourage older Americans to take advantage of the resources that are out there on Social Media platforms is one of education.  There are plenty of centers that offer classes in Internet use, Basic Computer skills, etc but few that offer comprehensive coverage of Social Madia sites. This is the task that faces all involved in Elder Education regarding the Internet.


Elder Abuse Prevention - Elder Abuse, Legal Services, Illinois Department of Aging

Reporting Elder Abuse has gotten a lot easier in the last few years. A good place to begin is at the Illinois Department of Aging:

The Department works to protect the rights of senior citizens. provindes links to Legal Services and prevent elder abuse.

http://www.state.il.us/aging/1abuselegal/abuselegal-main.htm


  • The Elder Abuse and Neglect Program works to prevent abuse, neglect and financial exploitation of senior citizens living in the community.

  • The Illinois Long Term Care Ombudsman Program protects and promotes the rights and quality of life for people who live in long term care facilit


  • Legal Services – The Illinois Department on Aging provides legal services to Senior Illinoisans 60 years of age or older. Legal assistance providers advocate for and represent older clients in civil cases – particularly those involving elder abuse and neglect, financial exploitation, consumer fraud, landlord-tenant relationships, nursing home residents' rights, and conflicts over benefit programs such as Medicare, Medicaid, Social Security and pensions.

    Advance Directives and legal cautions to consider when preparing Power of Attorney and Living Will forms.
  • Saturday, November 09, 2013

    Elder Abuse and Social Media - Libraries, Community Centers, Nursing Homes

    Older Americans are far more computer literate than most folks like to think. A visit to any Chicago Public Library, Senior Center, or equipped nursing home will find available pc's filled, and normally with a waiting list. Most older citizens are Net Savvy and take advantage of the many offerings that the Internet has available. Public Libraries, Community Centers and Nursing Homes also provide training classes year round which are normally filled with eager students of all ages.

    One of the most easily facilitated forms of elder abuse is passive neglect.  I saw an example just the other night here, at our north side facility.

    An older woman, quite heavy and wheel chair-bound, was sitting with me, and when she asked for help in getting the assistance of one of our CNA's, I had to walk across the room, and ask the worker three times.

    Finally, he came to the assistance of the woman, she was wheeled off to the bathroom, and all was settled.  This is an example of PASSIVE NEGLECT - simply doing nothing, while the elder is ignored.  I'd only seen it once here, since our facility, has an excellent staff, but it does happen.  Other examples of this form of abuse follow:

    Elder abuse is the least recognized form of family violence.
    (The following information is based on the Illinois Elder Abuse Annual Report 2006)
    Elder abuse takes many forms, and in most cases victims are subjected to more than one type of mistreatment. In Illinois, 58% of elder abuse reports allege financial exploitation; approximately 22% allege physical abuse; 39% allege active or passive neglect; and 43% allege emotional abuse.
    • Physical Abuse – causing the infliction of physical pain or injury to an older person.
    • Sexual abuse – touching, fondling, or any other sexual activity with an older person when the older person is unable to understand, unwilling to consent, threatened, or physically forced.
    • Emotional abuse – verbal assaults, threats of abuse, harassment, or intimidation so as to compel the older person to engage in conduct from which she or he has a right to abstain or to refrain from conduct in which the older person has a right to engage.
    • Confinement – restraining or isolating an older person for other than medical reasons.
    • Passive neglect – the failure by a caregiver to provide an older person with the necessities of life including, but not limited to, food, clothing, shelter, or medical care, because of failure to understand the older person’s needs, lack of awareness of services to help meet needs, or lack of capacity to care for the older person.
    • Willful deprivation – willfully denying assistance to an older person who requires medication, medical care, shelter, food, therapeutic device, or other physical assistance, thereby exposing that person to the risk of harm.
    • Financial exploitation – the misuse or withholding of an older person’s resources to the disadvantage of the elderly person and/or the profit or advantage of another person.
    http://www.state.il.us/aging/1abuselegal/abuse_what-is.htm

    While nursing home abuse and neglect exist, most of the cases go un-reported.  We'll get to that at another time, but for now we'll examine non-nursing home abuse and neglect.

    The poor elderly are most at risk, since their defenses against the abuse are very limited.  Often, even if they do have a phone, or access to email, they lack the abilities to use them.  The abusers are fully aware of these loop holes in elder care and exploit them to their advantage.

    Frequently, the cause of abuse is not malicious intent, but simply a desire not to be bothered.  Not making a bed, or changing a person (which can result in bed sores) are examples seen frequently. Not providing proper nourishment and medication as required are other types of abuse often seen.

    The greater the degree of mental disease or dementia, the greater the potential for abuse, most often through neglect.  Financial exploitation is another area where this occurs. I personally know a man in our facility who was swindled out of $50,000.00 via forged checks.  Though he has the evidence. he is having a difficult time getting the States Attorney to follow up on it. A visit to the Chicago Police has also resulted in no action so far. I actually saw this man in tears, since his mobility is limited by a walker, he is very frustrated and feels abandoned by the law.

    Reporting abuse is simple via the Illinois Department of Aging, but the elderly are often not aware of the options at their disposal.  Often they do not have the proper phone numbers, and access to the Internet is limited in the general population, living with family, friends, or independently

    A good place to begin the process of doing something about abuse is the Illinois Department of Aging.

    Saturday, October 12, 2013

    Illinois earns an "F" in Nursing Home Care, Ranking 42nd in the Nation

    CHICAGOSept. 12, 2013 /PRNewswire/ -- The following statement was issued today by The Rooth Law Firm:
    The state of the nation's nursing homes are horrid. Illinois nursing homes managed only a single passing grade.  The abysmal numbers speak for themselves - 96 percent of Illinois' nursing homes were cited one or more deficiencies and one in four were cited for severe deficiencies.