Elder Abuse and Neglect Law Blog

Seattle Police Say Elder Abuse a Serious Issue in WA State

Catherine Fleming — Fri, 04 May 2012 09:51:24 -0800

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

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

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

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

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

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

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

http://www.tpcrimestoppers.com/

Settlement Finally Reached for Estate of Prominent Elder, Brooke Astor

Catherine Fleming — Thu, 05 Apr 2012 15:28:05 -0800

The story of Brooke Astor is perhaps one of the more amazing stories of financial elder abuse. Ms. Astor, a prominent figures in the New York social scene, was known for her wealth, style and philanthropy. Initially revealed in 2006, Brooke Astor's only child, Anthony ("Tony") Marshall was indicted on criminal charges that included grand larceny, possession of stolen property, forgery and conspiracy.

Convicted in 2009 on charges such as grand larceny and falsifying business reports, Marshall had abused his power of attorney to his mother's estate by selling it and forging her signature in the third codicil of his will with Astor's former lawyer, Francis X. Morrissey. Their amendment would have left the entire estate to Marshall. This directly contradicted Ms. Astor's previously articulated intent and desire to give a large portion of her estate to charity.

Last Wednesday, a settlement was finally reached that would cut Tony Marshall's share to $14.5 million. $12.3 million will be paid out of the estate to the Manhattan D.A.'s office for the prosecution of Mr. Marshall.

Of the proceeds, some $20 million will go to the Metropoliation Museum of Art. $15 million will go to the New York Public Library. A $30 million fund will also be established to improve education in New York.

World Famous Billionaire Victim of Identity Theft

Catherine Fleming — Fri, 30 Mar 2012 10:55:58 -0800

If even a key figure in the development of electronic security can fall prey to identity theft, you know that virtually no one is immune to this type of fraud. Paul Allen, 59 year old co-founder of Microsoft and billionaire was an identity theft victim to an AWOL soldier who stole his debit card.

Indeed, Mr. Allen is not quite a senior citizen in Washington State (to qualify as a senior citizen in WA, one must be either 65 or older or 60-64 years old and work less than 20 hours/wk). However, one could easily imagine that he has an entire team of staff who manage and guard his finances. Regardless, a 28 year old AWOL soldier, Brandon Lee Price, gained access to Mr. Allen's debit card, asking the bank to send it to his address in Pittsburgh.

Allen's spokesman pointed out, "Clearly, it's a reminder that anyone can be a victim of [id theft]... It certainly is a surprise and a reason for everyone to make sure that all that stuff is properly cared for and monitored."

Over 50% of Elder Financial Abuse Cases Involve Own Family Member

Catherine Fleming — Fri, 23 Mar 2012 12:10:23 -0800

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.

Fresno Woman Investigated for Ripping Off Senior Citizens

Catherine Fleming — Fri, 09 Mar 2012 12:01:15 -0800

A woman in Fresno, CA, Sharon Harrelson, 55, is being investigated by local police for elder financial abuse. Elderly people, such as Michael Wyrick, trusted Ms. Harrelson and thought she was a friend, when depositing money directly into her account. She convinced these senrios that she could help them with their long term care by hiding their assets.

To qualify for Medi-Cal, these vulnerable adults entrusted her with tens of thousands of dollars. Police began investigating her in 2009, and alerted her employer about her possible criminal activities.

An investigator reported that Harrelson actually admitted to her employer that she had embezzled some money when they did an audit. She was fired soon thereafter.

Sadly, this type of situation is multiplying across the country, including in the Pacific Northwest. Contact Stritmatter Kessler Seattle nursing home/elder abuse injury attorneys, if you believe someone you love is getting fleeced.

Oregon Senate Approves Bill To Curb Elder Abuse

Catherine Fleming — Fri, 02 Mar 2012 11:38:38 -0800

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

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

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

Bring the "Silent Epidemic" to an End

Catherine Fleming — Thu, 16 Feb 2012 15:34:12 -0800

Earlier this month, a group of Senators renewed their efforts to protect seniors from elder abuse iwth the Elder Protection and Abuse Prevention Act. Democratic Senators, Richard Blumenthal, Al Franken, Sheldon Whitehouse, and Robert Casey introduced this bill, to craft a range of comprehensive elder abuse prevention

The bill prods more third parties to stop elder abuse when they can do so. Federal definitions of elder abuse, neglect, and exploitation would be toughened. The definitions would be better aligned with the two prior bills that adressed this issue: the Elder Justice Act and the Older American Act. Those bills never defined elder financial abuse, which is a problem of epidemic proportions among seniors in our country,

Additionally, the bill requires better coordination of elder abuse justice programs nationwide and expands the National Adult Protective Services Resource Center to provide additional services and guidance to states. The measure would also require the development of best practices for elder abuse screening and increase support for state prevention, assessment, and response services.

Each of the senators who introduced the bill touched on the fact that the exploitation has gone on for decades will little notice from those in a position to stop it. Senator Casey noted that, “we must bring this largely silent epidemic of elder abuse to an end.

Population of 90+ Year Old Tripled Within 3 Decades, Will Quadruple by 2050.

Catherine Fleming — Fri, 13 Jan 2012 10:21:30 -0800

The Census Bureau reports some sobering statistics: The segment of our population that is 90 years old or older has tripled in the past three decades to 2 million. The number is projected to quadruple by 2050.

As the economy continues to limp along and the aging population jumps, an increasing number of elderly people are forced to turn to their younger relatives. Unfortunately, these family members don't always have their vulnerable elders' best interest in mind. This is one of the key reasons why elder financial abuse is growing at epidemic proportions.

A recent USA Today article addresses this troubling problem, reporting the opening of the first elder abuse shelter in Ohio. Despite the statistics that point to widespread abuse, the total number of elder abuse shelters in this country are in the single digits, Non profit groups fund all of them.

Word still needs to get out that our the elder abuse problem is cutting across socio-economic lines.

Don't Ignore the Elderly

Catherine Fleming — Fri, 06 Jan 2012 11:43:15 -0800

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.

Frontline Reveals Sad & Shocking Story About Elder Abuse

Catherine Fleming — Thu, 22 Dec 2011 15:24:57 -0800

Frontline revealed a sad story that may stun those who do not know much about the rise of elder abuse in this country. Its investigators focused on a number of cases, one of which was that of aretired U.S. government scientist, Shepter had spent his final years in a Mountain Mesa, CA nursing home. A stroke had paralyzed much of his body, while dementia had eroded his ability to communicate.

Mr. Shepter died in January 2007 at 76, His nursing home chief medical officer explained on his death certificate that his cause of death was heart failure due primarily to clogged arteries. Shepter's family did not question this and the local coroner did not probe further.

Then, a tip off from a nursing home staffer led state officials to reexamine the case and find a set of different conclusions. They found that Shepter had actually died from a combination of illnesses, most related to poor care, including an infected ulcer, pneumonia, dehydration, and sepsis. Powerful antipsychotic drugs also likely sped up Shepter's demise, which often have lethal side effects for elderly patients.

Prosecutors charged that nursing home medical officer, Dr. Pormir, along with two of his former colleagues with killing Shepter and two other residents at that home. The criminal case is ongoing, while health care regulartors have already severely restricted his license and fined the home $150,000.

Frontline investigators learned the following, which I hope will help inform any of you who may have recently faced a death of a loved senior:

When treating physicians report that a death is natural, coroners and medical examiners almost never investigate. But doctors often get it wrong. In one 2008 study, nearly half the doctors surveyed failed to identify the correct cause of death for an elderly patient with a brain injury caused by a fall.

In most states, doctors can fill out a death certificate without ever seeing the body. That explains how a Pennsylvania physician said her 83-year-old patient had died of natural causes when, in fact, he'd been beaten to death by an aide. The doctor never saw the 16-inch bruise that covered the man's left side.

Autopsies of seniors have become increasingly rare even as the population age 65 or older has grown. Between 1972 and 2007, a government analysis found, the share of U.S. autopsies performed on seniors dropped from 37 percent to 17 percent.