Elder Abuse A hidden epidemic

By Paul Shipp

KANSAS LEGAL SERVICES

BEWARE OF FINANCIAL EXPLOITATION One of the most vulnerable groups in America today is the elderly. The elderly suffer all forms of abuse; including physical and emotional abuse, however, an often forgotten form of abuse is that of financial abuse, also known as financial exploitation. A recent survey of various financial institutions with elderly clients revealed that 83 percent of the institutions suspected that some of their elderly clients were victims of financial exploitation. Forms of suspected exploitation included exploitation of the elders' finances by substance-abusing relatives, roommates, neighbors, attendants at a nursing facilities, or boarders; other forms of exploitation include misappropriation of cash or belongings; and abuse of the power of attorney. A survey was done of a small number of banks in the New York City, and it revealed that the most common forms of financial exploitation of their elderly customers were forgery, misappropriation of funds, abuse of joint accounts, and abuse of the power of attorney. The responding banks said that the most common person taking advantage of the elderly client was a relative. It is shocking, but only 43 percent of the banks said they always reported the exploitation. Most banks never report the exploitation for fear of backlash or worry about lawsuits.

In Kansas all officers of banks are required (mandatory reporters) to report financial abuse to the authorities. K.S.A. 39-1402. Under the current law the persons working in banks who even suspect abuse must report it, or they could face criminal charges. Bank employees should have no fear of lawsuits as they are granted immunity. You may know of someone who is being taken advantage of, and you should report it to law enforcement. Here are some clues that someone is being exploited financially:

· Unusual activity in a bank account, including activity inconsistent with the victim's ability, such as the use of an automatic teller machine on an account of a bedridden elder,

· New acquaintances of the elder expressing a desire to reside with the elder;

· Loss of amenities, such as the disconnection of utilities, when the elder is known to afford such amenities; or sudden decline in health and/or hygiene of the elder, as money may be spent items wanted by the person exploiting the elder (illegal drugs or even frivolous purchases) and not the elder’s medication or other supplies;

· Depression, especially when an onset occurs when a new roommate or relative has moved in;

· New signees or unusual activity on credit cards, for example, someone purchasing items that are of no use to the elder.

· Suspicious signatures on documents, particularly if the

elder is capable of writing as one who can sign for himself/herself can sign and needs nobody to sign for him or her.

If you know of an elderly person who is being exploited financially and they live at home call 800-922-5330, and if they reside in a nursing home-type facility call 800-842-0078 and report it. Some forms of financial exploitation occur when con artists trick individuals into participating in investment scams or bogus charitable organizations. Newsweek recently reported that 5 million elderly people are victims of financial exploitation every year, and that an enormous number of baby boomers are heading for retirement, putting America on the verge of an elder fraud epidemic. Many cases of exploitation go unreported by seniors because many are either too embarrassed about being duped or unaware that the theft is happening. Individuals should be cautious of participating in “too good to be true” investment opportunities. If it is “too good to be true” then it probably is not true. If you know of a scam or are a victim you should report it the Kansas Attorney General Consumer Hotline: (800) 432-2310. When our country experiences disasters many come to you seeking a financial donation. It is best to stick to well-known organizations and decline to give out funds to organizations you have never heard of.

Another form of financial exploitation occurs when identities are stolen. Often, the elderly neglect to check their credit reports to be certain nobody is taking advantage of them. The law allows everyone to get a free copy of their credit report annually from all three of the major credit reporting agencies. Getting a copy of your credit report can be accomplished by one of three ways:

1. www.annualcreditreport.com; 2. Calling the toll free number of: 877-322-8228 3. Completing an Annual Credit Report Request Form and

mailing it to “Annual Credit Report Request Service” P.O. Box 105281, Atlanta, GA 30348-5281; the form can be obtained online or can be provided to you by a local Kansas Legal Services Office.

Always remember, “An ounce of prevention is worth a pound of cure!” and protect yourself and those around you. If you are age 60 or over and have more specific questions about protecting yourself or reporting financial exploitation please call the Kansas Elder Law Hotline at 1-888-353-5337, or you can set up a time to meet with a Senior Law Project Attorney in your area. The Senior Law Project Attorney is funded by your local Area Agency on Aging.

PROTECT YOURSELF REPORT ABUSE! Whether old or young abuse of all kinds (physical, sexual, emotional, or financial) is something one does not have to put up with. The Elderly are especially vulnerable to being

abused, and many families are in denial that abuse of elders has occurred in their own homes. Occasionally we read of some shocking incident of elder abuse in a nursing home. We read of nursing home staff that has neglected to treat the elderly in their care, or even worse that have actively beaten or injured the person in a malicious way. Stereotypically many believe that the elderly are more likely to be abused by nursing homes, or other professionals who work in private professional institutions. Many elderly fear the nursing home or other institutional setting because of the belief that they will be abused and/or neglected in such a setting. Shockingly, the statistics paint a different picture. Did you know that most incidents of elder abuse do not happen in a nursing home, or in a nursing-home type facility? The reality is only about four percent of older adults live in nursing homes, and the vast majority of nursing home residents have their physical needs met without experiencing any abuse or neglect. Most elder abuse and neglect takes place within the confines of the home. The usual abusers are family members, other household members, and paid (home health) caregivers, the very persons society trusts the most. The most common relationships of victims (60 and older) to alleged perpetrators were adult children (32.6%) and other family members (21.5%), according to a 2004 Survey of State Adult Protective Services. Even more shocking was the fact that the likely abuser is female.

There is no single pattern of elder abuse in the home. At times the abuse is a continuation of long-standing patterns of physical or emotional abuse within the family. It is more common that the abuse is related to changes in living situations and relationships brought about by the older person’s growing frailer, and becoming more dependent on others around them for companionship, and for meeting basic needs. The following example was taken from a recent online publication addressing the topic of Elder Abuse; it outlines a common scenario:

Agnes, 85 years old, lost her husband last year. Because of her own problems with arthritis and congestive heart failure, Agnes moved in with her 55-year-old daughter, Emily. The situation is difficult for all of them. Sometimes Emily feels as if she’s at the end of her rope, caring for her mother, worrying about her college-age son and about her husband, who is about to be forced into early retirement. Emily has caught herself calling her mother names and accusing her mother of ruining her life. Recently, she lost her temper and slapped her mother. In addition to feeling frightened and isolated, Agnes feels trapped and worthless.

It is understandable for the Elderly who are in a position similar to Agnes' to feel helpless, but they should not because help is available. While it is true that the infirm or mentally impaired are more vulnerable to abuse, those who do not have those obvious risk factors can also find themselves in abusive situations. If you are in an abusive situation do not tolerate it, because legal remedies are available, and those remedies should be utilized.

YOUR REMEDIES!

1. Call the police. If you are being subjected to physical abuse of any kind you should call the police. Doing such a thing could drastically change any given situation, and it could possibly land a family member or friend in jail; however, your safety is more important.

2. Contact Adult Protective Services. 800-922-5330 (Statewide Hotline, reporting only open 24 hrs a day; FAX written reports 785-296-0470); Explain the situation to them and have them open an investigation.

3. Report abuse to your doctor or other professional. If you cannot contact Adult Protective Services (because you are afraid to make the attempt) directly then you should tell your doctor and ask him or her to remain a confidential informant. You can usually make a report to your doctor in confidence and ask that the information shared remain in confidence. Taking this step protects you, as your doctor will not (should not/cannot) disclose what you told them to the family member or abuser. Under Kansas Law your physician is a mandatory reporter and will notify authorities. Usually Adult Protective Services will get involved and open an investigation. If abuse is confirmed then Adult Protective Services will work closely with other agencies (including law enforcement) to ensure your health and safety.

4. Contact your local Family Crisis Center. By calling the following number. . . 888-363-2287 you can be placed in touch with a local crisis center to get help.

5. Talk to an Attorney. Call the Elder Law Hotline (Toll Free) 888-353-5337.

If you are a caregiver and believe you have been abusive, or are in danger of abusing an older person in your care, there is help available for you as well. You should find ways of giving yourself a break and temporarily relieving the tension

of having total responsibility for an older person who is completely dependent on you. There are many local respite or adult day care programs to help you, contact your local Area Agency on Aging for help. If you suspect abuse, do not allow your fear of meddling in someone else’s business stop you from reporting your suspicions. You could be saving someone’s life, and drastically improve the quality of their life; call the police or Adult Protective Services. Paul Shipp Managing Attorney Kansas Legal Services

The information in this booklet is provided as a public service by Kansas Legal Services, It was compiled by Paul Shipp (Managing Attorney in the Flint Hills Offices of Kansas Legal Services). It was written to provide you with helpful information regarding the subject matters covered. This publication must not be used as a substitute for the advice of an attorney. If you require legal advice then you should seek out a qualified, competent attorney. Distributed by the Flint Hills Offices of Kansas Legal Services, 104 South Fourth Street, Manhattan, KS 66502; Phone: 785-537-2943.

For assistance with Elder Law Questions, Call: 1-888-353-5337 If you need any of the articles contained within this pamphlet in larger print or alternative media so that you can review it please feel free to contact the Flint Hills Offices of Kansas Legal Services directly. Anyone may copy and reproduce the information contained herein so long as no fee is charged to the recipient.

Copyright © 2013 By

Kansas Legal Services

This publication may be reproduced and distributed provided it is done at no cost to the recipient.

Funded in part by the

North Central Flint Hills Area Agency on Aging

Kansas Legal Services offers Free and Reduced Cost Legal Services. If you need help with a legal problem you may want to contact us, we serve the entire state of Kansas: 800-723-6953

(Marilyn Harp, Executive Director)