“ELDER ABUSE” – THE CRIME OF THE 21st CENTURY
We are being reminded constantly that the older generation is the fastest growing section of the U.S. population. As prosecutors, we need to take heed of the various statistics so that we can prepare now to meet the challenge of responding to the needs of a graying society. For example, experts say that for every one elder abuse case reported – 14 more cases are not reported, and projections are that America’s 65+ population will nearly triple to more than 70 million by the year 2030. More than 2 million elder Americans are victims of neglect or mal treatment every year.
Within five years, the term elder abuse will be as familiar as spousal abuse and child abuse are now. Historically, law enforcement has largely ignored cases involving elderly victims. Police officers have tended to stereotype elderly victims, prosecutors have been reluctant to allow seniors to testify and judges have underestimated the impact of the crime of elder abuse upon the victim. This article is intended to shatter some of the myths associated with elder abuse and prosecuting crimes against the elderly.
Most states have specific statutes in their criminal codes that provide for “elder abuse” crimes; yet, few prosecutorial agencies take advantage of such laws because of outdated perceptions about seniors. Some classic stereotyping of seniors is :
Elders make poor historians
Elders are senile
Elders are fragile
Elders are long winded
Elders are grumpy
Very often, police officers write incomplete crime reports where the alleged victim is elderly because of an unfounded belief that the victim is incapable of providing sufficient information that can lead to a successful prosecution. Prosecutors have the responsibility to train and educate officers about the need to thoroughly investigate all cases of suspected elder abuse and to prepare law enforcement agencies for the anticipated influx of such cases in the next five years.
Elder Abuse takes two basic forms – that of physical and financial abuse. Within those two broad categories lie other subcategories. The main branches of physical Elder Abuse are :
Assault and battery – primarily inflicted by either :
a.
Opportunists who target the elderly in the streets by muggings and robberies
b.
Family members [typically sons, daughters and grandchildren] who systematically wield aggression against the elderly relative or
c.
Careproviders who out of a sense of frustration lash out in anger against the victim
Neglect – caused by a willful or deliberate failure by the careprovider to provide basic services of hygiene, medical support or nutrition to the victim
Sexual assault – usually against a female Alzheimer’s patient in a facility by an employee of that facility.
Psychological abuse – normally in the form of verbal threats by a family member. Such threats can include hints of personal violence if the victim fails to deliver on financial “commitments”.
Financial Elder Abuse includes:
Theft of personal effects – usually, jewelry and antiques [by a careprovider]- which inevitably end up in the local pawn shop
Theft of individual checks from the back of the checkbook [by a careprovider]
Misuse of the ATM Card by the perpetrator after gaining the trust of the victim
Credit card fraud – after the perpetrator has successfully forged the victim’s details in a new credit application that has been obtained without the victim’s consent or knowledge
Theft of assets such as savings, stocks, or real property by use of a power of attorney or quitclaim deed
Scams by professionals who target the elderly – using such methods as:
a.
Telemarketing fraud such as bogus charity schemes, illegal sweepstakes, and false investments
b.
Door to door salespeople who convince the elderly victim to engage in labor services for a new roof, driveway or other home improvement
c.
Exchanging the senior’s assets in return for a false promise of “life time care”
Prosecutors are learning to establish successful and effective Elder
Abuse prosecution units, that address the following:
1.
Training of police to perform thorough investigation of all suspected elder abuse crimes.
2.
A public awareness campaign which informs the community as to the correct channels for reporting suspected cases of abuse.
3.
Educating key personnel such as Adult Protective Services caseworkers, emergency room nurses and doctors, paramedics and fire officers.
4.
Performing outreach to such financial institutions as banks, credit unions and stock broker firms.
Police training:
Law enforcement should be encouraged to treat any suspected cases of elder abuse with the same amount of enthusiasm and dedication as any other serious crime. Training should be given in the area of interviewing techniques, the importance of photographs and videotaped victim interviews, and in spotting red flags and indicators of abuse. Officers need to understand their duty to cross-report to Adult Protective Services and to make enquiries from neighbors, relatives and close friends of the elderly victim. In financial abuse investigations, officers should not dismiss the matter as “civil” simply because of the existence of a Power of Attorney.
Public Awareness Campaign:
Most counties throughout the United States have a 1-800 telephone number that is reserved for reporting suspected cases of elder abuse. However, the majority of the public does not know of this number and have never heard of Adult Protective Services (APS). Prosecutors should orchestrate community efforts to create billboards and posters and public service announcements on local television and radio. Slogans such as “abuse is getting old” are an effective means of getting the message out to the public. The number of calls being reported to APS will undoubtedly increase after such a public campaign.
Educating Key Personnel:
Prosecutors have a unique opportunity to train personnel who find themselves dealing with elders in need.
APS workers – after the initial referral is made via the 1-800 number a caseworker is assigned to pay an unannounced call upon the senior. This worker needs training in the area of red flags of abuse so that it will be known when to bring in law enforcement.
Emergency Room personnel – sometimes an elderly patient will appear at a hospital suffering from injuries sustained from an assault or because of neglect. Medical practitioners need to be able to differentiate between accidental and intentionally inflicted injuries. The victim may be unwilling to explain truthfully the cause of such injuries and it will be up to the triage nurse to obtain as many details as possible regarding the patient’s living conditions and the events leading up to the patient’s arrival at the hospital.
Paramedics – sometimes these personnel are the first responders to a domestic call for assistance where an elderly person is in need. If the paramedic is not trained to observe certain indicators of abuse or neglect, there is a danger that the police will not be called to the scene.
Fire officers – like paramedics, fire personnel are often the first responders to the home of an elderly victim. They also require training to spot potential abuse or neglect.
Outreach to financial institutions:
The venue for many crimes of financial elder abuse is the bank, credit union or stockbroker firm. The perpetrator will often take the elderly victim into the financial institution in order to prepare a Power of Attorney or arrange for a transfer of monies. The staff at these institutions should be made aware of the various techniques that are used to exploit seniors and should be encouraged to be more vigilant in approving alterations to existing financial arrangements. For example, staff members should learn to discuss such alterations with the elderly customer in private, away from the elder’s companion. Some states have already established protocols – notably Massachusetts and Oregon – and these protocols provide excellent resources for other states. Several states are enacting laws that provide immunity to banks when reporting a suspected case of financial elder abuse to Adult Protective Services or to law enforcement.
Seniors and the court system :
For many seniors, this will be their first exposure to the criminal justice system. They often have fears, misconceptions and feelings of reluctance. Prosecutors are helping seniors by taking care of their special logistical, medical, and personal needs as well as providing a comfortable environment for the elder while waiting in court.
Profile of a physical abuser.
In many cases, the physical abuser will be the son of his widowed mother. He is either divorced and has come back to live at home with Mom because of financial pressures borne by the divorce or he is single and has never left home. He tends to be aged late thirties to mid-forties while his mother is usually in her mid to late seventies. In the majority of cases, the son is lazy and unemployed. He will have used a variety of excuses as to why he is unable to work, and his mother has accepted such excuses. He is addicted to either alcohol [normally beer], narcotics, or gambling. In order to feed his habit, the son extracts money from his mother. There may come a time when the mother refuses to provide any more money, and this tends to be the flash point for violence. The son may grab his mother’s arms and shake her, or may push her into furniture or may throw an object at his mother. Typically, the mother will not immediately call the police out of a sense of failure or shame. Often, it is neighbors who hear the altercations between the son and his mother but they may also be reluctant to involve the police.
Red flags/indicators of elder abuse:
The victim may become increasingly withdrawn from the community and much more dependent upon the perpetrator. If an unannounced visit by a caseworker from Adult Protective Services is made, the perpetrator may insist that “this is not a good time.” An excuse that the victim is sleeping or is unwell may be given. Even if access is given, the suspect may try to prevent a private conversation between victim and social worker by leaving the door open or by hovering over the victim. Family and friends who attempt to make telephone calls are prevented from speaking directly to the victim.
In financial transactions at a bank, the suspect will attempt to control the conversation with the bank official and will endeavor to speak on behalf of the victim. The bank clerk may be told that the elderly customer is unwell or hard of hearing. The suspect will justify the need for a power of attorney or will insist that any withdrawals are made in cash.
Over the next few years Elder Abuse will become one of this country’s major crimes. Prosecutors are (or are in the process of) preparing now to meet this challenge and develop an expertise so that we can aggressively prosecute the escalating group of criminals who are preying upon our elderly population.
We also encourage the public, if they suspect that an elder neighbor or friend is the target of abuse, to call their APS or the police in their area and report their suspicion.