Elder Abuse

New York Proposes Law to Help Preserve Elderly Victim’s Testimony

Published on: April 20, 2016 | By McCulloch & Miller, PLLC

The New York State Senate has passed a bill that will make it possible for testimony given by elderly witness to be preserved and used in criminal cases against their abusers, even if the elderly person has passed away or become incapacitated.

WHEC reported in its news article, "Senate passes bill to better protect senior citizens from abuse," that the legislation would allow elderly witnesses who are age 75 or older to be examined conditionally to preserve their testimony for future use.

"We have a responsibility to protect our senior citizens," Gallivan said. "Elder abuse, whether physical, psychological or financial, is on the rise as our senior population continues to grow. This legislation helps ensure those who abuse and exploit the elderly are held accountable and do not go unpunished."

Do You Suspect Elder Abuse? Take Action, Houston!

Published on: March 8, 2016 | By McCulloch & Miller, PLLC

One of the biggest reasons not to act when you suspect elder abuse is taking place is simply not knowing what to do. We know who to call for domestic violence or when a child is being abused. But for an elderly neighbor? The same kind of help and the same anonymity is in place – something most of us just don't know.

The Avery (NC) Journal-Times' recent article, "Safe steps when suspecting elder abuse," discusses suggestions from the North Carolina Division of Aging and Adult Services to put your mind at ease. In that state, people are encouraged to contact the local Adult Protective Services (APS), where a trained social worker will visit the neighbor and assess the situation.
Last year the state saw more than 24,000 reports of suspected abuse, neglect, or exploitation, which indicates that many individuals did do something to help their neighbors. But the national statistics say that only 1-in-5 incidents of elder abuse get reported. As a result, many incidents may have gone without any help.

North Carolina's laws require that anyone having reasonable cause to believe that a disabled adult is in need of protective services must make a report to the local Department of Social Services (DSS) APS unit. DSSs are statutorily mandated to receive information reported and determine if the report satisfies the criteria for evaluation. North Carolina law protects adults with disabilities age 18 and older, but the majority of reports involve those who are 60 years of age and older.

Tennessee Taking the Lead in Elder Abuse Legislation

Published on: February 4, 2016 | By McCulloch & Miller, PLLC

Eight specific recommendations are now being reviewed by Tennessee state legislators who are responding to the results of a task force that placed a spotlight on a disgraceful problem. A problem that is not limited to any one state.

The Elder Abuse Task Force submitted a final report on its findings to the General Assembly, according to the WJHL News article "Elder Abuse Task Force submits final report, recommendations to Tennessee General Assembly."

This task force was created as part of legislation from Senator Rusty Crowe and Representative Courtney Rogers after a 2013 Community Watchdog investigation into the state's abuse problem.

Legal Action? Note Statute of Limitations and Move Quickly

Published on: September 3, 2015 | By McCulloch & Miller, PLLC

There is a statue of limitation on every civil action in the United States. This refers to a restriction of the number of years from the time an action takes place until it can be prosecuted through the courts. Failure to act in a timely manner cost one family millions of dollars.

For twenty years before her death at the age of 104, copper heiress Huguette Clark lived in a private room at Beth Israel Medical Center in New York City. When she died in 2011, it appeared that there may not have been any medical reason for her to have been confined to her room.

Her executor filed a lawsuit against the medical center alleging that it had unnecessarily bilked Clark out of millions of dollars due to the confinement and through smarmy friendships. In total, the estate was seeking $95 million from the hospital.

California’s Proposed Changes May Help Seniors

Published on: July 17, 2015 | By McCulloch & Miller, PLLC

By the end of 2015, it is expected that 5.1 million persons age 65 and over will make their homes in California. Add aging baby-boomers to the state’s current migration patterns and it is entirely likely that the state will be home to more than 8.4 million seniors by 2030. A recent report by the Senate Select Committee on Aging and Long Term Care, A Shattered System: Reforming Long-Term Care in California adds clarity to what may become a massive fiscal challenge for the state and its senior residents: “Reliance upon our existing patchwork of programs and services to serve our growing aging and disabled population will result in unnecessary expenditures, inequitable access, and irrelevant services.”

California is trying to make progress in improving the services available to its growing senior population, according to an article in The (Crestline CA) Alpenhorn News titled “Legislative protection for seniors”.

California passed AB 1899 last fall, which required any licensee found to have abandoned residents of a residential care facility to be permanently banned from operating facilities in the state. Also, California legislators passed AJR 29 in 2014. This bill asked for the restoration of federal funding for senior nutrition programs that was reduced by federal cuts, as well as to exempt these programs from future budget cuts. The federal government’s reply to this request is stalled.

Elder Abuse Awareness

Published on: July 16, 2015 | By McCulloch & Miller, PLLC

In a new and dynamic partnership, The Office of the Kansas Securities Commissioner (KSC), the Kansas Department for Children and Families (DCF) and the Kansas Department for Aging and Disability Services (KDADS) recognized World Elder Abuse Awareness Day (WEAAD) earlier in July. WEAAD is a global program created by the International Network for the Prevention of Elder Abuse and the World Health Organization. The primary goal is to provide people around the world with the knowledge and awareness necessary to prevent elder abuse in their communities.

Elder abuse comes in many forms, The Hays (KS) Post explains in a recent article titled “Agencies encourage Kansans to help prevent elder abuse in their communities.” There can be physical, financial, emotional, neglect, or abandonment, with several types of abuse often inflicted at the same time. Financial abuse is considered to be the most common form of abuse to elders, and costs its victims $2.9 billion a year.

Investment fraud is an area of concern because the victims can have their life savings wiped out with little or no opportunity to recover. Investment fraud can come in many forms, the article warns. The investment might be deceptive on its face, or it could be a legitimate product or service that’s unsuitable for the senior’s situation. Other investment problems include unregistered products, theft of funds, and products sold by an unlicensed adviser or broker. Investors and caregivers are urged to “investigate before investing” and to verify if the claims are legitimate and whether there have been any complaints.

Houston Families: Be Aware of Elder Fraud

Published on: May 29, 2015 | By McCulloch & Miller, PLLC

A Walnut Ridge woman was arrested Thursday for forging a will after someone else had died.

Another scammer made the news recently, this time involving a forged will.

KAIT reported the story in an article titled "Woman arrested for forging new will after someone died."

Law Enforcement Offices Join in Fight Against Elder Abuse

Published on: May 19, 2015 | By McCulloch & Miller, PLLC

The Long Term Care Special Prosecutions Unit was created one-year ago and since then, special agents have opened 113-cases, filing five felony charges since last summer. San Diego families in search of quality care are now getting more allies in the fight against elder abuse.

As abuse against seniors is on the rise, the need for elder abuse resources is crucial to fight the mistreatment of our loved ones. We hope Houston-area enforcement agencies follow the lead established in San Diego County.

"Elder abuse is one of those areas that is under reported for a lot of reasons and we've shined a spot light on it here in San Diego County," District Attorney Bonnie Dumanis told sandiego6.com in a recent post titled “D.A. launches new resource to combat elder abuse.”

Oregon Leading Charge On Elder Abuse Awareness

Published on: April 20, 2015 | By McCulloch & Miller, PLLC

As the nation's senior population grows, elder abuse complaints increase as well. The Oregon Department of Justice's Criminal Justice Division is addressing the increasing elder abuse claims by proposing an elder abuse resource prosecutor be added to the staff. Undoubtedly, other states may be adding similar positions as the awareness of elder abuse rises to the forefront.

Funding for the new full-time position is being requested as part of the Oregon Department of Justice's appropriations bill, which is moving through committees.

A recent article in The Oregonian, titled “State prosecutor for elder abuse is proposed for Oregon,” says that in recent years the number of suspected and confirmed cases of elder abuse has been steadily increasing in that state. In fact, in 2013, the Oregon Adult Protective Services received 28,449 reports of potential abuse involving older adults and people with physical disabilities.

Elder Abuse Is Real, and Houston Needs a Solution!

Published on: March 2, 2015 | By McCulloch & Miller, PLLC

How big a problem is impossible to say, because hard data is scarce. “The reality is that we don’t even have national data on the scope of the problem,” Sen. Claire McCaskill (D-Mo.), said at the hearing.

It has been found that much of the financial abuse involving seniors goes unreported. According to a New York State Elder Abuse Prevalence Study, only one in 44 cases is reported. And knowing that makes for a real problem when reviewing some of the data we do have.

It’s a problem that Kathleen Quinn, Executive Director of the National Adult Protective Services Association, called “rampant, largely invisible, expensive and lethal” at a recent Senate Special Committee on Aging hearing on the subject. In fact, as reported in a recent Forbes article titled “Why Elder Financial Abuse Is Such A Slippery Crime,” a new study asserts that financial elder abuse costs $36.5 billion annually—more than 12 times the figures that MetLife has published in the past few years.