Elder Abuse Awareness

Originally posted as a One View Essay in the Wednesday Journal.


Now that the President and Congress appear headed toward a budget deal that may well involve changes to Medicare and Medicaid, perhaps it is wise to take stock of the lives of our senior citizens. More than we know and far too many are in trouble.

July is Elder Abuse Awareness Month. Why is that significant? Studies show that in up to 90% of elder abuse cases, the abuser is a family member or trusted advisor. According to AARP, the financial exploitation of the elderly costs as much as $2.6 billion per year. As part of its findings at the beginning of its recently enacted Elder Justice Act, Congress stated that the “proportion of the United States population age 60 years or older will drastically increase in the next 30 years as more than 76,000,000 baby boomers approach retirement and old age.” It further noted, “each year between 500,000 and 5 million elders in the United States are abused, neglected or exploited.” And perhaps most importantly, “most cases…are never reported.”

What is elder abuse? It comes in many forms. The Illinois Department of Aging, for example, identifies seven types that, in reality, are not mutually exclusive: physical, sexual, emotional, confinement, passive neglect, willful deprivation and financial exploitation. Examples: a Chicago attorney got a call from a bank that his client wanted to withdraw $800,000.00 to give to his caretaker. The caretaker had already induced him to sign over valuable Canadian property. Fortunately, the caretaker is now in a Canadian jail. Then there was the Georgia case in which the decedent’s daughter and her boyfriend “cared” for her mother to gain access to her Social Security checks. In the process, the mother died of extreme neglect. Ultimately, the Georgia Supreme Court upheld a conviction “for felony murder and cruelty to an elderly person.” Similar cases nationwide abound.

At the state level, the majority of states now mandate reporting by professionals and providers who care for seniors. As an example, the Illinois statute is the Elder Abuse and Neglect Act. Under its terms, any person who suspects abuse of someone over 60 can make a report to identified local agencies or the Department of Aging. Certain mandated reporters, such as people engaged in social services, law enforcement and various licensed professions, have to report a belief of elder abuse within 24 hours. And any such reporter is immune from criminal or civil liability or professional disciplinary action for having made the report.

Despite all of these critical legal developments, the General Accounting Office has reported that the single most effective way to identify elder abuse victims is by public awareness. So, for what should we be looking? Among other things, unexplained signs of injury, unusual weight loss, malnutrition or dehydration, significant withdrawals from an elder’s accounts or sudden changes in the senior’s financial condition and evidence of overmedication or undermedication. In other words, any unusual changes in a senior’s life.

The safety nets for the elderly may not be as strong as in the past. Each of us can help improve the quality of life for vulnerable seniors by being as mindful as possible of their circumstances. And that seems well worth doing. As George Harrison wrote years ago, “Even if you’re old and gray…….you’ve still got something to say.”

 

Posted in Elder Abuse Awareness, seniors | Tagged | Leave a comment

Healthcare Power of Attorney – 3 Reasons to Have One

Do any of us really like contemplating what might happen if we can’t care for ourselves because of an accident or serious illness or at the end of our lives? No, of course not. But the failure to plan ahead when we are relatively healthy can have very serious consequences when we’re not.

So, how to plan ahead? A Health Care Power of Attorney is a great place to start. It is a critical document for virtually all of us over the age of 25. It’s not just for the elderly and/or infirm. It provides protection even for a person starting regular employment or a career, often in their 20’s. As we age and health care issues become more frequent, it is just that much more important.

There are three really good reasons to have a health care power of attorney:

1. It allows you to designate a person you trust to make critical decisions for you when you are incapacitated, which can happen at any time, or at the end of your life;

2. It allows to medical professionals to carry out your wishes without having to guess as to the kind of care you might wish to have;

3. It reduces the risk of the wrong decision being made in a very important and highly stressful situation.

How does it work? You as the “Principal” select a person you trust as your “Agent” to act on your behalf and carry out your wishes. And you can designate a “Successor Agent” to serve in the event the Agent cannot.

Take control and stay in control of a significant and often ignored part of your life. And consult an attorney to have a Health Care Power of Attorney properly prepared, as there are certain formalities that by law must be followed for the document to be valid.

Do yourself a big favor and get it done!

ANZVAZ957V47
Posted in Advance Health Care Planning, Blog | Tagged , | Leave a comment
Site by Aidan Feldman