Category Archives for Elder Abuse

Senate Task Force Calls for Action to Combat State’s Growing Elder Abuse

Published in the Woonsocket Call on June 30, 2019

With the 2019 General Assembly Session ending Friday, June 28, Senator Cynthia Coyne (D-District 32, Barrington, Bristol, East Providence), who led the Senate’s Special Task Force to Study Elderly Abuse and Financial Exploitation, successfully spearheaded an effort to pass legislative proposals to beef up the state’s efforts to combat elder abuse, that is growing and vastly under reported.

“The prevalence and projected growth of elder abuse and exploitation is deeply troubling, particularly in light of our findings that its full extent can’t be known because it is so rarely reported or investigated,” said Coyne in a statement announcing the release of the Senate Task Force’s final report. “As the baby boomers become seniors and our elderly population grows, it’s critical that we do everything we can to protect older Rhode Islanders from this abuse. We are confident we can make significant improvements to prevent elder abuse and exploitation, and I’m grateful for the commitment of my colleagues in the Senate to this issue,” says Coyne.

The Senate Task Force, began studying the prevalence and impact of elder abuse and financial exploitation in Rhode Island last December, releasing its final report June 28, in Room 313 on the third floor of the statehouse, calling for education about elder abuse and monitoring efforts to prevent it.

Rhode Island Elder Abuse Incidents Are Increasing

The 130-page report, citing data supplied by the Rhode Island Division of Elderly Affairs (RIDEA), warns that elder abuse and financial exploitation in the Ocean State is prevalent and incidents are increasing. According to RIDEA, “there were 1,377 confirmed cases of elder abuse in 2017, which is 444 cases more than only five years prior. As the nation’s population of people age 65 and over is expected to double by 2060, the problem is expected to continue growing. Among the recommendations is that the state collaborate with existing community organizations and support outreach and education efforts that specifically focus on seniors and those who interact with them.”

Elder abuse is underreported, too, says the Senate Task Force report, noting that “Only 1 in 23 cases of elder abuse is reported to adult protective services.“ The report recommends strengthening outreach and education efforts for the public, health care workers and others who interact with seniors, and working to dispel stigmas so seniors will be better enabled to report abuse.

The Senate Task Force report also warns that older Rhode Islanders are also extremely vulnerable to financial exploitation, caused by a multitude of factors including a senior’s health, life savings and technology now available to electronically transfer money. With this problem expected to continue growing, it calls for better education for passage of legislation similar to a Connecticut law that requires training for agencies that employ individuals to care for seniors. Another recommendation is to consider a law like one in Delaware to allow financial institutions to place a hold on accounts when they find suspicious transactions.

The Senate Task Force also recommends supporting the Saint Elizabeth Haven for Elder Justice and its enhanced Training and Services to End Abuse in Later Life grant program, and strengthening services available through the POINT, the senior resource service at the Division of Elderly Affairs.

Passed Elder Abuse Legislation Heads to Governor’s Desk for Signature

As the result of this Senate Task Force, in the final days of the General Assembly, Coyne and Rep. David A. Bennett (D-District 20, Warwick, Cranston) introduced legislation (S 0603A, H 5573) to combat tackle the issue of elder abuse in the Ocean State. The legislation, expanding an existing law that requires people who have reasonable cause to believe a person age 60 and over is being abused, neglected or mistreated to report it to the Division of Elderly Affairs, which will report the incident to law enforcement if appropriate and intervene, was passed an now heads for the Governor’s desk for signature. .

Currently, health care providers and others who come into contact with elderly or disabled people in health care facilities are required to report suspected abuse or neglect within 24 hours. The enacted law adds a section of law requiring reporting of suspected abuse, exploitation, neglect or self-neglect of people over age 60, regardless of whether they live in a health care facility. It also expands the list of those required to report suspected abuse to include physician assistants and probation officers and protects employees who report abuse from liability (unless they are found to be a perpetrator) or negative consequences at work for reporting abuse or neglect.

The Rhode Island General Assembly also passed legislation (S 0845A, H 6114) sponsored by Coyne and Rep. Patricia A. Serpa (D-District 27, West Warwick, Coventry, Warwick). The legislation requires the collecting municipal probate data to access the guardianship program, as well as to seek federal grants to support education, monitoring and resources for guardians. It also recommends a nationwide criminal background check for anyone seeking guardianship or limited guardianship of another adult, even temporarily. Under the bill, anyone who is found to have been convicted or plead nolo contendere to charges for a variety of crimes, including violent crimes or crimes involving abuse or neglect of elders, would be disqualified.

Members of the task force include Senator Coyne; Senator Sandra Cano (D-District8, Pawtucket); State Long-Term Care Ombudsman Kathleen Heren; Special Assistant Attorney General Molly Kapstein Cote; Mary Ladd, chief of program development at the Rhode Island Division of Elderly Affairs; AARP- Rhode Island Associate State Director John DiTomasso; State Police Detective Kyle Shibley; Warwick attorney Mark Heffner; and Saint Elizabeth Haven for Elder Justice Director Jeanne Gattegno.
With the release of its report this month, Coyne’s Special Task Force to Study Elderly Abuse and Financial Exploitation, is off to a good start by giving the Rhode Island General Assembly a legislative road map needed to protect vulnerable Rhode Island seniors from physical, emotional and financial abuse. It’s a first step, but hopefully not the last. Senate leadership might consider making the Senate’s Special Task Force to Study Elderly Abuse and Financial Exploitation, permanent, charged with recommending legislative proposals each session, mirroring best practices, gathered from other states, to combat elder abuse.

To get a copy of the Senate Task Force’s elder abuse report, to http://www.rilin.state.ri.us/commissions/eafe/commdocs/Special%20Task%20Force%20to%20Study%20Elderly%20Abuse%20and%20Financial%20Exploitation%20REP.pdf.

Herb Weiss, LRI’12, is a Pawtucket writer covering aging, health care and medical issues. To purchase Taking Charge: Collected Stories on Aging Boldly, a collection of 79 of his weekly commentaries, go to herbweiss.com.

Make sure abuse of the elderly is no longer a ‘dirty little secret’

Published in Pawtucket Times on October 5, 2015 

Last September, 86-year-old Martha Smith (not her real name) woke up in the middle of the night to a loud noises coming from the first floor of her East Bay apartment. When she went to investigate the commotion, she found her granddaughter in the kitchen. When Martha asked her granddaughter what was going on, the young woman started to verbally and physically abuse her. At one point, she even tried to suffocate Martha with a pillow.

Martha’s other granddaughter came to her aid, only to be assaulted as well. When the police arrived after Martha had tried to call 911, the phone had been ripped out of her hand by her abusive granddaughter, but they heard Martha’s screams of help coming from the house.

According to the Rhode Island Attorney General’s Office, the granddaughter was arrested and is now awaiting trial.

We grow up being taught to respect our elders. But, it seems these lessons are not learned or even followed. Martha’s abuse by her granddaughter is a sad tale, but it happens all too often to our nation’s elderly.

Elder Abuse Growing The National Committee for the Prevention of Elder Abuse defines domestic violence on elders as “an escalating pattern of violence or intimidation by an intimate partner, which is used to gain power and control.” And the perpetrator of the violence is not always a spouse, but more often than not it is a family member, as was the case with

Herb Weiss Martha Smith. Victims may be fearful to report the abuse to doctors or law enforcement for fear of the violence escalating, or because the victim relies on the abuser or their family for caregiving.

The National Center on Elder Abuse has reported that during calendar year 2010, there were nearly six million reported cases of elder abuse, representing nearly 10 percent of that year’s elderly population. The Center acknowledged that it really have a handle as to how many people are suffering from elder abuse and neglect, either because signs of abuse and neglect are missed by professionals working with older persons, or because of a reluctance on the part of the abused person to file a report.

America’s “dirty little secret” is getting worse by the graying of America’s population. The numbers are growing – the 2010 United States census recorded the greatest number and proportion of people 65 and older in its counting history: 40.3 million or 13 percent of the population.

Attacking Elder Abuse in R.I. In Rhode Island, cases of domestic violence against older people are handled by specially trained prosecutors and victim advocates at the Office of Attorney General. And, there are special laws on the books that provide for enhanced criminal penalties for assault of a person of 60 years of age.

“We have specialized prosecution units for those who commit domestic violence against older people,” said Attorney General Peter Kilmartin. “The dedicated prosecutors, victims advocates and support staff in our Domestic Violence and Sexual Assault Unit and Elder Abuse Unit deal with these cases each and every day, working to bring justice for victims while minimizing their emotional trauma. Our domestic violence and elder abuse prosecutors and victim advocates are all specially trained to handle the highly sensitive details of domestic violence cases, which are often extremely emotionally charged,” he notes.

In 2014, the General Assembly passed legislation that allows the release of patient records for investigation and prosecution of physical assault on an older person if a health care provider believes, after providing services to the elder patient, is or has been physically, psychologically or sexually abused.

“Due to the nature of elder abuse crimes, time is of the essence. The victims in these cases are often vulnerable and face a myriad of health challenges, thus making a timely investigation more critical to ensure the victim’s availability to participate in the investigation and prosecution” added Kilmartin. “Moreover, the perpetrator of elder abuse is most often known to the victim, making it less likely for the victim to report,” he says.

AARP Tackles Elder Abuse Across the United States “Abuse of older Americans, whether it be physical or financial, is unconscionable. That’s why AARP is fighting in states across the nation for new laws to crack down on abuse and financial exploitation and strengthen protections for victims so all Americans can live with dignity and independence as they age,” says AARP Executive Vice President Nancy LeaMond.

AARP national staff, state chapters and volunteers are in the trenches fighting against elder abuse and exploitation. According the nation’s largest aging advocacy group, adequate funding must be given to preserve and strengthen the states adult protection services agencies. These agencies investigate complaints about abuse, neglect and exploitation of adults who are unable to care for themselves or make decisions due to mental or physical impairment, illness or a crisis in their lives.

In 2014, AARP advocated for increased funding and to ward off efforts to cut funding for the agencies in five states: Arizona, Ohio, Oregon, Utah and Wyoming.

AARP also calls for better prevention and detection of financial exploitation of the nation’s elderly. While states legislatures look at different ways to addressing this issue, many create task forces, even enact new legislation to address this abuse. According to the Washington, D.C. based nonprofit, last year, seven states enacted bills to protect their older residents against abuse and exploitation: Florida, Kansas, Massachusetts, New Hampshire, Oregon, Virginia and here in Rhode Island.

In 2014, the General Assembly passed a law supported by AARP Rhode Island that extended the statute of limitations for cases of financial crime against the elderly from three years to 10 years.

Meanwhile, both Iowa and West Virginia adopted legislation last year to increase criminal and civil penalties against perpetrators of financial exploitation and to update the definition of financial exploitation.

Finally, uniform laws focused on adult guardianship and power of attorney not only support those who provide caregiving across state lines, but also create processes to help protect older people against abuse and exploitation. Six states, including Rhode Island, passed uniform adult guardianship or power of attorney laws in 2014, and this year additional states have already introduced legislation. Abuse at Any Age No matter a victim’s age, domestic violence and abuse is about the perpetrator trying to gain power and control over their victim. Domestic violence against older people can include physical, psychological, sexual and economic abuse, stalking, and tactics meant to isolate the victim from other people and supportive services October is Domestic Violence Awareness Month, and the statistics are alarming. According to the National Resource Center on Domestic Violence, 24 people per minute are victims of physical violence, rape or stalking by an intimate partner in the United States. One in four women, and one in seven men, will be a victim of domestic violence at some point in their lifetime. On average, three women are killed every day at the hands of a current or former intimate partner. Being in Rhode Island, with statistics like that, chances are you know someone who has been abused.

Help is available. In 2014, over 400 senior Rhode Islanders received domestic violence victim services from the Rhode Island Coalition Against Domestic Violence (RICADV)’s six member agencies. The RICADV’s member agencies provide a wide array of services for victims, including hotline support, emergency shelter, support groups, counseling services, and assistance with the legal system.

In addition, specialized shelter and other services are available for older victims of domestic violence through a partnership between the RICADV and the Saint Elizabeth Community. For more information about these organizations and services, call the statewide Helpline at 800-494-8100. If you hear or see someone being hurt, call 911 immediately.

Financial Exploitation of Elderly Must Be Addressed

Published in Pawtucket Times, February 7, 2015

 Professor Philip Marshall, Coordinator of the Historic Preservation Program at Roger Williams University in Bristol, entered Room 562 in the Dirkson Senate Building not to testify on historic preservation policy, as he often did, but to share a family tragedy.  Marshall’s testimony detailed how his grandmother, New York philanthropist Brooke Astor, was financially exploited in her later years by his father.

Brooke Astor, a philanthropist, socialite and writer, was presented the Presidential Medal of Freedom by President Bill Clinton in 1998, for her generous giving of millions of dollars to social and cultural cause.  Marshall, one of four witnesses who came before the U.S. Senate Special Committee on Aging this past Wednesday, would say, that his 105 year old grandmother, who died on August 13, 2007, was considered to be “New York’s First Lady,” and a “humanist aristocrat with a generous heart.”

Marshall, a resident of South Dartmouth, Massachusetts, told the panel his mother would never have wanted to be known as “one of America’s most famous cases of elder abuse.”

“Nor did she, while in the throes of dementia, choose to be victimized to be deprived, manipulated and robbed – all as a calculated ‘scheme to defraud,’ as later characterized by the Manhattan District Attorney,” said Dr. Marshall.

Astor’s financial exploitation “may be her greatest, most lasting legacy,” says  Marshall.

In his testimony, Marshall told the attending Senators that after a three-month battle for guardianship to protect his grandmother’s assets, a settlement was reached five days before the court date.  A criminal investigation launched by the Manhattan District Attorney after a potential forgery was referred to his Elder Abuse Unit, would later lead to the indictment in 2007 of his father and a lawyer, says Marshall.

Two years later, after a six-month criminal trial the jury would find Marshall’s father guilty on 13 of 14 counts against him.  All, but one, were held up on appeal.

“While my grandmother’s stolen assets were reclaimed, many elders never reclaim their money – or their lives,” observes Marshall.  “Here, for financial transactions, enhanced detection, mandatory reporting, and greater reporting of suspicious activity will help,” he says.

A Growing Epidemic

 In her opening statement, Senator Susan M. Collins, (R-Maine) who chaired, the Senate Aging Panel’s hearing, “Broken Trust: Combating Financial Exploitation Targeting Vulnerable Seniors,” warns that a growing epidemic of financial exploitation is happening – one that she estimates to cost seniors an estimated $2.9 billion in 2010, according to the Government Accounting Office.

Financial exploitation is a growing problem in Rhode Island, too, notes Senator Sheldon Whitehouse (D-RI), a member of the Senate Aging Panel. “Sadly, this number likely underestimates the cost to victims because older adults often do not report abuse, particularly when it involves a family member.”

Senator Whitehouse noted that this week’s Special Committee on Aging hearing examined the challenges to identifying and prosecuting fraud schemes and highlighted strategies to prevent the financial exploitation of seniors. “There are steps we can take to address this problem, and I strongly support the Older Americans Act, which recently advanced out of the HELP Committee and addresses financial exploitation and other forms of elder abuse,” he added.

“Over the past several years the Rhode Island State Police has experienced a steady increase in the number of complaints of elderly exploitation and larceny from individuals over sixty-five-years, says Colonel Steven O’Donnell, who oversees the Rhode Island State Police.  During the past six years his Agency has investigated 40 complaints amounting to a total loss to victims of over $1,000,000.00.

According to O’Donnell, in 2010, State Police investigated four complaints related to elderly exploitation and/or larceny.  Four years later, 14 complaints were investigated. “These increases may be attributed to the increased computer literacy of willing perpetrators and the increased accessibility to bank accounts online, which provides perpetrators the opportunity to conduct their criminal activity behind closed doors,” he says.

Combating Financial Exploitation

To ratchet up the protection of older Rhode Islanders against financial exploitation, Rhode Island Attorney General Peter Kilmartin and the Rhode Island General Assembly passed a bill last year that extends the statute of limitations for elder exploitation from three years to ten years. Kilmartin says the new law, sponsored by retired Representative Elaine A. Coderre (D-District 60, Pawtucket) and Senator Paul V. Jabour (D- District 5, Providence), gives law enforcement officials the necessary time to build a proper case for charging and subsequent prosecution, bringing it in line with other financial crimes.

“The law about financial exploitation is on the books—let’s enforce it,” says, Kathleen Heren, State Long Term Care Ombudsman, at the Warwick-based Alliance for Better Long Term Care. “What a sad world we are in where a senior or a disabled person loses everything they have scrimped and saved for to a greedy individual who, in the majority of cases, is a family member,” she adds.  Over the years she has also seen financial exploitation involving clergy, lawyers, bank tellers, brokers, and “people who you would never suspect would steal from a frail elder.”

“Many people who hear “elder abuse and neglect” [or financial exploitation] think about older people living in nursing homes or about elderly relatives who live all alone and never have visitors. But elder abuse and financial exploitation are not just problems of older people we never see. It is right in our midst, and as Attorney General, I am committed to doing all I can to protect all of the citizens of our state,” says Kilmartin.

“Many elders rely on others for assistance, but oftentimes think they can easily trust these helpers to handle their financial affairs, only to be robbed of their hard earned money,” says Kilmartin, noting that in some cases the perpetrator leaves the victim penniless.

Kilmartin notes that financial exploitation of elders is one of the most challenging crimes to investigate, charge and prosecute.  By the time law enforcement becomes aware of the abuse and investigates the matter, the statute of limitations has often expired.  “The statute of limitations needs to be more reasonable so these complicated cases can be prosecuted appropriately,” states Rhode Island’s Attorney General. “Seniors, especially those who must rely on others for care, were unnecessarily made more vulnerable by the previous short statute of limitations,” he says.

According to Kilmartin, The Office of Attorney General has a specialized unit of prosecutors and investigators that handle elder abuse cases.  Several years ago, the Elder Abuse Unit was created because of the large percentage of Rhode Islanders who were age 60 and over. The special needs of the older victims and the fact that elder abuse, neglect and exploitation crosses all racial, socio-economic, gender and geographic lines made the need for a special unit apparent.  Coupled with this fact that this age group is the State’s fastest growing demographic, crimes against older persons often times go unreported, presenting high temptation and low risk for prosecution.

In Rhode Island, there is a mandatory duty of all citizens to report a suspicion of elder abuse and/or elder financial exploitation. To report elder physical abuse and/or elder financial abuse, contact your local police, Rhode Island State Police or the Rhode Island Division of Elderly Affairs at (401) 462-3000 or dea.ri.gov.

Herb Weiss, LRI ’12 is a Pawtucket writer covering aging, health care and medical issues.  He can be reached at hweissri@aol.com or at 401 742-4372.