Tuesday, March 4, 2008

Mandatory Reporters of Elder Abuse

February 11, 2008

Proposed MI bill makes financial institutions mandatory reporters

Aimed at stopping elder abuse, the Elder Financial Protection Act was unveiled by House Speaker Michael Sak and State Representative Robert Dean today. They said elder abuse can mean anything from physical and emotional abuse as well as financial exploitation.

The Elder Financial Protection Act would:

* Make it mandatory for employees of financial institutions to report suspected elder abuse.
* Require financial insitutions to provide joint accountholders with a written summary of their rights.
* Prohibit those convicted of elder abuse from inheriting from a victim's estate, and create an Elder Death Review Team to investigate suspicious deaths.
* Allow a third party to file a criminal complaint on behalf of a victim of elder abuse.
* Define financial exploitation as it relates to the Michigan Social Welface Act.
* Define the right of those who are incapacitated.
* Require a person who is granted power of attorney on behalf of a senior to sign a contract that details that person's obligations and fiduciary duty to act in the senior's best interest.

Of the elder abuse cases, 15 percent are from financial exploitation and 20 percent involve caregiver neglect.

Source/more: http://www.woodtv.com/Global/story.asp?S=7853359&nav=0RceX5j4

February 11, 2008 in Elder Abuse/Guardianship/Conservatorship Permalink TrackBack

February 09, 2008

Advocacy group says elder abuse in Ireland is widespread

Recent figures on elder abuse in Ireland released by the HSE represent only a fraction of the cases in Ireland, according to a spokesperson for Age Action. According to the figures, the HSE's elder abuse officers dealt with 927 cases last year. As the majority of the 26 elder abuse officers have been in their posts for less than 12 months, Mr Eamon Timmins, Age Action's Head of Advocacy and Communications said the scale of the problem is likely to be much greater. Age Action had previously used the results of international studies, which showed that between three per cent and five per cent of the older population have been victims of elder abuse," Mr Timmins told IMN. Applying this to Ireland, would mean that between 14,000 and 23,000 older people would have experienced elder abuse. The figures released show only a fraction of the problem. Because of the nature of the abuse, much of it goes unreported. Many people who are abused are afraid to speak out."

Source: Irish Medical News, http://www.irishmedicalnews.ie/articles.asp?Category=news&ArticleID=20324

February 9, 2008 in Elder Abuse/Guardianship/Conservatorship Permalink TrackBack

February 04, 2008

CA physician pleads guilty to elder abuse

A urologist who performed a painful cancer treatment on a patient who didn't have the disease has pleaded guilty to felony charges of elder abuse and insurance fraud. Ali Moayed, 41, of Monte Sereno is facing up to one year in jail under a plea agreement with Santa Clara County prosecutors. Moayed - who entered the guilty plea Friday - will be formally sentenced March 7. He has already surrendered his medical license. Moayed created fake lab reports indicating that three of his patients suffered from prostate cancer, which they didn't have, according to court documents. Another doctor reviewing Moayed's files in 2005 noticed that a pathology report - the document that would contain the cancer diagnosis - was missing from the file for a patient about to undergo treatment. When radiation oncologist Abhinand Peddada finally got the report, he saw that the report from the lab said something different than the document from Moayed's Los Gatos office. The lab said the patient never had prostate cancer. Peddada canceled a painful procedure, called brachytherapy, for the patient and a second man. But the conflicting reports weren't discovered until 87-year-old Dung Le had already undergone the procedure, which involves sedating the patient and inserting radioactive seeds the size of a rice grains into the prostate gland.

Source: San Jose Mercury-News, http://www.mercurynews.com/news/ci_8126625?nclick_check=1

February 4, 2008 in Elder Abuse/Guardianship/Conservatorship Permalink TrackBack

January 30, 2008

Upcoming Conference: 2nd International Conference on Elder Abuse


2nd International Conference on Elder Abuse: Medical Aspects & Multidisciplinary Responses
February 11 & 12, 2008 in Newport Beach, California

More info: http://www.elderabuseconference.org/

January 30, 2008 in Elder Abuse/Guardianship/Conservatorship Permalink TrackBack

January 24, 2008

More recent articles on elder abuse





January 24, 2008 in Elder Abuse/Guardianship/Conservatorship Permalink TrackBack

Sexual abuse of nursing home residents a growing problem

The details about John R. Riems' alleged assaults against nursing home residents seem grimly familiar to social workers. They say assaults against mute and helpless victims fit a pattern. The victims of sexual abuse in nursing homes tend to be people who "are just not able to defend themselves because of physical disabilities or cognitive impairments or just general frailty," said Sharon Merriman-Nai, co-manager of the National Center on Elder Abuse. "We do typically see if we have those kinds of complaints, the victim is someone who is not generally a good reporter," echoed Beverley Laubert, Ohio's Long-Term Care Ombudsman. Laubert's office investigates complaints about nursing home care in Ohio. Riems, recently fired from his position as a nurse at Concord Care and Rehabilitation Center, is accused of raping a 55-year-old man unable to talk or see because of a stroke.

Source: http://www.sanduskyregister.com/articles/2008/01/24/front/577647.txt

January 24, 2008 in Elder Abuse/Guardianship/Conservatorship Permalink TrackBack

December 18, 2007

ABA Comm'n on Law and Aging publishes Volunteer Guardianship Monitoring report

Volunteer Guardianship Monitoring Programs: A Win-Win Solution, published this month by the ABA Commission on Law and Aging with a grant from the AARP Foundation, is a study of volunteer guardianship monitoring projects initiated by AARP in 1990. The study aimed to determine the extent to which the AARP volunteer guardianship monitoring projects are still functioning, and to examine their experiences and effectiveness in the 10 years since AARP discontinued support.

Volunteer Guardianship Monitoring Programs: A Win-Win Solution is an important resource for courts and persons interested in guardianship monitoring.

The study found:

· More than half of the programs are still active and their volunteers are satisfied.

· Volunteers are critical to a program's success and failure.

· Programs maximized scarce resources to successfully intervene and provide remediations for incapacitated adults at risk of abuse, neglect, or exploitation, and assisted guardians.

· Volunteers-while not free-provide an enormous value, bring a new perspective and energy to the work the court does, and often have skills and experience that paid staff does not have.

· Programs enhance the court's capacity to monitor cases and to assist guardians without substantially increasing staff and budgets, and help the volunteers make important contributions to their own well-being.

The study urges courts interested in ensuring a program's success do the following:

  • Make room for the program.
  • Have a paid program coordinator.
  • Recruit volunteers.
  • Form partnerships with the state and local AARP offices.
  • Recognize volunteers.
  • Adequately supervise volunteers.
  • Conduct comprehensive training for volunteers on a regular basis.
  • Track results of the program and use this information to regularly inform the court of the program's importance.
  • Integrate the volunteer program into the larger monitoring program at the court.

Volunteer Guardianship Monitoring Programs: A Win-Win Solution is available by calling (202) 662-8690. (For a more comprehensive report on a range of guardianship monitoring practices, see Guarding the Guardians: Promising Practices for Court Monitoring, by the AARP Public Policy Institute with the collaboration of the ABA Commission on Law and Aging, available on the AARP Public Policy Institute website http://www.aarp.org/research/legal/guardianships/2007_21_guardians.html.)

Via the Elderbar listserv....

December 18, 2007 in Elder Abuse/Guardianship/Conservatorship Permalink TrackBack