World Elder Abuse Awareness - PowerPoint Presentation

Slide1

World Elder Abuse Awareness Day 2011SeniorsAndLawEnforcementTogetherSlide2

Preliminary Indicators of Abuse - June 14, 2011Harold S. Bartholomew, Jr.Assistant District AttorneyOffice of Walter P. Reed22nd Judicial District(985) 809-8383Slide3

Preliminary Indicators of AbuseThe opinions expressed herein are not necessarily the opinions of the District Attorney’s Office. Each and every case is evaluated in light of the facts particular to that case.Slide4

World Elder Abuse Awareness DayJoin The Team - Get In The Game - STOP Elder AbuseSPONSORED BY:       Slide5

PRELIMINARY INDICATORS OF ABUSETHIS COURSE TRACK IS SPECIFICALLY DIRECTED AT FIRST RESPONDERS, HOME CARE PROVIDERS, VOLUNTEER CARE GIVERS AND OTHERS WHO MAY OFFER PERSONAL CARE TO THE ELDERLY. MEDICAL PROFESSIONALS IN MEDICAL CLINICS, EMERGENCY DEPARTMENTS AND OUTREACH PROGRAMS WILL DISCOVER THIS COURSE IS SIGNIFICANT IN THE DAILY CONTACT WITH SENIOR CITIZENS. Slide6

Understanding the DynamicsFears of many seniorsLeads to underreportingFeelings of shameConcern that exposure will lead to loss of independenceSometimes accompanied by threats from perpetratorSlide7

Lessons learned from Domestic Violence and Child AbuseSelf-determination is not the answerIf not punished, the perpetrator WILL abuse againWe CAN act even without the assistance of the victimAbuse is a crime against not just the abused but the taxpayers and the family of the victimSlide8

No one is beyond abuse 65.7% female42.8% were over 80 years of age89.3% in domestic settings6.2% of substantiated reports were in long-term care settings, Slide9

Who Are The Perpetrators? 53% of alleged perpetrators were female75% of alleged perpetrators under 60Most common relationshipsadult child 33% other family member 22%Slide10

Spot the AbuserAbusing alcohol or other drugs Controlling elder’s actions: whom they see and talk to, where they go Isolating elder from family and friends, which can increase dependence on abuser Emotional/ financial dependency on elder, inability to be self‐sufficient Threatening to leave or send elder to a nursing home Slide11

Spot the AbuserAppearing to be indifferent to elder, seeming apathetic or hostile Minimizing an elder’s injuries, blaming victim or others for the abuse, neglect, or exploitation Threatening to harm an elder’s pet Calling elder names Previous criminal history Mental illness 15 Questions & Answers About Elder Abuse , NATIONAL CENTER ON ELDER ABUSE, June 2005. Slide12

Facts About Elder AbuseAccording to the Mayo Clinic elder abuse can take many forms, these include:Financial or Material ExploitationPhysical abuse. Sexual abuse. Emotional or Psychological Abuse. Neglect Abandonment Self-neglectSlide13

Most Common Forms of Abuse Of substantiated reportsSelf-neglect was the most common 37%Caregiver neglect 20% Financial exploitation 15%Slide14

SIGNS OF ABUSEThe immediately following slides are based upon the NYC Training Project POLICE 12/01/04 ROLL CALL TRAINERS SECTION 1 page 4Slide15

SIGNS OF ABUSEIdentifying elder abuse can be difficult, and the victim may be unable or unwilling to tell you that the abuse is occurring. Factors such as the victims’ relationship to, or fear of, their abusers may affect their willingness to pursue arrest. This makes recognition of the signs of elder abuse crucial to a successful investigation. Slide16

Warning SignsThe following warning signs do not necessarily mean that elder abuse is occurring, but they do signal a need to investigate further: Slide17

Signs in the Elderly Victim:Inadequately explained bruises, cuts, or burns Dehydration or malnutrition without an illness related cause Overly medicated or overly sedated Slide18

Signs in the Elderly Victim:Indications of unusual confinement (e.g., closed off in a room, tied to furniture) Lack of cleanliness, grooming Fear of speaking for oneself in the presence of caretaker Shame, fear, embarrassment Slide19

Signs in the Suspected Abuser: Gives conflicting stories; offers inconsistent or implausible explanations for the victim’s injuries Is reluctant to let the elderly person be interviewed alone Speaks for the elderly person Handles the elderly person roughly or in a manner that is threatening, manipulative, or insulting Slide20

Signs in the Suspected Abuser: Has an alcohol or drug problem Has a previous history of abusive behavior Appears indifferent or angry towards the older person Is reluctant to, or fails to, assist or attend to the older person Slide21

Environmental Signs: Lack of food in the home Lack of heat or electricity Strong odors (e.g., feces or urine) A mistreated or malnourished pet Slide22

Signs of Financial Exploitation: Deviations in financial habits (e.g., loans, bank withdrawals) Numerous unpaid bills Missing personal belongings, papers, credit cards Elder unaware of monthly income Slide23

Signs of Financial Exploitation: Frequent expensive gifts from elder to caregiver Caregiver’s refusal to spend money on elder Checks made out to cash Misuse of a Power of Attorney End NYC Training Project POLICE 12/01/04 ROLL CALL TRAINERS SECTION 1 page 4 Slide24

Financial Elder Abuse is…………A CrimeGoing unpunishedPredictableCausing this country significant economic harmApparently where child abuse & DV were 30 years agoEscalatingSlide25

$Source: U.S. CensusSlide26

Exploitation La. R.S. 14:403.2.B.(6) defines exploitation as "the illegal or improper use or management of an aged person's or disabled adult's funds, assets, or property, or the use of an aged person's or disabled adult's power of attorney or guardianship for one's own profit or advantage."Slide27

Banks: Suspicious BehaviorAn unusual volume of banking activity. Banking activity inconsistent with a customer’s usual habits. Sudden increases in incurred debt when the elder appears unaware of transactions. Withdrawal of funds by a fiduciary or someone else handling the elder’s affairs, with no apparent benefit to the elder. CAN BANK TELLERS TELL? – LEGAL ISSUES RELATING TO BANKS REPORTING FINANCIAL ABUSE OF THE ELDERLY © American Bar Association 2003 http://www.ncea.aoa.gov/ncearoot/main_site/pdf/publication/bank_reporting_long_final_52703.pdfSlide28

Caregiver Fraud“The victim was 78 years old, legally blind and suffering from lung cancer at the time. During the abovementioned seven-month period, defendant wrote checks to herself from Henderson's bank account. …induced Henderson to sign some of the instruments and forged Henderson's signatures on others. …defendant had used Henderson's credit card to charge …in excess of $9,900. The estimated losses the elderly victim realized as a result of defendant's actions were over $18,000.” State v. Ebarb, 772 So.2d 299 (La. App., 2000)Slide29

Who Commits Financial Abuse?Families, friends, neighbors, and caregivers were involved in 55% of the articles; persons not known to the elder and others in 21%; financial professionals of varying types in 18%; and Medicare/Medicaid fraud in 7%. Broken Trust: Elders, Family, and Finances. A Study on Elder Financial Abuse Prevention by the MetLife Mature Market Institute, the National Committee for the Prevention of Elder Abuse, and the Center for Gerontology at Virginia Polytechnic Institute and State University MARCH 2009Slide30

Incidence of Financial AbuseCurrent estimates put the overall reporting of financial exploitation at only 1 in 25 cases, suggesting that there may be at least 5 million financial abuse victims each year. (Wasik, John F. 2000. “The Fleecing of America’s Elderly,” Consumers Digest, March/April.) From Elder Abuse Prevalence and Incidence, 2005 National Center on Elder Abuse, Washington, DC Slide31

Identifying the Problem: Following slides based on Broken Trust: Elders, Family, and Finances. A Study on Elder Financial Abuse Prevention by the MetLife Mature Market Institute, the National Committee for the Prevention of Elder Abuse, and the Center for Gerontology at Virginia Polytechnic Institute and State University MARCH 2009Slide32

Leading Signs of Elder Financial Abuse Certain warning signs indicate if older adults are experiencing financial abuse. Slide33

Unusual degree of fear or submissiveness to caregiverExample: An elder cowers in front of a caregiver or begins trembling or crying when the caregiver discusses finances.Slide34

Isolation from family, friends, community, and other stable relationships Example: The older person is never alone or permitted to discuss finances without the caregiver also present.Slide35

Signs of intimidation and threat by another Example: The older person never looks at people directly or averts their gaze. Slide36

Withdrawn behavior or disheveled appearance Example: The older person tries to avoid talking with others, especially when asked to respond to something specific.Slide37

Missed appointments, uncharacteristic behaviornonpayment for services Example: The older person, previously prompt and reliable, does not show up for medical appointments or “forgets” to pay bills.Slide38

Anxiety about personal finances Example: The older person worries a lot about how she will ever pay a bill or have enough to eat.Slide39

Lack of knowledge about financial status Example: The older person seems unaware of his money.Slide40

New “best friends” Example: The older person seems surprisingly or unseemly close and attentive to someone he has just met.Slide41

Missing belongings or property Example: Glasses, clothes, dentures, money, or all of these are gone. The elder is dismissed as “forgetful.”Broken Trust: Elders, Family, and Finances. A Study on Elder Financial Abuse Prevention by the MetLife Mature Market Institute, the National Committee for the Prevention of Elder Abuse, and the Center for Gerontology at Virginia Polytechnic Institute and State University MARCH 2009Slide42

Physical Abuse Physical abuse is the use of physical force that may result in bodily injury, physical pain, or impairment. Physical abuse may include, but is not limited to, acts of violence such as striking (with or without an object), hitting, beating, pushing, shoving, shaking, slapping, kicking, pinching, and burning. Inappropriate use of physical restraints, force-feeding, and physical punishment of any kind are also examples of physical abuse. Slide43

Results of Physical Abuse The results of physical abuse include: fractures, bruising, burns, and medication induced symptoms (e.g., dizziness, excess sleepiness). Slide44

Physical AbuseLooks like child abuseSlappedPunchedTied upCigarette burnsSlide45

Physical Signs of AbuseThe following slides in blue are from a powerpoint provided by the New York City Elder Abuse Training Project. Powerpoints and more are available at their web site.Slide46

Bruises Healing Stages10 hrs4-5 days

12 daysSlide47

Sites of BruisingIn abuse victims, most often seen onKnuckles and fingersFace and neckChest wallAbdomenButtocksPalms and soles of feetSlide48

Bruising Distribution and PatternsFace & NeckMedial SurfacesSlide49

Bruising Patterns BilateralDifferent colors ranging from purple (recent) to yellow green (older)Shape and PatternFacial distributionSlide50

Morphological SignsBruises or burns shaped like an objectIronCurling ironBelt marksFingersCigarette burnsRope burns (e.g., resulting from restraints)Slide51

Other markersBurns:In healthy adults: rareIn the frail elderly: rare in institutional settings70% of all burns are the result of abuse/neglectSymptoms Similar to shaken baby syndromeRuptured eardrumsBoxing the victim’s earsChanges in hairstyleCover up for Hair that may have been ripped outBruisesSlide52

Decubitus UlcersBed sore ImmobilitySkin over bony surfacesVasculature compressionVascular insufficiencyTissue necrosisInflammationInfectionSepsisShockSlide53

Skin Ulcers in Diabetic with Severe Vascular InsufficiencyGeneral ConditionEdgesCentersSmell

Surrounding SkinSlide54

Sexual Abuse RS 14:93.5 Sexual Battery of the Infirm(1)  The offender compels the victim, who is physically incapable of preventing the act because of advanced age or physical infirmity, to submit by placing the victim in fear of receiving bodily harm.  …(4)  The victim is incapable, through unsoundness of mind, whether temporary or permanent, of understanding the nature of the act, and the offender knew or should have known of the victim's incapacity.  B.  … "sexual acts" mean the following: (1)  touching of the anus or genitals of the victim by the offender using any instrumentality or any part of the body of the offender; or (2)  The touching of the anus or genitals of the offender by the victim using any instrumentality or any part of the body of the victim.  D. …not more than ten years.  Slide55

Emotional or Psychological Abuseinfliction of anguish, pain, or distress through verbal or nonverbal acts.verbal assaults, insults, threats, intimidation, humiliation, and harassment. treating an older person like an infant; isolating an elderly person from his/her family, friends, or regular activities; giving an older person the "silent treatment;" and enforced social isolationSlide56

Emotional (or Psychological) Abuse Emotional (or psychological) abuse is the infliction of anguish, pain, or distress through verbal or nonverbal acts. Emotional abuse includes verbal assaults, insults, threats, intimidation, humiliation, and harassment. Examples of emotional abuse include: treating an older person like an infant; isolating an older person from his or her family, friends, or regular activities; and giving an older person the “silent treatment.” Emotional abuse is often the beginning of a downward spiral—it frequently escalates into other types of abuse such as physical and financial. Slide57

Neglect La. R.S. 14:403.2.B.(8) "the failure, by a caregiver responsible for an adult's care or by other parties, to provide the proper or necessary support or medical, surgical, or any other care necessary for his well-being. No adult who is being provided treatment in accordance with a recognized religious method of healing in lieu of medical treatment shall for that reason alone be considered to be neglected or abused."Slide58

Abandonment La. R.S. 14:403.2.B.(1) defines abandonment as "the desertion or willful forsaking of an adult by anyone having care or custody of that person under circumstances in which a reasonable person would continue to provide care and custody."Slide59

Self Neglect La. R.S. 14:403.2.B.(7.1) defines self neglect as "the failure, either by the adult's action or inaction, to provide the proper or necessary support or medical, surgical, or any other care necessary for his own well-being. No adult who is being provided treatment in accordance with a recognized religious method of healing in lieu of medical treatment shall for that reason alone be considered to be self-neglected.“Slide60

Additional DetailsIdentifying Physical AbuseNeglect / Malnutrition / DehydrationMisuse of MedicationIdentifying Sexual Abuse Photographic EvidenceSave the security video!Slide61

Identifying Physical AbuseFollow suggestive signs to a tentative conclusion. Determine whether seeing abuse or if there is a logical or reasonable explanation for the person’s injuries (i.e., did a person fall or was the person pushed). Try to obtain information from the victim and, if possible, medical records. (EPS can do this!)Look for unexplained injuries: are the injuries consistent with the person’s account (e.g., a person who presents with cigarette burns on their arms but tells you he or she was accidentally burned while cooking)?Was there delay in seeking medical treatment (i.e., is the victim hiding the injury or is the abuser preventing the victim from getting help)? Slide62

MARKERS INDICATING POSSIBLE PHYSICAL ABUSE Accidents tend to cause trauma to the extremities such as fingers and toes (distal trauma) while abuse trauma tends to be proximal (e.g., to trunk and head). The mid-regions are usually covered by clothing (except for the face), making “cover-up” easy. Dating injuries is not an exact science. Because of the many variables frequently involved in any particular case it is difficult to lock in a point in time. Slide63

Additional Details on Physical Abuse(1) Wounds and suspected injuries(2) Bruising (contusion) (3) Morphological Signs(4) Burns (5) Ruptured and/or Bleeding Eardrums(6) Changes in Hairstyle(7) Syndromes (constellations of symptoms occurring together) Slide64

(1) Wounds and suspected injuries Almost all accidental wounds tend to occur to arms and hands. Any other location indicates possible abuse. Note any injury not properly cared for, delay in seeking treatment, unset broken bones, welts, cuts, abrasions, lacerations, punctures, insufficiently stitched lacerations, or any unexplained injury. Also note inconsistencies between the injury and explanations of the injury or pain when touched (even if you don’t see an injury). It is important to rule out pre-existing medical condition such as osteoporosis as the cause of fractures or unset broken bones.Slide65

(2) Bruising (contusion) Bruising is the most common expression of injury from trauma and occurs more frequently in older adults. When people bang into something, it usually results in a bruise on one side of the body. Thus, bilateral bruises are indicators of abuse and may come from the abuser grabbing the victim’s arms and shaking and/or pushing the victim.It is important to look for patterns of bruising such as clusters of bruises, bruises in different stages of healing, tramline bruising (parallel marks caused by hitting with a stick), and bruising on the insides of arms and thighs.Slide66

(2) Bruising (contusion) Bruising in an abuse victim most often occurs on face and neck, chest wall, abdomen, and buttocks, but sometimes on knuckles, fingers, and palms and soles of feet. The tough fibrous tissue on the palms and soles of feet is less susceptible to bruising from minor accidental trauma or injury. However, you may see defensive bruises on a person’s palms indicating that the person held his or her hands up to thwart off a beating or a stabbing attack The elderly bruise more easily and heal more slowly. Bruises range in color from red or purple (recent) to yellow green (older). They generally take two to four weeks to heal, but may take months. Bruises may be under the skin, making the victim sensitive to the touch before the bruises actually manifest, which may take 24 hours or more. There is strong disagreement as to the reliability of timing a traumatic event in terms of the changes in the color of bruises. The general suggestion is that black or blue suggests that a bruise is less than 12 days old and the presence of yellow suggests that it is more than 24 hours old.Slide67

(2) Bruising (contusion) Females tend to have more adipose tissue (fat) and bruise more easily than males. Bruising can be increased as a result of: a medication regimen (e.g., when a person is on Coumadin, aspirin, or other blood thinning medications) a medical condition (e.g., vitamin deficiency, leukemia) nutritional supplements (e.g., garlic, gingko, bilberry, ginger) Slide68

(3) Morphological Signs Morphological signs are marks that look like the shape of an object (e.g., an iron, curling iron, belt marks, fingers, cigarette burns). “Rope burns” are caused by victims struggling to free themselves from restraints. Bite marks are still another established indicator of abuse Slide69

(4) Burns Burns are rare among healthy adults or among frail elderly residing in skilled nursing facilities. Approximately 70% of all burns in older adults are the result of abuse or neglect.Slide70

(5) Ruptured and/or Bleeding Eardrums Ruptured eardrums and bleeding from the ears can result from an abuser boxing a victim’s ears. Slide71

(6) Changes in Hairstyle Changes in hairstyles can be compensation for hair having been ripped out of the victim’s head or to hide bruises on the scalp (the victim may change a hairstyle to hide these injuries). Hair pulling can also result in cervical injuries or death due to a snapped neck. Slide72

(7) Syndromes (constellations of symptoms occurring together) that suggest some type of abusive behavior by a care provider: Medicinal Misuse Malnutrition, dehydration, and the various other consequences of medicinal misuse can occur when a person is neglected by a caregiver on whom he or she is dependent. Medications can also be used as a tool for intentional abuse; abusers give their victims too much or too little of an indicated drug, withhold a necessary medication, or administer unnecessary or inappropriate medication. Slide73

(7) Syndromes (constellations of symptoms occurring together)Violent Shaking Violently shaking an older adult can result in whiplash, detached retinas, and brain hemorrhages--similar to Shaken Baby Syndrome. As people age, the size of the skull remains the same but the brain may begin to atrophy. Thus there is more room in the skull for the brain to move around in, so shaken older persons are even more prone to contusions and other brain injuries than are shaken babies. (Brain hemorrhaging can also result from attempted strangulation.) Slide74

Fractures Fractures are a common injury in older adults and are often attributed to age-related factors such as osteoporosis. The bones of older adults are thinner and less dense, making them more susceptible to fractures as the result of bone disease or injury. Fractures of the hip are most often seen in adults who are 75 and older. Slide75

Fractures In people under the age of 75, the wrist is a common site of fracture since people often try to break a fall with their hands. Other sites of fractures in older adults include the trunk and spine, and the head, particularly the face, teeth, and cheekbones. Any facial fracture should raise suspicions of abuse. Of those older adults who are susceptible to falling, most experience one to three serious falls a year. The causes and results of any given fall in an older adult should be evaluated to determine if they are, in fact, forensic markers for abuse and/or neglect. Slide76

Decubitis Ulcers (bedsores, pressure sores, pressure ulcers) Decubitis ulcers are the result of circulatory failure due to pressure resulting in dead tissue (necrosis). The presence of decubiti may indicate that a bed-ridden patient is not being properly cared for and/or moved or turned by the caregiver. Multiple sites of decubiti and foul-smelling dead tissue are indicators of neglect. Slide77

Malnutrition Malnutrition occurs when there is a decreased intake of necessary nutrients due to a poor diet and/or malabsorption (poor passage of materials through the walls of the intestine into the bloodstream). Slide78

Malnutrition can result from: Self-neglecting persons who may have lost their will to live can also become malnourished. Neglect or poor caregiving, misarrangement or loss of teeth by neglect, or loss of appetite Decline of smell and taste in the older adult resulting in a loss of appetite--natural aging factors Inappropriate medications, including psychotropic drugs Medical conditions such as cancer, dementia, stroke, Parkinson’s disease, a disorder of the esophagus, or COPD—Chronic Obstructive Pulmonary Disease (e.g., chronic bronchitis, asthma, and emphysema). Slide79

Dehydration The elderly are more prone to dehydration than other segments of the population, as both body water reserves and thirst drives are decreased in the older adult. Dehydration is often the result of a medical illness. Slide80

Dehydration Neglect may be present if inadequate fluids are offered or provided and if the dehydration goes unrecognized for a long period of time by medical or nursing personnel. Symptoms of dehydration include dizziness, dry mouth and nose, and decreased urine production (urinary tract infections). Dehydration is the most frequent cause of reversible dementia. Slide81

Misuse of Medication Older adults may misuse prescription drugs due to a lack of capacity, or because they reject efforts by medical professionals to help them. Medications can also be used as a tool for abuse. Abusers sometimes over-medicate to keep a person quiet and manageable. Under-medicating or withholding medication may occur when a caregiver is diverting drugs for his or her personal use. Over- or under-medication can result in medical or cognitive impairment. Slide82

Identifying Sexual Abuse Covered more fully in the other track.The forensic markers of sexual abuse include torn, stained, bloody underclothing; bruised breasts; changes in the bowel or bladder; pain, itching, bruising, and burning in the genital area; unexplained venereal disease or vaginal infections; Slide83

Identifying Sexual Abuse and difficulty in walking, standing, and sitting. Bruising of the palate may indicate forced oral copulation. Rope burns are signs of the victim having been restrained. Behavioral markers of sexual abuse include withdrawal, fear, depression, anger, insomnia, increased interest in sexual matters and more aggressive behavior. Sexual abuse is more prevalent in the cognitively impaired and those needing help with Activities of Daily Living (ADLs) and/or Instrumental Activities of Daily Living (IADLs). Slide84

Photography Photographs can be important evidence when carefully evaluated. The person being photographed is not always the victim; prosecutors may present photos of the accused showing lack of injuries in order to counter claims that the accused was injured by the victim. The Preceding section from NYC Training Project POLICE 3/01/05, ASSESSING INJURIES SECTION 3 page 10Slide85

Photos, Video and other EvidenceKeep photos / video of suspicious behaviorBanks and others can flag transactions that are questionableOften there is a question as to whether a perpetrator was even presentVideo can support your testimony about demeanor, health, cognitive functionYou may need to videoInvestigators may need the videoSlide86

Rule 1 - Decision-Making: General Principles:A GUARDIAN SHALL EXERCISE EXTREME CARE AND DILIGENCE WHEN MAKING DECISIONS ON BEHALF OF A WARD. ALL DECISIONS SHALL BE MADE IN A MANNER WHICH PROTECTS THE CIVIL RIGHTS AND LIBERTIES OF THE WARD AND MAXIMIZES INDEPENDENCE AND SELF-RELIANCE.1.1 The guardian shall make all reasonable efforts to ascertain the preferences of the ward, both past and current, regarding all decisions which the guardian is empowered to make.1.2 The guardian shall make decisions in accordance with the ascertainable preferences of the ward, past or current, in all instances except those in which a guardian is reasonably certain that substantial harm will result from such a decision.Slide87

1.3 When the preferences of the ward cannot be ascertained, a guardian is responsible for making decisions which are in the best interests of the ward.1.4 The guardian shall be cognizant of his or her own limitations of knowledge, shall carefully consider the views and opinions of those involved in the treatment and care of the ward, and shall also seek independent opinions when necessary.1.5 The guardian must recognize that his or her decisions are open to the scrutiny of other interestedparties and, consequently, to criticism and challenge. Nonetheless, the guardian alone is ultimately responsible for decisions made on behalf of the ward.1.6 A guardian shall refrain from decision making in areas outside the scope of the guardianship order and, when necessary, assist the ward by ensuring such decisions are made in an autonomous fashion.A Model Code Of Ethics For Guardians – Cassanto, Simon and Roman, Copyright 1988.Slide88

Multiple criminal statutes apply specifically to elderly victims14:35.2 Simple battery of the infirm. Minimum 30 days14:42 Aggravated Rape. Slide89

Multiple criminal statutes apply specifically to elderly victims14:50.2 Perpetration or attempted perpetration of certain crimes of violence against a victim sixty-five years of age or older. Adds 3 years to maximum, at court’s discretion. Consider putting this in the Bill of Information.14:67.16 C. (1) (b) Identity theft. If victim 60 years of age or older, minimum goes from 0 years to 2 years.14:67.21 Theft of assets of aged person, Slide90

Multiple criminal statutes apply specifically to elderly victims, cont’d14:93.3 Cruelty to the infirmed, 14:93.4 Exploitation of the infirmed, Slide91

Multiple criminal statutes apply specifically to elderly victims, cont’d14:93.5 Sexual battery of the infirm,14:403.2 Abuse and neglect of adults; reports; investigation; waiver of privileges; penalties; immunity. Makes reporting of elder abuse mandatory, and empowers District Attorneys to take steps to protect the elderly.C.E. Art. 803, Hearsay Exceptions. Keep (5) Recorded Recollection in mind where the elderly person is available for trial, but has an impaired memory.Slide92

Elderly Protective Services Elderly Protective Services acts to prevent, remedy, halt or hinder acts of abuse and neglect against an elder adult in the community, while promoting the maximum possible degree of personal freedom, dignity and self-determination. Only when other efforts fail will EPS recommend referral or admission to an appropriate care facility for the elder adult, or Seek judicial remedy to the situation, DA can file restraining order.Slide93

Records Available to EPSThe statute also makes certain records available to Elderly Protective Services without an authorization or warrant.Hospitals, Doctors, Accountants, Attorneys may have some of these documents, and we should carefully consider our response in light of applicable claims for privilege, such as attorney-client privilege and exceptions to those privileges.Note that E.P.S. does not pay a copying charge.Slide94

World Elder Abuse Awareness Day 2011SeniorsAndLawEnforcementTogetherSlide95