Seniors, their advocates and government workers can take action against physical, emotional, sexual and financial exploitation, confinement and passive neglect. Illinois also is one of the few states that protects against self-neglect, such as hoarding.
Illinois has had the Elder Abuse and Neglect Act for several decades, which until recently had protected adults over age 60. The law was amended this year and renamed the Adult Protective Services Act, so now adults ages 18 to 59 with disabilities also are protected from abuse, neglect and exploitation.
Illinois lawmakers used the state’s child abuse laws as models when writing laws to protect the elderly. It made sense to follow the pattern because both populations need protective care in the likelihood of abuse, Kozak said at a recent John Marshall-sponsored panel on elderly issues.
As the public comes to recognize the needs of seniors, attorneys will be able to offer greater assistance because of Illinois’s protective statutes.
“This is a constituency that becomes more dependent on those around them,” Kozak said. “Attorneys will, in some cases, be their first line of defense against the unscrupulous actions of others who attempt to steal seniors’ assets or deny them the care they require.”
Panelists outlined how the Illinois Department on Aging, the Chicago Department of Aging, and support groups, including AARP, provide services.
The Illinois Department on Aging, for example, spends most of its budget working to keep people safe in their communities, said Mary Killough, deputy director for the Illinois Department on Aging. She explained to John Marshall students how the agency spent a year examining breakdowns in services and revamped many of its initiatives to make certain Illinois contractors were giving the care seniors needed. Today, Illinois’s Elder Abuse and Neglect Act is a societal model.
Full Press Release and Source:
Illinois Leads Way in Laws Protecting Seniors: John Marshall Professor
5 comments:
Sounds good, but where were they when the sick probate system grabbed Mary Sykes and how many others?
The question is, do the Illinois laws also protect against corrupt attorneys who prowl around looking for elders to make money off of via forcing them into inappropriate (not needed) guardianships solely to make money.
Yes, I agree Thelma. I think they're trying, but to say they're leading the way is a bit of a stretch.
More legislation that sounds good but will anyone actually do anything or help?
‘Illinois has had the Elder Abuse and Neglect Act for several decades, which until recently had protected adults over age 60.’
A BREACH OF TRUST – Elder abuse in the hospital
Let's begin with a summary of current case of elder abuse in a hospital setting: WWII Veteran, Chicago, Illinois.
WWII Veteran complaint against: 1) Humana Medicare Advantage Plan 2) well known Catholic Chicago Hospital
3) Hospital Social Worker Case Manager who is guilty of elder abuse in hospital setting.
89 year old male WWII Veteran suffered a stroke (CVA) hospital attending physician wrote on Health Care Surrogate document patient is "confused and unable to make decisions for himself"
Health Care Surrogate Agent was activated.
After 14 days of rehabilitation at Chicago Hospital Skilled Nursing Unit for physical and occupational therapy, WWII patient was making progress – therapist’s recommendation: continue therapy.
WWII Veteran was in good standing with payment of monthly premiums for HUMANA Advantage Plan Coverage yet...
HUMANA INSURANCE COMPANY faxed HUMANA NOTICE OF MEDICARE NON-COVERAGE to Chicago Hospital Case Manager for patient’s signature agreeing to terminate ALL coverage for continued medically necessary rehabilitation.
NOMNC included 2 pages of information in small print with detailed instructions to appeal the termination of coverage.
In secret, with no notice to family or the Health Care Surrogate the Case Manager ‘wrongfully obtained members signature’ when she ordered WWII patient to sign and date the NOMNC. Patient’s signature is unrecognizable, the date is void; patient is legally blind diagnosed with Aphasia; he was alone in his room, vulnerable - unable to read or understand / comprehend what he was told no idea what ‘paper’ he was signing.
In addition, he was not unable to access or use the telephone to contact his health care surrogate or his family for help and advice nor was he able to understand or begin the appeals process. The case manager was aware of her elderly patient’s physical limitations.
10 minutes prior to discharge Case Manager produced the signed and dated copy of NOMNC to patient's daughter resulting in heated discussion, a public disturbance with no satisfactory conclusion.
WWII Veteran patient was wrongfully discharged from the Hospital forced onto the self-pay plan for continued Skilled Nursing Care and needed ‘medically necessary’ rehabilitation to regain pre-stroke physical condition.
WWII Veteran: abreachoftrust@gmail.com
http://abreachoftrust.com/
http://abreachoftrust.com/2013/08/09/53/
Well, doubt they'll ever be able to change the name "Crook" County!
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