Senators Valesky, Gallivan Release Report Exposing Elderly Abuse and Exploitation

Legislators Propose Preventative Measures that Include Providing Banks the Authority to Reject Deceptive Financial Transactions

(Albany, NY – May 10, 2014) Senator David Valesky (D-Oneida pictured) and Senator Patrick Gallivan (R-Elma) released an extensive report that shows financial abuse amongst New York’s seniors to be more prevalent than initially thought, with much higher rates of undocumented incidents that actually exist.  Data obtained by the New York State Office of Children and Family Services project a surge in the number of cases of financial abuse by the year 2030, with nearly 200,000 incidents predicted to occur.

The number of incidents involving elder abuse correlate with statistics that show a significant increase in New York’s senior population, which is the third most populous in the United States. Unfortunately, these incidents often times go unreported due to the startling fact that the abuser is someone that the victim either trusts, is a caregiver, or more often than not, is a family relative.

Seniors tend to be vulnerable to certain degrees of financial abuse, including theft, concealment of funds, or even property. Yet while they possess adequate financial assets, they lack the capability to manage these items as they age and begin to suffer cognitive illnesses, such as Alzheimer’s or dementia.

Senator David Valesky, Chairman of the Senate Aging Committee, said: “The prevalence of elder abuse in all forms, especially financial, is increasing as our senior population grows. It is incumbent upon us to ensure that there are laws on the books to protect seniors and give law enforcement the tools they need to prosecute offenders.”

Senator Patrick Gallivan, Chairman of the Senate Crime Victims, Crime and Corrections Committee, said: “Our seniors deserve our respect and our protection.  As a former New York State Trooper and Sheriff of Erie County, I believe we must do everything we can to guard against all forms of elder abuse, whether physical, psychological or financial.  This legislation will make sure these despicable acts do not go unpunished.”

Over the years, there has existed a wide array of types of financial abuse that are targeted towards seniors. These include scam solicitations via robo-call advertising or using other modes of communication such as the internet. While there are many law enforcement agencies and nonprofit organizations that conduct their own investigations into crimes committed relating to elder abuse, there is no single institution that collects all data incidences of elder abuse statewide.

In addition, New York State lacks a statutory definition for prosecuting elder abuse. Instead, it relies upon separate definitions under the New York State Social Services Law. One pertains to “adult abuse” for individuals over the age of 18 who may be dependent on someone else, while another, “financial exploitation,” deals with the improper use of ones funds, property, resources, and so forth.

According to one study referenced in the report, Under the Radar: New York State Elder Abuse Prevalence Study, while documented cases provided by agencies amounted to 3.24 cases per 1,000 seniors in 2010, researchers concluded that the actual caseload of abuse was, in fact, much higher. When using self-reported data collected, researchers estimated that the total amount was actually closer to a rate of 76 per 1,000. In other words, nearly 280,000 seniors experienced at least one type of abuse during that year, with about 155,000 facing financial abuse alone.

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Senators Valesky, Gallivan Release Report Exposing Elderly Abuse and Exploitation