Elder abuse, neglect hits close to home

Anthony Cottey

Each day, in our communities, across the commonwealth and the nation, some of the most vulnerable among us, the elderly become victims of abuse or neglect. Often times, it comes at the hands of those they have come to trust the most, family, friends of caregivers. Other times it comes from complete strangers. The abuse can manifest in many forms – physical, verbal, emotional or financial. Neglect comes when those who may be charged with caring for a dependent adult simply fail to do so, depriving them of basic necessities like food, shelter and medical care.

Over the next few days, we will take a look at the issue from a local perspective, finding how some who should be enjoying their golden years are instead finding it tarnished.

For adults who may suddenly find themselves under the guardianship or care of others, relief of having a caregiver is sometimes short and the aftermath painful.

In the past year, there have been three people prosecuted in Bracken County alone for how they cared for a dependent adult family member.

Obtaining guardianship of an adult is a legal process which ultimately requires a jury to decide if the person petitioning the court becomes an adult's guardian, or if the person in question is in need of a guardian at all, officials said.

Others may assume the responsibility, but through other means.

“A person in their right mind could give someone a power of attorney due to illness or needing care,” said Bracken County Circuit Court Clerk Kathy Free.

To get legal guardianship of an adult there must be petitions filed to determine if the adult is disabled, in addition to an application to approve fiduciary, and evaluations by a mental health professional, a general practice physician and a social worker, and a jury trial, Free said.

“At a trial, the social worker usually testifies about the medical information and the person petitioning to be the guardian describes why they believe the person should have a guardian,” Free said. “That may include describing day-to-day things, like caring for themselves, eating habits, ability to do certain tasks.”

The jury decides after weighing the testimony, she said.

Some of the actions can be expedited -- if the person needs emergency medical care, an emergency appointment of fiduciary can be done, Free said.

An attorney-ad-litem, representing the adult, is also appointed when a guardianship is requested.
The Bracken cases were different but alike in the results. One went through the legal process and the other did not.

With guardianship papers in hand, Anthony Cottey appeared to use fear and intimidation as weapons on his victim.

According to court records, Cottey used his sister's need for supervision and intimidation to take thousands of dollars from her and from her inheritance.

Full Article & Source:
Elder abuse, neglect hits close to home