“The false impression out there blaming families and relatives for 90% of elder abuse means that guardians can protect their own paychecks by maligning families in court, which they often do. It also means that the public is distracted away from looking at the larger entities abusing the elderly right under our noses.”~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Most people believe that elder abuse
is all about Granny surrounded by family predators who just want to grab
her money and throw her to the wolves. You’ll hear plenty of rumblings
claiming that families and people closest to elders are responsible for
90 % of all elder abuse.
The National Care Planning Council is one of many who quote this figure. The article is titled “ Perpetrators of Elder Abuse are Usually Family Members:” . Even AARP claims that
“ You’d like to think that elder financial abuse is committed mostly by
strangers. You’d be wrong. In reality, it’s more likely to come at the
hands of family members and caregivers”
Why does everyone blame families?
The latest 2011 study done by MetLife shows that in terms of dollars stolen from elders, families are not the most likely to steal the most dollars: After examining three months of national news feeds, plus other data, researchers determined that businesses stole $205,243,400; Family members and friends stole $11,515,737, Strangers stole $7,612,513, and Medicaid/Medicare fraud caused the most damage–$306,105,093.)
NAPSA (National Adult Protective Services Association)
is another organization that blames families for most of the elder
abuse that takes place today. Their figure again is 90%. Adult
Protective Services investigates domestic settings. Since most of us
don’t have lawyers or financial advisors living with us at home, my
guess is that these culprits have been left out of the equation.
Families obviously do financially
abuse elders, often by way of Power of Attorney, but few experts really
talk about financial abuse by the larger “protection” industries that
surround elders. Those systems sometimes exert more leverage against
elders than you’d think. How about your state? There are hidden ways
in which elders are abused for profit in this country, and you won’t see
these described in any MetLife study.
Consider that just in the state of
Maryland alone there’s a 6% bed tax that applies to nursing homes. The
healthcare provider applies for and is reimbursed by Medicaid for that
tax. You’d think those funds would then be matched by the state and
used to support the elderly who are IN those beds. Not so. At least 35%
of all federal Medicaid funds received in Maryland for the purpose of
supporting nursing homes can be diverted for other purposes by using a
process called IGTs, or “intergovernmental transfers” which enable this
practice. Many states use the same tactics as Maryland, and some states
don’t properly match federal Medicaid dollars with state funds. This
problem slips by, unnoticed due to the underhanded tactics using
Intergovernmental Transfers. California raised 3 billion in hospital
bed taxes in 2013, and only 40 million went to hospitals. (Daniel L.
Hatcher, The Poverty Industry, p. 140-142,
New York University Press, 2016} The sad part is that one of the
richest states, Maryland, receives the same score as one of the poorest
states—Mississippi–when it comes to Nursing Home Quality of care. That
score is a big fat D! (Ibid. p. 140} The strategy used by state IGTs
to fill the general state coffers basically steals money from the infirm
and elderly, leaving them to suffer, drugged to ease the pain caused
by deadly bedsores, broken bones, lack of care, and financial fleecing.
This, I’m sure also applies to fleecing the mentally ill, disabled,
children in the foster care system, and prisoners.
What’s happening in U.S. nursing
homes due to funds not been used as they should be–to increase staffing
–is FAR more egregious than kids fleecing Granny, as awful as that
situation is. Think BILLIONS of federal dollars being siphoned away
from care of the elderly. Yet a Granny at home being fleeced for a few
thousand dollars might command far more attention by AARP who targets
elders as customers for insurance. I’m not saying family abuse doesn’t
exist. Of course it does and it’s a horrific problem.
Families, though, are often
considered the enemy by those who are in the protection industry, yet in
many of the financial abuse cases involving family, the state courts
and the people who systematically work in those courts use family
financial abuse cases to “save” elders by deeming them incapacitated,
and changing their lives forever—
This process can take place in 15 minutes behind the closed doors without the victim being present.
The elder, declared to be in an “emergency” situation (hearsay is acceptable—there are no high standards for evidence) is officially stripped of fundamental rights then put under the care of a professional for-profit individual guardian or company who then charges outrageous unaudited fees to the elder’s estate. Victims can’t do a thing about it because now have no rights. (If you would like to read how this system works, here are 450 documented cases. ) Without fundamental rights to make decisions (Granny has lost the right to hire an attorney, and her family has “lost legal standing”) she can be held in place like a bug pinned to a wall. She is usually drugged in a nursing facility after the guardian sells her home and belongings to ensure a nice paycheck for “services.” The family is completely shut out in many cases.
For decades, families of victims have
complained about this removal of rights for profit. I receive hundreds
of complaints on my facebook page, www.facebook.com/boomersbeware.
State and county courts are using gag orders to keep families of
victims quiet. Meanwhile, guardians and/or conservators with complete
control over these elders, fleece their estates without accountability
or monitoring. If you still find all of this unbelievable, please read the New Yorker article about it:
The false impression out there
blaming families and relatives for 90% of elder abuse means that
guardians can protect their own paychecks by maligning families in
court, which they often do. It also means that the public is
distracted away from looking at the larger entities abusing the elderly
right under our noses.
The Government Accountability Office published a shocking report by the “Director of Health Care—Medicaid and Private Health Insurance Issues,” Kathryn Allen, who had this to say about the breadth of state schemes that abuse the elderly:
“For many years states have used varied financing schemes, sometimes involving IGTs (intergovernmental transfers) to inappropriately increase federal Medicaid matching payments. Some states, for example, receive federal matching funds on the basis of large Medicaid payments to certain providers, such as nursing homes operated by local governments, which greatly exceed established Medicaid rates. In reality, the large payments are often temporary, since states can require the local-government providers to return all or most of the money to the states. States can use these funds—which essentially make a round-trip from the states to providers and back to the states—at their own discretion.”
We’re accusing families, friends and
neighbors of causing problems for the aging population when there’s a
humungous plot out there to use the elderly as cash cows, and it isn’t
caused by family dysfunction. In fact, the intention of a lot of these
organizations seems to be to separate elders from their families in
order to make money.
Full Article & Source:
Thanks for saying all of this. People don't know the other side.
ReplyDeleteFamilies can be just as bad as the professional guardians.
ReplyDeleteSusan says...
ReplyDeleteI totally agree with the article. I've been speaking out locally about this very matter. It is easier to go after members of the public vs. "professionals." White collar crime often requires investigating bank accounts and medical records, and it is not quick/easy to gain access to the accounts/records. In my area, county government staff don't know what to do when complaints involve professionals. In other words, there is no apparatus for investigating white collar elder crime other than the police, who typically just don't seem to know what is involved with crimes by professional fiduciaries/conservators and their attorneys. They don't seem to know what to look for.
In my mother's case, the police (and even bank staff) didn't even ask if the fiduciaries actually held legal authority over my mother's accounts/investments (etc). The conditions for activating the powers of attorney were never met, yet no one seemed to notice this.
I want certified fraud examiners (and/or similar) required in County and police and court processes involving the elderly. Current systems are not protecting the most vulnerable.
Susan in California
Thank you for bringing out how much more professionals steal than family. It is in the professionals' best interest to point at family and deflect.
ReplyDeleteSusan says...
ReplyDeleteCarolyn mentions that "families can be just as bad as the professional guardians." There are some families (or family member(s)) who engage in disturbing actions. But, this does not include *all* families. What percentage are we actually talking about -- no one mentions this. How convenient.
I attend Alzheimer Association support groups and have been doing so for over 8 years. These people -- all of them attending the groups -- have given up their lives to support their family member(s) with dementia. I know a lot of people and NO family I know of has ever done anything bad to the elders in their family. The worst I've seen is that some don't visit often enough.
I agree, Finny. It is in the professionals' best interest to point at family and deflect. The whole topic needs to be opened up wide for public discussion. Kudos to the article.
Susan in California