Showing posts with label Adult Protection Services. Show all posts
Showing posts with label Adult Protection Services. Show all posts

Tuesday, October 10, 2017

Conference raises awareness of elder abuse

Adult Protective Services held the 10th annual Crimes Against the Elderly Conference Sept. 26 at the Region 19 Education Service Center.

About 650 people attended the free event, which included experts who spoke on how to protect seniors and disabled adults, white-collar crimes that target the elderly, guardianship abuse and mental health.

APS presented the Community Partner Award to Margie Resendes with Texas 211. She was honored for her dedication and service to protecting a vulnerable population.

Founding board members Mitch Ayala, Susana Reza and Mary Yanez were each awarded the Legacy Award.

Last year, APS validated 1,973 victims of abuse, neglect and exploitation in the El Paso area. However, four of five incidents of elder abuse are never reported to the authorities, according to APS.

Full Article & Source:
Conference raises awareness of elder abuse

Friday, August 4, 2017

The Scourge of Elder Abuse

Dr. David Lipschitz
Recently, I saw a 78-year-old woman who was brought to the clinic with Alzheimer's disease. She had bruises on both of her arms and refused to speak in the presence of her husband.

He said she just didn't listen and to move her from one place to another required force on his part.

He refused to believe that what he was doing was elder abuse that is defined as a “knowing, intentional, or a negligent act by a caregiver or any other person that causes harm or a serious risk of harm to a vulnerable adult.” The abuse may be verbal, physical, sexual, neglect or financial.

Sadly, caregivers can take advantage of an older parent. Often one family member reports that sibling is taking advantage of their parent and stealing them blind.

Not infrequently, family keep and use a parent's resources for their own purpose, manipulate the will or frankly steal funds from their parent.

Difficult and fractious litigation is often needed to resolve the problem and often the concerned family cannot afford or don't feel the effort is worth it. This form of abuse that is clearly motivated by greed.

Criminal abuse occurs from neglect where the patient is not fed, bathed or given medications, from violence and on occasion sexual assault that, just like child abuse by a parent, is a well-recognized concern amongst dependent older women.

The stereotypic view of an abusive caregiver is incorrect. Abuse does not discriminate on the basis of race, sexual orientation, economic status or level of education.

Although caregiver stress may contribute to abuse, it's not the only cause. Even in the most loving families, the risk of some form of abuse remains high.

A recent research study published in the British Medical Journal indicated that over half of all caregivers of Alzheimer’s patients admitted that they had behaved abusively toward the patient.

Although physical abuse was rare, 26 percent admitted to screaming or yelling at the patient, insults and swearing occurred in 18 percent and in 4 percent, the caregiver threatened to send the patient to a nursing home.

All admitted guilt and wished it didn't happen and admit that stress contributed to the problem.

Not uncommonly, the caregiver will state that he or she was provoked and were responding to an act of aggression by the patient or another difficult situation, such as an unwillingness on the part of the patient to cooperate.

While we must do what we can to prevent elder abuse, it's imperative that healthcare providers be aware of the warning signs of abuse.

The patient may show obvious bruises, there may be evidence of old fractures or he may be unkempt and undernourished. Emotional abuse is more difficult to recognize.

The patient is usually agitated, very quiet around the caregiver and may be clinically depressed and withdrawn.

An abusive caregiver will often refuse to bring the patient to see the doctor, refuses to allow the family to visit and has no explanations for the patient's physical findings and demeanor.

We must also be aware of the characteristics of caregivers most likely to abuse. No matter how loving and well adjusted the caregiver, potential that abusive behaviors always exist.

However, there are certain characteristics that are common in caregivers who are more likely to abuse. Abuse is more common in males, in those who have themselves be abused, have low self-esteem and are usually the primary caregiver who lives with the patient.

Often abuse occurs because the caregiver reaches a breaking point and has nowhere to turn.

It's important therefore that close attention is paid to the caregiver, making sure his or her needs are met, encourage respite and joining a support group.

But if there is a high level of suspicion the health care provider is required to ask for an evaluation by "Adult Protective Services."

Abuse is a fact of life, by paying close attention, listening hard and being aware the problem abuse can be identified or if the risk is high steps can be initiated to avoid the problem.

Vulnerability to abuse occurs in those who are dependent at the extremes of life and sadly abuse of our elders is as common as abuse in children.

Dr. David Lipschitz is the medical director for the Mruk Family Education Center on Aging and the Fairlamb Senior Health Clinic. Contact him at askdrdavid@gmail.com.

Full Article & Source:
The Scourge of Elder Abuse

Tuesday, April 18, 2017

What to do when an elderly neighbor needs a guardian

Tarrant County Probate Court
An elderly woman in her 80s whom we’ll call Molly recently was wandering her street at night, causing concern in her tight-knit neighborhood. Her family all lived out of the state and her caregivers were gone because she had hit them.

Molly’s next-door neighbor turned to the Tarrant County Probate Court and filed an information letter, found on the court’s website, to the probate judge suggesting the need for guardianship or an investigation.

The probate court did investigate, and Molly’s front door was ajar when Dyann McCully, a Fort Worth attorney in the case, came to talk to her.

“The neighbors kept an eye on her,” McCully said. “But she was wandering out at night, she drove, she was not eating and she had short-term memory problems.”

The neighbor testified before the judge about Molly’s condition and ultimately the family hired a temporary private professional guardian to get her in a healthcare facility to have her assessed.

“It’s all about trying to do what is best for them,” McCully said. “Usually we’re not talking about sending them to a nursing home. Most of the time they are physically fairly strong. They don’t need a nurse, they need a secure, safe environment.”

Such an alternative is one area of law to be discussed April 22 at this year’s 13th annual People’s Law School, a free clinic open to the public hosted by the Tarrant County Bar Association.

The school, which routinely draws around 300 people, covers a variety of subjects from adult guardianship to wills and trusts. This year, there are eight topics to choose from during three 50-minute sessions.

McCully, an attorney with the Blum firm, said guardianship is becoming an increasingly relevant topic as our population ages.

“It is an area of growth because of the aging baby boomers,” she said. “More folks are needing assistance. And no one wants to move out of their home.”

A call to Adult Protective Services may or may not get investigated, McCully said.

“APS will sometimes investigate, but they are overworked and understaffed,” she said. The probate court is another authority to turn to. If you have a concern about someone who may need a guardian, the procedure is explained on the court’s website at https://www.tarrantcounty.com/en/probate-courts.html.

Not all cases end up with a full guardianship and/or moving the person into a nursing home, she said.

“I would say about half the time we are successful in avoiding guardianship,” she said. “We’ve seen people get better after they were properly evaluated and treated.”

Probate and some recent probate alternatives will be discussed at the People’s Law School by attorney Louis Stefanos.

Among his topics will be Transfer on Death deeds, created by the Texas Legislature and put into effect in 2015. The deeds simplify the process for transferring a property to a named beneficiary without having to go through probate court.

Mostly designed for a single residents, a Transfer on Death deed must be signed, notarized and recorded in the deed records of the county where the property is located prior to the death of the grantor. The deed does not go into effect until the property owner dies, and it can be revoked if the property owner wishes.

The property owner still has the same rights of ownership while they are alive, such as getting a property exemption, using the house as collateral on a loan or selling the property.

The Texas Access to Justice Commission has a do-it-yourself Transfer on Death deed kit online that includes the forms and instructions for completing the deeds, a revocation form and an affidavit of death that must be filed when the property owner dies. The kit is available at www.TexasLawHelp.org.

A small estate affidavit is another way to avoid probate court, Stefanos said.

This process is designed for people without a will and must be filed by an attorney within 30 days after a person passes away. The forms and help can be found at the Texas State Law Library at www.sll.texas.gov and www.TexasLawHelp.org.

Attorney Steve Katten will be discussing when to take Social Security, as well as information on disability and survivor benefits, during his session.

“We have people coming in to ask about disability, but they don’t realize they have to have worked 20 of the last 40 quarters to qualify or they can’t get into the system,” he said.

As to when to start Social Security, Katten said many people start at 62 because they think it is the best way to get all the money back they have poured into the system during their work life.

Katten disagrees.

“The full benefit age is 66 now, but it can increase your benefit 5 percent every year after that until age 70,” he said. “I’m a big believer in delaying as long as you can, unless your health is bad, in which case you should take it sooner.”

Sign up for the People’s Law School today. It’s free, and it just might save you some money.
more here: http://www.star-telegram.com/news/business/biz-columns-blogs/teresa-mcusic/article143367799.html#storylink=cpy


Read more here: http://www.star-telegram.com/news/business/biz-columns-blogs/teresa-mcusic/article143367799.html#storylink=cpy
Full Article & Source:
What to do when an elderly neighbor needs a guardian

Wednesday, February 1, 2017

Family Not Pleased With Outcome Of Elderly Exploitation Case

BOULDER, Colo. (CBS4) – The family of a couple involved in an elderly exploitation case says the Boulder County District Attorney’s Office shouldn’t have been so quick to dismiss the case.

“It has affected a huge amount of people. There’s no justice for us at all,” said LaVinia Reneau, the daughter of Frank and Lavinia Reno.

Family members started contacting Lafayette police and Adult Protective Services in the spring of 2016. They were concerned that Julie Steenhoek had moved into the home with nefarious intentions.

Julie Steenhoek (credit: Jefferson County)
Julie Steenhoek (credit: Jefferson County)

“She weaseled her way in very slowly, very methodically. It was over about two or three years. I started finding out she was taking over her finances, their health decisions, things like that,” Reneau said.

Frank Reno has Alzheimer’s disease and hasn’t been able to help investigators. An emergency injunction was issued during the summer of 2016 to stop the sale of the Reno’s home.

(credit: CBS)
(credit: CBS)

“She was about ready to sell the house take all the money from the house and move my mom and dad down to Arizona,” Reneau said.

Steenhoek was charged with a felony count of at-risk exploitation. At the end of December, the case was dismissed by the district attorney’s office. The dismissal form states, “The victim is deceased, and the defendant has renounced any right to inherit under the terms of the victim’s trusts and/or estate. In these circumstances, the People felt that it is in the interests of justice to dismiss the case without prejudice.”

(credit: CBS)
(credit: CBS)

Reneau says there are more victim’s than just her mother.

“My dad is still alive he needs to be cared for. There was theft. She sold a ton of stuff of my parents, my parents’ personal belongings, and I believe she had a hand in the death of my mom,” Reneau said.

Reneau says she has not been told by prosecutors why the case was dropped.

(credit: CBS)
(credit: CBS)

Numerous requests by CBS4 for an interview with the lead prosecutor were denied.

“I think it just sends the message that, ‘Hey, if you want to take advantage of elderly and weak people that are desperate and in need, you go ahead and do it.’” Reneau said.

Full Article & Source:
Family Not Pleased With Outcome Of Elderly Exploitation Case

Thursday, September 29, 2016

Coming Home?

Sandra Wood has spend the past four months recuperating from broken bones after a fall. Photo by Jeff Prince.
When Sandra Wood saw Billy Mittell earlier this month, the mute man with Down syndrome was making a sign created by putting his fingers together to fashion what looks like a roof. It’s the sign for “home.” Mittell was telling Wood he wanted her to take him back to where they lived for 30 years. It’s the same sign he was making the last time they saw each other back in January.

Mittell wasn’t born to Sandra Wood, but he latched onto her strongly once she became his legal guardian in 1986. Mittell, who spent his early years living in group homes with other mentally challenged patients, was thrilled to be taken in by Wood and given his own room in a real house. The woman he called “mother” loved him as if he were her flesh and blood.

But plenty has been broken in Wood’s life recently, most notably her heart. More literally, you can include two legs, an arm, and several teeth. It’s been a rough summer following a horrible winter.

The Fort Worth Weekly introduced Wood to readers in a 2016 cover story that described how a probate court judge removed her as Mittell’s primary caretaker (“Torn Apart,” March 16).

The 71-year-old Fort Worth resident was distraught after Adult Protect Services workers took Mittel in January, put him in a group home, and prevented Wood from seeing him. Mittell has no known relatives and had long relied on Wood for his basic needs and protection. They became a tight-knit duo that spent most days venturing out to eat lunch, playing bingo, visiting friends, feeding ducks at parks, and doing most anything else that was fun. Wood had carted Mittell to the same barber twice a month since the 1980s, and she even paid for regular manicures and pedicures for Mittell because he enjoyed them so much.

At a bingo hall on January 3, Mittel stumbled and fell in a parking lot. Wood took him to a hospital. Mittel’s injuries were not serious. And he had gone years without any health problems under Wood’s care. But a hospital nurse questioned Wood’s ability to care for Mittel. A swarm of social workers, medical professionals, and probate court representatives descended on Wood in the following days and quickly removed Wood’s guardian status. Mittel was gone.

Court officials will not discuss ongoing cases, but Aaron Shutt spoke to me about Wood and Mittell. Shutt is a board member of Guardianship Services Inc., the agency composed of case managers assigned by probate court judges to make decisions regarding a client’s housing, medical treatment, and money management.

“I understand that this is her son by all practical purposes,” Shutt said. “It is not our business to keep families apart. But our duty is to do what is best for the ward, and that is a delicate balance sometimes.”

In 2015, the Texas Legislature established the “least restrictive services” law, an act that more stridently requires guardianship to be considered as a last resort. Still, probate judges have shown in the past that they can interpret laws and dole out justice in most any manner they choose, including making decisions in closed hearings without family members being present and stripping defendants of their right to hire their own attorneys.

Wood began an immediate campaign to re-establish herself as guardian and get Mittel back home. She discovered what many people in Tarrant County have learned in the past 25 years –– local probate courts have established a network of medical care providers, attorneys, bankers, investigators, and professional guardians to take control of family situations gone awry. Many of those families say that the probate judges, however, are most interested in removing people from their families. Often times, group homes and other care facilities receive funding based on how many patients they serve. Banks are paid to watch the money. Attorneys and investigators are paid for their appointments. Many of those same people support the judges financially during elections.

Wood discovered that none of the social workers wanted to talk to her, much less tell her where Mittel had been taken. Court officials told her to lawyer up. Wood has little money to pay for a long court battle against a powerful probate judge and a well-oiled guardianship system.

Wood, overweight and diabetic, became distraught. Her appetite waned. She lost 50 pounds in three months. Her blood sugar levels fluctuated, and she became dizzy at times.

Wood called me on May 11 and said she had reached a caseworker by telephone and been given an opportunity to visit with Mittel in person at his group home later that week. Wood wanted me to go with her. I agreed but didn’t hear back from her. My phone calls to her went unanswered.

Three months passed. On August 24, I was sitting at my desk, thought of Wood, and called her cellphone number. She answered from a hospital bed, where she had been lying since the day after we had last spoken. Back in May, she had awakened, climbed out of bed, and headed toward the kitchen.

“I was walking down the hall thinking, ‘Should I make scrambled eggs or hard-boiled eggs?,’ and two days later I woke up, and I was lying on the floor,” she said.

A married couple and their two young children who live next door to her South Fort Worth home had come over to check on Wood. They found her lying unconscious.

“When I opened my eyes, all of them were standing over me,” Wood recalled. “I was bleeding from the mouth because I had knocked out a bunch of teeth. I woke up spitting teeth. The little boy picked one up and said, ‘Do you have to take this to the doctor?’ I said, ‘No, just put it in the trash.’ ”

The neighbors called an ambulance, and an EMT discovered Wood’s blood sugar was dangerously low. Doctors at Texas Health Harris Methodist Hospital treated her fractures, but Wood hasn’t been able to visit a dentist and still has half-broken teeth in her mouth.

Wood said her collapse is a direct result of having Mittel stripped away from her.

“I had been crying all the time and was upset all the time,” she said. “That kind of stress kills you. I miss [Mittel] so much.”

Once Wood began recovering, she resumed her calls to the probate court and its guardianship workers, trying to arrange a visit with Mittel. But her messages went unanswered, she said.

Probate court investigator Jeffery Arnier had sent a letter to Wood in May saying that “there is nothing preventing you from visiting [Mittel] and being a part of his life.” Arnier closed the letter by writing, “To my understanding, Guardianship Services, Inc. has not restricted you from access to [Mittel] and continuing to be a part of his life.”

Wood, however, couldn’t get anyone at Guardianship Services to talk to her, other than when she was told to get a lawyer.

I visited Wood at her hospital room on August 26 and found her in good spirits despite being confined to a wheelchair. She had lost another 50 pounds on top of the previous 50 pounds and looked like a different person than she was nine months ago when Mittel was removed from her home.

“Wow, you’ve lost weight,” I said.

“Well, that’s one way to lose it,” she said.

A court representative had told Wood that someone with the group home would be bringing Mittel for a visit on September 2 at Renaissance Park Multi-Care Center, where Wood was recuperating in west Fort Worth. Wood, however, was not given a specific time when Mittel would arrive. I wanted to document the reunion with pictures and a story and asked Wood to call me as soon as Mittel arrived. I could drive to Renaissance within about 20 minutes.

Wood called that afternoon to say Mittel had just arrived and for me to come quickly. I jumped in my truck and drove straight there. But by the time I arrived, the group home leader had already taken Mittel away. The visit had been a short one.

“They came in and weren’t here 20 minutes,” she said.

Scott Gordon, a patient at Renaissance, was sitting in the lobby and described seeing the reunion between Mittel and Wood. Many of the Renaissance residents came out of their rooms to see the reunion, he said, because everyone had heard Wood talking about the reunion for days.

“He went right up to her and hugged her,” Gordon said. “He was excited to see her. You can see the connection. You can’t doubt it. It is very evident that he loves Sandy.”

Mittel was unhappy when the reunion was cut short.

“He didn’t want to leave,” Gordon said.

Wood hated to see him go. But she was thrilled at the same time. She had finally been able to hug, squeeze, and talk to Mittel for the first time since January.

Wood is recuperating at home now and requesting another visit from Mittell.

Shutt, the guardianship board member, doesn’t think that will be a problem.

“It is my understanding that they were setting up a schedule whereby there could be regular visits between” Wood and Mittell, he said.

“The intent of Guardianship Services is to allow access and visitation.”

Wood, though, wants more than visitation. She is trying to raise money to hire an attorney to become re-established as Mittel’s guardian. She wants Mittel to move back into his room, which is still furnished and decorated like it was on the day that social workers took him away.

“He wants to be with me,” Wood said.

He wants to be “home.”

Full Article & Source:
Coming Home?

Saturday, July 2, 2016

Reports of elder financial abuse surge in Sacramento County


Reports of elder financial abuse jumped by 72 percent last year in Sacramento County as the public gained awareness of such crimes, more baby boomers entered retirement age and technology made it easier to perpetrate scams.

Financial abuse of the elderly can be inflicted by strangers who con their victims out of money but more often involves relatives and friends who take advantage of a victim’s trust, officials say. The elderly are seen as particularly vulnerable because of declining mental and physical fitness, they add.

Sacramento County is better prepared to handle the increase after reinstating a financial abuse unit within Adult Protective Services in January 2015. The county had eliminated the financial unit during the recession, but reinstated it because of concerns the county was unable to handle an increase in financial abuse claims.

Reports of such abuse had been rising for a while, and experts had pointed to demographic and technological trends as reasons the crimes would continue. A widely cited report by insurer Met Life called financial scams against the elderly “the crime of the 21st century.”

One contributing factor is the aging of the population, with the baby boom generation entering its senior years. About 170,000 people, or 12 percent of the population in Sacramento County, were 65 or older in 2014, according to U.S. Census Bureau estimates. That’s about 2 percent higher than 10 years earlier.

Another is technological, with scam artists from Canada and Jamaica using the internet to make phone calls that appear to have been made in Sacramento County, said Debbi Thomson, a manager for the county division that includes APS. The scam artists try to enlist the elderly into helping them collect bogus lottery winnings.

A third trend – higher public awareness – appears to have spiked last year at the same time reports went up, according to Thomas and Heidi Richardson, a program planner who previously worked for APS. In June 2015, the county paid for an eight-page advertising supplement in several publications, including The Sacramento Bee, explaining problems handled by Adult Protective Services.

The same month, APS received 403 reports, a record for one month, Richardson said.

Financial institutions have become more aware of scams against the elderly, in part because of a state law that requires them to report suspected abuse to county APS agencies, said Linda Sweet, adviser to First U.S. Credit Union and a member of Sacramento County’s Financial Abuse Specialist Team. The team consists of experts from various fields and helps APS and other agencies with investigative problems.

She said her credit union trains every employee to know the signs of fraud when dealing with elderly customers. She said the credit union once had an elderly customer who never used her credit card and all of a sudden had charges for $300 taxi rides. The rides turned out to be short trips made by someone other than the credit card holder.

“The scams have gotten more sophisticated,” said Sweet, who has served on the specialist team for approximately 15 years. “The elderly are often lonely, so they’re more likely to engage with people and become vulnerable.”

In a case prosecuted by the District Attorney’s Office last year, contractor Patrick R. Murphy was found to have targeted at least 12 elderly victims in a scam that involved small repairs at their houses. “Once those jobs were completed, Murphy quickly added jobs which grew in cost far exceeding the value of the work done. In several instances, payments were repeatedly made for the same work,” the office said in a news release.

Murphy, who defrauded the victims in excess of $500,000, was sentenced to 12 years in prison.

APS social workers lack law-enforcement powers, so they must submit cases of possible criminal activity to police. Cases in which victims lose money but criminal culpability is less clear sometimes are forwarded to one of the legal clinics at the McGeorge School of Law.

Melissa Brown, director of the clinics, said she has students authorized by the bar association to provide legal services under her supervision. They have filed several cases in Superior Court on behalf of elderly clients they say were defrauded of money, including one woman who lost everything – more than $100,000 – Brown said.

Such cases prove devastating for the victims. “Income security determines physical health. It’s hard to survive with no money,” she said. “When the finances are gone, it’s a big deal.”

Brown and Sweet say the county has benefited from reinstating the financial unit in Adult Protective Services. The financial cases often are complicated, and social workers develop expertise by specializing in those cases, they say.

The unit is made up of four social workers and one supervisor. Financial abuse is the most common type of report received by Adult Protective Services, which also handles complaints of sexual and physical abuse and other forms of mistreatment. When cases fall short of criminal activity, case workers can help by closing bank accounts, finding financial managers and other assistance, division director Thomas said.

Since the unit’s creation, reports of all types went up 29 percent. APS social workers will handle an average of 150 cases for the fiscal year ending June 30.

Full Article & Source:
Reports of elder financial abuse surge in Sacramento County