
Marcia Southwick ©9/19/18
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“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.”
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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.
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.
“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.
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