Florida AG: Woman Charged for Exploiting Disabled

An Alachua County woman, Zonia Cooper, was arrested after an investigation by the Medicaid Fraud Control Unit of the state attorney’s office, alleging she exploited 11 disabled adults.

The Medicaid Fraud Control Unit is dedicated to protecting elderly and disabled adults in health-care facilities throughout Florida, and we will not allow these individuals to be exploited or abused,” Attorney General Pam Bondi stated in a release.

Cooper, 44, was the former group home manager at Arc of Alachua Group Home, according to a release from the attorney general’s office.

According to the investigation, Cooper misappropriated more than $1,300 from 11 disabled adults under her supervision. Cooper has been charged with 11 counts of exploitation of a disabled adult and one count of scheme to defraud, all third-degree felonies. If convicted of all charges, Cooper faces up to 60 years in prison and a $60,000 fine.

The case will be prosecuted by William P. Cervone, state attorney for the 8th Judicial Circuit.

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Pam Bondi: Alachua Woman Charged for Exploiting Disabled

MI Governor Signs Senior Protection Legislation

Gov. Rick Snyder signed a 10-bill package to protect Michigan's senior citizens and vulnerable adults. The measures encourage the reporting of elder abuse and strengthen penalties for those who are convicted.

"The abuse of seniors and vulnerable adults is one of the fastest growing crimes in our state, and law enforcement agencies will now have better tools to help protect potential victims from financial and physical abuses," Snyder said.

The governor called for the legislation's passage in his special messages on health and wellness and public safety.

Sen. Tonya Schuitmaker sponsored Senate Bills 461, 464 and 466 in the package.

Senate Bill 461 prevents a person from benefiting from the estate of a deceased person if the person who is to receive benefits has been convicted of abuse, neglect, or exploitation. SB 464 increases coordination between state and local authorities to expedite abuse investigations. And SB 466 establishes a public notification system for missing seniors, similar to the Amber Alert for missing children, called the Mozelle Senior or Vulnerable Adult Medical Alert Act. The measures are now Public Acts 173, 175, and 176 of 2012.

Other bills in the package are:

SB 454, sponsored by Sen. Mike Nofs, allows vulnerable adult victims to give court testimony via closed-circuit television or prerecorded video. It is now Public Act 170 of 2012.

SB 455, sponsored by Sen. Tory Rocca, provides sentencing guidelines to enhanced punishment for criminals who fraudulently obtain a senior's signature. It is now Public Act 169 of 2012.

SB 457, sponsored by Sen. Patrick Colbeck, allows county medical examiners to establish death review teams to investigate the unexpected death of a vulnerable adult under suspicious circumstances. It is now Public Act 171 of 2012.

SB 459, sponsored by Sen. Judy Emmons, increases the penalties for the financial exploitation of vulnerable adults and strengthens the punishment for criminals who fraudulently obtain a senior's signature. It is now Public Act 172 of 2012.

SB 462, sponsored by Sen. Steve Bieda, establishes reporting requirements for employees of long-term care facilities when they suspect or have knowledge of abuse and neglect at a facility. It is now Public Act 174 of 2012.

SB 465, sponsored by Sen. Dave Hildenbrand, strengthens penalties for criminals who embezzle from seniors. It is now Public Act 168 of 2012.

SB 468, sponsored by Sen. Goeff Hansen, prohibits a court magistrate from refusing complaints of abuse against vulnerable adults that are filed by someone other than the alleged victim. It is now Public Act 177 of 2012.

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Snyder Signs Senior Protection Legislation

Watch Your Elderly Parents' Wallets

The news is none too good for the nation’s elders. The problem of swindles targeting the elderly is getting worse, so say 84 percent of the more than 750 experts who deal with investment fraud and financial exploitation of senior citizens, in a just released poll by the Investor Protection Trust.

Nearly 100 percent of those surveyed say that older Americans are very or somewhat vulnerable to financial scams.

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Watch Your Aging Parents' Wallet -- Somebody's Waiting to Rip Them Off

Schumer Pushes for Legislation to Fight Elder Abuse

By Thursday afternoon, millions of people had read or heard reports of an elderly bus monitor in suburban Rochester who was ruthlessly bullied by a group of middle-school boys.

The incident prompted an outpouring of support for the 68-year-old woman and a swift response from authorities. It was a case of highly reported elder abuse.

But most elder abuse cases don’t receive so much attention. In fact, thousands of cases of elder abuse in upstate New York don’t get any.

According to a study by Lifespan of Greater Rochester Inc., approximately 260,000 seniors statewide are abused annually, and only 1 in 24 cases gets reported to authorities. Abuse includes financial exploitation and physical and emotional abuse or neglect.

According to estimates, there were approximately 3,500 cases of elder abuse in Chemung (1,530), Schuyler (267) and Steuben (1,710) counties in 2010. The counties had a total senior population of approximately 45,000 in 2010.

U.S. Sen. Charles Schumer, D-N.Y., said the state’s elder abuse situation is unacceptable, and he’s pushing for comprehensive legislation to address the issue.

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Schumer pushes for legislation to fight elder abuse

TX Lawyer Stephen C. Brewer Disbarred

A Bedford attorney has been disbarred by the State Bar of Texas following accusations he failed to render appropriate legal services to an elderly client.

Stephen C. “Steve” Brewer is no longer eligible to practice law after he “neglected the legal matter entrusted to him by failing to perform any meaningful legal services on behalf of the complainant” in a probate matter, according to an order of default disbarment.

Brewer was accused of professional misconduct when he failed to keep his client reasonably informed about the status of a case and to promptly comply with requests for information, the bar said.

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State Bar: Bedford Attorney Disbarred, Ex Assistant AG in Fort Worth Suspended

NY Senate Passes Bill Criminalizing Exploitation of the Elderly

The State Senate responded to the need for increased protection against financial exploitation of elderly and vulnerable adults by passing legislation to make such actions a crime. The legislation (S6712 ), sponsored by Senator Patrick M. Gallivan (R-C-I, Elma), gives district attorneys and police the tools they need to prosecute instances of financial exploitation of vulnerable elderly or people with physical or mental disabilities.

“Scams targeting the elderly and disabled have become increasingly more sophisticated and widespread in recent years,” said Senator Gallivan. “This legislation will give district attorneys and local law enforcement the prosecutorial powers needed to protect some of New York State’s most vulnerable citizens. Twenty-nine other states have enacted statutes specifically designed to protect senior citizens against financial abuse and I applaud my Senate colleagues for taking the first step towards ensuring that New York does the same.”

Financial exploitation of the elderly or those who have a physical or mental disability that prevents them from caring for themselves is a pervasive and often unseen form of abuse. The National Center on Elder Abuse defines elder financial exploitation as “the illegal or improper use of an elder's funds, property or assets.” Such instances of exploitation can include credit card fraud, real estate scams, identity theft and burglary, which are also notoriously difficult to combat. Even when reported to local authorities, antiquated criminal statutes make it difficult to prosecute these offenses.

The bill establishes exploitation of a vulnerable elderly, incompetent, or disabled person as a form of larceny. It also requires adult protective services officials to report all instances of suspected exploitation to their district attorney's office.

The bill will be sent to the Assembly.

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Senate Passes Bill to Create New Crime of Exploiting the Elderly and Vulnerable Adults

Funding for Louisiana's Elder Unit Moves to Health Department

Some Louisiana lawmakers and most state Council on Aging officials celebrated during the session when legislation was defeated that would transfer the investigation of elderly abuse cases from the Governor's Office of Elderly Affairs to the Department of Health and Hospitals.

But since the state budget transferred the funding and staffing for the investigations to the health department, the move has begun without the legislation authored by Sen. Sherri Smith Buffington, R-Keithville.

"With HB1 becoming law, elderly protective service functions from the Governor's Office of Elderly Affairs will now be transferred to DHH," said health department Secretary Bruce Greenstein.

"To be clear, this action does not merge GOEA and DHH, and it has no impact on Councils on Aging or Area Agencies on Aging," he said. "This transfer consolidates adult and elderly protective services under one roof, eliminates duplicative services, more effectively leverages resources, and, most importantly, better serves vulnerable populations throughout the state."

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Funding for La's Elder Unit Moves to Health Department

HHS Grants to Help Protect Seniors, Test Elder Abuse Strategies

Health and Human Services (HHS) Secretary Kathleen Sebelius today announced a $5.5 million funding opportunity for states and tribes to test ways to prevent elder abuse, neglect and exploitation. This initiative helps to implement the Elder Justice Act, which was enacted as part of the Affordable Care Act. Secretary Sebelius made the announcement at a White House World Elder Abuse Awareness Day commemoration. The event brings together the public and private sector to address elder abuse issues.

“We need to be on the look-out for elder abuse and act when we see it,” said Secretary Sebelius. “Today we are sending a clear message that elder abuse will not be tolerated or kept in the shadows.”

Elder abuse is more common than generally believed, the Secretary noted, yet it often goes undiagnosed and unaddressed. Each year, millions of elderly Americans are assaulted, demeaned, intimidated, left without adequate food or care, or robbed of their life savings; yet, research suggests that elder abuse is significantly unreported.

Secretary Sebelius also announced that she will convene the first Elder Justice Coordinating Council meeting, as called for in the Elder Justice Act enacted as part of the health care law. The council, comprised of federal agencies that have responsibilities or programs related to elder abuse, neglect, and exploitation, will work to address the cross-agency coordination of activities relating to elder abuse, neglect and exploitation.

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HHS Grants to Help Protect Seniors, Test Elder Abuse Strategies

Consumer Bureau Launches Investigation Into Financial Abuse of the Elderly

Saying that older Americans have been scammed out of billions of dollars, the Consumer Financial Protection Bureau on Thursday launched an inquiry into financial abuse of the elderly.

"The silent crime of financially exploiting the elderly is widespread and it is devastating. It is critical for us to act," Richard Cordray, the agency's director, said at a White House forum Thursday marking World Elder Abuse Awareness Day. "The generation that rebuilt and sustained this nation out of a devastating Depression, the dark hours of World War II, and the anxious fears of the Cold War deserve our care now in their turn."

Cordray cited a recent study that said Americans 60 years of age or older lost at least $2.9 billion to financial exploitation in 2010, up 12% from 2008.

As part of the Dodd-Frank financial reform law that created the agency, Congress instructed it to specifically focus on protecting senior citizens. In October, former Minnesota Atty. Gen. Hubert H. "Skip" Humphrey III was appointed to head the agency's Office of Older Americans.

In 2010, Consumers Union said that older Americans were particularly vulnerable to being misled on reverse mortgages and called for more government oversight.

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Consumer Bureau Launches Inquiry Into Financial Abuse of the Elderly