Preliminary results indicate that abuse of the elderly occurs 25 times more often than officially reported, according to the New York State Elder Abuse Prevalence Study of November 16, 2010.

Abuse occurs at a rate of 76 per 1,000 State residents – physical, psychological, financial. Abuse of non-financial mistreatment occurs at the rate of 46.2 per 1,000 State residents.

The highest rate is major financial exploitation (theft of money or property; use of items without permission; impersonation to get access; force or deception to get items such as money, bankcards, accounts, powers of attorney) – 41 per 1,000 surveyed.

The report compared “documented cases” (those referred to agencies like Adult Protective Services) which identified 11,432 victims in 2008; yielding a rate of 3.24 elder abuse victims per 1,000 seniors, against the much higher self-reported number in this study.

The report’s numbers show:
– All types of elder abuse – 23.5 unreported cases to every one reported.
– Financial exploitation – 43.9 self-reported cases to every one reported.
– Neglect cases – 57.2 cases unreported for every one reported.

This suggests a significant gap between elder abuse reported and cases referred to formal elder abuse service systems, such as Adult Protective Services (APS).

Overall, the study found elder abuse frequency nearly 24 times greater than the number of cases referred to agencies that assist seniors – social service, law enforcement, legal authorities. An estimated 260,000 older adults in the State have been victims of at least one form of elder abuse since turning 60.

More than Simple Abuse

Most people associate “elder abuse” with a physical act. This study demonstrates that a substantial amount of the abuse is financial exploitation. Seniors often have substantial assets under their control. Americans over the age of 55 control 70 percent of the nation’s wealth. MetLife reported that from March 2009 “cases actually reported to authorities represent only the ‘tip of the iceberg.” This new study confirms the significant underreporting of elder abuse in the State.

One article notes approximately 60 percent of substantiated APS cases of financial abuse involve adult children, compared to 47 percent for all other forms of abuse. Most distressing is the unsavory involvement of family members. Another study found that 16 percent of fraud was committed by a member of the senior’s family. Examples include fraudulent transfers of property; transfers of property for less than fair value, or mortgages obtained for cash says Los Angeles Elder Abuse Attorney Steven C. Peck.

Many of the elderly, especially women, may not understand the value of their assets. The Federal Trade Commission found that fraudulent telemarketers direct nearly 80 percent of their calls to seniors.

Other Financial Abuse

The FBI website contains an exhaustive list of reasons why seniors are preyed upon:
– Senior citizens are most likely to have “nest eggs,” own their homes, and/or have excellent credit.
– Those raised in the 1930s, ’40s and ’50s were taught to be polite and trusting. Criminals exploit these traits.
– Older Americans are less likely to report fraud; why, because they may not know where or how to report, are too ashamed, may not realize they were victimized. Seniors may keep these crimes secret out fear of losing their independence.
– Seniors are often poor witnesses – memory may be faulty, a failure to supply detailed information, or the lapse of time until the harm is has been discovered – makes it even more difficult.
– Exploitation in products promising increased cognitive function, virility, physical conditioning, cancer treatment, etc. are commonplace.

Those who exploit the elderly unrelenting in their efforts to steal the financial security that took a lifetime to achieve.

How to Prevent

Prepare. Have a well-planned estate. Make sure the proper legal instruments are in place. Meet with an experienced estate planning attorney. If you suspect abuse to anyone by anyone, report it without delay.

These are real concerns. We are not suggesting that it will happen to you. Merely that the best way to protect yourself and those you love is to be proactive.

What Should You Do

If you suspect this may have occurred, act without delay. Contact an experienced Peck Law Group elder abuse attorney toll free at 1.866.999.9085. We will help you!!!

If you think all nursing homes are pretty much the same, ask the experts at the federal Centers for Medicare and Medicaid Services (CMS). The center uses a five-star rating system to rank facilities certified by both insurance programs.

The ratings factored in three years of health and fire-safety inspection results, substantiated complaints and quality-of-care measures, as well as current staffing levels. They used information that was current as of Jan. 20, 2011 but it may not reflect more recent inspection or survey results of nursing homes in the State of Minnesota area says California Nursing Home Abuse and Neglect Attorney Steven C. Peck.

They ranked each facility by the number of health deficiencies in the most recent inspection cited by CMS.

They also have listed complaints that were substantiated by the Minnesota Office of Health Facility Complaints.

1 Golden LivingCenter – Chateau, Minneapolis, 28 health deficiencies

One substantiated complaint: Six bathrooms were cited with problems, including sticky floors, a soiled wall and black residue on the floor. Investigators noticed urine odor in two bathrooms, which was linked to malfunctioning ventilation systems.

2 Texas Terrace Care Center, St. Louis Park, 20 health deficiencies

Five substantiated complaints: Staff gave up trying to open a door blocked by a nonresponsive resident who had hanged himself. A resident’s arm was broken when a worker twisted it. A male worker kissed and molested a female resident. A resident died after staff did not properly react to his low oxygen-saturation rate. Sign-language services were not always provided.

3 Berkshire Residence, Osseo, 16 health deficiencies

Two substantiated complaints: A resident was burned after he lit a cigarette while on supplemental oxygen. A resident was given a double dose of a medication for 13 days.

4 Robbinsdale Rehabilitation and Care Center, Robbinsdale, 12 health deficiencies

Six substantiated complaints: A worker threw a glass of water in a resident’s face and swore at her. A resident sustained burns from smoking while on supplemental oxygen. The health care of a resident with behavior issues was neglected. Medications were not given at appropriate times, care plans were not followed and workers were slow to respond to call lights. Social work services were inadequate and care conferences were not timely. Drug disposal was done improperly.

5 Westwood Health Care Center, St. Louis Park, 8 health deficiencies

Three substantiated complaints: A resident received third-degree burns from a hot compress. A male worker kissed and molested a female resident. A resident was found lying under her wheelchair on a concrete landing in a stairwell.

Westwood is one of four Minnesota nursing homes designated as a “special focus facility” by the CMS for having a “history of persistent poor quality of care.” The facility has been on the list for 15 months and is subject to more frequent inspections.

The three other homes on the list: Crest View Lutheran Home, Columbia Heights, Willmar Commons Nursing and Rehabilitation, Willmar, and Valley View Manor, Lamberton.

6 Serenity Care Center – Bethesda, South St. Paul, 8 deficiencies

Two substantiated complaints: Staffing and equipment were insufficient and nursing care was inadequate. Staff were not alerted when a resident fell and broke several bones, because the resident was not equipped with a personal safety alarm.

7 Mission Nursing Home, Plymouth, 2 health deficiencies

Two substantiated complaints: A worker forged documents and diverted narcotics for her own use. A worker hit a resident, giving him a cut on his chin.

Before you put your love one in a nursing facility check with your State Department of Health Services if any facility has had complaints and that those complaints have been in fact substantiated.