From: Kathryn Bosse [mailto:kbosse@matzblancato.com]
Sent: Thursday, February 14, 2008 3:01 PM
To: kbosse@matzblancato.com
Cc: rblancato@matzblancato.com
Subject: Elder Justice Coalition Report
To the Elder Justice Coalition:
Please see attached for important Coalition information!
Kathryn Bosse, Associate
Elder Justice Coalition
1612 K Street, NW Suite 400
Washington, D.C. 20006
Ph 202-682-4140
F 202-223-2099
elderjustice@verizon.net
www.elderjusticecoalition.com
To the Coalition:
UPDATE ON ELDER JUSTICE ACT
We are pleased to report several important new co-sponsors to both S. 1070 and H.R. 1783:
Senator Jay Rockefeller ( D-West Virginia) a senior member of the Finance Committee joined as a co sponsor of S. 1070 earlier this week.
Meanwhile, H.R. 1783 garnered 6 new co-sponsors, 5 of whom are Members of Committees where the House bill was referred. They include:
Ed Markey (D-MA) - Energy and Commerce
Ed Towns (D-NY) - Energy and Commerce
Mike Ross (D-AK) - Energy and Commerce
Shelly Berkley (D-NV) - Ways and Means
Stephen Cohen (D-TN) - Judiciary
Loretta Sanchez (D-CA)
NEW ELDER JUSTICE LEGISLATION
Rep. Joe Sestak (D-PA) has introduced H.R. 5352, the Elder Abuse Victims Act, to “protect America’s seniors from elder abuse by addressing and correcting the failures in state elder abuse policies, establishing specialized prosecution and research departments and training prosecutors and law enforcement on the best practices for handling these unique cases.” The Coalition was consulted in advance of the introduction of the bill and offered a statement in support of the bill. The Press Release from Rep. Sestak’s office is below:
Congressman Sestak Introduces Bill to Protect Seniors from Elder Abuse
WASHINGTON—Last evening, Congressman Joe Sestak (D-PA) introduced the Elder Abuse Victims Act (H.R. 5352), a piece of legislation to protect America’s seniors from elder abuse by addressing and correcting the failures in state elder abuse policies, establishing specialized prosecution and research departments, and training prosecutors and law enforcement on the best practices for handling these unique cases.
“Everyday, too many of our nation’s seniors become victim to physical, emotional or sexual abuse,” said Congressman Sestak. “This legislation recognizes the limitations to our country’s approach to elder abuse prosecution and rehabilitation, and puts in place a system to assess and adequately respond to these deficiencies.”
Each weekend, Congressman Sestak visits senior groups and centers across the District. Over the past year, the Congressman has spoken to over 65 senior groups and centers on a variety of issues, including elder neglect and abuse at nursing homes. Last week, Congressman Sestak spoke at the Upper Darby Senior Center and Brighten at Broomall about the need to provide awareness and to address elder abuse through strengthening protections and providing greater training for law enforcement officers and prosecutors. Brighten of Broomall is among 52 nursing homes in the U.S. on Centers for Medicare and Medicaid Services list for “Special Focus Facilities Not Showing Significant Improvement.”
The number of elder abuse cases is on the rise across the country, according to estimates by the National Research Council Panel to Review Risk and Prevalence of Elder Abuse, between one and two million Americans age 65 or older have been victims of elder abuse. These are uncertain estimates because definitions of elder abuse vary widely from state-to-state, and there are many imperfections in our national effort to adequately prevent, prosecute, and rehabilitate victims of this type of abuse.
Congressman Sestak introduced the Elder Abuse Victims Act to ensure that elder abuse and neglect cases will be effectively handled and that criminals who commit such acts will be fully prosecuted under the law.
“We are pleased to work with Congressman Sestak on the Elder Abuse Victims Act. He is championing legislation to help protect our nation’s seniors from elder abuse, neglect, and exploitation. The legislation will not only study the state laws and practices to protect seniors, but would provide funding so that organizations, law enforcement officials, and prosecutors will become trained in identifying and addressing elder abuse and neglect.” said Bob Blancato, National Coordinator of the Elder Justice Coalition.
The Elder Abuse Victims Act will:
• Require the Attorney General to conduct a study evaluating state laws and practices designed to protect seniors from elder abuse, neglect, and exploitation.
• Within two years following enactment, require that the study be submitted to the Committee on Aging and the Speaker/Minority Leader of the House, in which they will: 1) describe and analyze state laws and practices designed to protect seniors from elder abuse, neglect, and exploitation. It will consider a state’s reporting laws to be sure that in cases of abuse, they will be reported and the reporter will not suffer retribution; 2) Provide recommendations on the need for more effective laws; and 3) recommend additions or revisions to the official definition of terms used to protect seniors from elder abuse and enforce laws to punish violators.
• Task the Attorney General with the responsibility of establishing a plan for elder justice programs and activities throughout the country.
Elder Abuse Victims’ Advocacy Grant
• Propose funding entities which specialize in the needs of victims of elder abuse. Health care, social and protective service providers, among others, would be eligible for the Elder Abuse Victims’ Advocacy Grant.
Elder Justice Prosecutorial Department Funding
• Fund the creation of the Center for the Prosecution of Elder Abuse, Neglect, and Exploitation by the American Prosecutor Research Institute of the National District Attorneys Association.
• Fund the creation of either elder justice prosecution positions or the creation of a position to coordinate elder justice-related cases. It will include training, technical assistance, and policy development for state prosecutors.
• Fund additional staff that will focus on elder abuse cases, an elder abuse “resource group” through the Executive Office of the United States Attorneys, nurse-investigators and other experts to assist in prosecution.
Support Law Enforcement in Elder Abuse Matters
• Fund training of law enforcement officials on the important factors involved in elder abuse cases.
“I believe that this legislation will strengthen the way by which we prosecute perpetrators of elder abuse and protect its vulnerable victims,” stated Congressman Sestak. “It will require a comprehensive review and study of states’ elder justice systems, including definitions of abuse- followed by a report to Congress- and it will do more to improve the prosecution and enforcement of elder justice cases.”
Since being elected to office, Congressman Sestak has worked hard to establish oversight for elder abuse, neglect and exploitation. He has been a leading advocate and co-sponsor of H.R. 1783, legislation that would allocate funds for state and local adult protective services that investigate reports of elder abuse and work with congressional committees to establish a national nurse aide registry. It would create grants to establish stationary and mobile forensic centers, develop forensic expertise and provide services for elder neglect and exploitation. Additionally, this legislation would provide incentives for individuals to receive training in providing better direct care in a long-term care (LTC) facility.
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1 comment:
I'm probably going to voice an opposing view here but it really is for all the right reasons.
Arizona has legislation to protect abused/exploited adults. It's not the absence of laws it's the absence of concern, obligation, expectation in the legal community. The other problem is that it has become a "cottage industry" to abuse our seniors. A good part of the abuse occurs when they land in a court room. Lawyers are stacking up 3 and 4 high just to get a bite of the pie. It is a truly disgusting, stomach turning thing to watch. In my mothers case, she was robbed and almost committed by her own children BUT, when the opposition attorney realized that the children had no money of their own, she began an assault against our mother regardless of legality and it was simply to ensure her own paycheck.
Cochise County, AZ probate court addressing a failed guardianship action. Our mother was all but ripped from her home under the authority of a fraudulent guardianship. Before the guardianship was filed, all of her bank accounts, her vehicle and untold personal household property had been removed. Sounds crimingal to me. It is still against the law to steal someones property and the someone in question ... right. I did forget one thing, the emergency was based on a 3rd Year Medical Student intake evaluation that was released without the approval of the victim. Enter the HIPAA law protections and the Department of Health Services. That compliant was submitted a year ago. I've already resubmitted it twice and am now getting ready to do it again. I strongly suggest against adding any additional responsibility to this agency that can't handle what it has. Since that occured, REAL medical information was acquired on my mother from opposing counsel and based on a NON EXISTENT Subpoena. The judge fails to recognize any impropriety. So, we do have a criminal report and it has passed muster at the detective level and was then submitted to the County Attorney. When contacted about this case, the County Attorney refers to it as "Mischief". So we have a Federal Agency that can't keep a record on file and can't respond for a year, A Judge that only wants this to go away because he's the one that signed the original petition that was incomplete on its face, a County Attorney that believes if your family steals from you than it's nothing more than a prank and a law that says if the petition fails than the petitioner gets to pay the legal fees. Unfortuantely in our case, the Petitioner and company have filed for bankruptcy (a huge concern to the judge) and so he said since they (criminals) couldn’t pay then mom could. She’s already been paying the opposing sides attorney through the assets stolen from her, so why not just pick up the whole tab and when/if restitution is ordered she could pay herself that also.
This may sound flip but it's been a hard year. It has taken a toll on me and my older brother and without a doubt it has had an impact on our mother. When she was once reasonably secure nothing she had was returned and heaven forbid should any emergency befall her. All she wanted was to live as independently as possible and use her resources to ensure that happened. They reduced her medication, she was dehydrated, suffering from severe cataracts and hearing loss as well as age appropriate dementia. She fully understood what was happening and she was publicly humiliated and now she gets to pay for the pleasure.
I have to say, every advocacy group I have approached has little more to offer than a pamphet and a "have a nice day". Our Attorney Generals Office has an outstanding website on elder abuse and yet has not been inclined to respond to a single communication over the course of a year.
It should not be this easy to take over someones life.
My brother and I will protect our mother and we will probably go to jail doing it but the question that's on my mind is who will protect me? Everywhere I go I hear horror stories. When it it determined that I have come of age so as to count less? Can I stop paying my taxes when I no longer qualify for protections under the law? The entire group of boomers are about to be retired. This is a cash cow of opportunity fo the unscrupulous family member, attorney, realtor, etc. Who will speak for us?
Joan Abney
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