Elder Abuse Prevention Coffeyville Neighborhood Watch November 7, 2013 Sonia Larimore South East Kansas Senior Safety and Wellness Coaliton

What is Abuse? (K.S.A. Ch. 39) Any act or failure to act performed intentionally or recklessly that causes or is likely to cause harm Infliction of physical or mental injury Sexual act with resident who does not consent or when the person knows or should know the resident is incapable of resisting or declining consent (mental deficiency or fear or retribution or hardship) Unreasonable use of physical restraint, isolation, or medication that harms or is likely to harm

Definition of abuse, cont. Unreasonable use of physical or chemical restraint, medication or isolation as punishment, for convenience, in conflict with physician’s orders, or as substitute for treatment, except if further health and safety Threat or menacing conduct which results or is reasonably expected to result in fear or emotional or mental distress Fiduciary abuse Omission or deprivation by a caretaker, or another person, of goods or services which are necessary to avoid physical or mental harm or illness

Fiduciary Abuse “(M)eans a situation in which any person who is the caretaker of, or who stands in a position of trust to, (a resident/adult) takes, secretes, or appropriates the resident’s money or property, to any use or purpose not in the due and lawful execution of such person’s trust” K.S.A , 1430(e)

Caretaker: a person who has assumed the responsibility, legally or not, for an adult’s care or financial management or both K.S.A. Ch. 39

What is Neglect? (Ch. 39) Neglect is the failure or omission by one’s self, caretaker or another person with a duty to supply or provide goods or services (treatment) which are reasonably necessary to ensure safety and well-being and to avoid physical or mental harm or illness. K.S.A (g); 1431(c)

What is Exploitation? (Ch. 39) Misappropriation of an adult’s property or intentionally taking unfair advantage of an adult’s physical or financial resources for another individual’s personal or financial advantage by the use of: Undue influence Coercion Harassment Duress Deception False representation or false pretense by caretaker or another person

Kansas Statute Mistreatment of a “Dependent Adult” Is knowingly and intentionally committing one or more of the following: Infliction of physical injury, unreasonable confinement or cruel punishment upon a dependent adult (Severity Level 6, Person Felony); Taking unfair advantage of a dependent adult’s physical or financial resources for another individual’s personal or financial advantage by the use of undue influence, coercion, harassment, duress, deception, false representation or false pretense by a caretaker or another person (K.S.A ); or Omitting or depriving treatment, goods or services by a caretaker or another person which are necessary to maintain physical or mental health of a dependent adult (Class A, Person Misdemeanor).

1/3 of elderly victims of financial abuse die within 18 months.1/3 of elderly victims of financial abuse die within 18 months. - According to The Crimes Against Retired and Elderly (Care) Unit of the Philadelphia Police Department.

ELDER ABUSE … Is often criminal Has often gone unpunished Affects urban & rural areas

Your Federal $$ at Work (But not for elderly victims) From a U.S. Senate Special Committee on Aging Report (2001) Of all federal dollars spent for victims of abuse: 93.30% was spent on child abuse 6.70% was spent on domestic violence 0.08% was spent on elder abuse Elder Justice Act

1 out of every 8 Americans is 65 or older Senior citizens over age 65 represent 12.4% of the U.S. population (in Kansas, 13.3%) 5 million Americans are over 84

Montgomery County population (all ages) = 36,252 (1.3% of state total) Over , % of county pop. (9 counties SE Kansas) = 31, % of area population Source: Elder Count 2002

According to the Administration on Aging, in 2000 the median net worth of a senior was $108,885 For the total US population, median net worth was $55,000

Cognitive impairment: in 60% of victims Death rate: 3 times higher than non abused age peers Between 50% and 60% of the 20,000 residents of Kansas nursing homes have Alzheimer’s or comparable forms of dementia. Source: Dr. Mary Corrigan, Professor of Gerontology, Wichita State University

Elder Abuse Statistics Exact number unknown 2.1 Million cases reported % of abusers are family members For each case reported, 5 unreported Incidence of elder abuse increasing Population increase increased awareness

Reporting What age is the most likely to report financial abuse –18 to 40 yr olds –Why don’t Elders report Once an Elder has been a victim of financial abuse they will usually pass within 6-18 months

What Causes a caregiver to become abusive Stress theory Care giving cause emotional / psychological stress Caregivers have different abilities to deal with stress In some, stress may cause inappropriate emotional and behavioral responses that result in abuse

What Causes a caregiver to become abusive Long-distance Families Smaller Families “Sandwich” Generation Cycle of Domestic Violence comes full circle

Causes Long term history of violence –Care receiver –Care giver –Communication styles –Problem solving (not having the skills) – spousal conflict –Parent child conflict –Mental illness –mood disorders

Risk factors for caregiver Cohabitation with the elder Highly predictive Unable to escape Dependency Social isolation –Increase the risk of the caregiver becoming a perpetrator of elder abuse –Lack of support –Perception of burden –Lack of control

Behaviors in elders that may increase likelihood of abuse Physical aggression and violence directed toward care giver More likely during bathing and personal care –Verbal aggression –Refusal of care Food, meds –Previous role of physical abuser or caregiver

Elder Abuse Facts Between 1-2 Million Americans 65 and older have been injured, exploited or mistreated by a caregiver Form % of older adults are abused 1-25 cases of $ exploitation is currently being filed Fore every case that is reported, about 5 go unreported per 2005 statistics

facts 1 out of 8 Americans is 65 or older 5 million are over 84 Senior citizens over age 65 represent US population in KS 13.3 Number of person suffering from dementia is expected to double by 2050 Person over 50 control at least 70% of the nations household net worth

Vulnerability factors Loneliness/Isolation often co-occurs with depression increasing vulnerability Older White Males have highest rate of suicide of any other group Depression is treatable with medication and/or therapy Depression is often unrecognized or ignored in Seniors

Vulnerability factors The gentlemen generation They may be financially unsophisticated Gender Subject area –Physical impairments that make them susceptible to coercion – memory, eyes ect –Creatures of habit –Live alone, are lonely, live in high crime are

Persons over 50 control at least 70% of the nations household net worth. Vulnerability Factors

Vulnerability Factors, cont. They may be creatures of habit – predictable They may be easily accessible at any time They may live in isolation – alone, little or no support system They can be very lonely and in need of attention, even from bad guys They may live in a high crime area

Vulnerability Factors, cont. - The “Gentleman Generation” - They may be financially unsophisticated Gender Subject area - Physical Impairments may make them susceptible to coercion Memory, eyes, etc.

Why not report Fear reporting will mean loss of independence Embarrassed, humiliated at being a victim Don’t want to be a burden on children They have love/affection for abuser/dependant

Treatment of the Victim of Abuse Safety first –Appropriate legal steps –Support –Acknowledge –Educate –Empower You are a survivor, you have strengths –Focusing on strenths and abiitys will help with coping and recovery

Reporting Anyone can and should report abuse or crimes against the elderly To police To Adult protective services – –It is not our job to determine if there is a crime committed, it is our job to as a community member to report.

Local Resources Southeast Kansas Elder Abuse Prevention Coalition (620) Local Police Departments Aging and Disability Resource Center (620)

State & National Resources Kansas Office of the Attorney General – Alzheimer’s Association – AARP – Kansas SMP – National Center for Elder Abuse Prevention – Department of Children and Family Services –

Contact Information Sonia Larimore Assisted Living at Windsor Place 2904 W 8 th Street Coffeyville, KS Ruth A. Ritthaler Assistant Montgomery County Attorney 300 East Main Independence, KS * Slides Courtesy of Ruth A. Ritthaler