Motion: Western Australia focuses on stopping elder abuse.

The following article was written by Paul Russell, the leader of HOPE Australia and published on the HOPE Australia blog on September 21, 2013.

Hon. Nick Goiran

The Hon Nick Goiran MLC, member of the Western Australian Parliament, tabled and spoke to a motion calling for more to be done to stop the growing problem of Elder Abuse last Thursday the 19th of September.

Nick spoke at the 2010 Euthanasia Prevention Coalition International Symposium in Vancouver Canada and will be speaking at the Euthanasia Symposium 2013 - November 8 - 9, 2013 in Toronto.

The Motion:

That the Legislative Council -

a) acknowledges the growing problem of elder abuse in Western Australia;

b) commends the work of non-government and government programs to prevent elder abuse; and

c) calls on the whole community to work together to eliminate elder abuse in all its forms.

Western Australia

Goiran prefaced his speech by identifying the two aspects of the human condition that make elder abuse so insidious:

...I am conscious of two aspects of the human condition that we must bear in mind in confronting the problem of elder abuse. The first is that there are times and circumstances that make members of the human family more vulnerable to abuse and therefore more in need of protection from the whole community.

This obviously applies to children, both born and unborn, who are in the nature of things dependent on the adults into whose care they are entrusted for the necessities of life. This also applies, in my view, to those who have profound disabilities, whether intellectual or physical. Advancing age can bring its own set of vulnerabilities including physical frailty, mental confusion and dementia, loss of support networks such as through the death of a spouse, and social isolation. 

The second aspect of the human condition to which I refer is the reality that some human beings will take advantage of the vulnerabilities of others for their own ends including for power, financial gain and sexual gratification. In all too many cases the perpetrator will be someone who has a duty of care based on kinship or professional responsibility to their victim. 

More Seniors Are Being Mistreated As Our Population Ages

A New Jersey law firm is focusing part of their work to help elders who are being abused. The Elder Abuse awareness day is June 15.

The recent media release was is titled: More Seniors Are Being Mistreated As Our Population Ages.

The media release states:

Elder abuse affects seniors across socioeconomic groups and care settings. 

June 07, 2012 /24-7PressRelease/ 

Elder abuse affects seniors across socioeconomic groups and care settings. Exact figures on the number of the elderly affected are hard to pinpoint. A 2009 study conducted by the Institute for Justice, found that as many as 11 percent of the elderly living in community settings experienced some form of physical, emotional, or sexual abuse or neglect. 

The Government Accountability Office has noted weakness in the government oversight of nursing homes and enforcement of state and federal safeguards meant to protect residents from potentially abusive individuals. 

The most recent issue of the Public Policy & Aging Report (PPAR), published by the National Academy on an Aging Society, similarly found that as many as one in ten seniors over the age of 60 is suffering from some kind of abuse or neglect. 

Elder abuse has been under-addressed by public-policy. However, in an effort to combat the growing problem, congress enacted the Elder Justice Act in 2010. 

Elder Justice Act  

The Elder Justice Act went into effect as part of the Patient Protection and Affordable Care Act in 2010. The EJA addressed weakness in past federal and state efforts by authorizing grant programs to protect seniors living in community and institutional settings. State adult protective services will be bolstered, for example. Training and incentives would be offered for those who provide direct care. The EJA also created advisory panels on elder abuse within the Department of Health and Human Services. 

The EJA seeks to put in place a means to prevent, detect and prosecute elder abuse, neglect and exploitation. While the new law is a step in the right direction, it has received no funding toward education or enforcement to protect our seniors. 

Typical Forms of Abuse 

The forms of elder abuse are similar between nursing homes and domestic settings. Several common examples are:
- Physical, which might include inappropriate restraint
- Sexual, including unwanted fondling
- Emotional, such as verbal threats and intimidation 

More subtle forms may be denying residents a choice in what they want to eat, "labeling" an individual troublesome or ostracizing a resident. Senior citizens may also be vulnerable to exploitation. Schemes might target property, assets and money. Deceit can take place gradually and a family may not uncover the theft until it is too late and a bank account has already slowly been drained. 

Some forms of elder abuse can occur as the result of New Jersey nursing home negligence; the management at a facility may not properly train or monitor staff allowing for gaps in care or abusive situations to exist, or might permit dangerous persons to become residents, without proper safeguards to protect other residents. While it is impossible to constantly monitor what happens at a nursing home, an indication that something is wrong might be when a family member suffers an injury or starts to rapidly decline. 

The Toll of Elder Abuse 

Those who suffer mental impairment are at the greatest risk for abuse, because many times they are socially isolated. The effects of Alzheimer's disease or dementia may push loved ones away. Depending on the type and severity of these progressive diseases, personalities may change and the disorder may cause aggressive and mean traits. Nursing facility staff may seek to avoid these types of people and their care will suffer. 

Marie-Therese Connolly, JD, a 2011 recipient of a MacArthur fellowship, authored one of the PPAR articles, which presented evidence that there is a lack of coordination among numerous agencies when it comes to addressing elder abuse. Connolly said that "the human and economic toll exacted by elder abuse is vast, cruel and costly." Connolly would like to see more federal leadership and funding to address the growing elder abuse crisis. 

Elderly people who suffer neglect or abuse have a higher risk of contracting disease. They may lose hard earned money through exploitation. And in worst case scenarios, death may result from severe abuse or neglect. 

If a loved one suffers a rapid decline or an unexplained injury at his or her care facility, contact an experienced New Jersey nursing home negligence attorney to discuss the situation. In cases of negligent care, an attorney can hold the nursing home or assisted care facility accountable. 

Article provided by Kirsch Gartenberg & Howard
Visit us at www.kghlaw.com

Elder Abuse, a problem that every Canadian should be concerned about.

The Euthanasia Prevention Coalition applauds Canada's Federal government in their attempts to reduce the scourge of elder abuse in our culture. Last week, the Hon Rob Nicholson, Canada's Justice Minister, announced that the government was going to introduce stiffer criminal sentences for the crime of elder abuse.


The Globe and Mail stated last Thursday that:

Justice Minister Rob Nicholson took aim at people abusing Canadian seniors Thursday, introducing legislation that would mean tougher sentences for those convicted of the crime. 

The bill makes age-related abuse an aggravating factor in sentencing, so those convicted would face harsher penalties. Other forms of abuse of vulnerable persons are already covered by similar measures. 

“Our government has a responsibility to protect elderly Canadians and to ensure that crimes against them are punished appropriately,” said Nicholson in a statement. “This legislation will help ensure tough sentences for those who take advantage of vulnerable members of our society.”

The elder abuse prevention network was pleased by the concern the government has placed on preventing elder abuse, nonetheless, they felt that these provisions would not help. They commented this way:

“I appreciate the passion the government has placed in this area generally, but this particular provision is completely unnecessary and will end up doing more harm,” said Charmaine Spencer, a lawyer specializing in abuse and neglect and the former chair of Canadian Network for Elder Abuse Prevention. 

Statistics Canada data shows that one-third of reported violence committed against older adults is done by family members like spouses or grown children. The federal agency also notes the true extent of elder abuse is unknown because not all is reported. 

“Sometimes they don’t let somebody else know because they don’t want their family member to go to jail,” said Spencer. “If you increase the sentences, what the effect is going to be is to reinforce that.” 

Spencer said the federal government should instead invest in resources to help seniors get out of these situations or endorse alternative sentences, so people will be more likely to come forward.

Judith Wall, an attorney for the Advocacy Center for the Elderly stated:

Wahl, agreed the law could deter seniors from coming forward. 

“The person is going to say, ‘I don’t want my loved one going away for X amount of years,” she said. 

Another common complication is that the senior may be dependent on their abuser for care and would be left without support if they reported them. 

“What we are seeing is that people become dependent on others, or they can be taken advantage of because they have needs that need to be taken care of others,” she said.

CARP, one of Canada's largest senior's organizations welcomed the law while Teri Kay from the Ontario Network for the Prevention of Elder Abuse stated: 

new legislation is important and could actually increase the number of people, although not necessarily abused elders, reporting the crimes. 

“People who have a responsibility to seniors, be they professionals, friends or neighbours, they may take stronger action than not reporting it at all,” said Kay. 

All advocates agree a focus on prevention should come along with changes to prosecution. 

“We need interventions and safety measures that help seniors bring these stories to light, so resolutions can be found before they reach the level of charges and criminality,” said Kay.

The Euthanasia Prevention Coalition urges the federal government to view this act as a one of many steps that are necessary toward eliminating the scourge of elder abuse in our culture. The fact is that we need:

1. Supply support homes and emergency shelters for people who are being abused.

We need to be able to place seniors who are being abused into a safe-place where they are protected.

2. We need to train judges, lawyers, police officers, etc to identify elder abuse in their communities.

3. We need inter-disciplinary teams who can identify and testify in cases of severe elder abuse cases.

4. We need alternative approaches that will help keep families together while dealing with the problem of abuse.

5. While increasing sentencing the government needs to recognize that very few cases of elder abuse are prosecuted because the legal system hasn't recognized the problem of elder abuse.

The most important action the government can take is by implementing a national elder abuse prevention strategy that is operated under a National Elder Abuse and Awareness Office.

CARP asks federal government to add the offence of elder abuse to the criminal code.

The Canadian Association of Retired Persons (CARP) is urging the government to enact legislation to place elder abuse into the Criminal Code. The Euthanasia Prevention Coalition supports the direction of CARP and we hope that an Elder Abuse Prevention Act can be devised to be introduced after the next election.

The article from 680 News stated:

A seniors lobby group is calling on the federal government to add the offence of elder abuse to the Criminal Code. 

The call comes as a Toronto couple stands accused of forcing a 68-year-old woman to spend four months living in a freezing garage. 

The woman's 43-year-old son and 28-year-old daughter-in-law have been denied bail. They've been remanded in custody until their next appearance in court on March 15. 

CARP spokesperson Susan Eng said doctors or caregivers should be obligated to report any signs of abuse, like they do for child and domestic abuse. 

"There should be some kind of duty to report when they see something going on, and we need to have some kind of investigative support for police officers who have to investigate these crimes," she said.
Eng also said our seniors should not be considered disposable. 

"We don't have an ice-float mentality here, and we're not about to start one," she said.

Assisted Suicide is Not Legal in Montana; Clarification Needed

The Montanans Against Assisted Suicide and for Living with Dignity put an important update on their website concerning the status of Senator Hinkle's Bill SB 116, the Elder Abuse Prevention Act. There is confusion in Montana related to the Montana Supreme Court - Baxter decision, which did not legalize assisted suicide but gave physicians, if prosecuted, a potential defense of consent.

Please read the update:

On February 10, 2010, the Senate Judiciary Committee defeated and tabled SB 167, which would have legalized physician-assisted suicide in Montana. Despite this defeat, some assisted suicide proponents are encouraging doctors and others to engage in assisting and/or causing suicide, claiming that the practice is legal under Baxter v. State.

Under Baxter, doctors are given a potential defense to a homicide charge, which may or may not succeed. Baxter did not overrule prior case law imposing civil liability for doctors and others who cause another person’s suicide, typically in a hospital or jail setting. Under Baxter, doctors and others can still be held criminally and civilly liable for causing another person’s suicide.

Historically, the movement to legalize assisted suicide and euthanasia has had a eugenic component, which seems to be the case here. Legalization is, regardless, a recipe for elder abuse, which Baxter completely overlooked. Baxter also overlooked statistics from Oregon showing a positive correlation between legalization of assisted suicide and an increased rate of other violent suicides. Montana already has one of the highest suicide rates in the country. Montana does not need even more suicide.

Senator Hinkle’s bill, SB 116, is a short simple bill that seeks to return Montana to the status quo of 47 other states in which assisted suicide is clearly not allowed. SB 116 is needed because, with Baxter, the law is convoluted; Montanans, especially our older citizens, are not protected.

References:
The Hinkle Report: Link
SB 116 at a glance: Link Elder Abuse At a Glance

Montana Senate Bill 116 - The Elder Abuse Prevention Act

This is a message for Montana citizens only.

Senator Greg Hinkle has sponsored Senate Bill 116 - The Elder Abuse Prevention Act in Montana. This is some information concerning SB 116.

The Elder Abuse Prevention Act SB 116
"An Act Prohibiting Aid in Dying"
Senate Bill 116

1. The phrase, “aid in dying,” is commonly used to describe assisted suicide and euthanasia.

2. Most states that have considered legalizing assisted suicide have rejected it. Only two states allow it.

3. Legal assisted suicide is a recipe for elder abuse because it empowers heirs and others to pressure and abuse older people to cut short their lives. In Oregon, where assisted suicide is legal, reported statistics are consistent with elder abuse.

4. In 2009, the Montana Supreme Court issued a decision that opened the door to legalizing assisted suicide in Montana. The Court referred to the practice as “aid in dying.” When making this ruling, the Court overlooked its own precedent imposing civil liability against doctors and others who cause another person to commit suicide. The Court also overlooked elder abuse.

5. Preventing elder abuse is official Montana State policy.

6. SB 116 prevents elder abuse by reversing the Court’s decision and explicitly prohibiting "aid in dying," assisted suicide, euthanasia and mercy killing.

Let Your Montana Legislators Know that You are for Senator Hinkle’s SB 116, the Elder Abuse Prevention Act, to Prohibit Assisted Suicide.(“an act prohibiting aid in dying”)

Handwritten letters mailed from your district are best.

You have one Senator and one Representative. Find out who they are, here: http://www.leg.mt.gov/css/find%20a%20legislator.asp

A message from the:
Montanans Against Assisted Suicide and For Living with Dignity
PO Box 2691
Big Fork, MT 59911

Montana bill would prevent Elder Abuse

The following letter was printed today in the Billings Gazette in Montana concerning Senator Greg Hinkle's - Elder Abuse Prevention Act, a bill that will reverse the Baxter decision, prevent assisted suicide and increase protection for seniors from elder abuse. The letter that is written by Dr. Annie Bukacek is as follows:

For over 20 years, I have been an internal medicine physician with a high percentage of older patients. I have had the painful misfortune of personally observing countless instances of elder abuse.

I write in support of Senator Greg Hinkle's bill to prohibit assisted suicide and thereby prevent new paths of such abuse in Montana.

Elder abuse is horrific and on the rise. Perpetrators of the abuse include hired caregivers, neighbors and family members. In my experience, the motive is usually financial gain. This was true in the case of one of my patients, where a much younger man obtained financial control (became payee for Social Security and retirement benefits) by taking advantage of an elderly woman's loneliness and dementia. He feigned romantic interest in her, flattering her to the point she became isolated as she took his side against her family members. She became isolated and totally dependent on him. After many months, Adult Protective Services was able to provide a guardian.

This same motive of greed could lead to coerced assisted suicide if there was anticipated financial gain, and death could occur quickly if assisted suicide was legal — before protection could be put in place.

Elder abuse is already a huge problem in Montana. For references regarding elder abuse and other grave concerns about assisted suicide, the Hinkle Report is available here: http://www.margaretdore.com/pdf/HinkleReport.pdf. I urge everyone to contact their legislators and ask them to support Hinkle's bill that will prohibit assisted suicide.

Annie Bukacek, MD
Kalispell Montana