Guarding against Elder Neglect

In our last post on Elder Abuse we shared that, “Laws vary from state to state but, by definition, Elder Abuse is any act, intentional or negligent, that causes harm or serious risk of harm to a vulnerable elder.” Usually, in both ourselves and others, we can recognize the intentional immediately. The negligent is more insidious and often escapes notice until long after the harm has been done.

That may have been the case with Mary Madeleine Araujo, an eighty year old woman who according to police reports sat on a sofa recliner for over a month in her own urine and feces while developing infected bedsores. All of this in the home she shared with her daughter, son-in-law, and three adult grandchildren.

It is easy to write off Mary Madeleine Araujo’s family as monsters but there is an important lesson to be learned from them if we are willing to believe that they may have been ignorant of their crime. Being passive in caring for an elder can be a crime; it’s called neglect and even if the caregiver isn’t aware that they are causing the elder harm it is elder abuse.

How to guard against elder neglect as a family caregiver.

  • Don’t let the elder dictate terms of Caregiving: It is immensely difficult to take control of an elder’s life. Often it feels like stealing their competence, stripping them of their adulthood – that’s not true though, aging is stealing their competence, not the caregiver. It is the responsibility of caregivers to provide care to balance out lost competence. The daughter in the Araujo case claimed that her mother refused help bathing, that refusal should not have ended the discussion. Caregivers can’t accept the word of their elders alone, they need to judge for themselves if the elder needs them to step in. A good practice is to follow a threefold decision making policy; listen to the elder’s opinion, discuss the matter with the elder’s Doctor, and make the decision that is best for the elder.
  • Clearly define and share Caregiver Roles: In the Araujo case there were five adults living in the same home as the elder. Five adults but the grandmother ended up with festering bedsores, sitting in her own urine and feces. According to reports, the daughter admitted that her mother had trouble getting to the bathroom on her own for several weeks. The family should have established clearly defined caregiving roles and responsibilities; for example, the grandchildren could have been responsible for checking on her and getting her to the bathroom, the husband could have been responsible for feeding her, and the daughter could have been responsible for bathing her and monitoring her health. Without clearly defined roles, it’s possible that four of the adults in the house thought that someone else was responsible for caring for the elder and were too caught up in their own lives to realize what was happening.
  • Failing to provide healthcare is Elder Abuse: At the time of her admittance to the hospital, Mary Madeleine Araujo had not had medical care for four years. We don’t know why that was the case but whatever the reason it was criminal neglect. The result is the same regardless of whether the reason was that the family didn’t want to pay medical expenses, that the elder refused to go to the doctor, or that the family didn’t see anything that merited medical attention. The elder should have had regular medical checkups, especially after significant events such as when she stopped sleeping in bed, after she fell, and as her health declined. Not providing the elder with medical attention was abusive.
  • Empower the elder by equipping them: Technology can lighten the burden of caregiving and allow elders to retain a large measure of their competence. In the Araujo case, a few simple pieces of equipment might have made a world of difference; an alternating pressure mattress overlay to help prevent pressure sores, an assist rail to aid in getting in and out of bed, a cane or walker to increase mobility and help protect from falls, grab bars in the bathroom for added fall security, and a transfer bench or bath chair to enable the elder to bath herself.
  • Be proactive in assessing and addressing the Elder’s needs: Don’t wait for a unmet need to become a problem, regularly reevaluate the elder’s needs and how they are addressed. Monitor the elder’s condition in a journal and calendar, seek advice from experts, and join caregiver support groups. It is better to provide too much support rather than too little. If an elder begins to have trouble reaching the bathroom, immediately take action  – don’t wait to find your loved one sitting in their own urine and feces. Only respect an elder’s refusal to accept help up to the point where it risks causing harm – then, as a caregiver, you are responsible to step in and provide the care that is needed.

When it comes to neglect, ignorance of the crime is no excuse. It is essential for family to be proactive, if the burden is too great or the family is unwilling they should seek outside assistance through in-home care, assisted living, or a nursing facility. Leaving an elder to languish on a recliner in the living room is horrendous regardless of the motivations of the people involved.

Elder Abuse

Laws vary from state to state but, by definition, Elder Abuse is any act, intentional or negligent, that causes harm or serious risk of harm to a vulnerable elder.

Elder Abuse occurs when: someone physically abuses a vulnerable elder by causing physical pain or injury, or by depriving them of a basic need.

Elder Abuse occurs when: someone who has taken responsible for the care of a vulnerable elder abandons them.

Elder Abuse occurs when: someone inflicts mental pain, anguish, or distress on an elder through verbal or nonverbal acts.

Elder Abuse occurs when: someone attempts non-consensual sexual contact of any kind with an elder.

Elder Abuse occurs when: someone steals or misuses the funds, property, or assets of a vulnerable elder.

Elder Abuse occurs when: someone who is responsible for the care of a vulnerable elder refuses or fails to provide food, shelter, health care, or protection.

What factors make the elderly especially vulnerable to abuse?

  • Isolation – Most seniors have either lost or are in the process of losing their social circles. They have fewer people to turn to for help and often feel disconnected from those contacts they still have.
  • Physical Weakness – Most seniors are physically weak due to old age and illness. They are not as able to take action to defend themselves from abuse and are slower to recover from physical abuse.
  • Cognitive Decline – Many seniors experience cognitive decline leaving them less able to recognize abuse and take action to care for themselves. Seniors with dementia or Alzheimer’s are even more vulnerable.

What kind of monster would do such a thing?

Most of us have heard shocking stories of elders subjected to immense cruelty by those responsible for caring for them. These stories often feature a villain, a monster of a person motivated by rage, greed, or sadism. The alcoholic son-in-law who screamed obscenities, the daughter who gambled away all of dad’s savings, or the nursing home staff who enjoys brutally manhandling clients. These “villains” do exist and must be guarded against – but they are not the only perpetrators of elder abuse.

The fact is that if we’re only expecting a monster to be abusive we can overlook obvious signs of abuse committed by friends, family, or dedicated staff, decent well-meaning people who cross the line. How could decent well-meaning people do such things? Frustration, burnout, and desperation can also motivate Elder Abuse. The son who, already late for work, cursed out his dad for soiling himself again and who screamed that he wished he would just die already. The staff, the sole breadwinner for her family after her husband lost his job, who tricks her client into paying her twice so she can make ends meet. The husband who roughly shakes his wife, suffering from dementia, and knocks her to the floor breaking her hip. Even loving caregivers can push themselves too far and become abusive, often without even realizing the full implications of what they’re doing until its gone too far.

The most common perpetrators of elder abuse are family. Don’t make the mistake of refusing to recognize obvious signs of elder abuse until you see a monster; even loving caregivers can cross the line. Always act in the best interest of the victim. Stop the abuse. No excuses, no rationalizations, no justifications. Stop the abuse.

What are signs of Elder Abuse?

  • Signs of Physical Abuse: Any type of unexplained injury.
  • Signs of Neglect: Filth, pressure sores, malnutrition, dehydration.
  • Signs of Emotional Abuse: Sudden unexplained changes in behavior. Difficult to determine in cases of dementia.
  • Signs of Sexual Abuse: Unexplained sexually transmitted diseases and bruises around genital areas.
  • Signs of Financial Abuse: Unexplained changes in finances, unexplained changes in wills or trusts, and loss of property.

 

What are some concrete steps Caregivers can take to avoid becoming abusive?

  • Caregivers should: take care of their physical, mental, and financial health before accepting the responsibility of a caregiver.
  • Caregivers should: seek help for personal problems that may impact the person they are caring for; some common problems are anger management, substance addiction, depression, and debt.
  • Caregivers should: join support groups and invest in a supportive community.
  • Caregivers should: share the burden so that it does not become overwhelming. Be realistic about their needs and limits.

How can Seniors protect themselves from Elder Abuse?

  • Seniors should: plan for their own future by choosing a trustworthy power of attorney and writing a living will.
  • Seniors should: consult someone they trust who has nothing to gain before signing any documents.
  • Seniors should: stay connected with friends and family. Keep engaged in a supportive community.
  • Seniors should: understand their legal rights and be proactive in defending them.

How to fight Elder Abuse?

  • Watch for the signs of elder abuse, regardless of who the caregiver is.
  • Report suspected elder abuse to local law enforcement.
  • Proactively keep Seniors involved socially. Follow up on their well-being.
  • Support and utilize local agencies like Meals on Wheels.

Fraud Alert! Take a closer look at those Phone Bills!

Take a closer look at those phone bills friends! A few months ago we noticed that a mysterious charge for ‘Vmail’ had appeared on the phone bill for one of fax lines. Our phone company had just switched us from paper to email billing so we almost missed the $14.95 charge hidden near the bottom of the bill. Fortunately we run a tight ship so the charge didn’t slip past us and we looked into the charge. What we found was disturbing; a nationwide cramming scam, phone companies hindering customer’s attempts to remove the charge, and a flawed telecommunications law making the whole mess possible.

Cramming’ is a scam where a company adds a charge to a phone bill for a service that was not requested, agreed to, or used. In our case, the charge was for a voice mail service on one of our fax lines –a service we never asked for, never agreed to, and which we could never use because it doesn’t actually exist. That’s right, even if we had wanted to use ‘Vmail’ we couldn’t because it doesn’t exist.

It took over five hours just to sort out things out with our phone company. We had a long run around through the automated system and from ‘wrong’ department to ‘wrong’ department. When we did speak to real people we got another kind of run around; they insisted that we had signed up for the service and when we insisted on having the charge removed we were transferred. Finally, we demanded to speak to a manager and got the answers we needed in less than ten minutes.

What we learned is that, legally, because of the 1996 Telecommunications Act, phone companies have to include charges from other companies in their bills unless the customer contacts them requesting a block of all third party billing. There is no selective screening, the 1996 law prevents phone companies from ‘discriminating’ against any companies which place charges. Our phone company could have saved us a lot of time and frustration by giving us this information from the start, it was terrible customer service on their part and completely unacceptable. But, otherwise, their hands are legally tied when it comes to this kind of scam. They are required by law to accept third party charges and have no legal means of verifying that their customer requested the services in question. Aside from the quality of their customer service, there is no difference between Qwest, Verizon, AT&T, Embarq, or any other national phone company when it comes to this scam.

How to prevent Cramming.

  • Call the phone company in question and demand that they block all third party billing on the account.  Sometimes phone company representatives try to talk customers out of the block but insist even if they say its not possible.
  • Carefully check every phone bill – act immediately if a new or unknown charge appears.

How to resolve Cramming.

  • Contact your phone company immediately and tell them that you did not authorize the charges and ask for the charges to be removed. Your phone company does have the authority to remove the charges but will often require* you to try to resolve the issue with the company that placed the charge.
  • Call the company that placed the charge and inform them that you did not request the services. Tell them that you would like to know who authorized the services and ask for a copy of the authorization information. Companies have been known to request more personal information, such as social security numbers, do not give them more personal information than they already have.
  • Ask that all charges be removed. If the company refuses or never responds, get back in  touch with the phone company. Tell them that you could not resolve the charges with the company in question and tell them that you did not authorize the disputed charges. Ask the phone company to remove all charges. Be insistent, even if they say they can’t – they can. Talk to more than one person if you need to.

Things to remember!

  • Customers are not legally obligated to pay charges on their telephone bills for services that they have not ordered or authorized others to order for them.
  • Telephone services cannot be disconnected because a customer refuses to pay a charge from a third party. Threats of phone lines being disconnected are legally empty.
  • Crammers sometimes hire legitimate collection agencies to collect the charges ‘owed’ to them. This can be very damaging to credit ratings and should be addressed immediately. Explain the situation to the collection agency and, if that resolves nothing, either pay the ‘charges’ or get legal aid.

We submitted complaints to the Federal Trade Commission, Federal Communications Commission, the Pennsylvania Attorney General (check the map on this page to find your state’s), and the Better Business Bureau. Little can be done to stop this kind of scam on a national level but several states, including New York and Florida, are taking action to prevent cramming. Get your State to join them in taking steps to outlaw cramming; send letters to your elected officials letting them know that you’re sick of this scam!

Read more information on Cramming from the Federal Trade Commission.