Politics on Our Side

Go New York! Get the ball rolling on this!

Protect elders, Schumer urges during Staten Island visit
Originally published by Staten Island Advance
on Thursday February 21, 2008, 12:00 AM

Staten Island Advance/Frank JohnsU.S. Senator Charles Schumer told his audience at the New Lane Senior center in Rosebank that stricter federal penalties are needed for those suspected of elder abuse.

As baby boomers age and become ever more vulnerable to the scourge of elder abuse, U.S. Sen. Charles Schumer called for stricter federal penalties for those who physically harm or financially take advantage of senior citizens on Staten Island and across the country.

"It's a growing problem on Staten Island," Schumer (D-N.Y.) told his audience at the New Lane Senior Center in Rosebank, where he was joined earlier Wednesday by borough Democratic lawmakers. "You don't hear as much about it as you should. It's being swept under the rug."

Quoting city figures, Schumer said there are 100 investigations of elder abuse currently open on the Island, but with an estimated 80 percent of cases going unreported nationwide, according to statistics, he said, "the real number could be a lot higher."

Many cases go unreported, Schumer said, because they often involve a family member preying on a relative, or because the victim may be too ashamed to admit that he or she has been physically abused or swindled by a family member or health aide.

"Senior citizens across Staten Island and New York shouldn't fear being scammed out of their savings or having their health care jeopardized by negligent caretakers," Schumer said.

Schumer said that financial exploitation, including the illegal or improper use of an elder's funds, property or assets "is now one of the most prevalent forms of elder abuse." Referring to city Department for the Aging numbers, Schumer said that financial exploitation is a component in approximately 34 percent of elder abuse cases in New York City.

"That's a despicable act," Schumer said. "We have to have much more severe penalties."

Schumer called on Congress to pass the Elder Justice Act to help combat the problem.

The bill would beef up prosecution efforts by instituting new penalties for failure to report crimes in elder-care facilities, and would increase training for those charged with identifying when abuse occurs.

It also calls for a study on the establishment of a national nurse-aide abuse directory, and also would provide a consistent funding stream and national coordination for adult protective service agencies across the country.

It also would form public-private advisory panels to coordinate federal, state and local anti-abuse efforts.

"This could go a long way toward curbing elder abuse," said Schumer.

The Senate version of the bill is currently before the Finance Committee, of which Schumer is a member. Schumer gave no estimate of what the program would cost.

An Idea to Protect the Elderly

"There are more crimes committed today with Power of Attorneys than with .38 specials". That is a direct quote from a lawyer who is currently representing my mom, an 84 year old lady with Alzheimers, in an exploitation case currently being heard in the Cuyahoga County Probate Court. My mom was a victim of a cowardly predator who took advantage of her condition and tricked her into giving him Power of Attorney over her and then he conned her into "selling" him her valuable lakefront property at a fraction of its worth. Even though we have a letter from her doctor stating that she was not competent at the time that she signed either document we are having a tough time in the Probate court. This type of crime is reaching epidemic proportions and the courts don't even know how to rule because it is so difficult to prove.

I have come up with a very simple solution. I am proposing that it be required by law that all Power of Attorney and real estate transactions involving an elderly (65 or older) or disabled person be videoed. This would insure that the person understood what he or she was signing and it would also prove that they were not being tricked, pressured, or manipulated into signing something against their will. We are all video taped every day when we buy gas or even a gallon of milk and so it should only be logical that such major transactions such as Power of Attorney signings and real estate transfers especially involving the elderly should also be recorded. I cannot imagine that anyone other than would-be criminals and scam artists would oppose this but if there is someone out there who has a problem with it I'd like to hear from you and hear your reasons. I'd also like to hear from anyone who agrees and if you have any other suggestions that might accompany this proposal. I would also like to hear from anyone that might be willing to help me get this off the ground.

Chances are most of us know or will know someone who has some form of dementia. Chances are even greater that we all know someone who is elderly or disabled and that means we all know someone who is a potential victim of one of these cowardly predators who choose to prey on the most vulnerable members of society. The sad part is these predators are often family members or friends of the elderly person. If this simple idea that I mention here today could one day become law it would help protect a lot of innocent people and discourage a lot of would-be criminals.