KB Times
Katten & Benson, Your Elder Care Law Specialists
September 2010 - Vol 3, Issue 9
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| Did You Know? | For the first three quarters of the 2010 fiscal year, APS:
- Received 73,041 intakes statewide
- Completed 60,312 cases
- Confirmed abuse, neglect or exploitation in 41,060 cases
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K & B Happenings
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There is a new face here at Katten & Benson.
Dana Brown is a law intern from Texas Wesleyan Law School. She will be with us two days a week for the fall semester. Welcome Dana!
Kim is teaching again this semester, but this time she is teaching at TCU. Go Horned Frogs!
It is with great sadness that we announce that Janice Lewis, our Medicaid specialist, will be leaving us; September 10 is her last day. Janice has been an integral part of the team here for over 3 years, and she has helped many people deal with the whole Medicaid application process. We know that you will join us as we wish Janice all the best with her new endeavors.
For those of you still working with Janice, Monica and Kim will take over for now.
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| Molly's Musings |
 Did you know that you can't just toss your old prescription medicines in the trash? If you live in Fort Worth, here is what the City says to do with those old prescriptions: Non-controlled drugs are accepted at the Environmental Collection Center or at some local pharmacies for proper disposal. Do not flush your prescriptions down the toilet or
drain unless the label specifically tells you to do so, or if it is
listed as a "flushable" drug on the FDA website. To dispose of controlled substances: - Mix the drugs with an undesirable substance (such as cat litter or used coffee grounds)
- Put the mixture into a container with a lid or a sealable bag.
- Put the container into your brown garbage cart.
 Molly |
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Elder Abuse, Neglect and Exploitation
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Elder abuse is one of those topics no one likes to talk about. Sadly, it is a real problem, and worth spending some time on.
The following definitions are from the Texas Human Resource Code:
Abuse is the "willful infliction of injury, unreasonable
confinement, or cruel punishment", and includes, but is not limited to the following:
- scratches, cuts, bruises, and burns;
- welts, scalp injury, and gag marks;
- sprains, punctures, broken bones, and bedsores;
- confinement;
- rape and other forms of sexual abuse; and
- verbal and psychological abuse.
Neglect is "the failure to provide for one's self the
goods or services which are necessary to avoid physical harm, mental
anguish, or mental illness, or the failure of a caretaker to provide
such goods or services". Neglect can include:
- malnourishment and dehydration;
- over- or under- medication;
- lack of heat, running water, or electricity;
- unsanitary living conditions;
- lack of medical care; and
- lack of personal hygiene or clothes.
Exploitation is "the illegal or improper act or process
of using the resources of an elderly or disabled person for monetary
or personal benefit" and includes:- taking Social Security or Supplemental Security Income (SSI)
checks;
- abusing joint checking accounts; and
- taking property and other resources.
If you suspect abuse, neglect or exploitation, you have an obligation to report it to Adult Protective Services (APS), the state agency charged with investigating abuse, neglect or exploitation of older adults or adults with disabilities. A lot of people think they have to know there is abuse going on before they report it, but you only have to suspect. It is the APS caseworker's job to investigate and/or validate.
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Adult Protective Services
| Adult Protective Services (APS) is part of the Texas Department of Family and Protective Services (DFPS). Most people are familiar with Child Protective Services (CPS), which is also part of DFPS, but not so many people know about APS and what APS can do.
Before I go on, I do need to disclose that I am on the Tarrant County APS Community Board, and on the Texas Partners for APS Board. These local and state boards are made up of people from the community, and our role is to support the mission of APS and APS workers. My work on these boards has given me more of an inside view of how the agency works, and it has certainly helped me understand the limitations that APS workers face on a daily basis.
When you make a referral to the hotline about suspected abuse or neglect, you will provide the intake worker with as much information about the situation as you can. If the situation is immediately life-threatening, you really need to call the hotline number (800-252-4500).  If the situation is not immediately life threatening or dangerous, you can make an online referral.
Once the referral is made, the case is assigned a priority, based on the severity and level of danger, and the case is forwarded to a local unit and worker for investigation. An investigation will be started within 24 hours of receiving the report.
The worker will of course attempt to visit the alleged victim as well as the alleged perpetrator and other collateral people who may be involved or have knowledge of the allegations.
I hear a lot of compl aints through the investigation process that the "worker isn't doing anything". This might occasionally be true, but more often the workers are doing all they are allowed to do. Unlike CPS, APS workers can't go in and remove people from potentially dangerous situations. If an adult with capacity decides to stay in an unsafe environment, or refuses medical care, there is nothing anyone can do about that. We all have the right to make poor decisions.
If a person's capacity is questionable, then APS can refer the person to the Department of Aging and Disability Services (DADS) Guardianship Unit. This agency then has the responsibility to determine if guardianship is needed, and make recommendations to the court. The court ultimately decides whether to appoint a guardian or not.
So, it can seem like APS isn't doing anything, when really, they have a lot of constraints. It's easy for someone to say what is best for another person, but actions that potentially infringe on another person's rights are serious business.
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Don't forget that we are always here and ready to help with your long term care planning needs.
Sincerely,
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Kim Olmedo, LCSW, CCSM, CSW-G
Elder Care Coordinator
Katten & Benson
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