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The National Adult Protective Services Resource Center (NAPSRC) is a function of the US Administration on Aging through a grant to the National Adult Protective Services Association (NAPSA).
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National Adult Protective Services Resource Center
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JOIN THE NAPSRC
MAILING LIST!
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Elder Abuse Advocacy Group Launched
Mary Twomey, Co-Director of the University of California/Irvine's Center for Excellence on Elder Abuse and Neglect, announced the creation of a new grassroots effort to address elder abuse at the White House on June 14th. The purpose of this social justice movement is to connect people of all ages and backgrounds to identify, prevent and eliminate elder abuse and neglect in our society. A moving video about elder abuse was shown with the announcement.
For more information about Ageless Alliance, including access to the video, PSA's and their Action Kit, go to
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State Legislatures Address
Elder Abuse
ALABAMA
Elder Abuse Prevention Act Signed into Law
The new law is designed to prevent and to prosecute elder abuse. It will create a committee with representatives from numerous governmental and non-governmental agencies to coordinate the state's efforts through sharing information and cross-training various professions on the issue.
More information here.
MICHIGAN
Ten elder abuse bills signed into law and eight additional bills are pending in the legislature!
SB 454 - allows videotaped testimony for vulnerable adults in specific circumstances
SB 455 - increases penalties for financial exploitation
SB 457 - authorizes (does not mandate) elder death review teams. Provides FOIA protection and guidance for team membership.
SB 459 - increases criminal penalties and clarifies fraudulently obtaining a signature as a crime
SB 461 - prevents a convicted abuser from inheriting from their victim; requires bonding for conservators
SB 462 - requires abuse in long term care facilities to be reported to state authorities (not just to NH management); protects employees who report to the state
SB 464 - requires the state to develop a model protocol for abuse investigation
SB 465 - increases penalties for financial abuse
SB 466 - creates the Senior Alert, similar to an amber alert. The senior alert allows law enforcement to begin an investigation/notify press immediately if a vulnerable adult is reported missing.
SB 468 - prevents a magistrate from refusing 3rd party complaint on the basis that the victim did not file the complaint.
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CFPB Releases Report on Reverse Mortgage
The Consumer Financial Protection Bureau released a report on reverse mortgages which found that the mortgages are "complex products that are difficult for consumers to understand." It also found that "Deceptive marketing is a long-standing problem in this market, with many older Americans receiving solicitations implying that a reverse mortgage is a government benefit rather than a loan."
Read the report on their website.
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There's Still Time to Tell the FTC How Identity Theft Impacts Senior Citizens
The staff of the Federal Trade Commission is seeking information from the public on how identity theft impacts senior citizens, which the agency will use to inform its law enforcement agenda, policy initiatives and consumer education efforts. Comments can be submitted through July 15, 2012.
More information is available here.
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NAPSRC Webinar
Trauma-Informed Services for Elders with Abuse Histories
Wednesday, July 11, 2012
2:00 pm ET
1:00pm CT
12:00 MT
11:00 PT
Click here
to register
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CONFERENCE CALENDAR
July 11 - 13, 2012 Marriott Chicago Schaumburg * Texas Elder Financial Exploitation Summit The First Texas Summit on Elder Financial Exploitation Friday, August 3, 2012 United Way 50 Waugh Drive, Houston * National Center for Victims of Crime 2012 National Conference September 19 - 21, 2012
New Orleans, Louisiana *
October 2-4, 2012
Marriott Hotel and Conference Center,
Albany, New York
*
October 16-18, 2012 Phoenix, Arizona Squaw Peak Hilton *
December 4 - 7, 2012
Hyatt Fisherman's Wharf
San Francisco, California
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The National Adult Protective Services Resource Center (NAPSRC) is a project (Grant No. 90ER0002/01) of the U.S. Administration on Aging, U.S. Department of Health and Human Services (DHHS), administered by the National Adult Protective Services Association (NAPSA). Grantees carrying out projects under government sponsorship are encouraged to express freely their findings and conclusions. Therefore, points of view or opinions do not necessarily represent official Administration on Aging or DHHS policy.
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June 14, 2012
Elder Abuse Takes
Center Stage
at the White House
While the scope of World Elder Abuse Awareness Day (WEAAD) on June 15th has been increasing exponentially year by year, this year marked a turning point in the decades-long effort to have this country address elder abuse in significant ways.
As you all know, the first-ever WEAAD event was held at the White House. The event was spearheaded by elder abuse advocate and Assistant Secretary for Aging Kathy Greenlee and the White House Office on Public Engagement. In addition to Secretary Sebelius of HHS and the Administration on Aging (AoA) / Administration for Community Living (ACL), the day-long commemoration was sponsored by the Consumer Financial Protection Bureau (CFPB), and the Department of Justice. A high level representative of the Social Security Administration as well as elder abuse researchers and experts spoke.
Ricker Hamilton, a past president of NAPSA, who was with APS in Maine for many years and is the current aging and disability agency director there, did a good job discussing both aging services and APS. Almost every speaker mentioned APS at some point in their remarks.
Financial services industry representatives played a significant role at the event. The CEO of Wells Fargo Advisors, Daniel Ludeman, announced that the entire Wells Fargo Corporation recently identified elder financial exploitation as one of its top corporate priorities. The company plans to enter into a memorandum of agreement with AoA and also plans to work with other organizations on training initiatives, including training for APS.
Kathleen Quinn and Joe Snyder of NAPSA attended the event along with about 140 others from around the country.
Several significant announcements were made at the White House:
- AoA announced that $5.5 million is available for elder abuse prevention grants. Only state agencies/entities are eligible to apply, and APS must be involved in some way in each application. The deadline is July 31st, and the awards, which will number between six and eight, will be announced at the end of September. The full announcement is available on the AoA website.
- The Federal Coordinating Council on Elder Abuse, authorized under the Elder Justice Act, was formed. The council, comprised of federal agencies that have responsibilities or programs related to elder abuse, neglect, and exploitation, will work to address the cross-agency coordination of activities relating to elder abuse, neglect and exploitation.
- The first-ever Presidential Proclamation on elder abuse was issued. Read it here.
The full event, which actually took place in the beautiful Eisenhower Executive Office Building on the White House grounds, can be viewed on YouTube. The videos are broken into four files in the order of the sessions. The links are available at the Administration on Aging's website.
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| US Senate Declares
World Elder Abuse Awareness Day
Senate Resolution 492, designating June 15, 2012 as World Elder Abuse Awareness Day (WEAAD), was passed by unanimous consent in the United States Senate on June 12th. Senator Blumenthal was the principle sponsor, and Senators Durbin, Kirk and Nelson were co-sponsors.
In addition to recognizing the problem of elder abuse and WEAAD, the resolution specifically mentions APS in two places.
Resolved, that the Senate--
(1) designates June 15, 2012 as `World Elder Abuse Awareness Day'; (2) recognizes judges, lawyers, adult protective services professionals, law enforcement officers, social workers, health care providers, victims' advocates, and other professionals and agencies for their efforts to advance awareness of elder abuse; and (3) encourages members of the public and professionals who work with older adults to act as catalysts to promote awareness and long-term prevention of elder abuse by reaching out to local adult protective services agencies and by learning to recognize, report, and respond to elder abuse. To the best of our knowledge, this is the first Congressional resolution to recognize WEAAD.
Read text of the resolution here.
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Elder Abuse Toolkits for
Prosecutors and Courts Available
The National Center for State Courts' Center for Elders and the Courts has released elder abuse toolkits designed to provide guidance on prosecuting cases and improving court responses. Jurisdictions are encouraged to modify the forms and checklists to match state legal requirements and local terminology and resources.
Prosecuting Elder Abuse Cases: Basic Tools and Strategies offers guidance on building effective cases and achieving appropriate outcomes for victims. The guide reviews issues commonly arising in elder abuse cases, addresses evidentiary matters and use of experts, and highlights lessons drawn from three successful prosecutions. An evidence checklist outlines the types and sources of evidence that may be needed for building cases and proving different elder abuse crimes.
Prosecuting Elder Abuse Cases: Proposed Performance Measures introduces eight measures that may be used by prosecutors to document activity and achieve more effective outcomes. This "how to" manual offers strategies for "flagging" elder abuse cases and provides logistics and tools required to collect, analyze and interpret each measure.
Prosecution Guide to Effective Collaboration on Elder Abuse describes how prosecutors can provide leadership in multidisciplinary collaborations to more effectively identify and prosecute individual elder abuse cases as well as improve community responses and prevention efforts. The guide features examples of state and local collaboration models and provides online resources
Identifying and Responding to Elder Abuse: A Benchcard for Judges is a template that outlines the problem of elder abuse and offers strategies the court can take to improve responses.
Elder Abuse Cases: Proposed Performance Measures for Courts introduces eight measures that may be used by court managers and judges as a way to increase effectiveness in handling elder abuse cases. Measures are discussed in terms of effectiveness, efficiency, procedural satisfaction, and productivity.
Court Guide to Effective Collaboration on Elder Abuse suggests ways that multidisciplinary partnerships can assist courts in effectively responding to individual cases and in improving systemic community responses to elder abuse. Examples of collaboration models are featured.
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CFPB Wants to Hear
about Elder Financial Abuse
The Consumer Financial Protection Bureau's Office of Older Americans is seeking comments in response to the questions posed below. The full announcement is at: CFPB Seeks Comments
Please be sure to indicate in your comments on which questions you are commenting.
Evaluation of Senior Financial Advisor Certifications and Designations
1. What resources do seniors have for determining the legitimacy, value, and authenticity of credentials held by their financial advisors and planners? What sources have been found most helpful, accurate, and thorough?
2. How effective are the existing sources at maintaining the legitimacy, value, and authenticity of credentials held by senior financial advisors and planners?
3. How effectively do existing accountability controls deter the misuse of senior advisor credentials? (e.g., revoking credentials, public notices of disapproval, or other disciplinary actions.)
Providing Financial Information and Planning Information to Seniors
4. What resources are available to explain the subject matter expertise presented or implied by specific certifications and designations?
Senior Certification and Designation Information Sources
5. What sources of information on the fraudulent or misleading uses of senior certifications and designations are available?
Financial Literacy Efforts
6. What financial education, counseling, or personal finance management programs are tailored to the unique financial needs of older Americans and their families or caregivers? What are their best practices?
Financial Exploitation of Older Americans
7. What types of fraudulent, unfair, abusive or deceptive practices target Americans age 62 and over?
a. Power of Attorney or Guardian Abuse, whereby an agent uses his/her fiduciary authority (or a forged instrument) to misappropriate the older person's assets and uses them for personal gain;
b. Affinity fraud, in which the characteristics of a trusted advisor such as a member of the clergy or government official are impersonated by those attempting to extract payments or personal information from an older person.
Financial Exploitation of Older Veterans of the Armed Forces
8. What types of fraudulent or deceptive practices target older veterans and/or military retirees?
a. VA Aid and Attendance fraud, whereby veterans are advised to transfer retirement funds into irrevocable trusts that cause them to lose access to the funds and also become ineligible for Medicaid benefits;
b. Military pension buyout schemes, in which veterans are offered cash payments in return for their military pension payouts which could ultimately deprive the veteran of most of his or her pension.
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Do you have...
- An initiative you're especially proud of?
- An event or conference, training, public awareness effort which you'd like to publicize?
- A recent success story you'd like to share with your APS colleagues?
Please email your information to us at napsrc@apsnetwork.org and we'll add it to a future newsletter if possible.
NAPSA offers a special thank you to Health Benefits ABCs, whose twice-monthly newsletter, AGING POLICY/PUBLIC HEALTH NEWS, provided some of the information in this newsletter.
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