Wickedness is weakness. ---Milton, Samson Agonistes
I can resist everything except temptation. ---Wilde, Lady Windermere's Fan
Why is financial elder abuse becoming a growing and unreported crime upon America's senior citizens?
Answer: Financial Elder Abuse is rarely reported as a crime because the seniors who have become its victims are either embarrassed to report the crime because they are related to, or have often trusted the perpetrator; they are afraid of being physically abused by their perpetrator; or they simply are powerless or unaware of how to seek legal redress.
America's Aging Population
On 12/30/09, according to the United States Census Bureau there were 308.4 million people in America. In the United States, approximately 79 million babies were born between 1946 to 1964 during the Baby Boom.
Young males returning to the United States, Canada, and Australia following tours of duty overseas during World War II began families, which brought about a significant number of new children into the world. This dramatic increase in the number of births from 1946 to 1964 (1947 to 1966 in Canada and 1946-1961 in Australia) is called the Baby Boom.
On 12/16/09, the United States Census Bureau noted that Baby Boomers comprised over 30 percent of the population. The elder population is increasing exponentially. By 2004, there were 36.3 million elders in the United States. By 2030, almost one in five Americans- some 72 million people-will be 65 years or older. The number of baby boomers living in 2030, according to U.S. Census projections will be 57.8 million. And, of that 57.8 million people approximately 54.9 percent or 31.78 million will be female. In 2030, baby boomers will be between ages 66 and 84.
According to the Bureau of Labor Statistics, the future medical and health care costs for Baby Boomers on average will be high. In 2004, the average annual expenditures on health care for people ages 45 to 54 was $2,695. This is the age group that is the heart of the baby boom generation. When budgeting for medical expenses, baby boomers should expect increased health care spending as they age; for instance, those age 55 to 64 spent $3,262 and those 65 and over, $3,899.
SFPD's Captains Community Meeting
On 2/23/10, I had the pleasure of attending my first Captain's Community Meeting at the Tenderloin Police Station. Captain Dominic M. Celaya's topic of discussion was Elder Abuse in the Tenderloin. Captain Celaya had as his guest speaker San Francisco Assistant District Attorney A. Alan Kennedy, Esq. Director of the Elder Abuse and Real Estate Fraud Unit.
Mr. Kennedy noted that Elder Abuse is the crime of the 21st Century. The Assistant District Attorney stated that the prevalence of elder abuse in the United States is a serious problem. In California, it is estimated that 200,000 elders are victims of moderate to severe physical abuse each year. These victims too frequently feel that they are alone or that their cries for help will go unanswered. Often, they do not seek help out of fear of retaliation from their abusers. Many victims remain silent to protect abusive family members from the legal consequences of their crimes, or are too embarrassed to admit that they have fallen victim to predators.
Mr. Kennedy further added that these same elders are often victims of financial abuse and/or fraud from unsavory characters. I began to realize that as Baby Boomers are aging and becoming a growing percentage of the United States population, laws will need to be enforced to protect senior citizens from both physical and financial abuse.
On 3/16/10, Captain David Lazar of the Ingleside Police Station held his monthly Captain's Community Meeting at the San Francisco Police Academy. Captain Lazar also had a guest speaker who spoke on the topic of Elder Abuse. Ms. Cheryl L. Matthews, San Francisco Assistant District Attorney echoed many of the same points that her boss A. Alan Kennedy discussed on Elder Abuse. However, Ms. Matthews did note that financial crimes such as fraud or theft perpetrated upon seniors were often filed by the District Attorney's Office, but she also said that sometimes elderly victims who are dependent on a caregiver who is financially exploiting them are reluctant to report such crimes.
The Brooke Astor Case
In 2007, Brooke Astor was 105 years old when she died in New York City. Ms. Astor was a philanthropist and a long-reigning matriarch of New York society. On 10/09/09, Brooke Astor's son, Anthony D. Marshall, age 85, was convicted in a Manhattan court on charges that he defrauded his mother and stole tens of millions of dollars from her as she suffered from Alzheimer's disease in the twilight of her life.
The Manhattan court noted that Mr. Anthony D. Marshall's jury verdict could sentence him to at least a year and as many as 25 years in jail. Mr. Marshall's attorneys said that they would appeal the jury verdict and conviction. A co-defendant, Francis X. Morrissey, Jr., a lawyer who did estate planning for Mrs. Astor, was also convicted of a series of fraud and conspiracy charges, as well as one count of forging Mrs. Astor's signature on an amendment to her will.
Some advocates for the elderly say the Brooke Astor case is a too common kind of financial crime perpetrated upon senior citizens. The AARP's called the Astor case "one of the most infamous case of financial elder abuse in recent memory." As the United States population ages there will be many more instances of financial elder abuse cases appearing in the courts.
I want my Independence
Anti-elder abuse advocates and lawyers believe the conviction of Brooke Astor's son is a sign that cases involving the exploitation of seniors can succeed.
However, if there does appear to be a growing consensus among advocates for the Elderly that the courts will prosecute abusers on behalf of seniors, why do the crimes go unreported? It is common knowledge that seniors do not want to report crimes of physical and/or financial abuse because they do not want to lose their independence.
Often, a seniors greatest fear is to have a family member decide that they are incapable of taking care of themselves. And, then that family member decides to put the elder in custodial care whether it be an assisted care facility or nursing home. Therefore, crimes such as financial and/or physical abuse against senior citizens often go unreported. And, many of the perpetrators of these crimes against the senior are often close friends or family members. So, if a senior is dependent on the care-giver who may also be his abuser, that elder may decline to press charges against this person.
Living as an Elder with Dignity
Fortunately, an elder who does encounter physical and/or financial abuse does have state and federal agencies available to assist them.
The San Francisco Elder Abuse Forensic Center (SFEAFC) is a group of agencies that are on the frontlines caring for the victims of elder abuse and neglect, they are as follows;
· Adult Protective Service (APS)
· District Attorney's Office (DA)
· San Francisco Police Department (SFPD)
· Institute on Aging (IOA)
In 2006-2007, the Institute on Aging (IOA) received a three-year grant for the development of a Forensic Center from the Archstone Foundation. In addition, District Attorney Kamala Harris obtained funding from the San Francisco Board of Supervisors to start and maintain the operations of the Forensic Center. This combined funding has resulted in a public/private partnership that co-locates experts at APS from geriatric medicine, social work, law enforcement, psychology and the DA's office.
The team can now respond more nimbly and effectively to the needs of victims of elder abuse and will be better able to hold perpetrators accountable when appropriate. |
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