NASCLA Resources Committee Elderly Abuse Prevention Program

Developing a national model for state boards

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About Elder Abuse

Approx. 40 million seniors ages 65+ (2010 Census) ◦ California= 4.2 million; Florida = 3.3 million;

New York & Texas = 2.6 million

Seniors have higher rates of homeownership, own older homes, and are less likely to perform repairs themselves.

In 2000, estimates of reporting financial exploitation was 1 in 25 cases, suggesting 5 million victims each year.

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Why the Elderly Are Targets

Seniors are more likely to: ◦ Be home during the day ◦ Be females living alone ◦ Be too trusting of door-to-door solicitors ◦ Be homeowners with physical/mental limitations ◦ Have large amounts of cash on hand or readily

accessible funds ◦ Be less likely to take action against fraudulent

home improvement contractors ◦ Be in fear of being taken from their homes and

placed with family or in a senior facility 3

At-Risk Characteristics

Trust Predictability Assets Inexperience Loneliness

Embarrassment Independence Physical

Impairments Death

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Defining Elder Abuse

Types of abuse ◦ Physical ◦ Sexual ◦ Emotional or psychological ◦ Neglect / Self Neglect ◦ Abandonment ◦ Financial or material exploitation Theft by false pretenses Diversion of funds Burglary Identity theft

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State Laws General State Law Categories: ◦ Adult protective services All 50 states have enacted legislation Establishes reporting and investigation of elder abuse Pertains to abused adults who have disability,

vulnerability, or impairment as defined by law. ◦ Institutional abuse ◦ Long-term care ombudsman program

Other jurisdictions with laws: ◦ Domestic violence / family law ◦ Guardianship / conservatorship ◦ General or durable powers of attorney ◦ State regulations and/or policies

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Example of State Laws

California ◦ Welfare & Institutions Code – Elder

Abuse and Dependent Child Protection Act Provides for mandatory and voluntary

reporting and for prosecution of cases and penalties for violations

◦ Penal Code Section 386 Makes elder and dependent abuse a

crime and covers physical mental suffering as well as financial abuse

Penalty can be charged as misdemeanor or felony

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Example of State Laws

Nevada ◦ NRS 193.167 Crimes of murder, attempted

murder, assault, battery, kidnapping, robbery, sexual assault, embezzlement

Imposes an additional criminal charge of time served in county jail if the crime is a misdemeanor or gross misdemeanor

Prescribes 1-20 year sentence if crime is a felony

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Federal Laws

Older Americans Act ◦ Provides definitions of elder abuse ◦ Authorizes the use of federal funds for the

National Center on Elder Abuse and certain elder abuse awareness and coordination activities in states and local communities

Make funds available for shelters and services for child abuse/domestic violence victims

No comparable laws for enforcement of elderly abuse

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Why the Contractors Board?

HEALTH, SAFETY, & WELFARE Vulnerability of the elderly population Elevating cases that go beyond scope of

contracting issues Educate, outreach, & raise awareness Involving external partners Increase in senior population = increased

need for home repairs, construction projects

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Purpose for a Model Program

Offer state’s guidelines of best practices Provide outreach and educational ideas and

materials Ensure consistent messaging nationwide Establish a toolbox of resources, examples

from states, and opportunities for program growth

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Program Components How to identify & respond to elder

abuse ◦ Clear definition; knowing what to look for ◦ Understanding the laws & remedies ◦ Investigator trainings ◦ Communicating with affected senior(s)

Partnering strategies ◦ Knowing the role of your partners ◦ Building relationships for improved processes ◦ Engaging them to become invested in the issue

Outreach & educational efforts ◦ Proactive & reactive approaches

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General Program Outline Program component ◦ List of best practices for recommended inclusion List of toolbox items/templates for states to use

EXAMPLE: Outreach/education to seniors ◦ Keep messaging clear and concise ◦ Offer information on senior scams ◦ Provide streamlined tips and suggestions for using

licensed contractors Sample brochures Senior bulletin ideas Suggestions for senior seminar topics – Power Point

templates, handouts, etc. 13

Next Steps

Identify program components

Brainstorm best practices

Select the items necessary or available to place in the toolbox

Discuss next steps to move closer to finalizing the model program.

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