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Judge cites lack of resources for elder abuse cases

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By Suzanne Higgins

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September 17, 2012 · A conference sponsored by the Raleigh County Commission on Aging Friday sought to educate a variety of professionals about the signs, community responsibilities and laws associated with elder abuse.

 

The opportunity to earn continuing education credits helped attract more than 100 nurses, nursing students, social workers, senior advocates and senior service providers.  

  

Sessions identified forms of elder abuse and neglect, and discussed the factors that influence elder abuse.  

  

“I actually have around 100 clients that I see, and elder abuse is a big issue,” said participant Beckly Cline, a registered nurse working for an in-home care company in Wyoming County. 

  

“There are a lot of elderly people taken advantage of financially, mentally, and we also see neglect too. People will say they’re taking care of their family member, but they’re clearly not.”  

  

Family Nurse Practitioner and Dean of Health Sciences at Mountain State University Karen Bowling gave a presentation on poly-pharmacy, which is a medical term used when a patient is on more medications than they need. Bowling says she sees the cause, a lack of health literacy, as a form of elder neglect.  

  

Bowling pointed out with an elderly and sick population, West Virginia is at high risk for polypharmacy.  

  

“There are statistics out there that will tell you we lead the nation in the number of prescriptions prescribed per capita,” said Bowling.  

  

“Now I want to make sure this is clear, does that mean if you take 4-5 meds there’s a problem with that? No, it doesn’t. It just means we need to be sensitive,” she said.  

 

“Those people need a clear evaluation of when to take the meds, how they should take them, and we all have a responsibility to make sure elders are getting the appropriate medications."

  

Judge John Hutchinson of the 10th Judicial Circuit in Raleigh County was keynote speaker, discussing how difficult it is to prosecute elder abuse cases. 

  

“Abuse of the elderly is very, very under-reported,” said Hutchinson. “And it’s difficult because they’re often ashamed or afraid they may lose their independence and be placed in a home so they often won’t testify.” 

  

“The other problem is elder abuse crime is not very glamorous. It is not in the legal system in the state of West Virginia, I am sorry to say, and I am part of that system, it is not a priority type prosecution,” he said.  

  

“It is not something prosecutors look for because they don’t know a lot about it. They don’t know the crime is being committed and they’re not being reported.” 

  

Hutchinson said financial exploitation is the fasted growing form of elder abuse. He said along with medical, dental, and mental health providers, clergy, social workers, law enforcement and senior housing employees, the list of mandatory reporters of suspected elder abuse now includes banks and financial institutions.  

  

But what happens after probable cause is reported? 

  

Hutchinson obtained information from an audience member that in Raleigh County alone, there are 130-150 referrals for elder abuse investigations a month, and that Raleigh County only has 2 Adult Protective Services investigators. 

  

He was then told by another audience member that one Raleigh County Adult Protective Service staffer was the default guardian for 80 abused elders. 

  

“And you are responsible for making sure that everything is going correctly for billing, medical care, and all other needs of those patients because they have no one else, is that correct?” 

  

“I hope you understand my point. There are nowhere enough resources for this,” said Hutchinson.  

  

The judge suggested some help could be found with the State Attorney General’s Senior Protection Task Force, and with provisions of the of the Uniform Adult Guardianship Protective Proceedings Jurisdiction Act, the Uniform Powers of Attorney Act, and the Elder Justice Act of 2009, under President Obama’s Patient Protection and Affordable Care Act.  

  

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