Guardians Gone Bad: Elder Abuse Report Reveals Startling Stats

November 3rd, 2010. By LucyC

At the end of October, Lawyers and Settlements reported on a government investigation into hundreds of allegations of elder abuse. Sadly, the investigation found that court appointed guardians of incapacitated seniors are not screened or monitored, with serious, if not life threatening consequences.

The probe by the Government Accountability Office (GAO), an investigating arm of the US Congress, looked into review practices in 45 states. The GAO report was done at the request of the US Senate’s Special Committee on Aging, which has been studying allegations of abuse and diversion of federal benefits from elderly and disabled wards of the court for some time.

Their findings? Nothing short of shocking. Hundreds of allegations were discovered by the federal auditors, allegations of physical abuse and mistreatment by guardians entrusted with the physical, emotional and financial well-being of elderly and disabled people. For example, 20 cases involved criminal or civil penalties against guardians who had stolen at least $5.4 million in assets from some 158 seniors. According to a report on CNN.com a case in Missouri involved a convicted bank robber who had been appointed guardian of an elderly man who developed Alzheimer’s disease. As the senior’s condition deteriorated, the guardian was able to steal over $640,000 from him by writing checks out of the senior’s estate to pay for exotic dancers and a new Hummer. 

With respect to physical abuse and neglect, an attorney for the National Guardianship Association provided the investigators with information on over 300 cases of alleged abuse, neglect and exploitation by guardians nationwide between 1990 and 2009. And, an advocate in Houston, who had personal experience of abuse of guardianship through her mother, provided information on 30 different families that submitted cases of abuse, with her help. “As a fierce advocate for ending guardianship abuse and elder abuse, I am pleased that the GAO has produced this report on abuse by guardians and the report does a good job illustrating this problem,” Latifa Ring said. “I wish the GAO had also covered the abuse that so often occurs within the guardianship process itself.” 

The report includes an ongoing dispute between an elderly couple, Michael and Jean Kidd, ages 67 and 70, and their court appointed guardians. The Kidds were declared mentally incapacitated and placed into a nursing home. Michael Kidd broke his hip prior to going into the nursing home. “Under the care of court-appointed guardians, their house went into foreclosure, their car was repossessed, their electricity was shut off, and their credit was allowed to deteriorate,” the report states. Fortunately, the Kidds have managed to keep their home, but they are still fighting the guardianship in a local court. 

Another example is that of Charles D. Stange Jr., guardian for his father. He was sentenced to prison in 2008 after misappropriating about $300,000 in Veteran’s Administration checks meant for his father, according to the report. His theft is also recorded in federal court records, which show that he embezzled VA benefits from November 1, 2002, until roughly August 2005. Unbelievably, however, as of June 2010, Stange had not been removed as guardian for his father by state court officials. Why not? 

One is left wondering if the presence of a criminal record comes into play at all in the guardianship approval process. Possibly, is the answer—but only in 11 states which require screening and certification of court-appointed guardians. But even that’s no guarantee of safety. In some states those procedures are so lax that government investigators obtained certifications using “counterfeit documentation and fictitious educational and professional histories.” 

But it’s not just guardians who dole out abuse. Nursing homes are also a huge area of concern with stories appearing weekly in the media about sexual assault, injury, medication abuse, bed sores and emotional abuse, inflicted on residents who cannot defend themselves. 

Often, due to a shortage of staff or staff that has not been adequately trained, the best nursing home care is not always readily available, and nursing home residents become victims of the “hidden crime”. Some examples of abuse are withholding food; no access to water; medication errors; poor toileting facilities; and inadequate daily care and grooming. 

If you’re concerned about the possibility of elder abuse, here are some things to be watching for:   

• Physical abuse: infliction of pain or injury, including sexual abuse.
• Misuse of restraints: chemical or physical control of resident not in accordance with accepted medical practice or orders.
• Verbal/emotional abuse: demeaning statements, harassment, threats, humiliation or intimidation.
• Physical neglect: disregard for the necessities of daily living such as food, water, bathing and basic care.
• Medical neglect: lack of care for existing medical problems such as ignoring a necessary medical diet, not calling a physician when necessary, being unaware of potential side effects of medication or not taking action on a medical problem.
• Verbal/emotional neglect: not meeting the patients’ verbal/emotional needs including disregarding patients’ wishes, or restricting contact with family and friends.
• Personal property abuse: illegal or improper use of a resident’s property (funds, property, assets) by another for personal gain.
• Healthcare Fraud and Neglect: by unethical doctors, nurses, hospital personnel, and other professional care providers, e.g., not providing for healthcare but charging for it; overcharging or double-billing medical services; Medicaid fraud.
• Issues with the Elder Care Facility: crowding; poorly trained, poorly paid or insufficient staff; impersonal and inadequate responses to your questions about care, particularly elder law.

Tags: elder abuse, elder care, Guardian, nursing homes

This was posted on Wednesday, November 3rd, 2010 at 1:46 pm and is filed under Drugs/Medical, Personal Injury . Feel free to respond, or trackback. Read our comments policy.