WHY SHOULD WE LEARN ABOUT ELDER ABUSE? Learning Objectives. The Changing Family, Elder Issues, and Intergenerational Considerations

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1 The Changing Family, Elder Issues, and Intergenerational Considerations Hon. Katherine Tennyson Learning Objectives As a result of this exercise, you will be better able to: Discuss the forms of elder abuse and its causes Describe how abusers justify elder abuse Describe the challenges older individuals face when seeking safety and justice in elder abuse cases Identify how a Court system can improve its response in elder abuse cases 2 WHY SHOULD WE LEARN ABOUT ELDER ABUSE?

2 People Are Living Longer As The Result of Improved Life Expectancy Result = Changes in American Family A child would experience the death of a parent by age 15 Marriage would end in widowhood before the 40th anniversary A 15-year-old woman would have 3 or 4 living grandparents A middle-aged couple would have at least 2 of their parents still alive % 5% 67% 36% 17% 55% 10% 47% The TSUNAMI of a generation Reported cases are increasing By 2030, more persons above the age of 65 than under the age of 18 By 2029, all Baby Boomers will be 65+ Over one in every 8 of the pop. is an older American 5 WHY SHOULD WE LEARN ABOUT ELDER ABUSE? Guardianship/conservatorship, other probate Special protective proceedings Health care decisions for an incapacitated adult Protective Order proceedings 6

3 WHY SHOULD WE LEARN ABOUT ELDER ABUSE? Criminal or civil institutional matters Expertise in LE, Prosecution improving Courts may see elder abuse in a variety of contexts Criminal Civil fraud of conversion Family cases 7 How this appears in the courtroom WHAT IS ELDER ABUSE? Depends on state statutes; can be defined many ways (physical, sexual, financial, emotional, stalking, neglect) National Center on Elder Abuse definition: Physical, sexual, emotional, financial, neglect On-going relationship between victim/perp where there is an expectation of trust Occurs in the elder s home or the caregiver s home 9

4 WHAT IS ELDER ABUSE? Self-neglect = person no longer willing or able to provide basic care for self. Type of elder abuse most reported to Adult Protective Services ( APS ) Often co-occurs with other types of elder abuse Often an underlying medical condition Stranger perpetrated financial scams not covered in this course 10 WHO ARE VICTIMS OF ELDER ABUSE? Persons aged over 60 or 65+ Primarily females and some older males All racial, ethnic, socio-economic, and religious backgrounds Heterosexual & homosexual relationships Does not include vulnerable or at-risk adults age WHO ARE VICTIMS OF ELDER ABUSE? Remember: family dynamics are changing! Family will appear before you in many different forms. Look at family from a broad and holistic perspective. 12

5 WHO COMMITS ELDER ABUSE? Intimate partners (long-term, new, or late onset) -- Occurs in heterosexual/gay/lesbian relationships -- Includes dating relationships Adult children and other family members Caregivers Others with whom the victim has an expectation of trust This definition excludes victimization by strangers. 13 WHERE DOES ELDER ABUSE OCCUR? Domestic settings (89.3%)(APS Survey 2004) Facility settings (4.5 %) 14 WHAT ARE SOME CAUSES OF ELDER ABUSE?

6 HOW ARE OLDER PEOPLE HARMED? Accidents Well-intended caregivers Contact with persons with physical or mental health conditions that manifest in aggressive behavior Elder abuse 16 WHY DOES ELDER ABUSE OCCUR & PERSIST? Greed Goal is financial exploitation Offender often committing other types of abuse Power and control As in domestic violence Pattern of abusive and coercive behaviors and threats used to control victim Actual and assumed power is used 17

Created by the National Clearinghouse on Abuse in Later Life (NCALL), a project of the Wisconsin Coalition Against Domestic Violence (WCADV) Aging, Abuse, and Capacity: Large Group Brainstorm What

7 Created by the National Clearinghouse on Abuse in Later Life (NCALL), a project of the Wisconsin Coalition Against Domestic Violence (WCADV) Aging, Abuse, and Capacity: Large Group Brainstorm What are some assumptions we have about older adults? Where do these assumptions come from? How do these assumptions hurt older victims who appear before you? 20 Ageism Ageist Attitudes Presumption of inability and/or incapacity Society often acts paternalistically towards elders Interventions mimic child abuse interventions 21

8 Capacity & Ageism Suspicion of incapacity can result in legal vulnerability for elder abuse victims Elders who report abuse, especially sexual abuse, are often presumed to have capacity issues or are disbelieved Aging may create accessibility issues that does not equal incapacity! 22 Capacity & Ageism Often facing abuse plus failing health, loss of vision/hearing/memory Abusers exploit this in and out of court! Normal process of aging will impact an older victims perception of choices and the consequences of the choices COULD HAVE CHILLING EFFECT FOR VICTIMS INVOLVED WITH THE COURT 23 Capacity Focuses on person s abilities What a person can do Clinical term and assessment, not legal determination Assessments of capacity are used to make judgments of competency Can be difficult to assess Competency A court finding that a person has the ability to do or not do something - legal determination Requires a minimal ability to observe, recollect and communicate information Generally competence presumed unless challenged Determination of competency may require an expert s assessment 24

9 Final Points on Capacity/Competency Take care to preserve individual liberty Forgetfulness or poor handling of finances could signal incompetence, abuse, neither, or both! Make findings re competence, then tailor guardianship No incompetence; other services may be available to help Look at long held patterns of behavior/beliefs 25 Common Justifications and Excuses Caregiver Stress Providing care can be stressful Sometimes the stress is overwhelming and can lead to problems Caregivers often experience overeating, lack of sleep, depression, etc. 27

10 Reframing Abuse and Caregiver Stress Not a CAUSE of abuse Early research was based on abuser s selfreports Abusers used caregiver stress as an excuse to justify their behavior so they will not be held accountable and to create sympathy for themselves 28 Reframing Abuse and Caregiver Stress Everyone experiences stress most do not abuse, neglect or exploit a parent or partner The target is the older adult not anyone Generally pattern not an isolated incident We would not tolerate similar circumstances with children or pets 29 Abusers often: Lie Smoke and Mirrors Manipulate Charm Justify their behavior Blame the victim and others 30

11 Learning Points Common Justifications Victim Blaming She s clumsy. She didn t do what I wanted. She started it. He is too difficult to care for. 31 Learning Points Common Justifications Offender Excuses I have a problem with my temper. I was drunk or high. I have Alzheimer s disease. It s not my fault. He hit me when I was a child. In my culture, elders share their resources. 32 Learning Points Possible danger in believing these: Victim safety not addressed Chilling effect No accountability Ineffective remedy 33

THE IMPACT OF ELDER ABUSE Consequences and Challenges 34 Senate Special Committee on Aging: Mickey Rooney s Testimony, 2011 35 Identifying Elder Abuse - Challenges Shame, fear, embarrassment,

12 THE IMPACT OF ELDER ABUSE Consequences and Challenges 34 Senate Special Committee on Aging: Mickey Rooney s Testimony, Identifying Elder Abuse - Challenges Shame, fear, embarrassment, intimidation Elders may try to hide abuse to avoid being placed in a nursing facility Stereotypes of elderly may contribute to misdiagnosis or failure to recognize risks Symptoms attributed to age or dementia Bruises may be seen as more common due to use of blood thinners or blood vessel changes Minimize dangerousness 36

13 Additional Challenges Lack of awareness and training about Elder Abuse Law enforcement Prosecutors Civil Attorneys, including Guardians and GALs Advocates Judges, Court Commissioners, Court Personnel Elder abuse professionals May view offenders as overwhelmed Increasingly limited resources when caseloads are growing 37 The Human Toll Victims of elder abuse are 3 times more likely to die prematurely Longer recovery time for older victims physically, psychologically, financially some never fully recover 38 RESPONDING TO ELDER ABUSE A Call to Action 39

14 Reflection Question: What services are available to victims of elder abuse in your community? 40 Keys to a Better Response Identify local resources Focus on victim safety Be aware of and avoid assumptions Recognize abuser tactics Work collaboratively 41 Who Might Be Involved? Faith Leaders Advocates Financial Institutions APS and Aging Network Health Care Professionals Friends & Family Civil Attorneys Law Enforcement & Prosecution Older Individual 42

15 A CALL TO ACTION Go home find out what is happening in your community to prepare for this wave Tap into national resources NCALL, NCEA Seek state-of-art training on elder abuse already occurring with Law Enforcement and District Attorneys and judicial officers 43 Learn More National Judicial Institute for Domestic Violence NCJFCJ Futures Without Violence (formerly Family Violence Prevention Fund) U.S. DOJ, Office on Violence Against Women 3.5 Day Program, started in 2007 Faculty: Judges and National Experts 44 Enhancing Judicial Skills in Elder Abuse Cases Dates: August 11-14, 2013 Location: Portland, OR For more information, please visit: or contact Jenny Talancon at or at 45

16 Contact Hon. Katherine Tennyson Multnomah Co. Circuit Ct SW Fourth Ave. Portland, OR

Abuse in Later Life: Practical Tools Judges Can Use to Help Identify and Respond to Elder Abuse Cases. Hon. Nathaniel Perry Candace Heisler

Abuse in Later Life: Practical Tools Judges Can Use to Help Identify and Respond to Elder Abuse Cases Hon. Nathaniel Perry Candace Heisler National Council of Juvenile and Family Court Judges Annual Conference