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Attorney General

DELAWARE ATTORNEY GENERAL



 

ELDERLY ABUSE REPORT

Elderly 
Abuse 
Report
Safeguarding 
your finances
Elderly Abuse 
& Exploitation

WITH RESPECT TO SENIOR DELAWAREANS:

A NEEDS ASSESSMENT AND
RECOMMENDATIONS CONCERNING
SENIOR CRIME VICTIMS IN DELAWARE

May 22, 2003

The Report of the Delaware Attorney
General's Task Force on Senior Victims


PREFACE

I am pleased to share with you the publication, With Respect to Senior Delawareans: A Needs Assessment and Recommendations Concerning Senior Crime Victims in Delaware. [1] This report presents the findings and recommendations of the Delaware Attorney General’s Task Force on Senior Victims.

For a number of months, the Task Force has been engaged in efforts to identify ways in which the public and private sectors can join forces to improve the State of Delaware’s response to one of the most unconscionable, reprehensible, and invisible forms of criminal activity occurring in our society today – the victimization of our senior citizens. At the heart of the Task Force’s efforts was the belief that, although not of epidemic proportions, the problem of senior victimization in Delaware is greater than indicated by available data. This conclusion, in turn, suggested that not only is senior victimization a more extensive problem than is generally recognized, but that, tragically, some seniors who have been victims of crime are not receiving services to assist them in coping with the consequences of their victimization.

Accordingly, the Task Force comprised of a broad coalition, adopted a multidisciplinary strategy for meeting the needs of senior crime victims that would begin with improving the reporting and detection of suspected incidents of crimes against seniors, and result in enhancements in the availability and accessibility of services for seniors who are victims of crime. In the course of its deliberations, the Task Force underscored the critical need to improve communication, coordination, and cooperation among justice system officials and social services providers in meeting the needs of senior crime victims. It called for enactment of legislation to enhance the penalties for crimes committed against senior citizens; emphasized the importance of increasing public awareness of the problem of senior victimization; and proposed policies and protocols to improve the investigation, prosecution, and management of cases involving crimes against seniors.

The work of the Task Force comprises a blueprint for improving the State of Delaware’s response to the problem of senior victimization. It is a beginning – a good one – that reflects the Task Force’s commitment to reducing the victimization of seniors in Delaware, and its promise that help will be there for seniors who are the victims of crime. In the months to come, we urge all responsible agencies, companies and organization to move forward with implementation of the Task Force recommendations. We must meet our commitments and keep our promises to senior Delawareans.

ACKNOWLEDGMENTS

Many people gave generously of their time and expertise to the work of the Delaware Attorney General’s Task Force on Senior Victims. First and foremost, I am deeply indebted to each member of the truly impressive group of individuals who comprised the Task Force itself. These individuals ably represented a broad and diverse spectrum of and interests. The breadth of their collective knowledge and experience contributed to the comprehensiveness of the Task Force’s work, and is reflected in each of the Task Force recommendations. For their numerous contributions to this initiative, I am grateful. An extra ration of my gratitude is in order for those Task Force members who took on the added responsibility of chairing a Task Force subcommittee.

Dawn K. Thompson of my staff provided staff support for the Task Force, efficiently and graciously handling meeting logistics, developing the minutes of Task Force meetings and editing this final report.

Finally, my special thanks to Gwen A. Holden, a consultant to the Task Force, who guided the Task Force members in organizing their work and formalizing their recommendations, and who assisted in the development of this final report on the Task Force’s behalf.

[1]A copy of the full report is available on the Delaware Department of Justice Web Site: attorneygeneral.delaware.gov, or by calling 302-577-8338.


RECOMMENDATIONS OF
THE ATTORNEY GENERAL’S TASK FORCE ON SENIOR VICTIMS

Understanding Senior Victimization

Issue


The development and implementation of strategies for addressing the problem of crimes against senior citizens in Delaware currently is hampered by the lack of a comprehensive and complete picture of the nature and extent of that problem in the state.

Commentary

At the inception of its work, the Task Force characterized the problem of crimes against seniors as one that frequently "occurs behind closed doors" and which, therefore, is largely "invisible." Moreover, the Task Force asserted that owing to deficiencies in data on senior victimization in Delaware, the true extent of the problem is unknown. In the course of its deliberations, the Task Force learned that data concerning senior victimization, including incidents involving crimes against senior citizens, currently is collected by many public and private agencies and organizations which come in contact with, or provide services to, seniors. However, the Task Force found that these data and information are not analyzed or shared routinely. The Task Force concluded that analysis of information concerning senior victimization and the sharing of that information on an interagency and an interdisciplinary basis could help to inform efforts within the State of Delaware to reduce incidents of crimes against seniors and improve the delivery of services to senior crime victims. The Task Force also observed that there is no single, centralized source of data and other information on senior crime victims in the state. The Task Force rejected the idea of pursuing the creation of a new division or bureau of state government to fill this gap, proposing instead that efforts be undertaken to explore the possibility of building upon and expanding the capabilities of an existing public or private agency or organization, such as the University of Delaware, Clearinghouse on Abuse and Neglect of the Elderly, to meet this need.

The Task Force recommends:

  1. Protocols should be developed and implemented for collecting, integrating and analyzing data that would produce a comprehensive and complete picture of the problem of crimes against seniors in Delaware. These protocols should include strategies for:

    • Identifying which public and private agencies currently are collecting data on Delaware senior crime victims;

    • Identifying gaps in data needed to develop a comprehensive picture of the problem of crimes against seniors in Delaware;

    • Identifying existing sources of information, such as the Delaware Nursing Home Residents’ Quality Assurance Commission’s annual report on the quality of care of nursing home residents, that might provide insight into, and data concerning, the victimization of the elderly in long-term care facilities, including nursing homes;

    • Initiating efforts to begin the collection of data and other information concerning the victimization of the elderly in assisted-living facilities.

  2. Research should be initiated to determine the prevalence of senior crime victimization in Delaware, and to identify the types of crimes that are being committed against the elderly, and the demographics of senior crime victims;

  3. The feasibility of amending protocols for reporting crime incidents in Delaware to flag incidents involving senior victims should be explored;

  4. Opportunities should be explored for institutionalizing, and increasing the availability of staff and financial support for the University of Delaware’s Clearinghouse on Abuse and Neglect of the Elderly (CANE) to permit CANE to:

    • Enhance the availability and accessibility of its extensive database of information concerning abuse and neglect of the elderly;

    • Engage in the analysis of data and other information concerning the victimization of seniors in Delaware.

  5. The feasibility of creating an interdisciplinary "Death Review Team" to examine suspicious deaths of elderly persons and to gather information on conditions that may have caused, and strategies that might be pursued to prevent, such deaths should be explored;

  6. A review of higher education curricula on the aging in Delaware should be undertaken to identify opportunities for enhancing these curricula to encompass course content on elder abuse and neglect, to include instruction on the following topics:

    • Types of abuse, and causal factors of abuse and neglect;

    • Cultural and ethnic characteristics affecting service needs and the delivery of services to vulnerable older adults;

    • Case assessment;

    • Victim and abuser profiles; and,

    • he problem of "self-neglect."


Identifying Senior Crime Victims

Issue

Seniors who have been the victims of crime may be reluctant, unwilling or unable to report their victimization.

Commentary

The Task Force members observed that seniors who have been the victims of crimes oftentimes are reluctant, unwilling or unable to report their victimization. Senior crime victims may be uncertain about where or how to report a crime. Moreover, seniors who have been the victims of such criminal activities as financial exploitation or scams, such as telemarketing fraud, may blame themselves for their victimization and, consequently, be too embarrassed to report the crimes. In other instances, senior crime victims may be mentally or physically disabled, and therefore unable to initiate contacts with law enforcement officials or victim service providers to report crimes.
The Task Force members concluded that steps should be taken to encourage professionals who work, or regularly come in contact, with the elderly to report suspected incidents of abuse, neglect, and exploitation. Categories of professionals whose assistance might be enlisted in efforts to increase the identification of senior crime victims include:

  • Hospital social workers;

  • Physicians in private practice;

  • Police officers;

  • Emergency medical service personnel;

  • Emergency room staff;

  • Senior center staff;

  • Volunteers working with the elderly;

  • Home healthcare workers;

  • Social service agency social workers;

  • Public health, parish, and visiting nurses;

  • Residential care facility staff;

  • Front-line personnel in banks and other financial institutions;

  • Personal financial services providers, such as stockbrokers and certified public accountants; and,

  • Employees of businesses and industries within the community, such as grocers, pharmacists, fuel oil dealers, mail and newspaper carriers, and meter readers, who have regular opportunity for contact with seniors.

The Task Force recommends:

  1. Expand present mandatory reporting laws in Delaware to include personnel in additional professions and that responsible agencies assess their protocols for timeliness and resources:

  2. The availability of educational materials on elder abuse, neglect, and exploitation should be expanded for persons in professions that are in contact regularly with older citizens. These educational materials should encompass information concerning:

    • Forms, signs, and symptoms of elder abuse, neglect and exploitation;

    • Laws and regulations concerning the rights of elder citizens, including privacy and confidentiality provisions, and governing the reporting of suspected incidents of abuse, neglect, and exploitation;

    • Contacts for agencies and organizations that should be notified of suspected incidents of elder abuse, neglect, or exploitation.

  3. Protocols should be developed, and the availability of training curricula expanded, on elder abuse, neglect, and exploitation for persons employed in professions that are in contact regularly with older citizens. These protocols and training curricula should encompass procedures for and instruction in identifying, assessing, documenting, and reporting suspected incidents of elder abuse, neglect, or exploitation.

  4. Title 10 of the Delaware Code should be amended to provide employees of financial institutions and businesses immunity from criminal or civil liability for making reports of suspected incidents of financial exploitation of the elderly;

  5. Educational materials should be developed to inform families and guardians of elderly persons about forms, signs, and symptoms of abuse, neglect, and exploitation of seniors;

  6. Options should be explored for improving the assessment of elderly persons who are brought into hospital emergency rooms for suspected abuse, which options might include:

    • Examining policies, protocols, and procedures currently followed by Delaware hospitals to conduct assessments of elderly persons who are brought into emergency rooms for suspected abuse;

    • Expanding the role of S.A.N.E. nurses to include conducting examinations and making assessments.


Providing Services for Senior Crime Victims and Their Families

Increasing the Availability of Services for Senior Crime Victims


Issue


The State of Delaware should offer a continuum of services for senior crime victims, to include resources targeted to preventing senior victimization and responding to the needs of senior victims.

Commentary

The Task Force noted a marked expansion in the availability of publicly and privately financed and operated services for senior crime victims in Delaware in recent years. Nevertheless, the Task Force observed that, notwithstanding accomplishments to date, several gaps currently exist in the array of available services. The Task Force asserted that efforts must be directed to identifying and filling these service gaps.

The Task Force recommends:

  1. Monitoring HB 84, "the Money Management Bill" which authorizes funding for the Division of Services for Aging and Adults with Physical Disabilities to create a program to provide senior citizens assistance in managing their financial affairs, including the paying of bills, should be endorsed;

  2. The Legal Handbook for Older Delawareans should be updated, and its distribution increased;

  3. An information "card" should be developed for seniors that would contain information concerning how to avoid being victimized, and include the contact numbers and Websites for the Delaware Helpline and Senior Victim Advocates Program as well as 1-800-VICTIM1;

  4. Efforts should be made to expand the availability of volunteer initiatives geared towards reducing the isolation and loneliness of seniors and increasing the identification of senior crime victims, which efforts should include:

    • Encouraging faith-based and community groups to organize "friendly visiting" programs for elderly crime victims who are incapable of leaving their homes or who reside in nursing homes;

    • Encouraging churches, schools, and community organizations to develop "Adopt-A-Senior" programs.

  5. Efforts should be made to reduce incidents of senior victimization by family members and other caregivers by expanding the availability and variety of support groups for full-time caregivers of elderly persons, which efforts might include encouraging faith-based and community groups to organize "respite" programs for full-time caregivers of elderly persons;

Improving the Accessibility of Services for Senior Crime Victims

Issue

Services for senior crime victims in Delaware are under-utilized and that may be because elderly victims are not aware of the availability of these resources to assist them in coping with their victimization.

Commentary

As a first step in its deliberations, the Task Force sought to compile a list of services for senior crime victims in Delaware. The Task Force found that an impressive array of public and private agencies and organizations in Delaware are engaged in providing services and other resources for senior crime victims [2]. However, several Task Force members, who represent agencies and organizations who provided services for, or work directly with, senior citizens asserted that many services for senior crime victims are under-utilized. These Task Force members expressed the belief that many senior crime victims are not receiving the services that they need because they either are not aware of the existence of, or do not know how to access, these resources. Based upon these observations, the Task Force concluded that steps must be taken to enhance senior crime victims’ access to services that can assist them in coping with their victimization.

The Task Force recommends:

  1. The database of the Delaware Helpline should be expanded to include information concerning services for senior crime victims;

  2. Existing strategies for distributing information concerning services for senior crime victims should be assessed, and appropriate steps taken to improve seniors’ access to this information;

  3. The scope of the Guide to Services for Older Delawareans, published by the Delaware Division of Services for Aging and Adults with Physical Disabilities, should be expanded to include a more complete list of agencies and organizations that provide services to senior crime victims in the state, and more extensive descriptions of the services offered by each resource included in the directory;


[2] See Appendix D, List of Services and Other Resources in Delaware For Senior Crime Victims.


Enhancing the Delivery of Services to Senior Crime Victims

Issue

Agencies, organizations, and individuals which provide services to the elderly must have the necessary knowledge, capacities, and skills to carry out their responsibilities.

Commentary

The Task Force observed that agencies and organizations that provide services for senior crime victims oftentimes are plagued by insufficient financial support and inadequate qualified staff. Accordingly, some programs may not be able to provide the services and resources that they advertise. Moreover, many programs have difficulty providing their services to senior crime victims who do not speak, or have difficulty communicating in, English. The Task Force asserted that it is important that information concerning agencies and organizations that serve senior crime victims accurately describe the services and resources that these agencies and organizations actually provide. In addition, the Task Force underscored the need to adequately fund and staff services for senior crime victims, and to take steps to ensure that these services are available and accessible to any senior crime victim in Delaware who may be in need of support and assistance.

The Task Force recommends:

  1. Agencies and organizations that provide services to senior crime victims should be encouraged to take steps to ensure that information that has been provided for inclusion in the Delaware Helpline’s database is reviewed regularly for currency, completeness, and accuracy;

  2. The Delaware Helpline should be encouraged to formalize information and referral protocols, to include:

    • A protocol for validating that information listed in its database concerning agencies and organizations that provide services for senior crime victims is current, accurate, and valid;

    • A protocol and mechanism for following up on class for service from senior crime victims to determine whether callers are receiving the services that they requested.

  3. Efforts to reduce the financial exploitation of senior citizens should include the development of training programs and educational materials to instruct prospective guardians and attorneys-in-fact in their fiduciary and other obligations;

  4. Efforts should be made to enhance the availability and accessibility of crime victim services to elderly Hispanic citizens, which efforts should include:

    • Increasing the availability of culturally sensitive direct services for elderly Hispanic citizens;

    • Encouraging agencies to make victim services information available in Spanish, as well as in English;

    • Increasing Spanish-speaking staff in existing agencies and organizations that provide services to the elderly.

  5. Initiatives to identify and address senior crime victim service needs and priorities in Delaware should involve active constituency participation from the senior community.

Issue

Coordination, cooperation, and communication should be increased among agencies and organizations that handle cases involving, and provide services to, senior crime victims.

Commentary

The Task Force expressed concern that agencies and organizations that provide services to senior crime victims do not coordinate with one another in their respective efforts to develop strategies to address these victims’ service needs, or routinely communicate and cooperate on an interagency basis in the delivery of services to that constituency. The lack of coordination, cooperation, and communication among service providers can lead to costly and inefficient duplication and overlap in the development of services. Moreover, the efficacy of assistance and support provided to individual senior crime victims may be undermined when two or more service providers that are involved with the same victim do not communicate concerning their interactions with that victim.

The Task Force recommends:

  1. Quarterly meetings of agencies and organizations that comprise the Task Force or otherwise provide services to senior crime victims should be held to encourage and facilitate regular communication, coordinate, and cooperation among service providers on such topics as:

    • Exploring prevention strategies;

    • Assessing case management strategies;

    • Developing strategies for resolving problems and issues concerning the delivery of services to senior victims.

  2. Options should be examined for creating an interagency, interdisciplinary mechanism for reviewing and managing cases involving the victimization of senior citizens, which mechanism’s functions would include:

    • Reviewing case management and processing protocols and procedures;

    • Establishing protocols for the regular review of individual cases, which reviews would encompass:

      • case management strategies;

      • service-related recommendations;

      • outcomes of service delivery.

  3. Delaware should to build upon the strengths of interdisciplinary community-oriented collaborations which bring together law enforcement officials, Delaware Justice Department officials, and senior advocates to develop and implement strategies to address the problem of senior crime victimization.

  4. A survey and a protocol should be developed that could be used by hospital officials in assessing incidents involving the suspected abuse or sexual assault of a senior citizen, and that would produce information to guide law enforcement and social services agencies’ management of specific cases.

Issue

Senior citizens should be protected from victimization by caregivers, guardians, persons designated to transact business for elderly principals, financial services providers, and businesses, including telemarketers and contractors.

Commentary

The Task Force observed that older Delawareans, in particular, those senior citizens incapacitated by physical or mental disabilities, may be especially vulnerable to victimization or exploitation by family members, caregivers, and unscrupulous contractors, home service maintenance personnel, and personal financial services providers. These crimes are particularly difficult to detect, the Task Force noted, and oftentimes are not reported by their victims, who may be reluctant, unable or too embarrassed to contact the police. Moreover, such incidents may be most emotionally damaging and impose the greatest hardship on their victims. Putting safeguards in place, therefore, to prevent such crimes from occurring, is an important component of any plan to address this issue.

The Task Force recommends:

  1. Unions and professional associations representing contractors, heating and air conditioning service personnel, and other home improvement and maintenance service providers should be encouraged to develop professional standards of conduct and training programs to inform these service providers’ interactions with the elderly;

  2. Steps should be taken to increase oversight of the activities of guardians on behalf of seniors, which steps might include:

    • Increasing the enforcement of the state statutory requirement that guardians report annually on financial transactions undertaken on behalf of seniors;

    • Collaborating with the Delaware Bar Association and the Delaware Court of Chancery to create a mechanism for reviewing reports submitted by guardians for possible instances of misuse or misappropriation of seniors’ financial resources and property;

    • Exploring the possibility of adapting, for implementation in Delaware, the American Association of Retired Persons’ "Volunteer Guardianship Monitoring Program," under which court-certified volunteers review guardianship reports for possible misuse or misappropriation of the financial and other resources of elderly wards.

  3. The Adult Abuse Registry should be expanded to encompass information concerning in-home health aides who are convicted of crimes against seniors;

  4. Protocols and procedures should be developed for following up on individuals who are listed in the Adult Abuse Registry to ensure that they do not secure positions in the home healthcare field;

  5. Steps should be taken to improve health care professionals’ awareness of the provisions of the Advanced Health Care Directives, which steps should include developing educational programs and materials concerning obligations and responsibilities under the Directives.


Investigating Crimes Against Seniors

Issue

Policies and protocols should be developed to guide police officers in responding to and handling initial encounters with elderly crime victims. In addition, police officers should receive basic and on-going specialized training to assist them in properly assessing emergency situations that they may encounter involving senior citizens. Police agencies should consider expanding the capacities of existing intra-agency crime victims units to meet the specialized needs of senior crime victims. Finally, linkages should be established between police agencies and agencies and organizations that provide services to senior crime victims to ensure both that police officers have ready access to resources, including professionals experienced in working with senior citizens, to assist them in assessing situations involving senior citizens.

Commentary

Most citizens’ first instincts when confronted with crisis or emergency situations is to contact the police. The Task Force observed that police officers, therefore, oftentimes are the "first responders" to emergency class made by, or concerning, senior citizens. Whether the caller is reporting a suspected crime, a medical emergency, or is unable to clearly articulate or explain the reason for the call, the responding officer will be required to make a field assessment of, and intervene in, the situation quickly. Making an accurate assessment of the situation may be particularly difficult when a call for assistance involves the possible victimization, exploitation, abuse, or neglect of a senior citizen. A police officer may suspect, for example, that a senior citizen who has sustained a physical injury has been the victim of abuse by a caretaker or family member. A senior citizen who is incapacitated by mental or physical disabilities may be unable to explain the events that precipitated the call for assistance. In other circumstances, the senior who has been injured, in fact, may claim that the injury was inflicted by a family member, while the attendant family member disputes that claim. The responding officer may find himself or herself in a situation wherein he or she is uncertain how to proceed or where to turn for assistance in determining whether the injury was the result of abuse.

The Task Force Recommends:

  1. A statewide policy and protocol to inform police officers’ handling of cases involving the suspected abuse, neglect or exploitation of an elderly person should be developed and submitted to the Delaware Police Chiefs Council for review and endorsement; [3]

  2. Police organizations that operate domestic violence units should be encouraged to consider designating one member of their respective units to specialize in the handling of cases involving senior victims of crimes;

  3. Police agencies should be encouraged to consider creating a position of "special assignments officer," patterned after the school resource officer, to engage in outreach and to senior citizens and organizations and agencies within the community that provide services for the elderly;

  4. Elder abuse training should be included as a mandatory component of the basic training curricula that police recruits receive at any Delaware Law Enforcement Training Academy;

  5. Consideration should be given to requiring police officers to participate in in-service training concerning the handling and investigation of crimes against the elderly.


[3] See Appendix G: Draft of the Newport Police Department Senior Victim Policy.



Prosecuting Crimes Against Seniors

Issue

The Delaware Department of Justice should explore opportunities for building up its achievements to date in serving senior crime victims by improving the processing of cases involving senior crime victims and expanding the availability of victim assistance and support to this constituency.

Commentary

The Task Force noted that under the Delaware Department of Justice’s existing protocols and procedures for prosecuting cases, several units within that agency are involved in prosecuting cases involving the abuse and neglect of senior citizens. For example, the Department’s Fraud Division, Consumer Protection Unit, and Medicaid Fraud Unit all handle cases involving crimes against seniors. The Task Force concluded that consolidation of all cases involving crimes against seniors under the authority of a single unit within the Department would facilitate the development of special skills in handling, and improve the overall prosecution, of cases involving crimes against seniors. Moreover, senior crime victims whose cases are to be prosecuted may be intimidated by the legal process, and have difficulty understanding that process and what will be expected of them in the course of the prosecution of their cases. The Task Force asserted that senior crime victims need guidance and support in navigating the criminal justice process. The Task Force suggested that the Department of Justice expand its Senior Advocate Program. Finally, the Task Force expressed concern that senior crime victims who reside in nursing homes may not be receiving the assistance and support that they need in the aftermath of their victimization. The Task Force concluded that the scope of the Department of Justice’s Senior Advocate Program should be expanded to encompass these senior crime victims.

The Task Force recommends:

  1. The Delaware Attorney General should designate and specially train, specified Deputy Attorneys General to handle cases involving abuse and neglect of elderly persons for the Delaware Department of Justice.

  2. The corps of senior peer advocates in the Delaware Attorney General’s Office’s Senior Victim Advocates Program should be expanded;

  3. Certain Senior Victim Advocates from the Delaware Attorney General’s Office should be assigned to provide assistance, support, guidance, and services to senior crime victims who reside in nursing homes.


Providing Penalties for the Abuse, Neglect or Exploitation of the Elderly

Issue

Persons who commit crimes against senior citizens in Delaware are not subject to sufficiently severe sanctions under existing laws.

Commentary

The Task Force stated that senior crime victims comprise a special population of crime victims under Delaware state law. Accordingly, the victimization of a senior citizen carries enhanced penalties for the perpetrators of these crimes. The Task Force concluded, however, that the Delaware Code should be amended, as follows, to clarify and expand the crimes for which enhances penalties may be imposed in cases involving elderly victims.

The Task Force recommends:

  1. Relevant sections of Titles 11 and 30 of the Delaware Code should be amended to conform the age criterion that triggers enhanced penalties for crimes committed against the elderly to provide that an elderly person is anyone of the age of 62 or older;

  2. The Delaware Code should be amended to enhance penalties for crimes involving the victimization of the elderly. These statutory amendments should include:

    • Amending Title 11 of the Delaware Code to expand the crimes for which enhanced penalties may be imposed in cases involving elderly victims to include assault, first and second degree; terroristic threatening; burglary, first and second degree; robbery, first degree; carjacking, first degree; theft; extortion; home improvement fraud; unlawful use of a credit card; menacing and sexual assault of elderly persons;

    • Establishing criminal penalties to sanction guardians and legal agents (attorneys in fact under powers of attorney) who intentionally abuse their fiduciary responsibilities to care for the person and/or property of an elderly ward by amending Title 11 of the Delaware Code to include in the definition of theft any fraudulent conversions by guardians or attorneys-in-fact under powers of attorney of the property belonging to their principals.

Educating the Public Concerning Senior Crime Victimization

Issue

The public, including senior citizens, lack sufficient knowledge and understanding of the problem of senior victimization.

Commentary

Efforts to focus statewide attention on the problem of senior victimization are inhibited by citizens’ lack of awareness of that problem. Moreover, senior citizens themselves may be unaware of factors and conditions that may increase their vulnerability to victimization. The Task Force believes that citizens, including the elderly, must be full partners in the development and implementation of strategies to reduce and address crimes against senior citizens. Furthermore, the Task Force asserted that increasing public awareness of the problem of senior victimization is an important step in mounting and sustaining initiatives to intervene in senior victimization.

The Task Force recommends:

  1. A comprehensive program should be developed to educate the public on the problems of abuse, neglect, and exploitation of the elderly, which program would include information concerning recognizing forms, signs, and symptoms of senior victimization; understanding the causes of victimization; preventing victimization; reporting suspected victimization; and accessing services for senior crime victims;

  2. Consumer outreach initiatives should be developed to raise senior citizens’ awareness of personal safety and security issues, and to educate them on how to protect themselves from being victimized. These educational outreach initiatives might include:

    • Topical public seminars on preventing fraud and financial exploitation;

    • A consumer hotline that seniors can access for information concerning laws, regulations, predatory lending practices, and prevalent scams to defraud the elderly that they should be aware of, and take into consideration, in entering into contractual agreements with financial service providers, such as personal financial advisors, and home service providers, such as building contractors, maintenance and repair companies; and lawn care and landscaping services;

    • A speakers bureau comprised of volunteers from law enforcement agencies, victim services organizations, and agencies and organizations that work with the elderly, that would respond to invitations from membership and service organizations of senior citizens and professional and community groups for presentations on topics relating to preventing the elder abuse, neglect, and exploitation;

    • Brochures and posters that can be made available in banks, credit unions, and other financial institutions; supermarkets and shopping malls; senior centers, libraries, and other public buildings to:

      • provide seniors information to help them avoid becoming the victims of predatory lending practices and prevalent scams to defraud the elderly; and,

      • inform senior citizens of their rights under law and to how to access assistance if they suspect that these rights are being violated.

    • Brochures and educational programs to inform seniors concerning procedures to revoke or change a power of attorney, and issues and factors that seniors should take into consideration in determining whether to pursue power of attorney alternatives, such as adding family members to bank accounts.

  3. Efforts should be enhanced to encourage employers to adopt and implement personnel policies that are supportive of, and permit flexible scheduling for, workers who are full-time caregivers of elderly persons;

  4. The media should be encouraged to cover the prosecution of cases involving senior crime victims.


APPENDICES

  1. List Of The Members Of The Delaware Attorney
    General’s Task Force On Senior Victims

  2. List Of The Subcommittees Of The Delaware Attorney
    General’s Task Force On Senior Victims

  3. List of Services And Other Resources In Delaware
    For Senior Crime Victims

  4. Proposed Amendments To Title 11 Of The
    Delaware Code

  5. Proposed Amendments To Title 10 Of The
    Delaware Code

  6. Draft Of The Model Police Department Senior
    Victim Policy

  7. About The Clearinghouse On Abuse And Neglect
    Of The Elderly At The University Of Delaware

  8. About The Delaware Department Of Justice Medicaid Fraud Control Unit

  9. About The Delaware Department Of Justice Medicaid Fraud Control Unit, Patient Abuse Unit – Nursing Home Staff Training Curriculum

  10. lder Abuse Protocol For Medical Facilities

 


APPENDIX A: LIST OF THE MEMBERS OF THE DELAWARE
ATTORNEY GENERAL’S TASK FORCE ON
SENIOR VICTIMS


LIST OF MEMBERS OF THE
DELAWARE ATTORNEY GENERAL’S TASK FORCE ON SENIOR VICTIMS

M. Jane Brady, Attorney General, Chair
Gary Alderson, Esq. - Deputy Attorney General, Delaware Department of Justice
Vickie Artis - Adult Protective Services Administrator, DHSS
Francis Babiarz - Deputy Bank Commissioner for Supervisory Affairs
Office of the Delaware State Bank Commissioner
Sue Bardsley, - RN Christiana Care Health Systems
Shirlynn Barne - Milford Manor Nursing Home
Timothy Barron, Esq. - Director, Medicaid Fraud Control Unit, Delaware Department of Justice
Robert Bonniwell - Modern Maturity Center, Dover, Delaware
Kathryn Bunville, Esq. - Deputy Attorney General, Delaware Department of Justice
Leo Burns, MD - Emergency Medical Services, Christiana Care Health Systems
Richard Callery, MD - Chief Medical Examiner, Director, Forensic Sciences Laboratory, DE Department of Health & Social Services
Michael Capriglione - Chief of Police, Town of Newport, DE
Patricia Curtin, MD - Chief of Geriatric Medicine, Christiana Care Health Systems
Jennifer DeJesus Coordinator, - Senior Advocate Program, DE Department of Justice
Carlos de los Ramos - Latin American Community Center
David Ferry, Esq. - Attorney at Law
Christine Frystacki Director (former), - Services for Aging/Adults with Physical Disabilities
Polli Funk - Delaware Coalition Against Domestic Violence
Robert Glen - Delaware State Bank Commissioner
Richard Harper - Sussex County Senior Services, CHEER
Timothy Hoyle - Delaware Department of Health & Social Services
Richard Johnson - President, Delaware Chapter, AARP
Mariann Kenville-Moore Director, - Victims & Witness Services, DE Department of Justice
Kathleen Keuski - Meals on Wheels, Sussex County, DE
Richard Kiger, Esq. - Chief Deputy, New Castle County Register of Wills
Carolee Kunz, Esq. - Director, Services for Aging & Adults with Physical Disabilities
Thomas Murray DE - Division of Long Term Care Resident Protection
Howard Rubinstein, MD - Director of Emergency Medicine, St. Francis Hospital, Wilmington, DE
Olha Rybakoff - Senior Advocate
Olha Rybakoff, Esq. - Director, Consumer Protection Unit, DE Department of Justice
Gregory Sacco Director, - Fraud Prevention Bureau, DE Department of Insurance
David Simpson, MD - Christiana Care Outpatient Geriatric Assessment Program
Philip Soule Medicaid Director, DE - Department of Health & Social Services
Gerard Spadaccini - Deputy Principal Assistant, Delaware Medical Examiner’s Office
Karen Stein, PhD. - Coordinator, Clearinghouse on Abuse & Neglect of the Elderly,
University of Delaware
Dawn Thompson - Delaware Department of Justice
Ruth Townsend - Investigator, Medicaid Fraud Control Unit, DE Department of Justice
Robin Williams - Bruner Public Guardian

APPENDIX B: LIST OF THE SUBCOMMITTEES OF THE DELAWARE
ATTORNEY GENERAL’S TASK FORCE ON
SENIOR VICTIMS

LIST OF THE SUBCOMMITTEES OF THE
DELAWARE ATTORNEY GENERAL’S TASK FORCE ON SENIOR VICTIMS

Elder Abuse Prevention
Christine Frystacki, Chair
Colleen Anderson, Esq.
Bill Clark
Carolee Kunz, Esq.
Katie McMillan
Olha Rybakoff
Olha Rybakoff, Esq.

Financial Fraud
Robert Glen, Chair
Francis Babiarz
David Bakerian
Howard Jester
James Ropp, Esq.
Gregory Sacco
Hon. Carl Schnee
Michael Undorf, Esq.

Law Enforcement
Chief Michael Capriglione, Chair
Chief Richard Baldwin
Dr. Leo Burns
John Miller
Chief William Topping

Legislative
Timothy Barron, Esq., Chair
Kathryn Bunville, Esq.
David Ferry, Esq.
Richard Kiger, Esq.
Medical Services
Dr. Leo Burns, Chair
Sue Bardsley, RN
Dr. Patricia Curtin
Dr. Howard Rubinstein
Dr. David Simpson

Physical Abuse
Vickie Artis, Chair
Gary Alderson, Esq.
Dr. Leo Burns
Dr. Richard Callery
Polli Funk
Gerard Spadaccini
Ruth Townsend

Residential Services
Thomas Murray, Chair
Timothy Hoyle
John Miller
Steve Tanzer

Resources
Robin Williams-Bruner, Chair
Vickie Artis
Jennifer DeJesus
Carlos de los Ramos
Mariann Kenville-Moore
Richard Harper
Richard Kiger, Esq.
Richard Johnson
Dr. Karen Stein

 

APPENDIX C: LIST OF SERVICES AND OTHER RESOURCES IN DELAWARE FOR SENIOR CRIME VICTIMS

Alzheimer’s Disease

Alzheimer Association:
NC 633-4420
K/S 1 (800) 219-7666
Contact – Delaware, Inc.: 1 (800) 262-9800

Alzheimer’s Day Treatment Program,
Evergreen Center: NC 995-8448
K/S 422-1575

Delaware Elwyn:
NC 658-8860


Death and Bereavement

Compassionate Care Hospice of Delaware:
NC 683-1000
K/S 1 (800) 219-0092

Delaware Hospice, Inc.: NC 478-5707
K 678-4444
S 856-7717
Statewide………………… 1 (888) 838-9800

Oncology Care: NC 455-1500

Visiting Nurse Association K 424-4801
S 855-9700
Statewide………………… 1 (888) 862-0001


Employment Counseling and Job Training

Senior Employment Programs – 55+:
Wilmington Senior Center: NC 651-3440

Modern Maturity Center: K 734-1200

First State Community Action: S 856-7761


Financial Assistance – Emergency


Catholic Charities: NC 654-6473
K 674-4016
S 684-8694

Delaware Helpline: 1 (800) 464-4357
Information and referral only

Salvation Army: NC 656-1667
K 678-9551
S 628-2020

Financial Counseling

Consumer Credit Counseling Service: NC 996-9004
Debt management 1 (800) 642-2227
K 672-7772

Delaware Cooperative Extension: NC 831-1239
Budget counseling K 697-4000
S 856-7303

Delaware Money Management Program: 1 (800) 223-9074
Statewide (for seniors and disabled)

Interfaith Housing: NC 995-7428
K 424-4650


Health Insurance Matters

ELDERinfo:
1 (800) 336-9555
Health insurance counseling for
K 739-6266
people with Medicare

Consumer Services:
1 (800) 282-8611
Automobile and homeowners insurance K 739-4251

Fraud Prevention:
1 (800) 632-5154
Insurance Fraud K 739-4257


Homemaker/Home Health Care Services

Cheer Home Services:
S 856-5187

Division of Services for the Aging and
Adults with Physical Disabilities:
NC 453-3820
1 (800) 223-9074
K/S 422-1386

Generations Home Care:
NC 658-6731
Statewide………….. 1-888-810-5422

Home Health Care Corp.:
NC 738-9756
K 697-7125

Christina Care Visiting Nurse Association:
Statewide…………. 1 (888) 862-0001




Housing Info