Nursing homes have a bad reputation. But not all nursing homes are bad. And all cases of neglect and abuse of the elderly don’t happen in nursing homes. In fact, many times, crimes happen at home where a relative is the caretaker or power of attorney.
A recent story in the Minneapolis Star-Tribune outlined this growing, frightening trend.
“Ninety percent of abuse cases involve family," said Carmen Castaneda, program manager of Hennepin County (Minn.) Adult Protection Services (APS). "The kids are saying, 'What's yours’ is mine and I need it now.' They are not necessarily malicious, but they are greedy. It's incredible."
The Star-Tribune reports hundreds of financial exploitation allegations of the elderly each year in Hennepin County. These allegations have increased by 116 percent since 2001, the newspaper reported. The typical allegations: spending Social Security checks; withdrawing money from accounts; having titles to properties transferred to them (“them” being a son or daughter) and tampering with beneficiary information in wills.
In addition to Hennepin, Ramsey and Washington counties reported similar trends. With the baby-boom bubble approaching retirement, how can’t the problem grow? Last year in Hennepin, 700 allegations of financial exploitation of a vulnerable adult were reported, the Star-Tribune said. Of those, 126 allegations were investigated. Sadly, less than 5 percent of investigated cases result in criminal charges filed.
Financial Abuse is Difficult to Prove in Court
APS’s Castaneda says, “It's not like a medical report where someone was sexually abused. Proving financial abuse means establishing a paper trail and involving police to subpoena bank records.”
Abuse’s fishtail can force an elderly victim from their home to a Medicaid-funded facility. Victims lose hope, fearing a child has cheated or stolen from them. If the victim has dementia, such testimony in court is unconvincing to a jury.
“Removing people from their homes isn’t the role of adult protection,” Castaneda said. “But if someone loses their home, the only option can be exactly what the victim feared -- a nursing home.”
In the case of a Brooklyn Park woman who had suffered a stroke in 2005, her son, Michael Andrewjeski, moved in to “care” for her. The mother had signed a will specifying her estate be divided equally among three children. But she later signed a “quit claim deed” that willed the house to her son, Andrewjeski. Later, investigators heard a familiar strain when they interviewed the woman -- “I didn’t understand what I signed.”
Court records verify the son opened a “joint” bank account unbeknownst to his mother. When $19,000 arrived in insurance proceeds, the check was deposited in that account. Court records also show $3,000 was withdrawn with an ATM card in 2006. Andrewjeski allegedly withdrew another $11,000 from the same account, according to the Star-Tribune.
During the prosecution of Andrewjeski, the Hennepin County District Court said the mother had been diagnosed with "mild mixed dementia" which put her at risk involving financial transactions or any other “important” decisions.
In the end, the court found Andrewjeski's guilty of “theft by swindle.” He received five years probation and will be imprisoned if he violates terms. The ruling says forbids the son to have any contact with his mother. The deed to the house also was re-established in her name only, said the Star-Tribune.
Castaneda said children of the elderly can be misguided when it comes to inheritances.
"There's a belief by some that government should pay for elderly care,” she said. “Somehow, sons and daughters believe their parents’ money is their money – that it is an inheritance right," she said.
http://www.startribune.com/local/west/15479566.html
Contact Us Today
Klemick & Gampel
1953 S.W. 27th Avenue
Miami, FL 33145
Phone: (305) 856-4577
Fax: (305) 859-9708
