Introduction to Part I
Thanks to growing sensitivity and awareness of victim's rights, many
issues which were once perceived as "dirty little secrets" are receiving
greater attention than ever before. Child abuse and spousal abuse are
no longer seen as family matters; rather, they are viewed as police
matters and handled within the legal system. It's true that many victims
still take much of the blame on themselves and are hesitant to fully
explore their legal rights, but for the most part, the word is getting
out that our society will not tolerate abuse, even if it does occur
within the context of a family. The sad exception to this rule is elder
abuse.
Using national research as a guide, it is estimated that there may
have been as many as 8,000 cases of elder abuse in Maine last year,
of which 84 percent went unreported. Of these cases, it is estimated
that over one-quarter involved physical abuse and almost one-third involved
financial exploitation. Some reports suggest that for every reported
incident of elder abuse or neglect, as many as fourteen go unreported.
Abuse by Family Members
Elder abuse remains largely hidden in part because seniors who experience
abuse often resist help, or are physically isolated or unable to ask
for help. One reason seniors may resist help is that they are abused
at the hands of family members. According to the National Center on
Elder Abuse, adult children are the most frequent abusers of the elderly
in domestic settings, and spouses are the second most frequent abusers.
The fact that family members are often perpetrators of abuse heightens
the fear and shame seniors feel when they are subjected to mistreatment.
The elderly are among our most vulnerable citizens, with problems frequently
involving the most fundamental needs: food, shelter and medical care.
When the abuser is a caregiving family member, and perhaps a senior's
sole lifeline to obtaining basic life necessities, it is not surprising
that the victim prefers not to seek help.
Financial Exploitation
While physical abuse and neglect are concepts which most people can
understand, financial exploitation requires a bit of explanation. A
typical example of a senior victim of financial exploitation in Maine
is a disabled nursing home resident who relies on a family member to
take care of her
financial affairs. The family member, often by means of a Durable Financial
Power of Attorney, squanders the senior's monthly Social Security checks
rather than paying the facility where she resides. After several months
the senior owes a debt of thousands of dollars to the nursing home and
faces the threat of eviction. While the victim may not have to live
with the bruises and hunger of physical abuse and neglect, she is no
less a victim.
Legal Assistance Available
To help combat not only the shame and fear associated with elder abuse
but also the financial and social stumbling blocks which may keep some
victims powerless at the hands of their abusers, Legal Services for
the Elderly (LSE) exists to give victims of elder abuse legal assistance
and much needed peace of mind they otherwise could not afford. A grant
from the Maine Bar Foundation has enabled LSE to create a half time
attorney position for two years to represent economically and socially
needy elderly Mainers in southern Maine's Androscoggin, York and Cumberland
counties who are victims of elder abuse, including physical abuse and
financial exploitation.
LSE has hired Jennifer J. Duddy, Esq., a former Assistant Attorney
General, to fill the new position of Elder Abuse Attorney. Because it
is widely accepted that elder abuse is an underreported problem veiled
in secrecy, a significant part of this position is devoted to community
outreach and public awareness.
Law Requires Reporting
The State of Maine has designated Adult Protective Services (APS),
which is a part of the Department of Human Services, to deal with the
issue of elder abuse. Although national statistics suggest that a significant
number of cases of elder abuse continue to be undetected and underreported
in the State of Maine, APS handles approximately 3,700 cases annually,
including cases of physical abuse, neglect or financial exploitation.
The cases are referred to APS through its intake unit, which received
almost 10,000 calls in 1999. Maine has a mandatory reporting law which
requires doctors, social workers, law enforcement officers and other
professionals to report suspected elder abuse to the Department of Human
Services, if they believe the victim to be incapacitated.
Legal Services for the Elderly and Adult Protective Services work together
to help seniors who have been the victims of elder abuse. The primary
mission of APS is to assist people who cannot protect themselves because
they are mentally incompetent and unable to make decisions. By contrast,
the majority of LSE's clients are competent, although they will represent
an incompetent senior as long as the client has an agent such as a legal
guardian, conservator or power of attorney. LSE frequently receives
referrals from APS.
Jennifer Duddy, LSE's new Elder Abuse and Financial Exploitation attorney,
understands the complexities of representing senior victims of abuse.
Since she started with LSE, Jennifer has represented many seniors in
cases involving financial exploitation. "The fact that none of my cases
so far have involved physical abuse tells me that I have more work to
do to increase public awareness about the services LSE offers, and to
reach people who may have lived with physical violence for thirty or
forty years or more."
Jennifer admits that one of the most difficult aspects of her job is
that her clients may choose not to take action.
"In one case I advised a client, who had lost his home at the hands
of a family member, of his legal options. He decided to do nothing.
Many people just want to know what has happened to them and what their
options are."
All services provided by Legal Services for the Elderly are free and
completely confidential. There are no financial guidelines to qualify
for assistance. LSE provides a range of services including investigation
of cases, legal advice, settlement negotiations and filing lawsuits
in court. LSE will also refer cases elsewhere if they cannot provide
assistance.
For more information about Legal Services for the Elderly or for legal
assistance, please call(800) 750-5353. To contact the Department of
Human Services, Adult Protective Services call (800) 624-8404.
