Reports of elder abuse are cresting as baby boomers’ parents age and their sometimes sketchy offspring and other opportunists navigate an uneasy economy – so much so that in 2006, the International Network for the Prevention of Elder Abuse and the World Health Organization at the United Nations launched World Elder Abuse Awareness Day (June 15), which seeks to highlight what law-enforcement experts say is a largely under-recognized and under-reported crime.
The
highest profile elder-abuse case in Minnesota thus far has been that of
former Maple Grove council member LeAnn Sargent, who was sentenced last
year after being convicted of a gross misdemeanor for cheating her dying father out of more than $120,000. In 2012, Dawn Kulbeik was one of the first people to be charged under a Minnesota law that made it a felony to withhold nutrition to a vulnerable adult.
That law was passed in 2012 and enforced in the Kulbeik case by Anoka County Attorney Tony Palumbo, who
has been on a mission to let the public know about the growing problem
of elder abuse in Minnesota, often comparing the crime to child abuse in
terms of both its secretive nature within families and the act of loved
ones taking advantage of vulnerable family members.
Palumbo is co-founder of Minnesota SAFE Elders, an
educational and community service group that trains social workers and
law enforcement workers in the particulars of the crime. He was also
instrumental in the founding of the Minnesota Elder Justice Center at
his alma mater, William Mitchell College of Law, which sponsors an
annual conference in conjunction with World Elder Abuse Awareness Day
(this year’s conference takes place at William Mitchell Friday, June 12;
for more information go here).
MinnPost
sat down this week with Palumbo and Assistant Anoka County Attorney
Deborah Hilstrom in Palumbo’s office at the Anoka County Attorney’s
Office to talk specifics about elder abuse, and the strides that have
been made in getting the word out on World Elder Abuse Awareness Day:
MinnPost: How prevalent is elder abuse, and what should people look for if they suspect it’s happening in their family?
Tony Palumbo:
There are three questions that professionals in the field want people
to ask when dealing with older Americans, as they call them: 1) Is
anybody taking your money without your permission? 2) Is anyone hurting
you? 3) Are you afraid of anyone? If you ask those three very simple
questions, you may gain at least a foot in the door as to what’s going
on in many a vulnerable adult’s life. I do several lectures a year, and I
lead with that.
If you think something’s going on, one of the
signs you look at is, have they quit doing something that they regularly
do? For example, attending a church group or paying their rent on time.
People of a certain age are creatures of habit, and if they’re not
doing it and there’s no particular external reason for why it’s not
happening, such as illness or a stroke or something, then those are the
three questions we ask friends or family to ask.
MP: How do you and law enforcement winnow it out? It’s a very under-reported and -prosecuted crime.
TP:
We believe that it is; again, how much crime is out there? We don’t
know until you find out. Estimates are that about $3 billion a year is
lost to financial exploitation nationally. The population is growing,
and they estimate by the year 2030, 19 percent of the population will be
65 and above, so that’s one in five. Those are the people that have all
the money, because they’ve saved and they’ve sold their houses and
they’ve got a lot of money.
MP: It’s really an
unprecedented generation, too, in terms of accrued wealth in America.
That post-war baby boom and economy led to a lot of enduring family
wealth, the likes of which may never happen again.
TP:
That’s exactly right. For the first time in our nation’s history – or
in world history, actually – the middle class has never, by any stretch
of the imagination, had that kind of money in the past. Now they do;
medicine is allowing people to live longer; as you live longer your
mental acuity begins to deteriorate, and you’re in charge of a lot of
money and your mental capacity is that of a 12-year-old. The temptation
to take advantage of somebody like that is overwhelming.
MP:
I’m sure it’s dicey because the exploitation often is being done by
family members, and you have to determine if they are actually being
taken advantage of or if it’s a case of finances being a private family
matter.
TP: We’re dealing with a case
now where a grandchild took money from a vulnerable adult who died. The
grandchild had been taking money out of the vulnerable adult’s account,
unbeknown to the rest of the estate. We’re looking at how to pursue that
case.
MP: And how does that come to you?
TP:
That one came to us because the facility who had been caring for the
grandmother made a report, because they discovered there were financial
irregularities and she had not been paying her bills.
MP: Deborah, there are plenty of cases where it’s not being perpetrated by the family, yes?
Deborah Hilstrom: Correct. We have two open cases we’re working on now where facility workers were stealing drugs from the seniors.
TP:
We have a case that’s resolved now where a person in her 60s gets power
of attorney for the elderly parent, and this person started taking
money out of her parent’s account and started giving it to her children
to the tune of $125,000; the estate believes it’s more like $250,000.
The horrible part of that one is that one of the defendant’s brothers
was in dire need of medical treatment, and didn’t get that, and passed
away and there appeared to very little remorse. That’s pretty typical:
Person gets power of attorney and starts paying the bills, and then
starts taking care of himself, and that is in violation of the law: If
you are given any fiduciary responsibility for a vulnerable adult, any
money spent must be spent on their care and nothing else.
MP: What have people been doing with the money?
DH:
Gambling, we’ve seen some gambling. In one case, [the criminal] was
trying to buy property for himself and trying to sell the vulnerable
adults’ home right from underneath them, and we stepped in and got Adult
Protection to stop the sale of the house. They would have been out.
MP: Tony, you’ve compared it to child abuse. What are the similarities?
TP:
I would say that the abuser, or the defendant, obviously doesn’t have
any regard for the victims, and they justify or try and rationalize what
they’re doing. With child abuse and physical abuse because of
discipline it’s, “He or she had it coming.” With a vulnerable adult
they’re doing it because that person has just become a pain in the neck
and they just want to get rid of them. With financial exploitation, they
justify it because they think they’re going to get the money anyway
(from the parents’ will), and they need it now so it’s not really a
crime.
DH: Also, with child abuse cases, the
person is often related and the victim doesn’t want to lose the love and
care of the person who is exploiting or taking advantage of them. They
still want to be with that person. They may not want us to intervene.
TP:
They just want the bad things to stop, but they don’t always want bad
things to happen to the person who did them to them. They just want it
to stop, and that’s very similar to child abuse cases. I’ve prosecuted
many, especially sexual abuse cases, where the young girls would want it
to stop, but they wouldn’t want to see anything bad happen to the
abuser.
When I would go speak to schools about child abuse, I’d
open with the same three questions we talked about earlier. There would
be 30 kids in a class, and as soon as I told them what my topic was,
three heads would go down. Every time. Because those three kids knew
what I was talking about. The other 27 were, “Oh my God, really?” And
these three kids who put their head down, when I said, “Are you afraid
of anyone?” and they put their head down, that’s as much as answering,
“Yes.”
MP: How many elder abuse cases are you currently working on?
DH:
Right now, I have 15 open cases and two sitting on my desk, waiting to
be reviewed. I have three cases that are awaiting sentencing.
TP:
I have some statistics: Since 2013, we’ve charged out nine felony cases
involving elder abuse; two cases involve physical injury to a
vulnerable adult; seven cases involving some sort of financial injury;
nearly a quarter of a million dollars was swindled in the course of
these seven cases, and seven of the nine suspects were family members of
the victims, and five cases are still open.
MP: You’ve been training officers for a few years now in the fight against this. What do you tell them to look for?
TP:
One of the things you look at in every elder abuse case is the
isolation that the victim is put into from anybody who has any sort of
ability to change the situation. In one situation we had, the son-in-law
stopped all his father-in-law’s mail and actually tied up his
father-in-law’s walker so the guy couldn’t leave the house and took all
his in-laws Social Security payments for himself.
MP: What are the penalties for this? It doesn’t seem like it’s enough. Probation is all these people are getting, right?
DH:
It starts out based on the amount of money you’re stealing. If it’s a
thousand dollars, you hit the felony mark and it increases from there.
But unless you have a lengthy criminal history, they are probation cases
and not typically prison cases.
MP: I’m reminded of the
Tolstoy quote, “All happy families are alike; each unhappy family is
unhappy in its own way.” Do you ruminate on the nature of families in
your work, or is it purely clinical at this point?
TP:
Anecdotally speaking, I would say the overwhelming majority of families
do the right thing and a small minority, when they don’t do the right
thing, they really don’t do the right thing. What we see, many times,
especially in the recession, would be son loses job, son gets divorced,
son moves back with mom, son takes care of mom because the rest of the
siblings are busy with their lives; mom has come to depend on son,
grants him power of attorney and then looks the other way when son
starts writing checks to himself.
And you know who turns him in?
The siblings. So what you usually have is a little bit of an
intra-family battle going on for people who feel that their mother is
not being treated fairly by this ne’er-do-well brother of theirs. And
that family sometimes goes through the entire spectrum of, “Oh just
leave him alone” to “By God, hang him” and everything in between, and
that’s reflective of families all over America, just in general.
MP:
Knowing what you know about people, what do you know about humanity?
Does it color your view about your fellow man and woman?
TP:
Greed is everywhere, and as long as we have people who always want
money, they’re going to exploit and take advantage of people. We’re
seeing the financial crimes, more than property crimes, on the rise
because it’s far more lucrative to steal money this way than it is to
rob a gas station or do a drug deal. And why not? You steal $35,000 and
only get probation or a few months in jail.
DH:
Well, what it does it shows you that there are people who report,
right? There are people who call and step in and it shows that you have
the ability to stop the bad things from happening. In one case we
stopped the purchase of a house. They were paying down their own debt to
qualify for a loan on a house and then they were going to use the
vulnerable adult’s money to make the mortgage payment. And they weren’t
sure if the vulnerable adult was going to get to live there when they
were done.