As a social worker in Blue Earth County for 23 years, Audrey Splinter can only remember one instance of abuse against an elderly or vulnerable adult that had to be reported.
A neighbor was attempting to take financial advantage of an elderly woman by buying her property at an unfairly low price.
Once the report was made, the case was turned over to the district attorney and was settled without any criminal charges.
The neighbor received no serious repercussions for his acts because until recently, crimes against elder and vulnerable adults were considered misdemeanors under Minnesota law.
Harbir Kaur, Elder Victim Services Coordinator at the Tubman Elder Care and Rights Center, said her organization was one of 52 involved in the Vulnerable Adult Justice Project, which lobbied the Minnesota State legislature to approve a bill, that would make abuse against elder or vulnerable adults a felony in the state of Minnesota.
The bill, which was supported by Governor Mark Dayton, passed earlier this month. Now those convicted of intentionally abusing elder or vulnerable adults could face a maximum penalty of 10 years in prison and a $10,000 fine.
Changing how Minnesota handles abuse cases is only one step in protecting elder and vulnerable adults. There needs to be education in place to inform these adults of their rights and how to report inappropriate behavior, as well, Kaur said.
A 1998 National Elder Abuse Incidence Study said only about one in every five cases of abuse against elder or vulnerable adults is reported. Reporting abuse can be intimidating for an elder or a vulnerable adult Kaur said.
"One of their fears is that because they're getting the care, they don't want to report abuse and risk retaliation," Kaur said. "But they're dealing with that ongoing abuse."
At times, elder and vulnerable adults are also unaware of whom to contact to report abuse.
"It's amazing. I go to the nursing homes and sometimes the resident don't know who to call if anything inappropriate is happening to them," Kaur said.
Through a grant from the Area on Aging, Kaur visits nursing homes and care facilities to educate the residents and their family members about their rights and how to report inappropriate activity. Kaur tries to empower the elder and vulnerable adults to protect themselves. Instances of abuse can be reported to a care facility ombudsman but can also be reported to family members, staff or social workers she said.
Kaur will speak at a co-sponsored Minnesota State University, Mankato and South Central College extended learning course on May 11 about the prevention of abuse and neglect of vulnerable adults. She said the more people who are educated about elder abuse would increase protection of that population.
"The wellness, the education, the laws, if they're strong then hopefully it will be prevented because everybody will know what the red flags are, what the warning signs are," Kaur said.
Jean Clarke, coordinator of continuing education at MSU, said there is no connection between the extending learning course and the new penalties for elder abuse in Minnesota, but that the topic seemed relevant for the area.
"We scheduled this course before the new legislation was passed, but it was in response to the number of cases we saw were being brought into the media in Minnesota," Clarke said. "We also felt it as important as we heard from a number of people in the community that there were issues at assisted living and nursing homes in Mankato that did not make the press."
Prevalence
According to the NCEA, there are no national statistics to track and record abuse of elder and vulnerable adults because states lack uniform reporting systems, and some define elder abuse differently.
But, estimates by Elder Assistance Daily report around 11 percent of all Minnesotans age 60 and older are victims of some form of abuse. It's "absolutely" a problem in Minnesota, Kaur said.
But as the baby boomer generation grows older, Kaur says it's hard to predict if the state will see more cases of elder abuse.
"I think there are many things to look for, like who has the power and control over another person, who is maintaining that control to abuse them, what is the motivation behind it," Kaur said.
As with the case between the elderly woman and her neighbor, Splinter said most abuse against elder and vulnerable adults that she saw in the area was financial exploitation. She also said she came across questionable cases of children taking their parent's social security checks and using the money for their own gain.
Yet, when financial exploitation and abuse is involved, "most of the times things get resolved without charges being brought." Splinter said. "It has to be really nasty to charge somebody. Usually if they're reported and a vulnerable adult worker or a lawyer gets involved there is a compromise worked out or changes made."
Financial abuse is one of the seven forms of abuse against elder and vulnerable adults according to Kaur. Other forms of abuse include physical, emotional and sexual abuse, neglect, isolation and abandonment.
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