
Elder Abuse
Season 2024 Episode 1009 | 28m 3sVideo has Closed Captions
Guest: Troy Kiefer (Attorney). LIFE Ahead on Wednesdays at 7:30pm.
Guest: Troy Kiefer (Attorney). LIFE Ahead on Wednesdays at 7:30pm. LIFE Ahead is this area’s only weekly call-in resource devoted to offering an interactive news & discussion forum for adults. Hosted by veteran broadcaster Sandy Thomson.
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LIFE Ahead is a local public television program presented by PBS Fort Wayne
Beers Mallers Attorney at Law

Elder Abuse
Season 2024 Episode 1009 | 28m 3sVideo has Closed Captions
Guest: Troy Kiefer (Attorney). LIFE Ahead on Wednesdays at 7:30pm. LIFE Ahead is this area’s only weekly call-in resource devoted to offering an interactive news & discussion forum for adults. Hosted by veteran broadcaster Sandy Thomson.
Problems playing video? | Closed Captioning Feedback
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>> Good evening.
I'm S.E.
Thompson.
The host of Life Ahead our show here tonight and I want to invite you to stay with us here for the next half hour.
Not even any commercials but we have an amazing topic.
We have never in all the years that I've been doing this address this topic.
But it's something that I think is very important for you to be aware of .
I have an attorney here with us tonight.
We're going to be talking about elder abuse, whether it's in your family or a neighbor or somewhere else church somewhere where you might notice something.
We're going to tell you what you can do about that and what are some things that you should look for .
Well, if you've watched us regularly you know this young man.
This is Troy Kiffer Troy.
Nice to have you with us again.
You were here a couple of weeks ago and I was really excited about this topic.
Troy, when you approached us with that again I think very important and we're going to be taking your questions as well at your show.
>> By the way, I just sit here and ask a few questions and you call us (969) 27 twenty is our phone number (969) 27 twenty .
All right, let's start out Troy by talking about the most common forms of elder abuse.
>> I know they go all over the board but what are the most common would you say?
Yeah, you're right.
They're all over the board and you know, this is a very important topic and so I really hope to get as much information out as possible.
>> So some of the most common forms of course physical abuse I mean that's the one that immediately comes to mind for financial abuse and exploitation.
So taking advantage of an elderly person of income or their savings neglect actually.
>> OK, that's that's abuse isn't it?
>> Oh absolutely.
Yeah yeah.
If you are meant to be taking care of someone who is elderly.
Yeah.
And you don't do that and as a result their their health goes down or or they're living in very poor conditions that is certainly abuse as well.
>> OK let's let's go back to physical abuse which we mentioned is is one of the most common forms.
How can you recognize physical abuse if you're maybe at Thanksgiving dinner or something with relatives you haven't seen for a long time or you're visiting grandma at the nursing home?
>> What should you look for ?
Well, I think the first indicators and I think it's probably common with all forms of elder abuse would be change in personality, change in demeanor.
If an elderly person who is previously very boisterous or outgoing becomes withdrawn, focuses you know, seems meek or timid when that's normally not their personality, that that's big tell.
>> And of course with financial abuse or excuse me with physical abuse you're going to be looking for bruises and sores, even broken bones.
>> Oh, this makes me sad to think of it.
Yeah.
You're talking about difference in demeanor.
If they've experienced physical abuse they might be very timid and show that to you physically.
I mean away if somebody tries to touch them or something, it's like wonder what that's about.
>> Yes, absolutely.
And I mean it can even rise to the level of having PTSD TD Well post-traumatic or PTSD post-traumatic stress disorder just like anyone could in an abusive situation.
And what's so sad about it and why I find this topic so particulaly important is these folks are facing some very difficult times, probably the most difficult times in their entire lives I would think when they are least able to handle it because they are older, they're they're less able to physically protect themselves maybe mentally they're starting to have a little decline and they feel like maybe they're relying on their abuser if if they speak up and tell their abuser report their abuser, well who's going to take care of them at all then?
>> So so they could be afraid of the abuser not just for the abuse but what might happen if they do report it you're saying exactly.
>> Wow.
Yes.
Yeah.
This is just so hard.
You know, when I think about people being abused, what type of situations would you say boy are these a lot of abuse cases in the home with the people at home or in a nursing home or or where are they the most common?
>> Yeah, well I have not seen the statistics but physical abuse is primarily by family members.
>> All right.
So it typically happens within the home.
>> Financial abuse of course is a little bit different but home would be the primar area to to watch out for .
>> OK, all right.
That makes sense.
We have a phone call.
Anthony , thank you so much for watching us here on LIFE Ahead.
What's your question, Anthony , for Detroit tonight?
>> I was just wondering it seems like a lot of nursing homes of staff they go in and they act all friendly and smile but behind closed doors they're treating the people badly.
The elderly people can't really fight themselves and it's just what can they do to make sure that the workers treat them fair?
You know, I've seen a lot of those elderly just get intimidated and deep down and then they're scared to say anything.
>> All right.
Thanks.
Thank you, Anthony .
And I appreciate that question.
I think a lot of people are wondering the same thing I've heard that mentioned before.
How would you know if someone's being abused in a nursing home and what can you do if your aunt or grandmother whomever is the one there that you think is being abused?
>> What can you do?
Yeah, well that's a very good question, Anthony .
There are a couple of things that can be done.
OK, so first ball there is an ombudsman program and there I don't you just search the Internet for that.
>> They they are tasked with looking into those types of situations and guiding people who believe they've been abused in a nursing home or long term care.
>> Right.
Whether it's physical or financial or anything an ombudsman in my understanding is they're not on anybody's side.
They're not nursing home side.
They're on the side of the patient.
They're trying to find out what's going on and you know, investigate right there an advocate for the patient and they want to find the truth.
Yeah.
And of course they're not like an attorney where they're going to, you know, aggressively advocate for someone but they're going to honestly investigate and then determine yeah, they have some authority to to look into the situation and determine if any change actually.
>> Right.
You know, I'm just thinking I think we talked about this once on on the air and I believe that nursing homes are required to list the name and phone number of their ombudsman.
I get the main desk or receptionit or someplace.
So yeah, you can get access to that if you ask.
>> Yes, absolutely.
And and they are required to give them access then to the facility to talk to residents.
>> There is an agency called Adult Protective Services and we're going to talk about that a little bit here.
But I want you to get a pencil out because we're going to give you their phone number where you can report things as well.
What is the Adult Protective Service?
Try adult protective services created by Indiana statute.
>> OK and their whole goal is to investigate elder abuse.
>> Oh OK.
They they work out of county prosecutor offices and they are broken up into different units throughout the state here in Allen County Adult Protective Services of course covers Allen County and the surrounding counties.
>> Is there an office here in Fort Wayne ?
Yes, they're in with the prosecutor's office.
Oh OK. And and they serve Allen County and surrounding county as you say.
>> Right.
OK, more or less I don't have the exact geographic area but more or less around Allen County then it's a good beginning a good beginning of where to look.
Let me show you that phone number it's one 800 by the way one 800 nine nine two six nine seven eight and I'll give you that number again here in just a little while.
>> Can they do anything once you've reported something Adult Protective Services do you know what I think the first thing to remember about Adult Protective Services is they are not a first responder agency.
>> Oh, OK. Like the police or the fire department.
So if there is an immediate danger someone's being abused, they're immediately hurt or need medical attention then calling 911 one would be the first thing.
>> OK, however, if you suspect abuse you have some reason to think something is going on and it's not in immediate danger then adult protective services would be the first place to call.
>> You could also contact a police agency OK and they could reach out to Adult Protective Services as well for you.
>> I'm curious about this because I think some people would want to know can you report somebody anonymously?
>> I mean say you're suspecting there's some abuse going on next door, you know, in house next door but you don't want them to know you've reported to them.
Can you do that?
>> Do you know?
Well, that that's a good question and I don't 100 percent know the answer to that.
>> I suspect that you can.
>> The Indiana state law is a must report law.
So in Indiana if you know of abuse or you even suspect abuse by law you're required to notify either the police or adult protective Service.
>> OK, all right.
And if you don't do that there there is a criminal penalty associated with that.
>> It's the person that's not reporting it, right?
Oh, right.
Also a reason to be on top of yeah.
>> A Class B misdemeanor could be a year in jail and wow.
A thousand dollars fine.
>> So it everybody's on the phone right now but I think Roy you know what I want to go back to Troy because I think it's really an important excuse me is financial abuse I've heard that happens a lot and what I've heard you correct me if I'm wrong is that if somebody has dementia, Alzheimer's or something and they're having a little difficulty processing things or or keeping their finances, somebody might take advantage of them.
>> Is that true?
Oh, absolutely.
And this is probably the type of abuse that I run into most often.
>> Oh really?
Just in my particular field and it's really probably the most diverse of the types of abuse in elderly person can suffer No one because they are very vulnerable to people, family members who have direct access to them, access to their bank accounts, access to their assets.
But in addition to that in this information age anyone could easily call up an elderly person, befriend them, get their confidence and request money and that's where you hear stories of people, elderly people going into banks and withdrawing tens of thousands of dollars and wiring those things to people overseas.
>> Even now it happens all the time and in my experience banks are very good at recognizing financing that and they will put applied the brakes to that a little bit if they suspect and call somebody in the family or whatever to say hey, could this possibly be true kind of thing?
Well, and we've had Better Business Bureau here before and they've they've talked about the huge number of scams that elderly people are subjected to and again, I think a lot of it goes back to a decade or a couple of decades ago we grew up trusting everybody.
So if somebody calls you and I got a call the other day I won forty three million dollars.
Oh, congratulate in a sweepstakes and they gave me the claim no I think I had to give my Social Security my mother's maiden name just a few little things like that minor details.
>> Yeah but they were most congratulatory I'm sure.
>> No yeah but you know somebody might believe that.
>> Yeah and then what do you do what what recourse do you have in those cases.
>> Unfortunately it's very difficult to recover those funds.
No one usually the person once they figured out they've been scammed they're very embarrassed by that.
Sure.
So they're not likely to report it or even tell family members.
But the best thing to do would be to notify the police department, the sheriff's department and let them know but in Better Business Bureau because they do I think put out on their website maybe the police do too.
What are I see on Facebok sometimes some of the popular most common scams that they're alerting people to be aware of , you know, like phone calls from the IRS that say you still such and such money and send it here.
The IRS does not call you by the way, but they'll alert people to possible scams going around.
>> Yeah.
And you know what I also see is a driver of this is just loneliness.
>> Oh, you know what a widow or widower has all day to sit at home and think and they get somebody contact them through the Internet or the telephone and just contacting them makes them feel good and they want to do something nice for that person.
So if they ask for money they're more likely to to provide that.
>> So it's a real problem and the scammers know that they& know exactly what words to use how to get to you emotionally.
>> Um, I'll try another scam I guess maybe I'm just seem to be targeted, you know, apparently I am this is several years ago but it was so funny the phone ang and I didn't recognize e number but for some reason I answered it usually I don't if I don't know the number and some like young man voice said Grandma and well to begin with I have two grandchildren.
>> Neither call me grandma, they call me grandma.
So right there I was like OK, let's see what this is about.
So I just played along and I said Yeah, what's up?
>> And he said I need your help and I said Well which grandchild are you?
>> And again I up to one's a boy.
>> One's a girl.
And he said I'm the grandson and I said Oh OK, which one?
>> And he said The oldest one.
Oh OK. All right.
And I said Oh well how can I how can I help you?
And he said Well I'm at the police station.
I made a mistake and I don't know what they said he did but he needed ten thousand dollars by five o'clock to get out of jail.
>> Please help me Grandma, you know and I said Well I just can't do that.
You know I love you but I just can't I can't do that.
And he said Just a minute and about thirty seconds went by and he said Well I just talked to them and they said if you give me twenty five hundred dollars they'll let me out by five o'clock a deal.
Yeah well I said I love you but I just I'm sorry I just can't do you'll have to call your other grandpa.
>> Yes OK let's talk about oh we have another phone call here.
This is from James and James says this Let me take a look here at the prompter.
James says Is there a difference between neglect and abuse?
Very good question.
No very good question.
>> James Wood.
It's the answer to that.
Roy Yeah, that is a good question.
Neglect is a form of abuse so it's one in the same and a person doesn't have to be struck or they don't have to have money stolen or to be abused.
So if a person is relying on you to provide for their day to day care, provide food, pay bills, utilities just look out for their their overall well-being and whether or not their their power of attorney or anything I mean if it's just what they're supposed to do or their families give them that responsibility.
>> Well often it's a power of attorney or guardian.
Oh OK. All right OK. Yeah so otherwise they're there under their care oftentimes it's someone who's living in the house with them.
>> What about the home health care?
>> Is that a pretty trustworthy situation we work with a lot of home health care agencies and they are all the ones that I'm familiar with are very good.
>> Yeah.
Now that doesn't mean that there can't be some bad apples and this is where technology may actually come in to help and with the way Internet cameras and security cameras are now ,it is possible to have multiple cameras in a house so the family can just keep an eye on things.
>> And of course you want to make sure that the elderly person knows about that.
You can't I wouldn't go in without them knowing because there there are privacy concerns but it is not a bad idea to have cameras and so that the the home health workers know that as well.
>> Well, a lot of people have those for like just if they're going to have babysitters.
>> So it's not an uncommon thing at all anymore and you know, I'll say or I did some work for a few years with home health care, some volunteer work and they receive extensive training, extensive training and they're vetted and I mean it's you know, pretty legitimate.
>> So I had respect for that.
>> OK, let's talk about Indiana law.
Does that just not protect people at all from elder abuse?
>> It really tries hard to I think I mentioned that there is a duty for someone if you know or even if you should know that there's abuse going on that you have to report that to Adult Protective Services or a law enforcement agency.
>> It's also good to know yeah, you have that duty but there's also a safe harbor.
So if you report that because you honestly thought that there was abuse occurring, you are from any liability civil or criminal that may arise because of your report.
>> So there really is the idea that you want people to overreport as oppose to under-report.
>> Got it.
I got and that makes a lot of sense.
I once again I'm going to give give you that phone number for Adult Protective Services and again is as Troy mentioned, if you notice any abuse, whether it's within your family or neighborhood or or assisted living, anything like that, you can report that to one 800 nine nine to six nine seven eight one eight hundred nine nine to six nine seven eight or just get on your smartphone or your computer and Google Adult Protective Services and you'll find that information.
We have a question coming in from Niland.
We'll get to that in just a second.
But I do have a question here in terms of legalities and you talked about Indiana law and whatever.
Are there some cases that are more challenging to prosecute?
>> Mm hmm.
Well and yes, and there is a particular issue with the elderly because sometimes it's difficult for them to present evidence to see what actually happened to them.
They're not always the best witnesses and sometimes they even want to protect the person that that is abusing them because once again they they may not know what's going to happen to them after you know, if that person no longer takes care of them.
>> So it is particularly difficult to prosecute what's usually the in scenario a fine jail time.
>> I mean if somebody was prosecuted well typically happens.
Well, it really depends on here but how severe the U.S. is.
Yeah, financial abuse is going to have a is defined as a certain crime and is going to have a certain penalty.
Yeah.
All the way up to physical abuse and battery and that's going to have a much different penalty and jail time as opposed to something that isn't physical.
>> Got that got OK we're Anila called in and this is kind of a specific question we'll see how we can do with this here.
Troy if an elder gets a urinary tract infection while receiving care, could that be considered an abuse or neglect that is so case specific is that I think that alone is probably not going to amount to neglect, you know, in working with a lot of elderly people.
A lot of them just get urinary tract infections as a matter of course I think you would need something else in addition to that or to support a reason why maybe.
>> Yeah, right.
Are they not being giving the proper medication?
>> Are they not getting bathed or sanitary reasons?
>> Do they not have proper facilities to use the restroom and once again are they not bathing?
Yeah so I think they would that would be one piece but I think there probably be need be a lot more to go into that.
>> Yeah I would guess so too but Nyla, thank you so much for calling with that question and I might also mention Troy talked about it earlier if you're talking about someone that might be in a nursing home or an assisted living look for the ombudsman again.
>> But OMB Yuda Yes ma'am.
>> Something like that.
Is that right, Ombudsman you can ask at the nursing home and they'll give you a name and a phone number where you can contact that person and they could do some research maybe for you in terms of the care of that person.
OK, all right.
We've talked about legal prosequi.
>> What about protective orders?
Do you find that you need to get protective orders for elders people sometimes that that does happen on occasion and those are usually cases where abuse has already been discovered and you want to make sure that if the person is not prosecuted and is not physically separated from the elderly person that they can't return and and continue that abuse.
So protective orders are an option and that is something that we assist with from time to time.
>> Yeah, OK. All right.
Well unfortunately our time is going so fast.
>> Will you come back and let's talk about this again?
Oh I would love to and I have so many questions and so to our viewers I know that we haven't gotten to you and it's such an important topic again that we've not addressed before here on our show.
So I'd like to pursue that.
>> I thank you for your information.
Oh well thank you for helping getting the word out.
All right.
And for the rest of you, watch us next Wednesday night at seven thirty.
We'll be right here with another guest and another topic and you will see Troy again talking about this topic.
I'm Sandy Thomson.
Have a great night.
Stay healthy and stay safe and

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