Elder Abuse for Police Roll Call Trainers NYC Elder Abuse Training Project, 2004

Elder Abuse the physical, sexual, emotional or financial abuse or neglect or abandonment of an older person by a family member, friend, fiduciary, or caregiver Two or more types of abuse often simultaneous

Abuse/Neglect : Signs in the Victim Inadequately explained wounds Dehydration Unusual confinement Lack of cleanliness Fear of speaking for self Shame, embarrassment, anxiety, confusion, withdrawal, depression

Abuse/Neglect: Signs in the Abuser Tells conflicting stories Reluctant to let the elderly person be interviewed alone Speaks for the elder Treats the older person without warmth or compassion

Abuser’s Background Key risk factors: Addiction (alcohol, drugs, gambling) Previous history of abuse Lives in home of victim Unemployed

Environmental Signs Unsanitary and unclean living conditions Lack of food, heat or electricity Abused or neglected pets Strong odors (e.g., feces, urine)

Financial Exploitation: Signs in the Victim Deviations in elder’s financial habits Numerous unpaid bills Checks made to cash Financial papers missing Elder unaware of monthly income Unprecedented transfer of assets

Financial Exploitation Signs in the Abuser Makes all investment decisions for elder Uses elder’s ATM cards Makes withdrawals from dormant account Receives expensive gifts from elder Refuses to spend money on care Asserts powers based on Power of Attorney

Response to Elder Abuse 1. Obtain medical services if needed. 2. Determine if probable cause for arrest. 3. Gather evidence to base prosecution. 4. Provide for well-being of victim. Safety check Referral

Safety Check Any dangerous conditions? Clutter? Refrigerated food unspoiled? Elder have eyeglasses or hearing aids if needed? Dangerous objects (includes guns, especially if person has dementia)?

Referral to Community Agencies Area agency on aging Home delivered meals program Adult Protective Services Senior centers Alzheimer’s programs

Safety Planning Help at-risk survivors make safety plans Domestic Violence agencies Sexual assault agencies Crime victim programs

Key Referral Numbers Call 311 for help any time finding any NYC service Domestic Violence hotline (New York City) Sexual assault hotline (National)

Barriers to Successful Prosecution Victim may be reluctant if perpetrator a family member or caregiver May be unable due to testify due to mental or physical impairments May die before trial Build case without relying on testimony of the victim; Gather evidence

Statutes and Charges Few specialized laws in NY State Bring conventional charges, such as menacing, harassment, assault, larceny Look for multiple crimes and “bump- ups”

4 “Elderly/Disabled” Statutes Endangering the welfare of an incompetent or physically disabled person, P.L. § Endangering the welfare of a vulnerable elderly person, 2 nd degree, P.L. § Endangering the welfare of a vulnerable elderly person 1 st degree, P.L. § Hate Crimes Act of 2000, P.L.§485.05

The Hate Crimes Act Includes age (over 60) and disability as targeting factors Does not add new charges Increases penalties for crimes based on targeting factors such as race religion, national origin, sexual orientation, age (60 or over), or disability

Intimate Partner Violence Not limited to young May worsen or change pattern Onset may be caused by dementia Mandatory arrest protocols apply regardless of age Domestic violence laws and procedures apply

Orders of Protection Often appropriate for elderly victims Written to keep abuser away Written to keep abuser from performing financial transactions Can order abuser to attend drug or alcohol treatment program

Interviewing Older Victims Requires skill and patience Offer memory cues If hearing impaired, eliminate background noise and use visual cues and writing Try larger type for visually impaired

Alzheimer’s disease and Dementia Victims can provide useful information Be calm and reassuring Observe reactions If upset, use distraction to refocus Get help from social workers

Cultural Issues Behaviors may not be considered abusive Some consider “family matters” private Some immigrants fear police Some immigrants are unaware of their rights Empathy can help reduce fears

Language Determine what language victim prefers Find impartial interpreter No family or friends Could be abuser Could give inaccurate translation Presence could inhibit victim

Cross-cultural communication Address by last name Touching may be considered intrusion Groups can value or discourage eye contact Culture not predictive; each case unique