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	<title>NYC Elder Abuse Center</title>
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	<link>http://nyceac.com</link>
	<description>Safety, Dignity and Respect</description>
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		<title>Register for the NYC Elder Abuse Conference being held on May 23, 2012</title>
		<link>http://nyceac.com/news/register-for-the-nyc-elder-abuse-conference-being-held-on-may-23-2012/</link>
		<comments>http://nyceac.com/news/register-for-the-nyc-elder-abuse-conference-being-held-on-may-23-2012/#comments</comments>
		<pubDate>Wed, 09 May 2012 04:08:47 +0000</pubDate>
		<dc:creator>NYCEAC</dc:creator>
				<category><![CDATA[News]]></category>

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		<description><![CDATA[Stopping Elder Abuse: Preparedness and Early Intervention May 23, 2012 Wednesday • 8:00am-3:30pm at The New School 66 West 12th Street, NYC Click here for the brochure and registration information.]]></description>
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<h3 style="text-align: center;"><span style="color: #3366ff;">Stopping Elder Abuse: Preparedness and Early Intervention</span></h3>
<p style="text-align: center;"><strong>May 23, 2012</strong><br />
<strong> Wednesday • 8:00am-3:30pm</strong></p>
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<p style="text-align: center;"><strong>at The New School</strong><br />
<strong> 66 West 12th Street, NYC</strong></p>
<p style="text-align: center;"><a href="http://nyceac.com/wp-content/uploads/2012/05/NYC_Elder_Abuse_Conference_Registration_2012.pdf">Click here</a> for the brochure and registration information.</p>
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		<title>Register for the Jarvie June 2012 Colloquium: The Many Faces of Aging</title>
		<link>http://nyceac.com/news/register-for-jarvies-june-2012-conference-the-many-faces-of-aging/</link>
		<comments>http://nyceac.com/news/register-for-jarvies-june-2012-conference-the-many-faces-of-aging/#comments</comments>
		<pubDate>Wed, 09 May 2012 03:59:33 +0000</pubDate>
		<dc:creator>NYCEAC</dc:creator>
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		<description><![CDATA[REGISTRATION IS NOW OPEN FOR JARVIE’S 17TH ANNUAL COLLOQUIUM: THE MANY FACES OF AGING Thursday, June 21, 2012 8:30 a.m. to 4 p.m. The Interchurch Center, 475 Riverside Drive (120th Street), New York, NY 10115 Click here for more information about the conference.]]></description>
			<content:encoded><![CDATA[<p align="center"><strong>REGISTRATION IS NOW OPEN </strong></p>
<p align="center"><strong>FOR JARVIE’S 17<sup>TH</sup> ANNUAL COLLOQUIUM:</strong></p>
<p align="center"><strong></strong><span class="Apple-style-span" style="line-height: 19px;"><strong style="font: normal normal normal 13px/1.5 Arial, Helvetica, Garuda, sans-serif; color: #000000; line-height: inherit; font-size: 13px; font-weight: bold; font-style: normal; padding: 0px; margin: 0px;"><em style="font: normal normal normal 13px/1.5 Arial, Helvetica, Garuda, sans-serif; color: #000000; line-height: inherit; font-size: 13px; font-weight: normal; font-style: italic; padding: 0px; margin: 0px;">THE MANY FACES OF AGING</em></strong></span></p>
<p align="center"><strong>Thursday, June 21, 2012</strong></p>
<p align="center"><strong>8:30 a.m. to 4 p.m.</strong></p>
<p align="center">The Interchurch Center, 475 Riverside Drive (120<sup>th</sup> Street), New York, NY 10115</p>
<p align="center"><strong><em><a href="http://nyceac.com/wp-content/uploads/2012/05/Jarvie_-Colloquium_-2012.pdf">Click here</a> for more information about the conference.</em></strong></p>
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		<title>Financial Exploitation Documentary &#8211; In NYC Theaters through April 19, 2012</title>
		<link>http://nyceac.com/news/new-york-times-review-of-elder-financial-exploitation-movie/</link>
		<comments>http://nyceac.com/news/new-york-times-review-of-elder-financial-exploitation-movie/#comments</comments>
		<pubDate>Mon, 16 Apr 2012 20:17:28 +0000</pubDate>
		<dc:creator>NYCEAC</dc:creator>
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		<description><![CDATA[Taking Advantage of Elders New York Times Review Opens on Friday, April 13, 2012 in Manhattan. For more information, click here. Directed by Deborah Louise Robinson 1 hour 22 minutes; not rated So your normally prudent 69-year-old mother has taken up with an unemployed salsa instructor half her age, and now he’s living in her spare ...]]></description>
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<h2>Taking Advantage of Elders</h2>
<h5>New York Times Review</h5>
<p><em>Opens on Friday, April 13, 2012 in Manhattan. For more information, <a href="http://nyceac.com/wp-content/uploads/2012/04/Last-Will-and-Embezzlement.pdf">click here</a>.<br />
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<div><em>Directed by Deborah Louise Robinson</em></div>
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<p><em>1 hour 22 minutes; not rated</em></p>
<p>So your normally prudent 69-year-old mother has taken up with an unemployed salsa instructor half her age, and now he’s living in her spare room. And co-signing her checks. She seems happy, but you’re worried about his motives — not to mention your inheritance. What can you do?</p>
<p>Very little, according to the heartbreaking stories in <a title="A trailer" href="http://www.youtube.com/watch?v=WJCDQpqHPEQ">“Last Will and Embezzlement,”</a> Deborah Louise Robinson’s rudimentary yet eye-opening documentary on the growing problem of <a title="More from The New York Times" href="http://newoldage.blogs.nytimes.com/2011/03/03/government-report-finds-elder-abuse-on-the-rise/?scp=1&amp;sq=mickey%20rooney%20elder%20abuse&amp;st=cse">elder abuse</a>. Narrated by the actor <a title="A video" href="http://www.youtube.com/watch?v=AjL_JJMEcp0&amp;feature=relmfu">Artie Pasquale</a>, owner of a don’t-mess-with-me mug and a wiseguy-loaded résumé, the film highlights criminals who exploit vulnerabilities — like early dementia, illness or isolation — and insinuate themselves into a victim’s life and finances. Sniffing around nursing homes and graveyards, these people can cause havoc within families, their acts of predation rarely reported and seldom prosecuted.</p>
<p>Seesawing between <a title="More information" href="http://www.lastwillandembezzlement.com/participating-experts.html">concerned experts</a> and moving case histories — including an impassioned <a title="" href="http://movies.nytimes.com/person/108826/Mickey-Rooney?inline=nyt-per">Mickey Rooney</a> <a title="More on the matter" href="http://www.huffingtonpost.com/2011/09/15/mickey-rooneys-elder-abuse_n_965375.html">recounting years of suffering</a> at the hands of a close family member — the film has a bare-bones look that only intensifies its nearly painful sincerity. As the horrors of reverse-mortgage scams bump up against forged bank documents and legal black holes, we are grateful for the lucid guidance of Kathleen J. Houseweart, an expert on geriatric cognitive impairment. Separating the charmingly forgetful wheat from the dangerously enfeebled chaff, she wonders at what point diminished capacity can reasonably be interpreted as bad judgment. “We have a right to make bad decisions,” she insists. Indeed we do, especially when they involve salsa instructors half our age.</p>
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<p>Link to the New York Times review:</p>
<p>http://movies.nytimes.com/2012/04/13/movies/last-will-and-embezzlement-from-deborah-louise-robinson.html?scp=1&#038;sq=Last%20Will%20and%20Embezzlement&#038;st=cse</p>
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		<title>More scams are targeting older Americans</title>
		<link>http://nyceac.com/news/more-scams-are-targeting-older-americans/</link>
		<comments>http://nyceac.com/news/more-scams-are-targeting-older-americans/#comments</comments>
		<pubDate>Tue, 06 Mar 2012 19:12:42 +0000</pubDate>
		<dc:creator>NYCEAC</dc:creator>
				<category><![CDATA[News]]></category>

		<guid isPermaLink="false">http://nyceac.com/?p=1624</guid>
		<description><![CDATA[Published: Sunday, March 04, 2012, 10:41 AM     Updated: Sunday, March 04, 2012, 10:56 AM By The Associated Press The Associated Press Alex Brandon / The Associated Press, 2011Entertainer Mickey Rooney testifies on Capitol Hill in Washington in March 2011 about elder abuse before the Senate Aging Committee. Rooney is suing his stepson and others ...]]></description>
			<content:encoded><![CDATA[<p>Published: Sunday, March 04, 2012, 10:41 AM     Updated: Sunday, March 04, 2012, 10:56 AM</p>
<p>By <strong>The Associated Press </strong>The Associated Press</p>
<p>Alex Brandon / The Associated Press, 2011Entertainer Mickey Rooney testifies on Capitol Hill in Washington in March 2011 about elder abuse before the Senate Aging Committee. Rooney is suing his stepson and others on allegations that they tricked him into thinking he was on the brink of poverty while defrauding him out of millions and bullying him into continuing to work. The case is pending in Los Angeles Superior Court. &#8220;I felt trapped, scared, used and frustrated, &#8221; Rooney told a special Senate committee considering abuse-prevention legislation last year. &#8220;But above all, when a man feels helpless, it&#8217;s terrible.&#8221;</p>
<p>Boomers beware: Scams, frauds and other financial exploitation schemes targeting older Americans are a growing multibillion-dollar industry enriching the schemers, anguishing the victims and vexing law enforcement officials who find these crimes among the hardest to investigate and prosecute.</p>
<p>&#8220;The true con artists, who are in the business of making money off older folks through devious means, are very good at what they do,&#8221; said Sally Hurme, a consumer fraud specialist with AARP. &#8220;They cover their tracks, they use persuasive psychological means to spin their tales.&#8221;</p>
<p>Elder financial abuse encompasses a wide range of tactics, some perpetrated by relatives or trusted advisers, some by strangers via telemarketing and Internet-based scams.</p>
<p>Researchers say only a fraction of the abuse gets reported to the authorities, often because victims are too befuddled or embarrassed to speak up. Even with the reported cases, data is elusive because most federal crime statistics don&#8217;t include breakdowns of victims&#8217; ages.</p>
<p>Nonetheless, there&#8217;s ample research to convey the scope of this scourge.</p>
<p><strong>More information</strong></p>
<ul>
<li><strong>National Council on Aging tips for avoiding scams</strong></li>
<li><strong>FBI Internet Crime Complaint Center</strong></li>
<li><strong>AARP scam expert</strong></li>
</ul>
<p>A federally funded study conducted for the National Institute of Justice in 2009 concluded that 5 percent of Americans 60 and older had been the victim of recent financial exploitation by a family member, while 6.5 percent were the target of a nonfamily member. The study, led by psychologist Ron Acierno of the Medical University of South Carolina, was based on input from 5,777 older adults.</p>
<p>A report last year by insurer MetLife Inc. estimated the annual loss by victims of elder financial abuse at $2.9 billion, compared with $2.6 billion in 2008.</p>
<p>&#8220;Elder financial abuse is an intolerable crime resulting in losses of human rights and dignity,&#8221; MetLife said. &#8220;Yet it remains underreported, underrecognized and underprosecuted.&#8221;</p>
<p>Older Americans are by no means the only target of schemers and scammers, but experts say they have distinctive characteristics that often make them a tempting prey.</p>
<p>Some have disabilities that leave them dependent on others for help; others are unsophisticated about certain financial matters or potential pitfalls on the Internet. Many are relatively isolated and susceptible to overtures from seemingly friendly strangers.</p>
<p>&#8220;That&#8217;s why telemarketing scams are so successful,&#8221; said Karen Turner, head of a newly formed elder fraud unit in the Brooklyn District Attorney&#8217;s Office in New York City. &#8220;They&#8217;re delighted to have someone to talk with &#8211; they almost welcome the calls.&#8221;</p>
<p>Coupled with these factors, most older Americans, even in these troubled economic times, have tangible assets in the form of homeownership, pensions and Social Security income that scammers seek to exploit.</p>
<p>Another factor is the older generation&#8217;s patriotism and respect for authority, according to Sid Kirchheimer, who writes a weekly <strong>&#8220;Scam Alert&#8221; column for the AARP Bulletin</strong>.</p>
<p>&#8220;A lot of the scammers pretend to be with the government &#8211; they say they&#8217;re calling from the Social Security Administration or the IRS,&#8221; Kirchheimer said. &#8220;People 65 and over, they often fall for that.&#8221;</p>
<p>There&#8217;s a multitude of scam scenarios, some of them new twists on old ploys.</p>
<p>Among the current variations:</p>
<p><strong>The Grandparent Scam:</strong> Impostors, often calling from abroad, pose as a grandchild in need of cash to cope with some sort of emergency, perhaps an arrest or an accident. The grandparent is asked to send money and urged not to tell anyone else about the transfer.</p>
<p>Police in Bangor, Maine, said a man in his 70s was bilked out of $7,000 in January by a con artist pretending to be his grandson who called to say he needed money to get out of jail in Spain.</p>
<p>In another version, scammers pose as soldiers who&#8217;ve been serving in Afghanistan, and call grandparents claiming to need money as part of their homecoming.</p>
<p><strong>The Lottery Scam:</strong> Scammers inform their target that they have won a lottery or sweepstakes and need to make a payment to obtain the supposed prize. The targets may be sent a fake prize-money check they can deposit in their bank account. Before that check bounces, the criminals will collect money for supposed fees or taxes on the prize.</p>
<p>Police in Holden, Mass., say an 80-year-old woman recently was bilked out of $400,000 over the course of a year in her efforts to claim bogus prize money. In Los Angeles, authorities said last year that an 87-year-old widower fell for a lottery scam masterminded in Quebec, and mailed $160,000 in checks that he&#8217;d been told was for taxes on his purported $3.3 million in winnings.</p>
<p>Many recent lottery scam calls have come from Jamaica, to the point where its area code (876) is now cited as by anti-scam experts as a warning sign. Other Caribbean area codes also have been implicated.</p>
<p><strong>The Toilet Paper Scam:</strong> Fraudsters often try to convince gullible targets into paying exorbitant sums for unneeded products and services, as exemplified by a scam uncovered in South Florida last year.</p>
<p>According to U.S. investigators, salespeople claiming their company was affiliated with federal agencies told their elderly victims that they needed special toilet paper to comply with new regulations and avoid ruining their septic tanks. In all, prosecutors said the company scammed about $1 million from victims from across the country, including some who purchased more than 70 years&#8217; worth of toilet paper.</p>
<p>Three suspects in that case, all from Florida&#8217;s Palm Beach County, pleaded guilty to wire fraud. But officials say arrests are the exception, not the rule, especially in telemarketing and Internet scams where there&#8217;s no paper trail, no face-to-face interaction and the perpetrators are often operating from abroad.</p>
<p>&#8220;It&#8217;s very hard for us to investigate overseas &#8211; the likelihood of us finding them and extraditing them is slim,&#8221; said Turner, the Brooklyn prosecutor.</p>
<p>Paul Greenwood, a deputy district attorney in San Diego who runs an elder abuse prosecution unit, says he&#8217;s been trying cajole local banks and credit unions to be more aggressive in protecting their elderly customers. One way is for those institutions to contact authorities if they detect suspicious withdrawal patterns.</p>
<p>Greenwood says he&#8217;s often spoken by phone with overseas scammers, initially pretending to be a potential victim, then revealing who he is.</p>
<p>&#8220;They&#8217;re not in the least affected. They just move on to the next call,&#8221; he said. &#8220;If they&#8217;re outside the U.S., they&#8217;re home free.&#8221;</p>
<p>Nonetheless, Greenwood hopes his fellow prosecutors nationwide will become more aggressive in pursuing charges when they can catch a suspected scammer.</p>
<p>&#8220;The cliche is that these are victims with poor memories or who are reluctant to testify,&#8221; Greenwood said. &#8220;We&#8217;ve found we can overcome that. Once you get them into court, the victims have such strong jury appeal that most of time the defense just pleads out.&#8221;</p>
<p>Steven Hirsch / The Associated Press, 2009Charlene Marshall holds the shoulder of her husband, Anthony Marshall, in a courtroom in New York in 2009. Brooke Astor&#8217;s 85-year-old son Marshall was convicted of exploiting his philanthropist mother&#8217;s failing mind and helping himself to her nearly $200 million fortune. Elder financial abuse encompasses a wide range of tactics, some perpetrated by relatives or trusted advisers, some by strangers via telemarketing and Internet-based scams. A federal study found that 5 percent of Americans 60 and older had been the victim of recent financial exploitation by a family member, and 6.5 percent by a non-family member.</p>
<p>Cases of financial elder abuse surface at all levels of U.S. society.</p>
<p>For example, Anthony Marshall, the son of multimillionaire philanthropist Brooke Astor, was found guilty in 2009 of exploiting his mother&#8217;s dementia to help himself to millions of dollars. He&#8217;s free pending appeal.</p>
<p>Mickey Rooney, the 91-year-old actor, is suing his stepson and others on allegations that they tricked him into thinking he was on the brink of poverty while defrauding him out of millions and bullying him into continuing to work. The case is pending in Los Angeles Superior Court.</p>
<p>&#8220;I felt trapped, scared, used and frustrated,&#8221; Rooney told a special Senate committee considering abuse-prevention legislation last year. &#8220;But above all, when a man feels helpless, it&#8217;s terrible.&#8221;</p>
<p>For elderly scam victims of modest means, the results can be catastrophic.</p>
<p>&#8220;The abuse can leave a person devastated,&#8221; Turner said. &#8220;They&#8217;re not young to enough to grow a nest egg again &#8211; the nest egg is gone.&#8221;</p>
<p>Even small-scale scams can have long-lasting impact.</p>
<p>Now in her mid-80s, Eunice Langa of New York&#8217;s Duchess County still remembers a phone call some 20 years ago telling her she&#8217;d won a free cruise.</p>
<p>Delighted at the chance to give her brother and his wife the cruise as a gift, Langa agreed to mail off more than $100 in fees to claim the prize, only to learn later she was victim of a scam.</p>
<p>&#8220;I just took them at their word,&#8221; she said. &#8220;There was no such thing and no way of tracking it.&#8221;</p>
<p>Since then, Langa, who has a master&#8217;s degree and work experience in broadcasting, teaching and public relations, has updated herself on potential exploitation and how to avoid it. Among other programs, she participated in two workshops developed by the <strong>National Council on Aging</strong> to help older adults learn how to budget their money, find benefits and avoid scams.</p>
<p>Her advice to others: &#8220;Don&#8217;t get excited with an offer and jump into anything without thoroughly investigating first.&#8221;</p>
<p>For prosecutors and other anti-scam experts, the most wrenching cases often involve financial abuse by an older person&#8217;s adult children or other family members who&#8217;d been put in positions of trust.</p>
<p>&#8220;These people think they&#8217;re entitled to something &#8211; they say, `I just wanted an advance on my inheritance,&#8217;&#8221; said Arlene Markarian, an assistant district attorney in Brooklyn who specializes in elder abuse prevention.</p>
<p>She says this type of financial exploitation is often accompanied by physical abuse, and yet many elderly victims balk at reporting it.</p>
<p>&#8220;There&#8217;s the embarrassment factor &#8211; no one wants to see relatives prosecuted,&#8221; Markarian said. &#8220;And there&#8217;s fear of losing your independence &#8211; being put in a nursing home. A lot of the times, it&#8217;s the offender making that threat.&#8221;</p>
<p>Markarian added another note of caution.</p>
<p>&#8220;We&#8217;re seeing not just older victims but older perpetrators,&#8221; she said. &#8220;Not all old people are sweet.&#8221;</p>
<p>A case in point: The estranged father of actress Jodie Foster &#8211; 89-year-old Lucius Foster &#8211; was sentenced to a five-year jail term in December for bilking more than $100,000 from poor and elderly people in a home-building scheme.</p>
<p>Financial abuse by family members and trusted advisers will be among the targets of the federal <strong>Office of Older Americans</strong>, part of the new Consumer Financial Protection Bureau. Plans are in the works to provide guidelines for relatives and others on ethical standards for helping handle an older person&#8217;s finances.</p>
<p>The Office of Older Americans is headed by Hubert H. Humphrey III, a former attorney general of Minnesota who says awareness of elder abuse is growing among law enforcement agencies and among citizens he&#8217;s been meeting with in recent months.</p>
<p>&#8220;You ask if there&#8217;s someone in audience who had something like this happen, someone will stand up and have the courage to tell their story, and you&#8217;ll see others nodding their heads in recognition,&#8221; Humphrey said. &#8220;It&#8217;s out there &#8211; and people are beginning to have a greater confidence to speak out about it.&#8221;</p>
<p>One of the policy advisers working with Humphrey is Naomi Karp, who formerly handled elder-abuse issues for AARP.</p>
<p>She said most states have developed appropriate laws for dealing with elder abuse, and the key question is whether there are enough investigators and other resources to carry them out effectively.</p>
<p>She likened the challenge to a whack-a-mole game.</p>
<p>&#8220;As soon as law enforcement or regulatory agencies go after one scam, it&#8217;s so easy for the con artist to morph with the next best one,&#8221; she said.</p>
<p>One needed step, according to abuse-prevention advocates, is getting money for the federal <strong>Elder Justice Act</strong>. It was passed by Congress two years ago with the aim of helping states combat various forms of elder abuse, but thus far no dollars have been appropriated to put it in practice.</p>
<p>The FBI is actively fighting elder financial abuse, issuing anti-scam top sheets and tracking the online portion of problem through its <strong>Internet Crime Complaint Center</strong>.</p>
<p>Special Agent Nick Savage said the center received more than 300,000 complaints last year, reflecting close to a half-billion dollars in losses, with 45 percent of the toll borne by people over 50.</p>
<p>Among older victims, Savage said, there&#8217;s often a hesitancy to report the crimes.</p>
<p>&#8220;A lot of people are ashamed of the victimization and don&#8217;t want to come forward for fear that they&#8217;ll be seen silly, that they should have known better,&#8221; he said.</p>
<p>Savage acknowledged that local law enforcement agencies are sometimes reluctant to pursue scam investigations if the perpetrators are abroad. He said the FBI, with help from its foreign counterparts, can make headway in some instances, especially if it can establish a pattern that bundles a number of individual cases into one.</p>
<p>Looking ahead, there are mixed views on whether the baby boomers, now mostly in their 50s and early 60s, will be less prone to scams and exploitation than their elders.</p>
<p>The AARP&#8217;s Hurme thinks that&#8217;s possible.</p>
<p>&#8220;They&#8217;re more assertive, questioning &#8211; certainly they&#8217;ve grown up on computers and are more savvy with them, so there is hope,&#8221; Hurme said. &#8220;But I don&#8217;t think the bad guys are going to go away &#8211; they&#8217;re going to adjust their pitches as the demographics change.&#8221;</p>
<p>Naomi Karp noted that many victims of securities fraud are well-educated men, not yet of retirement age, who overestimate their acumen, perhaps foretelling further problems as they age. She also noted that many boomers, no less so than their elders, will eventually experience cognitive declines that will increase their vulnerability.</p>
<p>&#8220;They may be boomers,&#8221; she said. &#8220;But financial capacity is the often first kind to decline.&#8221;</p>
<p>© 2012 syracuse.com. All rights reserved.</p>
<p>&nbsp;</p>
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		<title>NYC Elder Abuse Conference &#8211; May 23, 2012 &#8211; Save the Date!</title>
		<link>http://nyceac.com/news/nyc-elder-abuse-conference-may-23-2012-save-the-date/</link>
		<comments>http://nyceac.com/news/nyc-elder-abuse-conference-may-23-2012-save-the-date/#comments</comments>
		<pubDate>Fri, 02 Mar 2012 18:49:08 +0000</pubDate>
		<dc:creator>NYCEAC</dc:creator>
				<category><![CDATA[News]]></category>

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			<content:encoded><![CDATA[<p><img id="Picture_x0020_1" src="https://email.med.cornell.edu/iwc/svc/wmap/attach/image001.jpg?sid=&amp;mbox=INBOX&amp;uid=82775&amp;number=4&amp;token=W4CxQLmfxC&amp;type=image&amp;subtype=jpeg" alt="Martha save the date.JPG" width="943" height="704" /></p>
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		<title>NPR&#8217;s Marketplace: Stealing from the Old</title>
		<link>http://nyceac.com/news/nprs-marketplace-stealing-from-the-old/</link>
		<comments>http://nyceac.com/news/nprs-marketplace-stealing-from-the-old/#comments</comments>
		<pubDate>Tue, 07 Feb 2012 12:24:21 +0000</pubDate>
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		<description><![CDATA[This NPR radio show features NYC Elder Abuse Center&#8217;s (NYCEAC) Director Mark Lachs &#8211; Co-Chief, Division of Geriatrics and Gerontology, New York Presbyterian Hospital and Weill Cornell Medical College and NYCEAC&#8217;s Steering Committee member Liz Loewy &#8211; ADA, New York County District Attorney&#8217;s Office. Kai Ryssdal: Here&#8217;s kind of an amazing number from a study they ...]]></description>
			<content:encoded><![CDATA[<p>This NPR radio show features NYC Elder Abuse Center&#8217;s (NYCEAC) Director Mark Lachs &#8211; Co-Chief, Division of Geriatrics and Gerontology, New York Presbyterian Hospital and Weill Cornell Medical College and NYCEAC&#8217;s Steering Committee member Liz Loewy &#8211; ADA, New York County District Attorney&#8217;s Office.</p>
<p>Kai Ryssdal: Here&#8217;s kind of an amazing number from a study they did in New York not too long ago: More than 140,000 elderly have had serious money or other real assets taken from them without their permission. And that&#8217;s in New York state alone. In all too many cases, it&#8217;s not a con man but a family member who&#8217;s to blame for a kind of elder abuse that goes seriously under-reported.</p>
<p>Here&#8217;s Marketplace&#8217;s David Brancaccio &#8211; with Mark Lachs and Liz Loewy.</p>
<p>http://www.marketplace.org/topics/life/economy-40/stealing-old</p>
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		<title>As USA grays, elder abuse risk and need for shelters grow</title>
		<link>http://nyceac.com/news/as-usa-grays-elder-abuse-risk-and-need-for-shelters-grow/</link>
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		<pubDate>Wed, 11 Jan 2012 23:42:57 +0000</pubDate>
		<dc:creator>NYCEAC</dc:creator>
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		<description><![CDATA[ By Haya El Nasser, USA TODAY This USA Today article focuses on the need for more elder abuse shelters, mentioning that NYCEAC&#8217;s partner &#8211; the Weinberg Center for Elder Abuse Prevention at the Hebrew Home at Riverdale in the Bronx in New York City &#8211; is a model for others in the country. http://usat.ly/wtQRnn For more information ...]]></description>
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<p><span class="Apple-style-span" style="font-weight: bold;"><span class="Apple-style-span" style="font-weight: normal;">This USA Today article focuses on the need for more elder abuse shelters, mentioning that NYCEAC&#8217;s partner &#8211; the Weinberg Center for Elder Abuse Prevention at the Hebrew Home at Riverdale in the Bronx in New York City &#8211; is a model for others in the country. <span style="text-decoration: underline;"><span style="color: #0000ff;"><a href="http://usat.ly/wtQRnn" target="_blank"><span style="color: #0000ff; text-decoration: underline;">http://usat.ly/wtQRnn</span></a></span></span> For more information about shelter options in NYC, go to: <span style="text-decoration: underline;"><span style="color: #0000ff; text-decoration: underline;">http://nyceac.com/wp-content/uploads/2011/03/NYCs-Temporary-Shelter-Options-for-Elder-Abuse-Victims.pdf</span></span></span></span></p>
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		<title>Gone Without a Case: Suspicious Elder Deaths Rarely Investigated</title>
		<link>http://nyceac.com/news/gone-without-a-case-suspicious-elder-deaths-rarely-investigated/</link>
		<comments>http://nyceac.com/news/gone-without-a-case-suspicious-elder-deaths-rarely-investigated/#comments</comments>
		<pubDate>Tue, 03 Jan 2012 01:10:22 +0000</pubDate>
		<dc:creator>NYCEAC</dc:creator>
				<category><![CDATA[News]]></category>

		<guid isPermaLink="false">http://nyceac.com/?p=1508</guid>
		<description><![CDATA[http://www.propublica.org/article/gone-without-a-case-suspicious-elder-deaths-rarely-investigated Post Mortem Death Investigation in America (Andres Cediel/Frontline) &#160; Nothing, it seemed, was unusual about Joseph Shepter&#8217;s death. A retired U.S. government scientist, Shepter spent his final two years dwelling in a nursing home in Mountain Mesa, Calif., a small town northeast of Bakersfield. A stroke had paralyzed much of his body, while dementia ...]]></description>
			<content:encoded><![CDATA[<p>http://www.propublica.org/article/gone-without-a-case-suspicious-elder-deaths-rarely-investigated</p>
<p><a href="http://www.propublica.org/series/post-mortem/">Post Mortem</a></p>
<p><a href="http://www.propublica.org/series/post-mortem/">Death Investigation in America<img src="http://www.propublica.org/images/ngen/gypsy_big_image/frontline_coroners_hand_630x420_111220.jpg" alt="" /></a></p>
<p>(Andres Cediel/Frontline)</p>
<p>&nbsp;</p>
<div>
<p>Nothing, it seemed, was unusual about Joseph Shepter&#8217;s death.</p>
<p>A retired U.S. government scientist, Shepter spent his final two years dwelling in a nursing home in Mountain Mesa, Calif., a small town northeast of Bakersfield. A stroke had paralyzed much of his body, while dementia had eroded his ability to communicate.</p>
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<div>Our Partners</div>
<p><a href="http://www.pbs.org/wgbh/pages/frontline/post-mortem/?utm_campaign=homepage&amp;utm_medium=proglist&amp;utm_source=proglist"><img src="http://www.propublica.org/images/partners/frontline_logo_140.jpg" alt="PBS 'Frontline'" /></a></p>
<p><a href="http://www.npr.org/series/133208980/post-mortem-death-investigation-in-america"><img src="http://www.propublica.org/images/partners/npr_logo_140px.jpg" alt="NPR" /></a></p>
<p><em>In collaboration with the Investigative Reporting Program at the UC Berkeley Graduate School of Journalism</em></p>
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<p>He died in January 2007 at age 76. On Shepter&#8217;s death certificate, Dr. Hoshang Pormir, the nursing home&#8217;s chief medical officer, explained that the cause was heart failure brought on by clogged arteries.</p>
<p>Shepter&#8217;s family had no reason to doubt it. The local coroner never looked into the death. Shepter&#8217;s body was interred in a local cemetery.</p>
<p>But a tip from a nursing-home staffer would later prompt state officials to re-examine the case and reach a very different conclusion.</p>
<p>When investigators reviewed Shepter&#8217;s medical records, they determined that he had actually died of a combination of ailments often related to poor care, including an infected ulcer, pneumonia, dehydration and sepsis.</p>
<p>Investigators also concluded that Shepter&#8217;s demise was hastened by the inappropriate administration of powerful antipsychotic drugs, which can have potentially lethal side effects for seniors.</p>
<p>Prosecutors in 2009 charged Pormir and two former colleagues with killing Shepter and two other elderly residents. They&#8217;ve pleaded not guilty. The criminal case is ongoing.</p>
<p>Health-care regulators have already taken action, severely restricting the doctor&#8217;s medical license. The federal government has fined the home nearly $150,000.</p>
<p>&nbsp;</p>
<div><img src="http://www.propublica.org/images/coroners/elders/ht_shepter_200x300_111220.jpg" alt="John Shepter with his wife. (Photo courtesy of the Shepter family)" width="200" />John Shepter with his wife. (Photo courtesy of the Shepter family)</div>
<p>Shepter&#8217;s story illustrates a problem that extends far beyond a single California nursing home. ProPublica and PBS &#8220;Frontline&#8221; have identified more than three-dozen cases in which the alleged neglect, abuse or even murder of seniors eluded authorities. But for the intervention of whistleblowers, concerned relatives and others, the truth about these deaths might never have come to light.</p>
<p>For more than a year, ProPublica, in concert with other news organizations, has <a href="http://www.propublica.org/series/post-mortem">scrutinized the nation&#8217;s coroner and medical examiner offices</a>, which are responsible for probing sudden and unusual fatalities. We found that these agencies &#8212; hampered by chronic underfunding, a shortage of trained doctors and a lack of national standards &#8212; have sometimes helped to send innocent people to prison and allowed killers to walk free.</p>
<p>When it comes to the elderly, the system errs by omission. If a senior like Shepter dies under suspicious circumstances, there&#8217;s no guarantee anyone will ever investigate. Catherine Hawes, a Texas A&amp;M health-policy researcher who has studied elder abuse for the U.S. Department of Justice, described the issue as &#8220;a hidden national scandal.&#8221;</p>
<p>Because of gaps in government data, it&#8217;s impossible to say how many suspicious cases have been written off as natural fatalities. However, the limited evidence available points to a significant problem: When investigators in one jurisdiction comprehensively reviewed deaths of older people, they discovered scores of cases in which elders suffered mistreatment.</p>
<p>An array of systemic flaws has led to case after case being overlooked:</p>
<ul>
<li>When treating physicians report that a death is natural, coroners and medical examiners almost never investigate. But doctors often get it wrong. In one 2008 study, nearly half the doctors surveyed failed to identify the correct cause of death for an elderly patient with a brain injury caused by a fall.</li>
<li>In most states, doctors can fill out a death certificate without ever seeing the body. That explains how a Pennsylvania physician said her 83-year-old patient had died of natural causes when, in fact, he&#8217;d been beaten to death by an aide. The doctor never saw the 16-inch bruise that covered the man&#8217;s left side.</li>
<li>Autopsies of seniors have become increasingly rare even as the population age 65 or older has grown. Between 1972 and 2007, a <a href="http://www.cdc.gov/nchs/data/databriefs/db67.pdf">government analysis</a> found, the share of U.S. autopsies performed on seniors dropped from 37 percent to 17 percent.</li>
</ul>
<p>Dr. Michael Dobersen, a forensic pathologist and the coroner for Arapahoe County, Colo., said he worries about suspicious deaths in nursing homes. &#8220;Sometimes, if I don&#8217;t want to sleep at night, I think about all the cases that we miss,&#8221; Dobersen said. &#8220;I&#8217;m afraid we&#8217;re not looking very hard.&#8221;</p>
<p>With the graying of the baby boom generation, such concerns will only grow in urgency. Within a few years, nearly one-third of all Americans will be over 60.</p>
<p>In a handful of locales, coroners and medical examiners have begun to view older Americans as a vulnerable population whose deaths require extra attention. Some counties have formed elder death review teams that bring special expertise to cases of possible abuse or neglect. In Arkansas, thanks to one crusading coroner, state law requires the review of all nursing-home fatalities, including those blamed on natural causes.</p>
<p>But those efforts are the exception. In most places, little is being done to ensure that suspicious senior deaths are being investigated.</p>
<p>&#8220;We&#8217;re where child abuse was 30 years ago,&#8221; said Dr. Kathryn Locatell, a geriatrician who specializes in diagnosing elder abuse. &#8220;I think it&#8217;s ageism &#8212; I think it boils down to that one word. We don&#8217;t value old people. We don&#8217;t want to think about ourselves getting old.&#8221;</p>
<p><strong>Checking the Wrong Box</strong></p>
<p>There were two reasons that Joseph Shepter&#8217;s passing initially triggered no scrutiny from authorities. He was in a doctor&#8217;s care. And his physician classified the death as natural.</p>
<p>Across the country, state laws rely on doctors to separate extraordinary fatalities from routine ones, principally by what they record on death certificates.</p>
<p>When a doctor encounters an unusual fatality &#8212; a death that may have been caused by homicide or suicide or accident &#8212; the physician must report it to the coroner or medical examiner for further investigation. The investigative work can be as minimal as gathering clues from the place where a body was found, or as extensive as a full autopsy &#8212; the dissection and evaluation of a corpse to pinpoint the precise reason for death.</p>
<p>In Shepter&#8217;s case, Pormir, the nursing-home doctor, checked off a small box on the death certificate indicating that he never contacted the county coroner. There was no autopsy.</p>
<p>The laws assume physicians like Pormir will report deaths accurately and fully, flagging suspicious cases.</p>
<p>In reality, though, death certificates are frequently erroneous or incomplete, academic research has shown. A study published last year in The American Journal of Forensic Medicine and Pathology found that nearly half of 371 Florida death certificates surveyed had errors in them.</p>
<p>Doctors without training in forensics often have trouble determining which cases should be referred to a coroner or medical examiner.</p>
<p>In a 2008 study, 225 physicians were asked to determine what killed an elderly man who had fallen and suffered a severe head injury. Just over half of the doctors correctly identified bleeding of the brain as the primary cause of death. Nearly two-thirds didn&#8217;t list the fall as a contributing factor.</p>
<p>&#8220;I knew people were going to get it wrong, but it was a surprise just how poorly people did,&#8221; said Dr. Marian Betz, who led the study and teaches medicine at the University of Colorado.</p>
<p>Robert Anderson, chief of mortality statistics for the Centers for Disease Control and Prevention, said some doctors don&#8217;t grasp the significance of death certificates.</p>
<p>&#8220;I&#8217;ve had instances where the physician just doesn&#8217;t understand the importance of what they&#8217;re writing down,&#8221; said Anderson, who trains doctors in how to certify deaths. &#8220;I&#8217;m appalled when I hear that.&#8221;</p>
<p>State officials in Washington and Maryland routinely check the veracity of death certificates, but most states rarely do so, Anderson said.</p>
<p>&nbsp;</p>
<div><img src="http://www.propublica.org/images/coroners/elders/pp_harruff_300x200_111220.jpg" alt="Dr. Richard Harruff, the chief medical examiner of King County in Washington state, at his office on Dec. 15, 2011. (Betty Udesen/ProPublica)" width="300" />Dr. Richard Harruff, the chief medical examiner of King County in Washington state, at his office on Dec. 15, 2011. (Betty Udesen/ProPublica)</div>
<p>In Seattle, Dr. Richard Harruff has gone a step further. As the chief medical examiner for King County, Harruff launched a program in 2008 to double-check fatalities listed as natural on county death certificates. By 2010, the program had caught 347 serious misdiagnoses. Two cases were actually homicides. Two were suicides. More than 100 were accidental deaths due to falls or choking.</p>
<p>&#8220;If we want ensure that all death certificates are accurate, there has to be a professional, independent review process,&#8221; said Harruff.</p>
<p>In Shepter&#8217;s case, the death certificate deflected any investigation until an employee came forward with concerns about conditions at the nursing home, a public, 74-bed facility run by the Kern Valley Healthcare District.</p>
<p>The same month that Shepter died, a nurse told state officials that staffers were using potent antipsychotic drugs to &#8220;chemically restrain&#8221; residents with dementia, which can cause unruly and erratic behavior. Her complaint prompted the California Department of Public Health to cite the nursing home for unnecessarily doping 23 seniors and led to the federal fine.</p>
<p>It also spurred the California attorney general&#8217;s office to open a criminal inquiry. Prosecutors asked Locatell, the elder abuse specialist, to evaluate the medical files of the nursing home&#8217;s residents, including Shepter.</p>
<p>&#8220;I saw all kinds of indicators of neglect,&#8221; said Locatell, noting that Shepter had lost almost 20 percent of his body weight over the span of three months. She said she was shocked by the &#8220;callousness of the staff towards this man.&#8221;</p>
<p>In early 2009, prosecutors charged Pormir and two former co-workers with elder abuse that led to the deaths of Shepter and two additional residents, and with mistreating five others.</p>
<p>Kern Valley Healthcare District chief executive Timothy McGlew said he could not comment on the case except to say that his staff is cooperating with investigators.</p>
<p>The case has not yet gone to trial. Pormir and his co-defendants declined to comment.</p>
<p>For Shepter&#8217;s son, the charges of criminal elder abuse came as a terrible surprise.</p>
<p>&#8220;I had no idea anything was wrong,&#8221; said Joseph Shepter III, who goes by Joe. He and his sister have filed a civil lawsuit in Kern County Superior Court against the nursing home, Pormir and other staffers, alleging that they committed elder abuse and violated Shepter&#8217;s rights. Pormir and the others have denied the allegations, court records show.</p>
<p>Joe Shepter used to think that his father &#8220;died a somewhat peaceful death&#8221; surrounded by caring professionals. Instead, he now believes, his &#8220;father was lying in a hospital bed essentially dying of thirst, unable to express himself &#8212; so people could have a nice, quiet cup of tea.&#8221;</p>
<p><strong>Signing Off Without Seeing the Body</strong></p>
<p>In many states, laws are so lax that doctors can sign off on death certificates without having seen a patient in months or actually viewing the body. As a result, even obvious signs of abuse have gone unnoticed by authorities in some instances.</p>
<p>Take the case of William Neff, a diminutive 83-year-old who passed away in an assisted-living facility in Bucks County, Pa. A World War II veteran, Neff suffered from advanced Alzheimer&#8217;s disease, which had tangled the delicate fibers within his brain cells, limiting his speech.</p>
<p>After Neff died on Sept. 11, 2000, a doctor employed by the facility signed his death certificate, citing a &#8220;failure to thrive&#8221; due to &#8220;dementia&#8221; as the reason for his demise.</p>
<p>The physician, Anne Whalen, would later testify that she hadn&#8217;t seen Neff for 13 days before his death. She wasn&#8217;t at the assisted-living home when he died and never saw his corpse.</p>
<p>Still, it was perfectly legal in Pennsylvania for Whalen to decide how Neff had died and what should be written on the death certificate.</p>
<p>Neff&#8217;s family arranged for his body to be transported to a funeral home to be prepared for burial. The moment the funeral home&#8217;s director, Jeffrey Thompson, saw the corpse, he knew something was wrong.</p>
<p>&#8220;I&#8217;m no CSI expert, but I&#8217;ve been doing this for 25 years, and I&#8217;ve seen a lot of dead people,&#8221; Thompson recalled. &#8220;He was all bruised up and purple, and his ribs were all broken.&#8221; A bruise stretched from the man&#8217;s left hip to the middle of his torso.</p>
<p>Thompson contacted the Bucks County Coroner&#8217;s Office, urging staffers to perform an autopsy. The autopsy showed that some kind of violent impact had snapped five of Neff&#8217;s ribs. One of the broken bones had pierced his left lung, flooding his chest with blood. The damage was fatal.</p>
<p>If Thompson hadn&#8217;t spoken up, Neff&#8217;s injuries probably would never have been detected.</p>
<p>&#8220;It could&#8217;ve fallen through the cracks,&#8221; said Joseph Campbell, the Bucks County coroner.</p>
<p>The autopsy spurred county prosecutors and police to launch an 18-month criminal investigation, which eventually led them to Heidi Tenzer, an employee at the assisted-living facility.</p>
<p>Prosecutors accused Tenzer of stomping on Neff&#8217;s chest, charging her with third-degree murder, neglect of a care-dependent person and aggravated assault. In 2003, a jury convicted Tenzer of the charges; three of her former colleagues were convicted of related offenses.</p>
<p>Attorney David Zellis prosecuted Tenzer. &#8220;Dr. Whalen&#8217;s testimony was interesting because she didn&#8217;t know the first thing about&#8221; Neff&#8217;s death, Zellis recalled.</p>
<p>Whalen did not return calls from ProPublica and PBS &#8220;Frontline&#8221; seeking comment.</p>
<p>Zellis was astounded that a doctor could legally determine how Neff had died without actually seeing his body. &#8220;I was stunned,&#8221; said the attorney, who is now in private practice. &#8220;To this day, I find it outrageous.&#8221;</p>
<p><strong>Ageism and Autopsies</strong></p>
<p>&nbsp;</p>
<div><img src="http://www.propublica.org/images/coroners/elders/autopsy_rates_2008_111220.jpg" alt="Note: The autopsy status was unknown for 6 to 12 percent of every age group. Source: Centers for Disease Control and Prevention" width="423" />Note: The autopsy status was unknown for 6 to 12 percent of every age group. Source: Centers for Disease Control and Prevention</div>
<p>Erroneous death certificates and faulty reporting practices are partially responsible for few senior deaths being investigated. But there&#8217;s another factor: Many coroners and medical examiners resist looking into these cases.</p>
<p>Of the 1.8 million seniors who died in 2008, post-mortem exams were performed on just 2 percent. The rate is even lower &#8212; less than 1 percent &#8212; for elders who passed away in nursing homes or care facilities.</p>
<p>To a certain extent, the statistics reflect medically reasonable assumptions. The death of a young person is inherently unusual. By the time people reach their 60s, 70s and beyond, aging and disease have caught up to them, and death is more expected.</p>
<p>But Hawes, the Texas A&amp;M professor who studies elder abuse, thinks the numbers also reflect bias. For a 2005 report to the Justice Department, Hawes interviewed 40 coroners and medical examiners about how they handle deaths among the elderly. In anonymous sessions, they voiced deep reluctance to autopsy seniors.</p>
<p>&#8220;Many of them made the blanket assumption that when an elderly person dies, it must have been because &#8216;their time had come,&#8217;&#8221; she said. &#8220;But they don&#8217;t make that assumption about any other part of the population.&#8221;</p>
<p>In many jurisdictions, coroners and medical examiners are already struggling to autopsy the bodies coming into their morgues. Bringing in more seniors would further stretch their overtaxed resources.</p>
<p>&#8220;Coroners will say, &#8216;We don&#8217;t have enough money to autopsy every old person who dies,&#8217;&#8221; said Dr. Laura Mosqueda, a professor of geriatrics at the University of California, Irvine, and co-director of the Orange County Elder Abuse Forensic Center. The problem, she said, &#8220;is that coroners around the country are using the fact that they can&#8217;t autopsy all older people who die as an excuse not to autopsy any older person who dies.&#8221; She trains coroners and their investigators to zero in on signs of abuse and target their efforts strategically.</p>
<p>Some death investigators think concerns about elder abuse and neglect are overblown.</p>
<p>Dr. Jon Thogmartin, the chief medical examiner for Florida&#8217;s Pasco and Pinellas counties, takes on more than 500 senior deaths per year, ordering full autopsies or checking bodies for external signs of injury. Thogmartin said &#8220;95 percent&#8221; of the elder abuse allegations he comes across &#8220;are completely false,&#8221; and that many of the claims originate with personal injury attorneys.</p>
<p>But others in the field worry that some coroners and medical examiners may not be distinguishing fatal conditions caused by disease and aging from those caused by abuse and neglect.</p>
<p>When younger people wind up in the morgue, death investigators typically have a clear trail to follow. Was the person shot? Killed in a car crash? Beaten? Did he or she overdose on painkillers?</p>
<p>With seniors, however, they must hunt for more subtle clues. Harruff, the King County, Wash., medical examiner, teaches seminars about finding the forensic signs of elder abuse or neglect.</p>
<p>Some of his colleagues &#8220;don&#8217;t take jurisdiction over neglect cases,&#8221; Harruff said. &#8220;I take the attitude that these are potential homicides.&#8221;</p>
<p>When Harruff scrutinizes an older person, he checks out the stomach to see if the person had eaten recently. He tests eyeball fluid to see if the person was getting enough to drink. Often, seniors who are neglected or abused are malnourished or dehydrated.</p>
<p>Harruff takes X-rays to search for broken bones, but he also looks for evidence of osteoporosis, which can cause bones to fracture easily without any sort of violence.</p>
<p>Harruff pays close attention to the body&#8217;s hygiene and cleanliness, and takes note of what the person was wearing. He gets concerned when he finds a senior clad in filthy clothes who hasn&#8217;t bathed recently.</p>
<p>It&#8217;s never simple separating the damage done by natural processes from damage done by other people. &#8220;In an elderly individual, invariably there&#8217;s a combination of processes &#8212; if there&#8217;s neglect, there&#8217;s usually disease and neglect,&#8221; he said.</p>
<p>Decubitus ulcers, better known as pressure sores or bed sores, are a possible indication of abuse or neglect. If a person remains in one position for too long, pressure on the skin can cause it to break down. Left untreated, the sores will expand, causing surrounding flesh to die and spreading infection throughout the body.</p>
<p>People with limited mobility are at greater risk of pressure sores. For patients in nursing homes, sores can mean that staffers aren&#8217;t turning or moving them enough, a serious violation of accepted standards of care. Federal data show that more than 7 percent of long-term nursing-home residents have pressure ulcers.</p>
<p>The wounds can kill, notes Dr. James Lauridson, the retired chief medical examiner for the Alabama Department of Forensic Sciences. &#8220;Very often, that is the way these folks die,&#8221; he said. &#8220;It is a preventable mechanism of death that we&#8217;re missing.&#8221;</p>
<p>Lauridson, who now performs autopsies for private clients, added, &#8220;Occasionally, there are elderly people who are being assaulted. But this issue of pressure ulcers is a far, far bigger issue, and really nationwide.&#8221;</p>
<p><strong>&#8216;I Don&#8217;t Think We Understood the Level of Poor Care We Would Find&#8217;</strong></p>
<p>&nbsp;</p>
<div><img src="http://www.propublica.org/images/coroners/elders/pp_mark_malcolm_300x200_111220.jpg" alt="Former Pulaski County Coroner Mark Malcolm at his home in Little Rock, Ark., on Dec. 14, 2011. (Jacob Slaton/ProPublica)" width="300" />Former Pulaski County Coroner Mark Malcolm at his home in Little Rock, Ark., on Dec. 14, 2011. (Jacob Slaton/ProPublica)</div>
<p>There is a model for conducting elder death investigations effectively. It has taken root in Arkansas, thanks to the unyielding efforts of a man named Mark Malcolm.</p>
<p>In the late 1990s, while serving as the coroner of Pulaski County, which includes Little Rock and the surrounding area, Malcolm received a string of complaints about seniors dying in nursing homes under suspicious circumstances. He ordered the exhumation of six people, all of whom had supposedly died of natural causes.</p>
<p>The autopsy results were stunning: Four seniors had been killed by suffocation; two had died from medication errors.</p>
<p>Malcolm&#8217;s experiences prompted him to push for a new state law requiring nursing homes to report all deaths, including those believed to be natural, to the local coroner. The law, enacted in 1999, authorizes coroners to probe all nursing-home deaths, and requires them to alert law enforcement and state regulators if they think maltreatment may have contributed to a death.</p>
<p>In the first four and a half years after the measure&#8217;s passage, Malcolm reported 86 deaths to other authorities. The number represented a small fraction of the roughly 4,000 nursing-home deaths he and his staff investigated, but it was big enough to suggest there were widespread care problems.</p>
<p>&#8220;I don&#8217;t think we understood the level of poor care that we would find. It came fast, it came furious,&#8221; recalled Malcolm, who now runs a private disaster management consultancy.</p>
<p>After a death, Malcolm&#8217;s investigators would visit the nursing home, taking photographs, reviewing medical records and looking for potential signs of poor care such as multiple pressure sores, undocumented injuries or unsanitary conditions.</p>
<p>They found such problems repeatedly at Riley&#8217;s Oak Hill Manor North in North Little Rock.</p>
<p>Lela Burns remembers watching her mother, Irene Askew, rapidly deteriorate during the four and a half months she spent at Riley&#8217;s in 2000. Admitted for rehabilitation after hip surgery, Askew soon developed ghastly pressure sores, including one that resulted in the amputation of her lower right leg. Askew died on Nov. 17, 2000. Malcolm ordered an autopsy, which concluded that another massive pressure sore had contributed to her death. The hole was the size of a fist and so deep it exposed bone on her lower back.</p>
<p>&nbsp;</p>
<div><img src="http://www.propublica.org/images/coroners/elders/pp_lela_burns_300x200_111220.jpg" alt="Lela Burns at her home in Jacksonville, Ark., on Dec. 14, 2011. (Jacob Slaton/ProPublica)" width="300" />Lela Burns at her home in Jacksonville, Ark., on Dec. 14, 2011. (Jacob Slaton/ProPublica)</div>
<p>&#8220;It was a horrible place,&#8221; said Burns. &#8220;You think to yourself, &#8216;How could this happen?&#8217; It was just devastating.&#8221;</p>
<p>The home came to a financial settlement with Askew&#8217;s family, the terms of which are confidential.</p>
<p>The same year Askew died, another Riley&#8217;s resident died with five pressure sores so severe they were deemed to be potentially life-threatening. Yet another died with 28 pressure sores. Riley&#8217;s executives told the Arkansas Democrat-Gazette that they had done everything possible to meet government standards and had an explanation for every complaint. Malcolm&#8217;s investigations led state regulators to shut down the facility, in part because of the home&#8217;s failure to prevent and treat pressure sores.</p>
<p>A 2004 review of Malcolm&#8217;s efforts by the U.S. Government Accountability Office concluded that the &#8220;serious, undetected care problems identified by the Pulaski County coroner are likely a national problem not limited to Arkansas.&#8221;</p>
<p>Malcolm&#8217;s initiative prompted Medicare inspectors to start citing nursing homes for care-related deaths and to undergo additional elder-abuse training.</p>
<p>Still, nursing homes inspections are not designed to identify problem deaths. The federal government relies on state death-reporting laws and local coroners and medical examiners to root out suspicious cases, said Thomas Hamilton, director of the Survey and Certification Group at the Centers for Medicare &amp; Medicaid Services.</p>
<p>So far, other states have not followed Arkansas&#8217; lead. Its law remains the only one of its type in the country, according to experts who track legislation that affects elders.</p>
<p><strong>Another Approach</strong></p>
<p>While Malcolm focused on nursing homes, investigators in some communities are developing new strategies for pinpointing suspicious deaths that occur in private residences.</p>
<p>In 2007, Ingham County, Mich., formed an elder death review team made up of police, prosecutors, adult protective services, the medical examiner, emergency personnel and others to evaluate cases.</p>
<p>Across the country, several counties have created such panels, including King County in Washington, and San Bernardino, San Diego and Los Angeles counties in California. It&#8217;s an idea borrowed from child-abuse investigators, who have established similar multidisciplinary teams to probe the deaths of young children.</p>
<p>Shortly after Ingham County&#8217;s team began meeting, Margaret Robinson, 94, died at her home in Lansing, the county&#8217;s largest city.</p>
<p>Robinson had been living with a man paid $220 a month by the state to care for her.</p>
<p>Since Robinson died at home rather than in a medical facility, a police officer paid a visit to the scene, as is customary in most places. Piles of clutter littered the home, and the place reeked of dog feces and cigarette smoke. Robinson&#8217;s shriveled body, clad only in a T-shirt and an adult diaper, lay on a bed. The officer would later testify that he didn&#8217;t spot &#8220;any type of foul play,&#8221; so he called the medical examiner to collect the body.</p>
<p>That&#8217;s when Connie McQuaid, an investigator with the medical examiner&#8217;s office, got involved.</p>
<p>Fresh from a training session on how to detect elder abuse, McQuaid spent the night combing through Robinson&#8217;s medical records.</p>
<p>She spotted &#8220;red flags&#8221; in the files, she recalled in an interview. Robinson&#8217;s paid attendant, Ira Gudith, had failed to provide her with medication or diapers. Doctors had noted that Robinson looked &#8220;very thin&#8221; and emitted a &#8220;foul odor.&#8221; McQuaid said she was bothered by &#8220;what appeared to be a lack of concern about her well-being. &#8230; He was not attending to her daily needs.&#8221;</p>
<p>McQuaid voiced her concerns to supervisors and police detectives. The medical examiner ordered an autopsy.</p>
<p>Forensic pathologist Brian Hunter found that Robinson was emaciated, weighing just 82 pounds, dehydrated and covered with pressure sores festering with staph and E. coli bacteria. Her brain displayed the signs of advanced Alzheimer&#8217;s disease. These problems contributed to her death.</p>
<p>But the chief cause, Hunter said, &#8220;came as a surprise.&#8221;</p>
<p>Tests of Robinson&#8217;s blood showed lethal amounts of morphine. No doctor had prescribed it for her, and it seemed impossible that in her bed-ridden state Robinson could have gotten the drug herself.</p>
<p>Criminal charges quickly followed, and in October 2007, Gudith pleaded guilty to second-degree murder. He appealed the conviction and lost.</p>
<p>Gudith&#8217;s lawyer, Paul Toman, said in an interview that his client had struggled to meet Robinson&#8217;s mounting needs. &#8220;Ira&#8217;s just a simple fellow,&#8221; Toman said. &#8220;He was in way over his head.&#8221;</p>
<p>For Ingham County, Gudith&#8217;s arrest proved the value of its new approach.</p>
<p>&#8220;Without the elder death review team, this case would not have gotten the attention of the autopsy team. It would not have gotten the attention of the prosecutor&#8217;s office,&#8221; McQuaid said. &#8220;This man would have gotten away with murder.&#8221;</p>
<p><em>ProPublica&#8217;s Krista Kjellman Schmidt, Joe Kokenge, Sergio Hernandez and Marshall Allen contributed to this report.</em></p>
<p><em>This spring, PBS “Frontline” and ProPublica will explore how flaws in the American system of death investigation have left the elderly vulnerable to neglect, abuse and even murder and how a small cadre of innovators are working to bring such cases to light.</em></p>
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		<title>The Shame of Elder Abuse and the Silence of Washington</title>
		<link>http://nyceac.com/news/the-shame-of-elder-abuse-and-the-silence-of-washingto/</link>
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		<pubDate>Tue, 03 Jan 2012 00:38:37 +0000</pubDate>
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		<description><![CDATA[http://www.huffingtonpost.com/robert-b-blancato/elder-abuse-washington_b_1175299.html?ref=politics  Posted: 12/29/11 06:18 PM ET As we close the holiday season, we are reminded that one sad reality, elder abuse, takes no holiday. In fact, recent studies show that abuse of older adults, especially financial abuse, increases dramatically during the holiday season. Today, more than one in ten older adults will be victims of some form of elder ...]]></description>
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<p><a href="http://www.huffingtonpost.com/robert-b-blancato/elder-abuse-washington_b_1175299.html?ref=politics" target="_blank">http://www.huffingtonpost.com/robert-b-blancato/elder-abuse-washington_b_1175299.html?ref=politics</a><span class="Apple-style-span" style="font-size: 20px; font-weight: 800;"> </span></p>
<p><span class="Apple-style-span" style="color: #aaaaaa;">Posted: 12/29/11 06:18 PM ET</span></p>
<p>As we close the holiday season, we are reminded that one sad reality, elder abuse, takes no holiday. In fact, recent studies show that abuse of older adults, especially financial abuse, <a href="http://www.metlife.com/assets/cao/mmi/publications/studies/2011/mmi-elder-financial-abuse.pdf" target="_blank">increases</a> dramatically during the holiday season. Today, <a href="http://www.eadaily.com/15/elder-abuse-statistics/" target="_blank">more than</a> one in ten older adults will be victims of some form of elder abuse, with a collective <a href="http://blogs.reuters.com/reuters-money/2011/06/03/elder-financial-abuse-reaches-epidemic-proportion/" target="_blank">loss of almost</a> $3 billion a year.</p>
<p>Just before adjourning for the holiday, Congress passed a massive spending bill for the rest of this fiscal year. For the second year in a row, Congress failed to provide funding for the only comprehensive federal elder abuse prevention law &#8212; the Elder Justice Act. This is both shameful and shortsighted. Less than two years ago, in a bi-partisan basis, Congress enacted the Elder Justice Act and signaled its recognition that elder abuse is a growing problem that requires a coordinated and comprehensive federal response to effectively combat it. This law simply authorizes funds. A second bill must be passed to actually put the law into action. President Obama <a href="http://nyceac.com/news/elder-justice-act-appropriations-update-2012/" target="_blank">asked Congress to provide</a> $21.5 million in startup funds for the Elder Justice Act in his budget for 2012, and Congress ignored this request.</p>
<p>Victims cannot march on Washington to demand justice, and they should not have to. One victim, legendary actor Mickey Rooney did, when he <a href="http://abcnews.go.com/WNT/video/mickey-rooney-testifies-elder-abuse-actor-control-finances-stripped-health-13042199" target="_blank">testified</a> before Congress about his personal experience as a victim of elder abuse. Mr. Rooney drew many cameras to the hearing, but his story did not motivate the rest of Congress to provide critical funding.</p>
<p>We are about to start a new year. The focus for 2012 will be both policy and politics. Both parties will covet and compete for the older voter. Older voters continue to be the most reliable voter and their numbers are increasing. Older voters <a href="http://voices.washingtonpost.com/ezra-klein/2010/11/democrats_lost_big_because_you.html" target="_blank">represented</a> 23 percent of the voting population in 2010 &#8212; up from 16 percent in 2008. They respond to actions taken, not promises made. The older voter is concerned about threats to the future of Social Security and Medicare, and more directly, their own safety and financial security. Elder abuse is an ever present threat which must be thwarted, and they expect the federal government to be involved.</p>
<p>Our bi-partisan 3000-member Elder Justice Coalition intends to make funding for elder abuse prevention a political imperative to Congress and to candidates for President. Funding for the Elder Justice Act will promote jobs, protect older adults and prevent unnecessary spending by Medicaid and Medicare. The amount needed to fund elder justice is about $200 million a year, or about 5 percent of what was <a href="http://www.hhs.gov/news/press/2011pres/01/20110124a.html" target="_blank">recovered last year</a> by the federal government in fraud and waste in Medicare and Medicaid. It is time to end the shame and fund elder justice.<br />
<em>Robert B. Blancato is the National Coordinator of the Elder Justice Coalition, Washington D.C. www.elderjusticecoalition.com.</em></p>
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		<title>Financial abuse of the elderly is approaching a crisis, researcher says</title>
		<link>http://nyceac.com/news/financial-abuse-of-the-elderly-is-approaching-a-crisis-researcher-says/</link>
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		<pubDate>Tue, 27 Dec 2011 20:25:28 +0000</pubDate>
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		<description><![CDATA[http://www.philly.com/philly/business/136119793.html?cmpid=15585797 Financial abuse of the elderly is approaching a crisis, researcher says By Chris Mondics Inquirer Staff Writer Posted: Fri, Dec. 23, 2011, 7:00 AM Mark Lachs says an epidemic of thefts and fraud targeting the elderly &#8211; by lawyers, financial advisers, family members, and others &#8211; is fast becoming a national crisis. He should ...]]></description>
			<content:encoded><![CDATA[<p><a href="http://www.philly.com/philly/business/136119793.html?cmpid=15585797" target="_blank">http://www.philly.com/philly/business/136119793.html?cmpid=15585797</a></p>
<p>Financial abuse of the elderly is approaching a crisis, researcher says<br />
By Chris Mondics<br />
Inquirer Staff Writer<br />
Posted: Fri, Dec. 23, 2011, 7:00 AM</p>
<p>Mark Lachs says an epidemic of thefts and fraud targeting the elderly &#8211; by lawyers, financial advisers, family members, and others &#8211; is fast becoming a national crisis.</p>
<p>He should know.</p>
<p>Lachs, a geriatrician and social scientist at Weill Cornell Medical College in New York, is a leading expert on the financial and physical abuse of America&#8217;s aging population. He and a few other social scientists have begun to provide the first credible scientific reports on the extent of fraud and other financial exploitation aimed at the elderly.</p>
<p>Their work suggests that millions are victimized every year. But only a fraction of the incidents ever comes to the attention of authorities.</p>
<p>&#8220;There are millions and millions of people who are affected, and it is enormous in its scope; you go to a dinner, and everyone has a . . . story,&#8221; Lachs says. &#8220;If this were a disease, we would probably say it is an epidemic.&#8221;</p>
<p>Lachs, who did undergraduate work and a medical residency at the University of Pennsylvania, is a clinical practitioner in New York. He is also known internationally for his elegantly designed and penetrating epidemiological studies. His groundbreaking 1998 work on mortality rates of elderly victims of financial and physical mistreatment showed that victims die at a rate three times faster than those who have not been abused.</p>
<p>Lachs and his colleagues drew attention again in March with a study, based in part on a phone survey of 4,000 people over age 60 in which 4.2 percent of respondents said they had been the victims of financial fraud or exploitation in the preceding year.</p>
<p>The implications are sobering. Projected on a national stage, the results suggest that at least 2.5 million people over 60 are victimized by family members, financial advisers, scammers, and others. Even Lachs&#8217; tally was likely an undercount because elderly people suffering from severe mental decline, a group at high risk for being preyed upon, were not polled.</p>
<p>The resources lost in those schemes will not be passed down to heirs or donated to charities. Nor can the assets pay for nursing-home care. Elderly victims who lose their savings often turn to Medicaid, the government health-care program.</p>
<p>Just as troubling is Lachs&#8217; corollary finding: Only a tiny percentage of fraud cases ever come to the attention of authorities.</p>
<p>When Lachs and his colleagues compared the results of the phone survey with reports to law enforcement and social-service agencies, they concluded only one in 44 cases of abuse is reported. &#8221;I have no doubt,&#8221; Lachs said, &#8220;that financial fraud is by far the most common form of abuse of the elderly.&#8221;</p>
<p>For years, the primary source of data on the physical abuse and financial exploitation of the elderly came from the National Center on Elder Abuse, which since the late 1980s has culled information from reports by Adult Protective Services.</p>
<p>But data sets differed from one state to another, and not all states participated. Moreover, the data were collected for program management and funding requests, not scientific inquiry. Only in the last few years have social scientists and physicians such as Lachs begun to understand how much abuse is inflicted on the elderly.</p>
<p>The problem is getting worse. The Government Accountability Office says reports of fraud and other bad treatment are burgeoning as the aging of America&#8217;s population accelerates.<br />
In 2008, University of Chicago researchers interviewed 3,000 people between the ages of 57 and 85 asking whether they had been subjected to physical or financial mistreatment in the preceding year; 3.5 percent said that a caregiver, relative, or financial adviser had improperly taken their money. (Again, the research excluded those suffering from dementia and other mental decline.)</p>
<p>Similar findings emerged from a Justice Department study conducted by Ron Acierno, a professor of psychiatry and behavioral sciences at the Medical University of South Carolina. In a random phone survey of 6,000 people over 60, one in 20 reported suffering financial mistreatment at the hands of relatives in the preceding year.</p>
<p>&#8220;The majority of the research . . . has tended to obscure the issue of elder abuse rather than enlighten,&#8221; Karl Pillemer, a professor of human development at Cornell University and one of the first social scientists to quantify abuse of the elderly, said of past studies. Lachs &#8220;was one of the few physicians who would go to visit protective services. He combined his training as a physician and in public health and epidemiology, which really makes him a unique figure.&#8221;</p>
<p>The day his grandfather died of kidney cancer 41 years ago, 10-year-old Mark Lachs wept inconsolably. Other boys may have idolized race-car drivers or athletes, but Lachs&#8217; hero growing up was his feisty grandfather. Harold Fenster filled an emotional gap that opened wide when Lachs&#8217; parents split, and young Mark went to live with his mother.</p>
<p>Fenster taught his grandson how to body surf, ride a bike, and throw a baseball. Witty, athletic, and fun-loving, the prominent trial lawyer radiated authority.<br />
&#8220;He was a tough guy physically, and he was a tough guy intellectually, and he loved me,&#8221; Lachs said.</p>
<p>In the increasingly pivotal specialty of geriatric medicine, it is common for practitioners like Lachs to have had an elderly person play a central and often inspirational role in their lives. Lachs&#8217; fascination with unwrapping the riddle of elder mistreatment began serendipitously, while he was studying for a master&#8217;s in public health at Yale Medical School.</p>
<p>He had gone to Yale to study the intersection of public health and social programs under Alvan Feinstein, an early proponent of clinical epidemiology. Feinstein, a Philadelphia native, urged disease researchers to focus more on information gleaned from patients and less on lab work and public health records.</p>
<p>Lachs spent days in Feinstein&#8217;s classroom and nights working as an emergency room physician at Yale New Haven Hospital. A pivotal moment occurred when he oversaw the treatment of an elderly woman who arrived covered with cigarette burns, an obvious abuse victim. &#8221;It was horrifying and so unfathomable to me that someone could be physically treated like that,&#8221; Lachs said.<br />
He wanted to know how extensive such mistreatment was and whether physicians could do something to stop it.</p>
<p>An early role model was Colorado physician C. Henry Kempe, who had done the nation&#8217;s first serious epidemiological study of child abuse.<br />
In the early 1960s, Kempe noticed that children were arriving at Colorado hospitals with horrible injuries that could not be explained by normal activity. He concluded that many had been severely beaten by their parents.</p>
<p>Some parents and caretakers went beyond simply beating children to administering overdoses of drugs or exposing the child to natural gas or other toxic substances. His 1962 study coined the term &#8220;battered child syndrome&#8221; and became a classic. It not only helped to identify and quantify the problem, but also prescribed protocols for physicians to intervene and protect injured children.<br />
To Lachs and other researchers, the child abuse Kempe described paralleled in important ways the harm inflicted on many elderly, not only through physical abuse but also financial exploitation. The victims were defenseless, and the crimes were hidden and evinced an unspeakable depravity.</p>
<p>When Feinstein learned of Lachs&#8217; interest in elder abuse, he urged him to contact the local Adult Protective Services. Soon, Lachs was accompanying APS investigators on visits. What he saw troubled him.</p>
<p>The isolated and impoverished elderly he visited were living in conditions that promoted not only their physical abuse and financial exploitation, but eventually their very physical ruin.<br />
He realized that &#8220;there could be . . . an environment so enshrouding, so negative that you don&#8217;t need to be physically abused to suffer its ill effects.&#8221;</p>
<p>From those weekly visits emerged the concept for Lachs&#8217; first important epidemiological study. He hit upon the idea of correlating emergency room visits by elderly patients with abuse reports to the APS. A fundamental research issue was how to determine whether the visit was the result of abuse or some routine medical problem. He chose indicators such as accusations of abuse, or fractures and lacerations, that could not be explained and that might signal mistreatment. They were then evaluated by two physicians working independently of one another.<br />
More than a third of the elderly emergency room patients who had also reported abuse, he found, were likely there for injuries or other consequences of abuse, such as depression. Yet attending physicians treated only the physical symptoms.</p>
<p>The emergency room visits, in other words, were missed opportunities to tackle a larger problem.</p>
<p>The study led Lachs to design yet another project, this one aimed at nailing down survival rates for elderly abuse victims.<br />
In 1998, Lachs, Pillemer, and others published findings in the Journal of the American Medical Association. Theirs was the first longitudinal study on the subject, meaning it followed subjects over time, in this case for 13 years.</p>
<p>To this day, their work remains the only epidemiological research quantifying the effect of financial exploitation, neglect, and physical abuse on elderly survival rates. Adjusting the results for chronic diseases, race, income, marital status, and the quality and strength of social networks, the key finding was that abused members of the study group died at three times the rates of those who had not been mistreated.</p>
<p>In the dry and technical language epidemiologists favor, the group reported that &#8220;the need for adult protective service generally and elder mistreatment specifically were independent predictors of early death.&#8221;</p>
<p>The study offered no medical explanation for why abuse victims might die sooner than others; it was not designed to do so. But Lachs finds the answers self-evident.</p>
<p>Apart from the chance that abuse victims might succumb to the effects of their injuries, he sees many nuanced linkages between exploitation, abuse, and failing health. Even if the injuries are minor, they can create a climate in which the patient might be less likely to perform tasks of daily living, such as taking key medications. In cases of financial fraud, a patient might become deeply depressed over having to live without sufficient financial resources, the accumulation of a lifetime.</p>
<p>&#8220;The mind-body connection is very, very strong,&#8221; Lachs said. &#8220;You don&#8217;t have to be a doctor or a scientist to know that when you have good social networks that you are more connected with the world and you feel better.&#8221;</p>
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