ELDER ABUSE

Information from the County Attorney's Office

By Steven J. Franzen, Campbell County Attorney

As our loved ones age, they require greater care, understanding and compassion from family and friends.  The elderly often become frail, and are more dependent on their primary caregivers, be it a spouse, a child or a trained employee of a care-giving institution.  Unfortunately, they all too often are susceptible to abuse by those very caregivers.

As our population continues to grow older and older, the incidence of elder abuse will rise.  In 2015, the Kentucky Cabinet for Health and Family Services received 30,037calls for elderly abuse and neglect with over 12,618 meeting the acceptance criteria for investigation under Kentucky Revised Statute.  Some experts’ estimate that only one out of 14 domestic elder abuse incidents (excluding self-neglect) comes to the attention of authorities.  Elderly abuse can take on many faces: physical abuse, sexual abuse, emotional or psychological abuse, neglect, and financial exploitation

Laws concerning the abuse or neglect of older people vary from state to state.  Kentucky categorizes negligence under domestic violence in its Kentucky Adult Protection Statute, and often the penalty is determined by the state criminal codes.  The statute also stresses that anyone (physician, law officer, friend) suspecting neglect of an elderly person is required to report this belief to the community Department of Social Services; then the department will assign a social worker to investigate the situation and make an assessment based on the worker’s observations.

The signs of elder abuse can manifest themselves in several ways.  Some indications include extreme withdrawal, dehydration, untreated bed sores, poor personal hygiene, unclean living quarters, or bruises and cuts.  Many times this abuse goes unnoticed due to “family secrets” or because outsiders aren’t looking to spot these symptoms.

The County Attorney’s Office has in the past and I am sure will in the future prosecute cases involving elder abuse.  However, our senior citizens cannot be protected through the judicial system if cases of abuse are never reported.  If you suspect someone you know to be a victim of elder abuse, you are required by Kentucky Revised Statute to report it.  You can report abuse at the 24 hour toll free hotlines at either 1-877-597-2331 or 1-800-752-6200.  I would also note that calls can be made anonymously.

Caring for an aging loved one is difficult for everyone involved.  The burden can be heavy, so don’t be afraid to ask for help.  There are more and more resources available, such as adult day care centers, nursing homes, in-home care and support groups.  Before your burden starts to take a toll on the type of care you give your loved one, please seek help.

I hope this information is interesting and helpful.  If you have any topics you would like to have covered in this column, please contact my office by e-mail at countyattorney@campbellcountyky.org, by phone at 491-7700 or by regular mail addressed to 319 York Street, Newport, Kentucky 41071.

CAUTION IN CHARITABLE GIVING

Information from the County Attorney's Office

By Steven J. Franzen, Campbell County Attorney

As we get into the holiday season, many of us get letters and phone calls requesting contributions to various charitable organizations.  Most charities receive most of their donations between Thanksgiving and Christmas.  The vast majority of charities do very wonderful work for the needy and we are certainly fortunate to have so many people dedicated to serving others. 

However, there are always a few rotten apples in the charitable organization barrel that can spoil the entire process and give a bad name to the legitimate charities.  We all need to make wise choices in donating money because some organizations that claim to be charities may not be entirely legitimate.  It is important for people to take the time to make sure that whatever money or items they are donating will be used appropriately.  Any honest and legitimate organization will be willing to share pertinent information with potential givers.

When charities contact you asking for donations, it is a good idea to ask that charity to provide written information about the organization including the exact name of the organization, the organization’s purpose, tax identification number, and how much of each dollar is used for true charitable purposes.  Some groups use names that sound like established charities in order to confuse potential donors.

Givers should be wary of the following tactics that many fraudulent organizations use:

1. High pressure calls and mail solicitations that emphasize emotional content but contain little or no substance;

2. Charities that won’t send written material until you donate.  Some may use the excuse that it is too costly or that there isn’t enough time

3. Phone calls and letters telling people that they have won money or charitable prizes from a charity, but that you need to send in some money to collect the prize.  Also some organizations may send letters stating that you have already pledged money to that organization.  You shouldn’t send money unless you are one hundred percent sure that you did indeed pledge money to the organization;

4. Callers who want to send someone over to pick up the contribution rather than it being sent at a later time.

Unfortunately many unscrupulous people and organizations tend to prey on our older citizens.  Many elderly citizens tend to be more trusting and generous.  We should all be careful to never give cash or credit card numbers to strangers posing as employees of charitable organizations.  Checks should always be made payable only to the full name of the charity.

If you feel you have been scammed by a fraudulent charity, you should contact your local police department to investigate the matter or come to the County Attorney’s Office to file criminal charges if you feel you have sufficient information.  Criminal charges can be filed against fraudulent organizations claiming to be charities.  Theft by Deception involving less than five-hundred dollars ($500) is a Class A Misdemeanor with punishments ranging up to 1 year in jail and a $500 fine.  Moreover, you can contact the Attorney General’s Office and they may be able to prosecute the matter under the Kentucky Consumer Protection Act

I hope this information is interesting and helpful.  If you have any topics you would like to have covered in this column, please contact my office by e-mail at countyattorney@campbellcountyky.org, by phone at 859-491-7700 or by regular mail addressed to 319 York Street, Newport, Kentucky 41071.