ROSEVILLE – Five local lawmakers today unveiled legislation to combat the reprehensible practice of elder abuse in Michigan by strengthening consumer protections for seniors and increasing penalties for those who financially exploit them. The legislation is part of the lawmakers' ongoing effort to strengthen Michigan's faltering consumer protection laws.
"There are many reasons that seniors don't report abuse," said State Representative Jon Switalski (D-Warren), a sponsor of the plan. "Some are embarrassed or fear retaliation from their so-called caregivers if they initiate complaints. Others simply don't know where to turn for help. Our plan tackles this problem head-on by increasing safeguards for seniors, encouraging the reporting of abuse and creating stronger penalties for the people who try to abuse them."
Elder abuse can include abandonment and neglect, financial exploitation, and emotional, physical or sexual abuse. According to the National Center on Elder Abuse (NCEA), the crime is vastly underreported. The House plan seeks to address elder abuse by:
- Increasing penalties for cheating or defrauding seniors, including establishing felony charges and banning abusers from inheriting the estate of their victim.
- Empowering concerned citizens to file criminal complaints to stop and prevent abuse cases in nursing homes and elsewhere.
- Strengthening consumer protections by requiring financial institutions to do more to disclose the rights of seniors and create new safeguards against fraud.
- Creating the "Mozelle Alert" – an alert mechanism to notify the public in cases of missing endangered seniors, similar to the Amber Alert. The alert is named in honor of Estella Mozelle Pierce, a senior who died after wandering from her Southwest Detroit home.
"Elder abuse isn't just about physically harming someone – it's also about financial exploitation," said State Representative Sarah Roberts (D-St. Clair Shores), a sponsor of the plan. "Anyone who financially abuses an elderly person should not be able to profit from it, but right now that's how it works in Michigan. We need to create stronger laws that will protect our seniors and safeguard what they have worked hard for all their lives."
Reports of elder abuse have increased 40 percent since 1998, according to the Michigan Department of Human Services. Michigan's Adult Protective Services received more than 16,300 reports of adult mistreatment in 2008. Based on estimates of how often abuse goes unreported, this suggests that more than 73,000 of Michigan's adults are abused every year, according to the NCEA.
A 2006 study conducted by the NCEA found that women are more likely than men to suffer from elder abuse or neglect, with two out of three elder abuse victims being women. The study also found that 54 percent of elder abuse cases involve members of the victim's family and that one out of every four cases involves financial exploitation.
"Every year, thousands of Michigan's seniors suffer abuse at the hands of those who are entrusted with their care," said State Representative Jennifer Haase (D-Richmond). "We simply cannot let this mistreatment continue any longer. The Elder Abuse Protection plan will ensure that after a lifetime of service to our communities, that our senior population is protected."
An Ottawa County tragedy demonstrates the need for stronger laws against elder abuse. Carol Maneke was recently sentenced to just four months in jail for leaving her 87-year-old father, Max Canfield, in squalid living conditions in a Tallmadge Township duplex. Maneke lived in the adjacent half of the duplex and was her father's legal guardian.
After Canfield's granddaughter became concerned about his welfare in 2006, police and social workers found the decorated World War II veteran lying on a soiled mattress and surrounded by adult diapers, trash, and animal feces all around. They had to tape and seal their pant legs before entering the roach-infested duplex. Canfield died in a hospital from malnutrition a week after being rescued from the home.
Under the Elder Abuse Protection Plan, Maneke could have been subject to a much longer sentence than the one she received.
"Elder abuse is a crime that often gets swept under the rug," said State Representative Harold Haugh (D-Roseville). "In many cases, the very people who are charged with caring for our seniors are the ones who prey on them. Whether it be physical, emotional or financial, elder abuse is a reprehensible act – one that needs to be addressed here in Michigan."
State Representative Lesia Liss (D-Warren) said: "During my years as an emergency room nurse, I saw heartbreaking cases of seniors who had been seriously hurt or neglected. Far too often, people get away with abusing older residents just because our laws are not strong enough and citizens don't feel empowered to report the abuse. This plan sends a clear message that we value our seniors and will help stop elder abuse from happening in our communities."
To report a suspected case of elder abuse, residents can contact the state's 24-hour hotline by calling
(800) 99NOABUSE (996-6228).