LANSING – House Democrats 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 House Democrats' ongoing effort to strengthen Michigan's faltering consumer protection laws.
"Our seniors are our parents, grandparents and loved ones who have worked hard their whole lives to give back to their families," said State Representative Mark Meadows (D-East Lansing), lead sponsor of the plan. "Elder abuse is an unconscionable act that happens all too often, and we must ensure that our seniors are protected both financially and physically. This package of bills increases safeguards for our seniors and creates stronger penalties for those who try to take advantage of 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 Democrats' 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.
"Simply put, the penalties and protections currently on the books are not strict enough when it comes to stopping elder abuse," said State Representative Andy Neumann (D-Alpena), Chair of the House Senior Health, Security and Retirement Committee. "Our plan sends a clear message that we will no longer tolerate the mistreatment of seniors here in Michigan. It's time we ensure that those who have cared for and provided for us are being protected."
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.
"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."
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.
"Michigan law needs to better protect our seniors from abuse and exploitation," said State Representative Kate Segal (D-Battle Creek), a sponsor of the plan. "Our plan gives those on the frontlines in the fight against elder abuse the tools they need to prevent and stop it. This legislation is about increasing the disclosure of our seniors' rights and creating avenues for reporting crimes that are often swept under the rug or ignored."
To report a suspected case of elder abuse, residents can contact the state's 24-hour hotline by calling
(800) 99NOABUSE (996-6228).