October 08, 2014

CEA Meeting Minutes from 10/7/2014

October 7, 2014 Council on Elder Abuse Meeting Notes

- Introduction by Kathy Kanaley
- Creation of enhanced multi-disciplinary team
  - Possible subcommittee on financial abuse
- Aging training went very well
- Made mention of several upcoming events and trainings. These can be found on the website under “Events”.
Presentation by Candy Vogel
- Power of Attorney
-If a person has a POA, that does not mean they no longer have capacity. They still have capacity and have only given additional power to POA, not all of the power.
- White Collar Crimes involve permission and authority
- Common question asked: why did the older adult give permission and authority to the individual?  Counter question: did the older adult understand what they were doing?
- If the person did not have capacity, and the victimizer knew that, permission and authority do not matter.
- There are issues looking back to examine what the person’s mental state was at that time. The statute of limitations is five years in most cases.
  - It is important to think about what the jury is thinking
  - Larceny by false pretenses
- individual lied to the victim about a present existing or past existing fact in order to get money
    - Issue: can the person remember what they were told back then?
    - Issues with defining ownership and persecuting larceny
  - Embezzlement and forgery
- Types of restitution
- Friends and family plan - people from these groups agree to contribute money on behalf of the defendant
  - Confession of judgement
  - Diversion program
- Discussion of an issue concerning a patient who has been severely neglected by family. The man is totally malnourished and isolated.
- Question was directed from Candy to Rachel Newton, also from the DA’s office
- Discussion ensued about the protocol hospital staff must follow. They make a call to their corporate legal office first.
- Patients that end up in hospitals from suspected abuse in a nursing home will have a report made for them. No report on regular physical abuse will be made from hospital staff due to possible legal issues.
- Discussion on the necessity of state wide mandated reporting for elder abuse
- NY is the only state to not have that in place
- Possible letter writing campaign to push for this
- Idea to find out the champion for the rights of elders and get legislators and representatives on board with the cause.
- Documentation is huge for building these cases.
- Hispanics United of Buffalo is planning to open an adult daycare program within the next 60 days.
- Looking to get help with training staff about elder abuse and how to properly treat clients.
- Check-in with law enforcement agencies.
- Brian Mohr: dealing with issues on the reservation.
- Kenmore police department: nothing pressing at the moment. Older adult advocate is still working in the office.
- Town of Tonawanda: officers underwent crisis intervention training to properly deal with mentally disturbed persons. This is beneficial for their interactions with older adults with dementia. Officers on patrol have learned to contact Adult Protective Services right away.
- Erie County Sheriff’s Office: nothing pressing to report.
- Miguel Santos spoke about his work with Niagara County and the City of Buffalo regarding disaster preparedness for people on life support.
- Goal is for agencies and organizations to be aware of the needs of these people should there be a terrible storm, etc.
- Several agencies contributed information and they will try to link up and form a plan of attack

- The next meeting will be on November 5, 2014 at 9 am at Meals on Wheels (100 James E Casey Drive)
**Please bring calendars to this meeting because the council will be discussing the 2015 meeting schedule