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Elder Abuse Protection and Senior Citizens

Updated on September 24, 2009
Senior Citizen by blackpitshooting
Senior Citizen by blackpitshooting

The sad truth is that seniors are easy targets for abuse. They often has lost physical and mental faculties, and they can be seen as burdens to caregivers or the people who should be their caregivers. Most states have protective services for people who cannot provide for their own care. Those provisions vary widely in scope, some with reporting requirements and some without. You should check the provisions in your own state to understand the provisions, regulations, and services.

Guardianship and civil commitment procedures are common now for people who are incapacitated or legally incompetent. Many states have domestic violence legislation that is often directed primarily at spouses. Of course, there are laws against assault and injury of a person regardless of age. But case of senior abuse often have special circumstances. The victim is often unable to seek help or report abuse. He or she is dependent and often unknowledgeable of remedies available to them. Too often enforcement mechanisms are weak and and inadequate.

The most important aspect of guarding against elder abuse is that someone must report suspected cases of such abuse. That abuse can merely be neglect or exploitation. It does not have to be physical abuse. Different states have different mandates for the appropriate agency to investigate the reported abuse. There is no uniformity among various state statues. Language is often vague, definitions unclear, stipulations confusing.

Statues will often cover the following:

  • Physical abuse

  • Negligence

  • Financial abuse

  • Psychological abuse

Abuse can sometimes be retaliation on the part of a child for real or imagined mistreatment by a parent when that child was young. Sometimes it is simply the result of having to deal with another dependent unexpectedly. Sometimes it is a reaction to financial problems. This can be exacerbated by reduced government benefits to the senior when they live with a their families.

In some cases, the senior will become the ward of the state as a result of Adult Protective Services laws. The senior has to offer consent for these services or be rule incapacitated to do so. In this case, the state become a public guardian of the senior.

Most states do their best to be the least restrictive alternative when it must intervene as a senior's guardian. This recognizes the state's responsibility to provide care and protection with the least restrictions on the subject's liberty and civil rights. Unfortunately, because statues are often vague, poorly defined and sometimes contradictory, the state often takes total dominion over elderly clients.

The wise senior citizen will do his or her best to avoid this possibility in the future.

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      Charles Anthony Davis 6 years ago

      Certified Mail Receipt: 7002-0460-0002-2092-5157

      E-MAILED: AskDOJ@usdoj.gov.

      United States Attorney General

      Honorable Eric Holder Jr.

      U.S. Department of Justice

      950 Pennsylvania, NW

      Washington, DC 20530-0001

      Charles A. Davis

      4459 Tank Road

      Terry, Mississippi 39170

      E-Mail: tbaildav@bellsouth.net

      Cell: 601.506.7709

      Honorable Eric Holder Jr.

      Sir, I am seeking your help into investigating the false and illegal acts being committed against our Senior Military Veterans who are requesting Veterans Administration Aid and Attendance special pensions. The greed of these companies in using our aging Military Veterans who advance age is being manipulated so that these companies can rent their apartments in order to make money from the Veterans Administrations when they knew in advance that they did not meet the criteria to house our Senior Military Veterans. I would have filed a complaint to the State of Louisiana Veteran Administration but I have some concerns which I have listed below.

      I am a former employee of Holiday Retirement Corporation. My wife and I were assigned to the Holiday Retirement Senior Citizen Independent Community, in Baton Rouge Louisiana. The property name was Whealdon Estates located at 8680 Jefferson Hwy. We were hired as co-managers of this community and started our position on March 7, 2011 and we were forced out of our positions on April 21, 2011 due to what we believed were numerous illegal acts by the Community Manager, Community Sales Leader and the Regional Manager. As co-manager we were required to make calls in order to have Retired Veterans to move into our community. This is where we felt that illegal tactics and false information was being used in the recruitment of Retired Military Veterans in order for Holiday Retirement Corporation to fill all the apartment vacancies in their Community/properties.

      Certified Mail Receipt: 7002-0460-0002-2092-5157

      Once a month under the disguised of a Free Community Health and Wellness Health Fair and Aid and Attendance Seminars which Holiday Retirement hosted for Senior Citizens from the communities of Baton Rouge. The real issue was not the Health and Wellness Seminar but for our Whealdon Estate Community Sales Leader would give a lecture on how Veterans could claim their special pensions under the Veterans Administrations Aid and Attendance for Veterans. This is where the illegal and questionable acts occurred.

      1. The Community Sales leader advised the attending veterans that he had a source at the Veteran Administration Office in Baton Rouge Louisiana where he could walk their application through in order to reduce qualification time; if there was a small fee for this I could not verify because all of the information was placed in a special file where we were not given access.

      2. The Community Sales Leader publicly explained that if they did qualify due to their income that he would show them how to hide their assets so that they could qualify.

      3. In order to entice the Veterans into moving into Holiday Retirement Properties agreed/allowed the Veterans could move in and only pay the difference in the rent until they got their special pension. The Veterans were required to sign a special contract agreeing to pay all back rent when the Community Sales Leader got them approved. They were also required to sign the normal Holiday Retirement leasing contract.

      4. The Community Sales Leader advises individuals that had Power of Attorney were also required co-signs the agreement in order that Holiday Retirement Corporations guaranteeing that they would receive their back rent.

      This is where the problems begin; over 95% of Holiday Retirement Properties are Independent Living Communities and not Assisted Living Communities. They are not licensed to be Assisted Living Communities. They have also not been approved and license by the State or the Federal Government as an Assisted Living Community. They also have not been approved by the State Health Department as meeting the qualifications of an Assisted Living Facility. Finally the Baton Rouge Fire Department was not informed that this Community was now an Assisted Living Facility. The Baton Rouge Fire Department did not established occupancy, types of emergency exits required, approved methods for the proper care of oxygen etc. nor have they received the all State and Local Permits for an Assisted Living Facility.

      Nosal Partner LLC, Harvest Management sub, LLC, DBA Holiday Retirement knowingly and with full knowledge intentional conspired to defraud the United State Veteran Administration Aid and Attendance program for Military Veterans in order to receive financial gain by leasing their apartments to Military Veterans when their charter and advertisements clearly stated that their properties were for Independent Senior Citizens Living and not assisted living.

      Certified Mail Receipt: 7002-0460-0002-2092-5157

      Managers and co-manager including the community employees have not been trained in CPR, Basic First Aid which would be a requirement in an Assisted Living Facility. Holiday Retirement forbids even assisting residents that have fallen as they stated we are an Independent Living Facility not an Assisted Living facility. We are not allowed to assist residents in their personally hygiene, dressing, feeding or assisting them with their medication. There were no special dietary provisions or meals or special need individuals.

      Nosal Partners LLC, Harvest Management sub, LLC, DBA Holiday Retirement also conspired with outside Health Care Service Companies providing them with free office space in order to use their organization to provide and meet the requirements of the Veterans Administration Aid and Attendance Special Pension program. These specially selected by the Community Sales Leader new Health Care Services Companies was also charging the Military Veterans additional charges for services such as sitters, Hygiene needs, feeding and disbursement of medications. Their manipulation and the false misleading promises to our Senior Military Veterans in order to get them to rent their property should be investigated. The intentional acts to defraud our Veterans out of their Aid and Attendance Pension should be investigated and these companies and individual should be prosecuted to the fullest extent of the law. The company should be required to return all the illegal funds paid out by Veteran Administrations to Military Veterans Resident currently residing in the Holiday Retirement communities. The Veteran Administration should place stiff fines of these companies to let them and other companies or individuals that would take advantage of or Senior Military Veterans. I lost my job because I decide to become a Whistle Blower in order to stop the illegal act being committed and supported by Nosal Partners LLC, Harvest Management sub, LLC, DBA Holiday Retirement and their managers. If you need any assistance in this mater please contact me at anytime.

      I am requesting that you please investigate this matter as soon as possible. The longer our Military Veterans stay at these properties they will not receive the care and respect that they deserve from our country and their suffering will continue. Thank-You for your immediate attention into this matter because the longer we wait the more of our Senior Military Veterans are open to abuse and possible death.

      Charles A. Davis

      tbaildav@bellsouth.net

      601.506.7709

      Certified Mail Receipt: 7002-0460-0002-2092-55164

      E-MAILED: AskDOJ@usdoj.gov.

      United States Attorney General

      Honorable Eric Holder Jr.

      U.S. Department of Justice

      950 Pennsylvania, NW

      Washington, DC 20530-0001

      Charles A. Davis

      4459 Tank Road

      Terry, Mississippi 39170

      E-Mail: tbaildav@bellsouth.net

      Cell: 601.506.7709

      Honorable Eric Holder Jr.

      Sir, I am writing this letter to you to bring to your attention to the recent tragedy that occurred at Holiday Retirement, Whealdon Estates, located at 8680 Jefferson Hwy, Baton Rouge Louisiana. A resident of this community committed suicide on August 5, 2011. The person that committed suicide was a Mr. Fred Hughes a Veteran of W

    • profile image

      STANLEY PAOLINI 7 years ago

      I understand that California American Automobile Association may turn dawn a Claim on windshield replacement if the Car is "to old" and the glass is replaced by a Mercedes Dealer rather than a "contract organization and if a claim was requested by a senior who's car is near two years old in fine condition. Stanley B Paolini

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