Vulnerability

For decades, this woman had personified New York style and philanthropy. Her late husband’s name belonged to the city’s earliest history. At 105 years of age, she might have been expected to live in old age securely if not serenely.

Brooke Astor’s social standing, however, did not protect her from the same crime that many another old woman (and man) undergoes. She was robbed of her wealth by a member of her own family.

Her son, Anthony Marshall, age 85, and his lawyer, Francis Morrissey, managed to fleece Mrs. Astor of a large part of her fortune. Thanks to Mrs. Astor’s grandson, who exposed the scam, Marshall and Morrissey were convicted of their crime and are now awaiting sentence.

I cite this already well-publicized case because, on a grand scale, it illustrates so clearly the crime of elder financial abuse. What makes it unusual is that the violators were caught and convicted. In 13 out of 14 such situations, the crime does not even get reported.

The estimated losses suffered by older Americans through financial crimes come to a whopping 2.6 billion dollars. The general public seems vaguely aware of how older people are sometimes exploited and often lose their life’s savings, but thus far no outcry has provoked strong action against the perpetrators of these crimes.

But there is good news on the horizon. From now on the federal government will take some pains to remedy the situation. Thanks to passage of the Elder Justice Act, a part of the recently enacted health care reform legislation, Washington will make resources available for fighting this violation of human rights.

Incidentally, this column reported back in April that the new health reform law included a section on prevention of elder abuse. This provision was not widely reported at the time —not surprisingly, because it was part of a complex bill that was 2400 pages long.

Before being attached to the reform bill, the Elder Justice Act had for years  enjoyed widespread support in both the House and the Senate. Among others, Senators Orin Hatch and Blanche Lincoln were strong advocates, and they were joined by the White House chief of staff Rahm Emmanuel when he was in the House of Representatives.

Since 2002, strong and painstaking advocacy had come from the Elder Justice Coalition, a 622-member non-partisan group spearheaded by Bob Blancato, who has long been a respected voice for vulnerable older Americans. In June, when I took part in the Age Boom Academy in New York, I had the pleasure of hearing Bob recount how, step by step, the legislative victory finally happened.

Financial exploitation is not the only form of elder abuse covered in the new law. It also includes measures against other kinds of offenses, such as physical or verbal assaults against old people, and various forms of neglect.

In Massachusetts, we already have a well-developed system of protective services. Administered by the Executive Office of Elder Affairs and the state network of home care non-profit agencies, the system gives older residents recourse if they are being abused. Unfortunately, this needed service has recently fallen victim to cuts in its already inadequate budget.

The federal Elder Justice Act authorizes money for the states to strengthen these agencies.  It would be welcome news to hear of this actually happening in the near future.

Money will also be available for protecting residents of nursing homes. One would like to imagine that abuse does not ever take place in these long-term care facilities. However, only one in ten nursing homes currently meets federal standards, so we cannot assume that they all safeguard the rights of their residents.

One form of protection of residents will be ensuring that those hired to work in nursing homes will have passed crime checks. This provision will serve as yet another safeguard against the possibility of violating the rights of residents, many of whom are highly vulnerable to abuse.

The total federal money authorized in the Elder Justice Act comes to 777 million dollars. However, advocates point out that money being authorized is not the same as money being appropriated. In a tough budget year, that transition will probably be difficult.

It is not easy to predict how much money Massachusetts will receive, when that will happen, and whether the money will go to the protective services budget.

Still, whatever the money problems, federal action to protect older Americans from exploitation remains reason for rejoicing. In time, we can hope for changes to occur that will benefit vulnerable elders.

After discussing the issues with John O’Neill, the respected longtime director of our regional elder service agency, I felt myself to be on the right track. “It is a good thing,” John says of the new legislation, even though he knows that making it work well for the benefit of those in need will be no easy challenge.