NO EXCUSE FOR ELDER ABUSE

Elder Abuse is real. In some cases it is a family member that is being abusive, sometimes a guardian, and often a private hire that has not been properly vetted. There are reasons elder abuse abounds in our area. This article will educate you on the red flags to look for and what you should do if you suspect something.

Many folks think it will save them time and money if they hire a caregiver or companion privately, rather than work with a home health agency or a registry. Think again before engaging caregiving staff for in-home services on your own! If you are looking to hire a caregiver privately as a household employee, you may be putting yourself, your loved one, and your family’s safety at risk – here’s why!

Detective Erin Giannotti from the Palm Beach County Sheriff's Office warns that crimes against the elderly are not limited to theft, but also include battery. The PBSO Financial Crimes Unit investigates elder exploitation cases every year and has determined almost 30% of the perpetrators were non- family member caregivers. Those are scary statistics. Nearly 5,000 older adults were victims of crime in Palm Beach County in 2018. Burglary, with 1,583 cases, was the most common crime, followed by fraud or theft, with 1,324 cases. Florida’s Adult Protective Services PBC “Hotline” receives over 220 calls per month for elder abuse and exploitation.

Why does elder abuse abound in our area? Dishonest caregivers and family members or guardians can easily prey on the elderly because:

• Shame and embarrassment prevents the elderly from admitting they are being abused financially, emotionally or physically;
• They blame themselves and see it as their own mistake;
• Those with dementia, are vulnerable to exploitation, abuse and neglect because they are not likely to recognize and less able to report it; and
• Items stolen can be made to appear misplaced by a forgetful Senior.

If you leave your loved one alone with a caregiver, or allow the caregiver in your home unsupervised, be sure they do not have a criminal history! Don’t be a part of the problem. You enable a dishonest caregiver to prey on your elderly loved one when:

• Decisions are made about whom to hire in the home happen in an emergency, when all parties are under pressure, exhausted and feeling emotional. You may let your guard down, lower your standard, or miss red flags, or
• Due to the necessity of a timely choice, or the stress involved in the situation and arguing family members, a poor decision is made about whom to hire and there is no proper due diligence.

Watch for red flags! Exploitation is often not discovered until too late - the bank account is already depleted, there is bankruptcy, or the home has been lost! Be on the lookout for:

• Changes in the availability of the loved one for a visit, or phone conversation, due to isolation,
• The caregiver makes way too many trips to the bank or ATM,
• Unusual spending patterns –
  • Mom buys golf clubs and doesn’t golf
  • Caregiver is sporting a brand-new wardrobe or expensive jewelry
• A lonely older man becomes susceptible to the charms of an inappropriate woman, or inordinately younger woman, or vice versa.

Some of those “preying on the greying” who abuse vulnerable adults are former employees of home care agencies who work for less than agency rates, because they were fired after committing a crime. How do you keep a loved one from becoming a statistic? Whether employing a private caregiver directly or using a homecare company, it is critical that the caregiver is screened through a comprehensive criminal background check. Too often, this is either not done at all or the screening procedure used is inadequate.

Florida Requirements:

• Florida requires all caregivers working with an agency or a registry to have a Level 2 Background Screening. Level 2 generally refers to a “…state and national fingerprint based criminal history record check and consideration of disqualifying offenses.”
• Palm Beach County now requires ALL caregivers, including private caregivers, Independent Contractors, and those working as household caregiving employees, to be licensed and to complete a fingerprinting and criminal background check similar to the State requirement.
• Home-care agencies already require caregivers to undergo fingerprinting and a background check - they must provide the county with an affidavit attesting to satisfactory completion. The caregiver is still required to be photographed and obtain a physical county license and ID Badge.
• Those who have committed a serious criminal offense such as fraud, elder abuse or exploitation, homicide, burglary or theft, are ineligible for the county license which must be renewed every five years.

It is still not enough. There is a difference between a simple background and thorough criminal history checks,  the driving records could reveal DUIs, and there is an “underground” of HHAs, Caregivers, and Companions may try to get hired privately as household employees because of a need to avoid background checks and fingerprinting due to prior complaints or crimes.

There are advantages to hiring Agency employees vs household employees:

• Safety risk is minimized because certificates, licenses, references, criminal background checks and County ID Badges have all been checked. Employees are then bonded and insured.
• An agency will have high performance standards, adhere to state regulations for compliance, employ quality assurance practices, provide caregiver training, and be able to provide back-up care for vacations, illness, etc.
• The agency will require CPR certifications, TB test, and confirm that other health and wellness standards are met.
• The agency provides an experienced caregiver that arrives pre-screened, trained and is under the supervision of the agency.
• The caregiver knows how to safely care for your loved one, transfer them from a wheelchair, give them a bath, etc.
• If the caregiver becomes ill, the agency will be responsible for a backup.
• You don’t have to worry about payroll, tax withholding, or financial liability.
• You are protected by the contractual nature of the relationship.
• If the caregiver is injured, there is workman’s comp provided by the employer to cover the medical bills.
• You have peace of mind because a home assessment has been made by the agency nurse regarding your loved one’s needs, there is a plan of care, and follow up by a clinician for quality assurance.

There are two risks with private caregivers which should keep you up at night: criminal intent and negligent harm. How do you find peace of mind?

• Some household employees may want to be paid “under the table” – don’t do it. This makes their employment/status hard to verify, so this is a red flag for sure.This is also illegal. If your relationship with your caregiver is illegal, they know there's less chance that you'll report abuse, theft, or other issues.
• Don’t feel guilty - discreetly check in on your private caregiver! Be alert for signs of trouble – trust your instincts.
  • Use monitoring technology like video or audio – be upfront about it (state law may require you have prior permission)
  • Secure your valuables, including jewelry
  • Keep an eye on checkbooks and credit cards, monitor bank accounts
• Keep a log of accidents and irregularities like:
  • Things disturbed or misplaced/missing that shouldn’t be
  • Your loved one shows fear, agitation, unusual mental or physical symptoms
  • The caregiver is hyper focused on the phone or computer
  • Instructions ignored or followed poorly by the caregiver

Finally, don’t be silent. If you suspect wrongdoing report it. What should you do?

• If it is an emergency situation call 911
• Report the crime anonymously by calling "Crime Stoppers" at 800-458-TIPS or (1-800-458-8477).
• File a police report online with the PBC Sheriff here: https://reporting.pbso.org/dors/Coplogic/start-report.html
• Contact Adult Protective Services which is part of the Florida Department of Elder Affairs:http://elderaffairs.state.fl.us/doea/aps.php
• Call DCF’s Florida Abuse Hotline at 1-800-96-ABUSE (1-800-962-2873).

CONTACT US: Hiring privately isn’t always cheaper – and it can be risky! Remember that reputable home care agencies like Visiting Angels of the Palm Beaches have generally operated in their location for many years and have a solid roster of vetted caregivers. We have policies, procedures, and standards in place that work for recruitment and retention of the “best of breed” in their market. Visiting Angels allows you to interview caregiver candidates to find a good match personality wise, and skill wise, for the best outcomes. Those employees will be licensed AND bonded, well trained and have workman’s compensation in case of accident. We have a 94.4% client satisfaction rating and have been awarded the Best of Homecare – Provider of Choice Award for 7 years in a row. Call us for a free consultation at 561-328-7611.

Till Next Time!

Irv Seldin, JD, President and Owner, Visiting Angels of the Palm Beaches

Nothing in this article should be considered legal, medical, or financial advice