CANTON – A coalition of Wayne County legislators 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 the lawmaker's ongoing effort to strengthen Michigan's faltering consumer protection laws.
"Our seniors deserve the respect they've earned from the many years of hard work they gave to provide for their families," said State Representative Dian Slavens (D-Canton), a sponsor of the plan. "It's deplorable that seniors are being abused or swindled simply because the laws on the books aren't strong enough. This plan will empower Michigan's seniors and help put an end to this unbridled cruelty."
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 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.
"Too many of our seniors are victimized, often by the very people they trust to care for and protect them," said State Representative Marc Corriveau (D-Northville), a sponsor of the plan. "It is heartbreaking when seniors sign over control of their bank accounts, only to have their caretaker steal the money they worked all their lives to save. This plan will shore up disclosure of seniors' rights, which will protect their financial assets so they can remain independent as long as possible."
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.
"It's outrageous that right now in Michigan, someone can abuse, torture or even kill an older person and still inherit from their estate," said State Representative Bob Constan (D-Dearborn Heights). "Our plan fixes that loophole, and it makes other laws stronger so social workers, police and prosecutors have the tools to stop people who try to harm our seniors – both physically and financially."
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 filthy 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. 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.
"We must safeguard Michigan's seniors from abuse and exploitation at the hands of these predators," said State Representative Douglas Geiss (D-Taylor). "I urge my colleagues to help us pass this plan and send a clear message that Michigan will not tolerate those who steal everything for which our seniors have worked and saved their entire lives."
State Representative Richard LeBlanc (D-Westland), said: "It is unacceptable when any senior is abused or exploited, but it's especially upsetting that more seniors are being abused or exploited each year in Michigan. We have to send a clear message that elder abuse is a serious crime that has serious consequences. This comprehensive plan will help prevent the abuse and neglect of seniors and increase penalties against those who try to get away with it."
To report a suspected case of elder abuse, residents can contact the state's 24-hour hotline by calling
(800) 99NOABUSE (996-6228).