Monday, July 1, 2013

Julia: Part II: Cease and Desist: Missouri Law As JH's Enabler

Being accused of Elder Abuse is a serious accusation. Missouri Statues, of which there are three on Elder Abuse, provide significant levels of punitive action including imprisonment.

Anyone can report; certain professions directly involved in providing services are mandated reporters.The General Public is told it's perfectly all right to call the Elder Abuse Hot line if they even "think" there might be elder abuse.

Unfortunately, at least in the State of Missouri, the people responsible for investigating these reports have been and continue to be inadequately selected for their positions of responsibility determining changes in human lives and inadequately trained in Geriatrics including Dementia in all its forms.

Seniors need protection. Elder Abuse Laws are an important means of protection. Systems and Procedures leading to disruption of life of individuals and families due to intended or unintended negligence in due diligence regarding Elder Abuse Hot line Reports must be recognized and Statues must be drawn to protect the innocent as well as punish the guilty.

Abuse is defined by the State of Missouri on this page.  It specifically states Abuse is "injury or harm". The online dictionary defines "injury" and "harm" as significant actions on the part of someone against another which inflicts damages. Missouri Law is written to attempt to protect Seniors but it also protects predators using Undue Influence and provides a means through which they can use the Law to their advantage.

JULIA, WHAT ABOUT MY DAUGHTER AND MY HUSBAND? My daughter dropped out of college to help with the 24/7 care of her Grandmother and her father. Why didn't you cite her as an abuser or at least an enabler? 

As my daughter says, she was in her twenties and should have been considered someone who contributed to the abuse, allowing it to happen, an enabler, or possibly a participator.

What did you say that excluded either of them from your allegations?
Why didn't the DHSS even question my daughter about possible abuse of my Mom by me?

My husband had contact with many people including friends, relatives, members of our Church and others. Why wouldn't he ask one of them to report Elder Abuse of my Mom as he would have witnessed it.
He had a cell phone; I wasn't always with him; why didn't he call the Elder Abuse Hotline?

My daughter was constantly in and out of our home and had her own cell phone as well. If there was abuse as you claim, why didn't she file an Elder Abuse Hotline report or contact someone from the DHSS? She'd met with them when they visited our home at my request to seek further care and socialization for Mom.

As an adult, why would she allow her grandmother to be abused in a home where she lived for so many years?

WHY, JULIA?  Why did you continue to return a very elderly woman to a home where you believe she was financially and emotionally abused? 

How long was it from the date you made the report until you took her to open a joint safety deposit box and remove my POA?

Why did you walk away each time and if you believed what you said, "endanger" Mom? How could you if you believed what you reported?

Why didn't you contact a charity you supported, ALIVE, or Catholic Charities with whom you're very familiar?

WHY, JULIA?  Why didn’t you file a report on me alleging abuse of my husband, too? 

He was a Senior; he was incapable of protecting himself, he was also somewhat isolated in our home although attended by Home Health Care a couple of times a week and numerous returns for hospitalization.

WHY, JULIA? Both Mom and my husband had outside contact with medical professionals and hospital stays of more than a day with various examinations and procedures and not one of those professionals questioned their care in our home or my care giving as you did.

WHY, JULIA?  With so many other contacts and socializations with medical and professional people focused on the elderly, why wasn't there anyone else who had concerns about Mom or my husband’s physical or social welfare?

Mom went out to Adult Day Care three times a week, Julia, starting in August, 2010, why didn’t they file a report to the State of Missouri? They had a Nurse and Social Worker on staff who often spoke with Mom and other attendees as required by State Law about where they lived and how they lived.
Mom visited several Doctors and spent days in Hospitals and Rehab Centers from the time she entered her Ninth Decade of life for medical challenges and some stays included surgeries. Why was there never an Abuse report generated from these medical authorities if it was indeed a part of our lives? 

Mom spoke with many people without my being present and yet there was never a question to me, never a report to the DHSS about suspected "abuse" generating an investigation?

In fact, there was no contact from the DHSS that wasn't originated through my efforts to seek more medical or social services care for Mom before and during the time until we discovered your actions in late 2010.
JULIA, Are you implying all the Doctors who examined Mom including Geriatricians did not see the emotional abuse you called the Hot line about? That visitors to our home over the years and especially during that 2010 time who spent time with Mom and in her room and talked with her could not see "financial abuse" that you saw? 

What exactly were the specifics of the emotional and financial abuse, Julia?

Mom never paid one cent of her Social Security and she came into our home with no savings and no source of income from the age of 57 until 62.  At age 63, Mom began travelling the world: her first trip was to Hawaii and the cost was more than her total yearly accumulated monthly checks for the preceeding year.

Each year after that until she was 87, Mom travelled and used all her SS money to travel the world. She's been several times to Europe (Western, Central and Eastern); Cruises in the Caribbean, Greek Isles, on European Rivers, on the Nile in Egypt, to Alaska and in China.

Mom had her own private room, double bed, dressing table with chair, nightstands and several lamps for reading and good lighting, carpeting throughout, a walk in closet, a double dresser, a TV and remote control, an automatic lift chair, a railing was installed to assist her lifting her body to a sitting position on the bed, guard rails on the tub, different types of shower chairs and frequent bathing, installed rails on toilets she used, safety rails installed, all area rugs removed, higher watt bulbs installed to ease sight. As she aged, steps were eliminated on the outside of the home and installation of a board walkway allowing easier departure and entry, carpeting was removed from steps leading from one level of the home to another, breakable items were put out of reach. This only begins a very long list of adjustments, additions, provisions and inclusions we made as Mom aged in our home, in the home she used to love to call "her home".

WHY, JULIA?  Did your professional credentials and your work experience cloud the DHSS's  judgment?

Did you possibly misrepresent your credentials or work in some way to cause them to act so irresponsibly and unprofessionally?

Mom was visited on more than one occasion in our home by the State of Missouri Department of Health and even another Social Worker in the time period when you were taking Mom out on occasional excursions but before you made the call to the Elder Abuse Hot line. Never was there a mention of any concerns or actions taken by the DHSS. No attempts to return and revisit our home. No questions from the DHSS representative who visited with Mom extensively including spending time with her in her room.

Mom was visited at her Day Care by the DHSS as is their practice. No report generated.  No visits to our home based on “concerns” and no questions, no letters, nothing.

WHY, JULIA?  You spent approximately 38 - 40 hours total from the end of January 2010 until October 26, 2010 with Mom; you spent an average total of two hours each “visit” with her from the time you took her from our home to returning her to our home. 
Transit to your preferred destination, a Steak N Shake or another close by location, would have been approximately 15 minutes each way; transferring Mom in and out of your car and into your destination and return to your car would have taken another 5 - 10 minutes each way.
Except the fateful day of October 26, 2010, (believe that's the date) when you called and asked to "keep her out a little longer as you were having such a good time". You picked her up about 1 PM (going from memory but do have record of time period) and instead of returning at 3 as was the original plan, you now wanted to bring her back "after 5". Since we had plans, it became a time adjustment to 5 PM.
WHY, JULIA?  WHY DID YOU NEED FOUR HOURS?  WHAT WERE YOUR PLANS?  WHAT DID YOU WANT AND NEED TO DO? WHAT DID YOU ACTUALLY DO WITH MOM DURING THAT TIME? We know you took her to the bank where Mom had an account and opened a safety deposit box in your name and her name depositing a large sum of cash Mom had removed from our house and your keeping both keys not telling any family member. We know you arranged for Mom to remove my Power of Attorney; you'd found out about that months before when you asked if I had a Guardianship or POA. You were very good at getting information and giving little in return.
WHY, JULIA?  You had to plan that day specifically. Mom had to have taken the money from our house before you left with her. It was a significant amount, a few thousand dollars we'd set aside for her burial. She also had Social Security money she didn't spend over all the months during my husband's severe medical challenges and our family's distress.
WHY THAT PARTICULAR DAY, JULIA?  I can only wonder how you'd tested Mom during the time before that day to see how much she'd trust you and what she'd do with and for you; what did you do to build up her distrust of me? 
Transferring trust to you from me had to include removal of basic needs and desires from Mom or seeming to do so. With your analytic and planning skills honed from years as a champion tennis player in college and your continued competitive participation in the sport today, you've applied your skills and knowledge where it can be financially beneficial, in my opinion, and harmful to our Senior population.

WHEN, JULIA, DID YOU FIRST SUSPECT ABUSE?  JULIA, WHEN EXACTLY DID YOU BELIEVE THERE WAS EVIDENCE to substantiate a claim of Elder Abuse both financial and emotional of my Mom AND WHAT WAS THAT SPECIFIC EVIDENCE? These are just a few questions needing an answer to remove the smear you've worked so hard to affix to my character and integrity and I've spent almost three years in an effort to prove you are the actual abuser and my Mom wasn't your first and won't be your last "victim".

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