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The Honolulu Advertiser
Posted on: Monday, May 22, 2006

Golden-years fleecing: Being 'hostage' of care

 •  Family ties can conceal crime

By Rob Perez
Advertiser Staff Writer

CHECKING UP ON CAREGIVERS

The Legislature just passed a bill, backed by Gov. Linda Lingle, that requires criminal background checks of people who provide care to Hawai'i's elderly in healthcare facilities.

The bill is awaiting Lingle's signature.

Three years ago, legislators passed a measure allowing the state to pursue civil penalties against caregivers suspected of elder abuse.

The state has yet to successfully prosecute a caregiver using that civil penalties statute, but a case against a Kapolei facility is pending.

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WHERE TO CALL FOR HELP

Honolulu police: 911

Adult Protective Services:

• O'ahu: 832-5115

• Hilo/Hamakua/Puna: 933-8820

• Kona/Kohala/Kamuela/Ka'u: 327-6280

• Kaua'i: 241-3432

• Maui: 243-5151

• Lana'i: 565-7104

• Moloka'i: 553-1763

(Strict guidelines prevent APS from investigating all cases, but the agency can refer callers to other programs for help.)

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The state agency in charge of investigating suspected abuse of dependent adults, including the elderly, is seeing "a growing criminal element" in exploitation cases.

"Everyone has sympathy for the stressed caregiver who has a lapse in judgment," said Patty Johnson, an administrator for the Department of Human Services, which investigates cases of suspected elder abuse.

But there are signs, here and elsewhere, that unscrupulous caregivers are increasingly taking advantage of those in their care for financial gain.

"It's raising great concerns nationally," said Paul Greenwood, head of the elder abuse prosecution unit in the San Diego district attorney's office. Caregiver cases are "one of my most common crimes."

No statistics are available nationally or at the state level.

But recent signs of a trend:

  • A longtime friend and caregiver for a 78-year-old Big Island man uses his credit card to buy three cars.

  • A son caring for his cancer-stricken mother in Waikiki steals more than $500,000 from her.

  • Two people caring for an 88-year-old man in an O'ahu care home persuade him to write thousands of dollars in checks to them — even though he has severe dementia.

  • A Big Island woman caring for an 86-year-old man whose wife recently died exploits that relationship, stealing the man's life savings and gaining title to his home.

    Cases like these are bringing more attention to elder financial fraud in caregiver settings in Hawai'i.

    "It's sort of shifted (from physical abuse) to the financial and neglect part," said Rep. Dennis Arakaki, chairman of the House Health Committee.

    The victimization of Albert Morgan Sr. of Kaua'i is an example. Morgan, then 96 and a retired sugar industry worker, was targeted by Ronette Burk, a convicted felon who had recently been hired as his part-time caregiver.

    While Morgan was hospitalized in April 2001, a credit card was stolen from his house. About 60 cash withdrawals totaling more than $8,700 were made at ATMs using the card during a two-week period, according to Kaua'i prosecutor Craig De Costa, who handled the case.

    Photographs from the ATM cameras showed that Burk's boyfriend, Corey Duarte, made the withdrawals.

    Duarte admitted to police that he stole the money to pay crystal meth debts, and said that Burk had given him the credit card, De Costa said.

    Burk was found guilty on three felony counts of fraudulent use of a credit card, second-degree theft and theft of a credit card. She was sentenced in 2002 to five years in prison, and her probation for a previous drug offense was revoked, with another five years added to her sentence.

    "She took advantage of a position of trust," De Costa said.

    Duarte, who agreed to testify against Burk, pleaded guilty to four felony charges and was sentenced to five years in prison.

    The vast majority of caregivers in Hawai'i provide quality service, experts say. Most are employed by reputable organizations. Many are family members or relatives who provide care for little or no pay.

    "People shouldn't be afraid of getting help when they need it," said Deborah Jackson, owner of Eldercare Hawai'i, which provides planning and support for families with elders.

    The close relationship a caregiver has with the elder person can develop into a dependency that can easily be manipulated and often is difficult to detect, especially if the senior has little contact with family and friends, experts say.

    Even if the victim suspects something is amiss, he or she may be reluctant to tell anyone, fearing the caregiver will be removed and that a replacement won't be found given Hawai'i's caregiver shortage.

    "It's almost like a hostage situation," said Christopher Young, deputy attorney general in charge of criminal prosecutions. " 'I'm not going to report the only person I rely on for care.' "

    Sometimes, the victim simply may be reluctant to say anything because of his or her personal bond with the caregiver.

    "If someone is helping you bathe and go to the bathroom and is cooking your meals, that's a very dependent situation," said Eldercare's Jackson. "It's very hard to challenge someone in that kind of relationship."

    In some situations, the caregiver will use the victim's credit card or regularly ask for money, but the victim doesn't see that as exploitation, even if he or she has no money to buy food, medications or other essentials, according to Diane Terada, division administrator of Catholic Charities Hawai'i, which provides services to seniors.

    The elder person may not believe he or she is being manipulated, but an independent observer would conclude otherwise, Terada said.

    "From the outside, we can see it's a very uneven relationship, and the victim is being taken advantage of," she said.

    If you suspect that a friend or relative is being abused by a caregiver, contact Adult Protective Services or police, advises Tony Wong, administrator of the Honolulu Gerontology Program, a provider of services to the elderly.

    When social workers with Wong's program are confronted with a family caregiver financially exploiting a client, they first try to determine the circumstances. If the caregiver is taking money only occasionally to buy medication or food for her children, Wong's group will try to get the caregiver help while continuing to monitor the elder person's situation, he said.

    If that isn't feasible, a new caregiver will be sought.

    Reach Rob Perez at rperez@honoluluadvertiser.com.