Having recently retired from the Maine Judiciary as I reached 70, the status of Maine’s elderly population has drawn my attention and concern.
Decades ago, I served on the Legal Services for the Elderly board of directors. More recently, I’ve presided over the Maine Bar Foundation, which is charged with raising and distributing funds to nonprofit agencies, among them Legal Services for the Elderly. I was and continue to be concerned about the vulnerability of our aging population. I am, perhaps, more focused, since the elderly population is no longer “them” but “me.”
As you no doubt are aware, Maine is among the national leaders in its aging population. It is anticipated that by 2030, 33 percent of Maine’s population will be over 60. The good news is that we have an abundance of experienced and able older people who contribute to all facets of our society. The bad news is that we have to be concerned for the vulnerable portion of our elderly population who often are defenseless against those who target them.
In order to minimize and address elder abuse, several “red flags” have been identified to help all of us become aware of and sensitive to the victims of elder abuse and encourage it to be reported, whether we are identified as mandatory reporters or not. Those flags include the following:
— Sudden changes in the elder’s appearance, poor hygiene, improper clothing for the weather, sunken eyes, bedsores, loss of weight.
— Sudden changes in the elder’s personality, increased levels of anxiety, fearfulness and/or depression.
— Social isolation or the elder not allowed visitors.
— Visible injury that has not been cared for or cannot be explained with a realistic explanation.
— Sudden loss of ability to meet financial obligations.
As we often are reminded, Maine has limited financial resources. Yet what we do have is an abundance of caring and concerned people who work through governmental and private organizations to identify and help those who are victims of elderly abuse.
On the governmental front, Maine Attorney General Janet Mills convened a task force that issued a March 2015 report identifying the realities faced by older adult victims of financial exploitation. That report identified prosecution potential and barriers to prosecution of those who exploit the elderly. It also recommended legislative changes to make law enforcement more timely and effective. It highlighted the risks that powers of attorney pose to allowing ill-motivated beneficiaries to misuse older adults’ funds.
The Maine Legislature, recognizing “that many adult citizens of the State, because of incapacitation or dependency, are unable to manage their own affairs or to protect themselves from abuse, neglect or exploitation,” has identified more than 25 professionally licensed groups of individuals that have a mandatory duty to report suspected elder abuse or neglect to the Department of Health and Human Services for investigation and resolution.
Consistent with the giving and caring spirit that reflects the best of Maine citizens, multiple public and private entities that deal with elder issues of abuse, exploitation and vindication of basic rights have joined together under the banner of the Maine Council for Elder Abuse Prevention. The purpose of the council is to facilitate communication between and among the members to permit focus of resources in the most effective way to respond to and prevent elder abuse. The council includes, among others, Maine Adult Protective Services, Maine’s domestic violence resource centers and sexual assault support centers, Legal Services for the Elderly, Maine Office of Securities, Maine’s Area Agencies on Aging, AARP and Maine law enforcement.
The reality of our life cycle is that we start out vulnerable and defenseless and we wind up vulnerable and defenseless. When dealing with the younger population or the older population, it is important to understand the degree of vulnerability each may exhibit.
Maine is a great place to live and grow older because of its citizens and our ability to come together to support one another. That only will continue if all of us are aware of and sensitive to the rights, responsibilities and risks of our older population.
Kevin Cuddy is a recently retired justice of the Maine Superior Court who currently serves as a legal consultant to Legal Services for the Elderly, a mentor to the Volunteer Lawyers Project and adjunct faculty at Husson University.