Newswise — Members of the National Academy of Elder Law Attorneys (NAELA), the Elder Justice Coalition and other leaders in the fight against elder abuse are calling on lawmakers to approve a bipartisan bill. In a NAELA letter sent to every member of the U.S. Congress, NAELA leaders advocated co-sponsorship and approval of the landmark legislation, urging legislators to consider the safety of the nation's senior population and pass the Elder Justice Act. With America's 75 million Baby Boomers approaching retirement age, senior advocates stress that such steps are needed to protect a growing, vulnerable elder population from harm.
NAELA leaders say approval of the Elder Justice Act is of the highest priority and would mean critical federal support for state and local adult protective services agencies, as well as funds for long-term care ombudsmen who advocate for quality care in nursing homes. The goal of the legislation - which was initially introduced during the 2006 congressional session - is to address and reduce elder abuse, neglect, and exploitation.
On September 5, 2007, the 510-member Elder Justice Coalition - founded by NAELA and four other national associations - wrote to Senators Baucus and Grassley, chairman and ranking member of the Senate Finance Committee, calling for swift action on S. 1070. The Coalition has said it is incomprehensible that Congress has not yet moved forward to address elder abuse after years of conducting hearings and research documenting the crisis, which continues to grow.
The Elder Justice Coalition dedicated to raising awareness of senior issues and eradicating elder abuse, consists of more than 500 members, including 226 organizations. Members represent the aging industry, protective services, law enforcement, health care, long-term care insurance and advocacy, guardianship, assisted living, social services and more. (Member list here: http://www.elderjusticecoalition.com/member_list.htm.)
"Elder abuse, both physical and financial, is one of the most serious issues facing seniors and their families in this country," said NAELA President Mark Shalloway, an elder law attorney based in West Palm Beach, FL. "I truly hope Congress will approve the Elder Justice Act and bring forward a coherent national policy to protect vulnerable citizens. The time to act is now."
There are estimates that as many as five million people suffer from elder abuse. However, about 85 percent of these cases are believed to go unreported. Furthermore, NAELA's national survey of elder issues found that 20 percent of Americans had experienced some form of elder abuse, directed at either themselves or their parents. Financial abuse was the most prevalent form of abuse noted. (More survey results available at http://www.naela.org/ViewFullArticle.aspx?ArticleID=235 )
The Elder Justice Act was reintroduced on March 29, 2007, in both the Senate and the House. To date, Senate Bill S. 1070 has received sponsor support of Sen. Orrin Hatch [UT] and 16 co-sponsors, including original co- sponsors Sen. Blanche L. Lincoln [AR], Sen. Herb Kohl [WI] and Sen. Gordon H. Smith [OR]. The companion House Bill, H.R. 1783, has received congressional support from sponsor Rep. Rahm Emanuel [IL-5] and 78 co- sponsors, including original co-sponsor Peter T. King [NY-3].
The 2007 legislation seeks the establishment of a federal Elder Justice Coordinating Council and an Advisory Board on Elder Abuse, Neglect and Exploitation. The two bodies would work together to make recommendations to the Department of Health & Human Services, the Department of Justice, and other agencies with respect to crimes against the elderly. Forensic centers and services related to crime against the elderly, such as safe houses for abused elderly, would be created. At the same time, funds would be provided to enhance adult protective services and long-term care ombudsman programs - which involve the investigation and resolution of complaints made by, or on behalf of, seniors in the community and residents of long-term care facilities.
Another provision mandates a study on the creation of a national nurse aide registry as well as the establishment of grants to improve elder abuse information and data.
Last year, the U.S. House of Representatives rejected the bulk of the bill after it had successfully passed the Senate in an unrelated tax bill. "Last December, House leaders failed to approve the bill's most important measures," said Washington, D.C.-based Charles Sabatino, NAELA's past president and Chairman of NAELA's Public Policy Committee. "While we're pleased they endorsed a study to establish a nationwide database on elder abuse, legislators eliminated the bulk of the bill which contained provisions needed to help prevent elder abuse nationwide."
ABOUT THE NATIONAL SURVEY OF ELDER ISSUES Earlier this year, NAELA released the results of its national consumer survey that gauged public sentiment in respect to various issues affecting the elder population. More than 1,000 people aged 35 and above were included in the survey, taken November 16-22, 2006. The survey question on abuse identified all four forms: physical, emotional, medical and financial abuse.
WHAT IS ELDER LAW? Elder law is a specialized area of law that involves representing, counseling and assisting seniors, people with disabilities and their families in connection with a variety of legal issues, with a primary emphasis on promoting the highest quality of life for individuals. Typically, elder law addresses the convergence of legal needs with the social, psychological, medical and financial needs of individuals. The elder law practitioner handles estate planning and counsels clients about planning for incapacity with health care decision making documents. The attorney also assists clients in planning for possible long-term care needs, including at-home care, assisted living or nursing home care. Locating the appropriate type of care, coordinating public and private resources to finance the cost of care, and working to ensure the client's right to quality care are all part of the elder law practice.
ABOUT NAELAEstablished in 1987, the National Academy of Elder Law Attorneys (NAELA) is a non-profit association that assists lawyers, bar organizations and others. Members of NAELA are attorneys who are experienced and trained in working with the legal problems of aging Americans and individuals of all ages with disabilities. The mission of the National Academy of Elder Law Attorneys is to establish NAELA members as the premier providers of legal advocacy, guidance and services to enhance the lives of people with special needs and people as they age. NAELA currently has more than 5,000 members across the United States, Canada, Australia and the United Kingdom. For more information, visit http://www.naela.org.
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