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Elder Abuse Bill Introduced in Congress

For the first time, the Senate and the House of Representatives are considering legislation to combat the issues surrounding elder abuse. The Elder Justice Act of 2007, S. 1070 and H.R. 1783 are designed to draw national attention to a sensitive issue, and a problem often ignored—the abuse, neglect, and exploitation of senior citizens by their care givers. “According to the best available estimates, between 1 and two million Americans age 65 or older have been injured, exploited, or otherwise mistreated by someone on whom they depended for care or protection.” (National Center on Elder Abuse, Elder Abuse Prevalence and Incidence, 2005) Unfortunately, many of these elder abuse cases go unreported.

Although there are few legislators who oppose its passing, versions of the bill have sat in Congress for the last five years. Since 2002, the bill was continuously reintroduced, and every year it came close to passing but failed because of lack of support in the House of Representatives. This year, the bill has strong bipartisan House support.

If the Elder Justice Act is finally enacted, it would be the first piece of legislation in US history to tackle elder abuse issues at a federal level. Orrin G. Hatch (R–UT) introduced the bill in 2005, and spoke about the need for federal action. “Thousands of cases of elder abuse, neglect, and exploitation go unaddressed each day,” Hatch said. “Yet no federal employee works full–time to address elder abuse and neglect. This bill will give much–needed attention and resources to fighting these crimes and providing seniors the protections they need to live safely and securely.” (US Senator Orrin Hatch, Press Release, November 15, 2007)

The National Council on Aging states that “The Elder Justice Act would:

  • create a federal funding stream for states’ Adult Protective Services (APS);
  • assure that HHS identifies an office to provide coordination and technical assistance for APS systems;
  • create an Elder Justice Coordinating Council in the federal government and an expert advisory board;
  • provide demonstration grants on training and detection and prevention of financial exploitation; and
  • define and report on guardianship and other fiduciary concerns.” (National Council on Aging, NCOA’s Position, September 2007)

Elder abuse preys on victims who are at a vulnerable time in their life. It is a problem that does not get the same kind of attention that child abuse or domestic abuse captures. One of the Elder Justice Act’s sponsors, Rep. Rahm Emanuel (D–IL), equated elder abuse to other forms of violence. “Every year, millions of American seniors are victims of abuse and neglect. This bill will bring focus to the problem of elder abuse and elevate it to the same level as other family violence issues, like domestic violence and child abuse,” Emanuel said. “Elder abuse remains under researched, under–reported, under–funded and under prosecuted.” (Congressman Rahm Emanuel, Emanuel Highlights Legislation to Protect Elderly from Abuse, Exploitation, April 24, 2006)

Combating Elder Abuse in the Future

The number of people over 65 in the United States is growing as Baby Boomers transition into the age bracket of 65 and older. According to a study by the American Society of Pain Educators, “Where people age 65 and older represent 12 percent of the overall population today, they will represent 18 percent in 2025.” By the year 2045, 79 million people in the United States will hold 21% of the nation’s population over the age of 65. (American Society of Pain Educators, ASPE Membership) We will soon have more elderly people in hospitals, nursing homes and private homes than ever before. It is imperative that we protect our loved ones from harm, and begin to think about the new challenges that lie ahead.

If you are interested in learning more about the Elder Justice Act, information on bills S. 1070 and H.R. 1783 can be found by searching Thomas (Library of Congress). Or, to see a summary of the bill, you may visit The Elder Justice Coalition, S. 1070, Elder Justice Act H.R. 1783, Elder Justice Act As of 2/21/2008. If you would like to see the bill succeed, contact your members of Congress and urge them to pass the legislation.

Brayton Purcell Can Help

At Brayton Purcell we keep up with the latest cases, laws, and proposed legislation in the elder abuse field. Should you have a question about the legal rights of your elderly loved one, please feel free to contact us. We are experienced in all facets of elder abuse law, including nursing home violations and inadequate pain management issues.

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