Created: Sep 07, 2007 11:00 AM
Shadow Health Minister Louise Jackson
Vulnerable seniors being abused by their own family are falling through cracks in the system — as the harrowing case of "Auntie Em" reveals.
The neglect and torment suffered by the partially-blind 95-year-old widow was investigated and documented by Government officials but there was little they could do to help.
The great grandmother refused to be moved from her filthy rat and cockroach-infested home into residential care and was only rescued when her private nurse stepped in to save her.
The Royal Gazette is publishing the details of her ordeal to highlight the apparent lack of legislation to protect elders in such cases. We have opted not to reveal Auntie Em's identity.
Her nephew, along with nurse Yvonne Dawson and Shadow Health Minister Louise Jackson, is calling for laws to protect elders who are abused by their own families and forced from their homes.
Government is investigating the possibility of such legislation and is already in the process of drafting an elder abuse registry.Auntie Em's alleged abuser is her adopted daughter, with whom she lived in squalor in the family's home until December. At that point, Ms Dawson took her into her own home for five months. The nurse also reported the matter to Police but Auntie Em refused to press charges.The elderly lady was eventually admitted to King Edward VII Memorial Hospital earlier this year to have part of her leg amputated due to gangrene and remains on a general medical ward. She is desperate to return home but all involved in her welfare are concerned about her moving back in with her daughter.Auntie Em's nephew said tough laws to target those who prey on seniors unable to protect themselves were urgently needed. "There are laws protecting animals but no laws protecting senior citizens,"<>he said.He said there was a danger of family members seeking to oust old people from their homes in order to gain the property for themselves. In Auntie Em's case, the house belongs to her but her late husband stipulated in his will that it pass to their daughter upon her death.Marian Sherratt, executive director of Bermuda Council on Ageing, explained that such occurrences of "delayed capital transfer" were on the increase because seniors are living longer. "Inheritances are taking a much longer time," she said. "Some people get impatient."Ms Sherratt said she was not aware of any laws specific to elder abuse in Bermuda, adding that Auntie Em's case "does speak to the fact that there needs to be laws in place. There needs to be an Ombudsman that an elder can reach out to."She likened elder abuse to child abuse and said legislation could be passed to place the onus for reporting suspicions onto medical professionals, neighbours and family members. But she added that some human behaviour cannot be legislated for and pointed out that family and friend caregivers are often under immense stress.Civil servants have been tasked by Community and Cultural Affairs Minister Wayne Perinchief with investigating possible elder protection legislation.Acting Permanent Secretary Myra Virgil, in an interview given for an RG Magazine article before Auntie Em's case came to light, said elder abuse needed to be defined in legal terms. "What are we unwilling to tolerate and when does it become an actual offence?" she said.Mr. Perinchief, speaking during the same interview, said he did not think elder abuse was widespread in Bermuda. "We don't have a high rate of reporting. Bermudians are pretty nosy people and they will report. "I'm not saying that we don't have individual cases but there again we need to identify what compromises abuse. Does it mean neglect, leaving a person at home (alone) for a long time, not having care?"He said the Government was more interested in preventing abuse by educating family and friend caregivers than in imposing tough penalties. "We are much more concerned with alleviating the problem and avoiding the problem than punishing after the fact."The elder abuse registry is aimed at preventing caregivers guilty of abuse from working in the field again. Ms Virgil said one of the considerations in creating it was the extent to which people caring in a private capacity could be held accountable for their actions "outside of, and in addition to, that which is already protected under statute".Police did not respond to a request for comment on Auntie Em's case. Her adopted daughter has been given the opportunity to respond to allegations but has not done so.