Iowa elder abuse law changes eyed

DES MOINES – State lawmakers are being asked to revamp laws designed to prevent elder abuse into a comprehensive approach that will better combat incidents of abuse, neglect and financial exploitation that experts say are more widespread than reports indicate.

Donna Harvey, director of the state Department on Aging, told members of the Legislature's Elder Abuse Prevention and Intervention Study Committee Thursday that Iowa has laws dealing with dependent abuse but there are gaps and bureaucratic hurdles when problems beset people aged 60 years or older who are living independently yet may be vulnerable.

A state task force recommended the Legislature and Gov. Terry Branstad develop an elder abuse law which focused on the unique needs of older Iowans and creates definitions that protect those who do not meet the dependent adult abuse criteria.

The 25-member group also called for implementing a statewide elder abuse intervention system and strengthening safeguards from financial exploitation, noting the current financial power of attorney and conservatorship laws do not adequately protect older Iowans and their assets from perpetrators or from persons in a position of trust.

Lawmakers also were urged to establish a single point of contact to discuss concerns or to report elder abuse, neglect or financial exploitation. Speakers at Thursday's committee meeting said the current system and laws for protecting older Iowans are fragmented and do not meet older Iowans' needs.

Advocates also recommended the creation of “safe haven” locations to house victims of elder abuse who has been removed from their homes in an attempt to keep them safe from a perpetrator. Currently, if an older Iowan needs a safe place to stay, there are no specific locations that can meet their unique needs, they said.

Materials handed out to committee members contained reports indicating that elder abuse – especially financial exploitation -- in Iowa and the rest of the nation is “under acknowledged, under identified and under reported.”

“We know it's out there,” said Celene Cogerty, an assistant Polk County attorney, who expressed frustration that there are barriers that prevent various state and local agencies from collaborating or sharing information that would be helpful in combatting abuse. Also, she said, limited resources, expertise and experience create challenges in dealing with abusive situations involving elderly citizens.

Committee member Sen. Mark Chelgen, R-Ottumwa, said he would like the Legislature to take a comprehensive approach to the problem, noting the system currently is a patchwork of laws and responses that won't be improved by merely adding more patches.

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