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Project 7: elder abuse and how you can help

By Kym Klass, Montgomery Advertiser, Ala. on

Published in Senior Living Features

Virginia Freck has Alzheimer's, and sits at her nursing home talking about the recent celebration of her 101st birthday.

Elvis visited her. Kissed her, even. And despite some memory loss over the years, she remembers it as clearly as she does working as a Rockette in New York City, as a window model for Macy's, and as an entertainer with the USO, putting on shows for troops before they served overseas.

What isn't discussed, and what she isn't asked to remember, is how long she worked and saved for retirement after she lived her full, active life, which included time spent living in both China and Singapore, and as a volunteer with the Coast Guard. Her father taught her the value of money, and how to save, making sure she put away some of the 25 cents he gave her weekly as part of her allowance.

It was a lesson that helped her save more than $2.5 million for her retirement. And it was an amount that was taken by a man who formerly had power-of-attorney over her finances and assets.

Freck's current caregiver, Henryette Bailey, and Freck's attorney, Grady Carden, sit with her in the nursing home.

"I'd rather her not remember it," Bailey said in discussing the financial exploitation with Freck directly. "Early on, when she was aware that he had done that, she said, 'I thought I could live comfortably all my life, and now look what happened.' "

Project 7: Aiding our seniors

Today the Montgomery Advertiser launches "Project 7: aiding our seniors" as a way to address issues and concerns with the elderly in our region. For seven days, we will focus on elder abuse, personal care, fitness, transportation, clothes, communication and food.

We will offer you ways to donate yoga mats, personal hygiene items, clothes and food for those most in need.

And we will introduce people like Freck, whose case often is referenced when discussing the Protecting Elders Act, which has given prosecutors and law enforcement an additional tool for holding accountable those who abuse the elderly. It went into effect in January 2014, strengthening the penalties for all types of elder abuse in Alabama, including physical and financial abuse, and which provides law enforcement with new tools to combat it.

In Freck's case, she lost her millions to a family friend who was supposed to look after her affairs. Joe Giddens used his power of attorney to drain Freck's life savings and used the funds to purchase land, property, trips.

Freck didn't have any children, and after her husband died, she lived alone in Florida. She eventually moved in with J.D. Giddens, who is a great-uncle to Joe Giddens and an uncle to Bailey. Joe Giddens offered to help the couple after J.D. Giddens had a stroke. After J.D. Giddens died, Freck had no one left in Florida and decided to follow through with their plan to move to Montgomery, where he had family.

In 2006, Joe Giddens gained power of attorney for Freck using a document his girlfriend drafted. Carden has said he questions whether Freck knew exactly what she was signing.

Although Giddens eventually pleaded guilty, he received no jail time; he ultimately ended up at a prison work-release center only because he failed to make his restitution payments.

"He was being real sweet to her," Bailey remembers. "He was so sweet to her and he got power of attorney and got her to turn over everything to him. That's when DHR called me and asked me to take over. I met her through my uncle. I had gone by and visited her a lot and became friends with her before he died.

Bailey was instrumental in pushing the Protecting Elders Act into law, although Carden says she will go out of her way to downplay her part.

"She was given an answer that didn't make a whole lot of sense, and she didn't just take the face value and stop there, which is what happens a lot of the time," he said of the financial exploitation against Freck. "And so she continued to search out help until she found somebody.

"There were already some laws on the books to deal with this; it's just a lot of people didn't recognize the need immediately. However, the laws are already there in what is called the Adult Protective Services statute. It was for this purpose, but it didn't really have the teeth to it that it needed."

And that, Carden said, is what led to the new legislation.

"If I'm helping someone, I'm satisfied," Bailey said. "I couldn't do that by myself. It was a lot of people."

Effects of the law

Since the elder-abuse law passed last year, deputy district attorney Seth Gowan has noticed an increase in elder-abuse cases. One reason for that, he said, is because prosecutors are better trained in the law, and are building better relationships with banks and other organizations, and seniors themselves.

The office is also training law enforcement on what to look for and how to put cases together.

Nationally, for every one case reported, he said, 23 cases go unreported. Locally in Montgomery County, there are 17 elder-abuse cases pending. Of those, the vast majority are financial exploitation cases, one is a physical-abuse case, one is a robbery, and another, a home-invasion case.

Victims, Gowan said, are targeted because of their age, and generally are targeted by family members or caregivers, or someone who has some type of relationship with them.

"You have to watch out for your family, and your neighbors," said John Craft, an assistant professor of law and supervisor of the Elder Law Clinic at Faulkner University's Jones School of Law. The clinic provides low-income seniors with free legal help. As head of the clinic, Craft has had ample experience with power-of-attorney issues.

"It's not only family members that need to learn how to recognize (abuse) and where to go for help," he said. "Especially because people don't know how to do it by themselves. People are embarrassed because it happened, or it was a person they depended on for care giving. They wonder, 'What happens if I report them? Then I won't have anybody.' It's going to take a community as a whole to intervene and help in those circumstances where the victim is not really wanting to report it."

Why seniors?

The list is long.

There is their decline in cognitive and physical abilities. They become dependent upon others to take care of them. They have no car payment. The house is paid off. They have the financial resources.

"The data is out there that individuals that are 85 and older are the fastest-growing segment of our population in the United States," said Neal Morrison, commissioner of the state's department of senior services. "Financial exploitation probably hits more seniors across the board than any other kind of abuse. I do not want to downplay ... you still have some physical and some emotional abuse occurring.

"Most seniors in the South are very caring and giving individuals, especially if it involves your church or children. An elderly woman will do without food if she thinks it will feed another child."

How are seniors targeted?

They are the No. 1 target for financial scams and are targeted through four primary ways: the mail, the phone, in person and over the Internet.

In the mail, seniors can receive sweepstakes/international lotteries and fake checks. Over the phone, seniors need to be wary of those who insist they make a financial decision that day, or of those who try to obtain personal information, and those who use high-pressured sales pitches and scare tactics.

When seniors are on the Internet, they need to make sure they use a secure browser, check the site's privacy policy before ordering anything, keep personal information private, and review monthly credit card and bank statements, Morrison said.

He advises seniors to also be cautious of strangers who want to sell something or who want to discuss finances, and strangers who say they are from a utility company and need to check the meter, appliances or other items inside the home.

"The best way to protect yourself is to not let anyone into your home who you were not expecting, including strangers who offer home repairs, especially after a disaster," he said. "In person, elders are twice as likely to fall for a scam."

PROJECT 7: AIDING OUR SENIORS

Need help?

Abuse in a Nursing Home: 1-800-356-9596

Abuse in an Assisted Living facility: 1-866-873-0366

Source: Alabama Department of Public Health

Scams: 1-800-392-5658

Source: Alabama Attorney General's Office Consumer Protection

Want more information?

For more information on the Elder Justice and Advocacy Program, call 242-5743 or 1-877-425-2243 or email: elderjustice@adss.alabama.gov

For more information on the Montgomery County Elder Justice Task Force, call 262-7378

 

For further help:

One Place Family Justice Center: 262-7378

Montgomery Police Department: 625-2831 or 241-2651

Montgomery County Sheriff's Office: 832-2532 or 832-4980

Department of Human Resources (DHR): 293-3100

DHR -- Adult Protective Services: 293-3313

Montgomery Area Council on Aging (MACOA): 263-0532

Legal Services of Alabama: 832-4500

Central Alabama Aging Consortium: 240-4666

Attorney General's Office Consumer Protection Victim Assistance: 1-800-392-5658 or 1-800-626-7676

Alabama Department of Senior Services (ADSS): 1-877-425-2243

Emergency: 911

Project 7 lotto

During our week-long "Project 7: aiding our seniors" initiative, the Montgomery Advertiser is giving you the opportunity to help seniors in the River Region by dropping off food, clothes, yoga mats, fans and personal care products starting today through Saturday at designated locations.

And when you do? We want to hear about it. And we want to prepare you a dinner for your efforts.

We want photos, stories and your opinions as you aid our seniors. We want your story of what you did, and why you felt it was important to give back.

All submissions and any photos will be posted online for others to see what our community has done.

The names of those turning in submissions will be put in a container and at the end of the week a name will be drawn. In honor of Meals on Wheels and what they do for seniors, the gift will be a dinner. Except this dinner will be made and delivered to you by members of the Montgomery Advertiser staff on Saturday.

We're thinking about lasagna, Caesar salad, bread and a dessert, but we will talk with the winner before setting the menu.

It's just a way to say thank you. From us. And from your community.

Email your submissions to reporter Kym Klass at kklass@gannett.com. Questions? Call Kym at 240-0144.

For further help

--One Place Family Justice Center: 262-7378

--Montgomery Police Department: 625-2831 or 241-2651

--Montgomery County Sheriff's Office: 832-2532 or 832-4980

--Department of Human Resources (DHR): 293-3100

--DHR -- Adult Protective Services: 293-3313

--Montgomery Area Council on Aging (MACOA): 263-0532

--Legal Services of Alabama: 832-4500

--Central Alabama Aging Consortium: 240-4666

--Attorney General's Office, Consumer Protection, Victim Assistance: 1-800-392-5658 or 1-800-626-7676

--Alabama Department of Senior Services (ADSS): 1-877-425-2243

--Emergency: 911

Want to donate?

Drop-off sites for personal care items, and also clothes, non-perishable food items and yoga mats are:

Prattville YMCA: Willis Bradford Branch, 972 McQueen Smith Road South

Prattville YMCA: Fitness Branch (next to the Don M. Smith Branch), 600 E. Main St.

Bell Road YMCA: 2435 Bell Road

East YMCA: 3407 Pelzer Ave.

Wilson YMCA: 1445 Wilson Park Drive

Cleveland Avenue YMCA: 1201 Rosa L. Parks Ave.

Montgomery Area Council on Aging: 115 E. Jefferson St.

The Waters: 3 Crescent Park, Pike Road

Montgomery Advertiser: 425 Molton St.

(c)2015 the Montgomery Advertiser (Montgomery, Ala.)

Visit the Montgomery Advertiser (Montgomery, Ala.) at www.montgomeryadvertiser.com

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(c) Montgomery Advertiser, Ala.

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