Is this "elder abuse?"

[SDiego92129]

What is the name of your state?California.
Our homeowner association always walks the property each month. We have two 80 year olds on the landscape committee. The board president doesn't like them. She arranged the last walk so that the "seniors" couldn't keep up. I even tried driving them up and down the hills but it was a race to keep up. While trying to find the board president on one of the streets, I found the "senior" lady, sitting on the curb, head in hands, exhausted. She'd tried chasing after the board president but couldn't catch up. I really feel it was a form of intimidation and a way to keep the "seniors" from participating. Can anything be done to prevent the pres. from humiliating these people? Can we find an attorney who would write a letter to the board? Do the seniors have any right to be treated with more respect? All other walks have been done differently, slower, taking only a few streets, and no hills.

 

[I AM ALWAYS LIABLE]

What is the name of your state?California.
Our homeowner association always walks the property each month. We have two 80 year olds on the landscape committee. The board president doesn't like them. She arranged the last walk so that the "seniors" couldn't keep up. I even tried driving them up and down the hills but it was a race to keep up. While trying to find the board president on one of the streets, I found the "senior" lady, sitting on the curb, head in hands, exhausted. She'd tried chasing after the board president but couldn't catch up. I really feel it was a form of intimidation and a way to keep the "seniors" from participating. Can anything be done to prevent the pres. from humiliating these people? Can we find an attorney who would write a letter to the board? Do the seniors have any right to be treated with more respect? All other walks have been done differently, slower, taking only a few streets, and no hills.

My response:

Taking walks and not being able to keep up, is not Elder Abuse. Abuse is taking advantage of a physically, emotionally, or monetarily disadvantaged and defenseless elderly person. The seniors you're talking about can simply stop taking the walks. No one is forcing them.

IAAL

 

[rmet4nzkx]

This is the section for elder law, there is more, it would be a streach because no one is forcing them and organizations can make their own rules:
CALIFORNIA CODES
WELFARE AND INSTITUTIONS CODE
SECTION 15610-15610.65




15610. The definitions contained in this article shall govern the
construction of this chapter, unless the context requires otherwise.



15610.05. "Abandonment" means the desertion or willful forsaking of
an elder or a dependent adult by anyone having care or custody of
that person under circumstances in which a reasonable person would
continue to provide care and custody.



15610.06. "Abduction" means the removal from this state and the
restraint from returning to this state, or the restraint from
returning to this state, of any elder or dependent adult who does not
have the capacity to consent to the removal from this state and the
restraint from returning to this state, or the restraint from
returning to this state, as well as the removal from this state or
the restraint from returning to this state, of any conservatee
without the consent of the conservator or the court.



15610.07. "Abuse of an elder or a dependent adult" means either of
the following:
(a) Physical abuse, neglect, financial abuse, abandonment,
isolation, abduction, or other treatment with resulting physical harm
or pain or mental suffering.
(b) The deprivation by a care custodian of goods or services that
are necessary to avoid physical harm or mental suffering.



15610.10. "Adult protective services" means those preventive and
remedial activities performed on behalf of elders and dependent
adults who are unable to protect their own interests, harmed or
threatened with harm, caused physical or mental injury due to the
action or inaction of another person or their own action as a result
of ignorance, illiteracy, incompetence, mental limitation, substance
abuse, or poor health, lacking in adequate food, shelter, or
clothing, exploited of their income and resources, or deprived of
entitlement due them.


15610.13. "Adult protective services agency" means a county welfare
department, except persons who do not work directly with elders or
dependent adults as part of their official duties, including members
of support staff and maintenance staff.



15610.15. "Bureau" means the Bureau of Medi-Cal Fraud within the
office of the Attorney General.



15610.17. "Care custodian" means an administrator or an employee of
any of the following public or private facilities or agencies, or
persons providing care or services for elders or dependent adults,
including members of the support staff and maintenance staff:
(a) Twenty-four-hour health facilities, as defined in Sections
1250, 1250.2, and 1250.3 of the Health and Safety Code.
(b) Clinics.
(c) Home health agencies.
(d) Agencies providing publicly funded in-home supportive
services, nutrition services, or other home and community-based
support services.
(e) Adult day health care centers and adult day care.
(f) Secondary schools that serve 18- to 22-year-old dependent
adults and postsecondary educational institutions that serve
dependent adults or elders.
(g) Independent living centers.
(h) Camps.
(i) Alzheimer's Disease day care resource centers.
(j) Community care facilities, as defined in Section 1502 of the
Health and Safety Code, and residential care facilities for the
elderly, as defined in Section 1569.2 of the Health and Safety Code.

(k) Respite care facilities.
(l) Foster homes.
(m) Vocational rehabilitation facilities and work activity
centers.
Designated area agencies on aging.
(o) Regional centers for persons with developmental disabilities.

(p) State Department of Social Services and State Department of
Health Services licensing divisions.
(q) County welfare departments.
(r) Offices of patients' rights advocates and clients' rights
advocates, including attorneys.
(s) The office of the long-term care ombudsman.
(t) Offices of public conservators, public guardians, and court
investigators.
(u) Any protection or advocacy agency or entity that is designated
by the Governor to fulfill the requirements and assurances of the
following:
(1) The federal Developmental Disabilities Assistance and Bill of
Rights Act of 2000, contained in Chapter 144 (commencing with
Section 15001) of Title 42 of the United States Code, for protection
and advocacy of the rights of persons with developmental
disabilities.
(2) The Protection and Advocacy for the Mentally Ill Individuals
Act of 1986, as amended, contained in Chapter 114 (commencing with
Section 10801) of Title 42 of the United States Code, for the
protection and advocacy of the rights of persons with mental illness.

(v) Humane societies and animal control agencies.
(w) Fire departments.
(x) Offices of environmental health and building code enforcement.

Any other protective, public, sectarian, mental health, or
private assistance or advocacy agency or person providing health
services or social services to elders or dependent adults.

 

[CdwJava]

As a police officer in CA I doubt we would even respond to this call.

Perhaps the two seniors should do their stroll on their own ... I doubt the rules say the committee has to stay together as a herd, anyway.

And the other option is to see how you might be able to get the board president removed if she is so horrible.

Carl

 

[ili]

I vote for getting rid of the president.

Any way you look at this the treatment of this elderly couple is unethical and
unkind. They are being subjected to emotional AND physical suffering. I am
68 and suffer from foot problems and arthritis while my husband has
emphysemia and asthma. As someone told me, "If I had realized how many
aches and pains you have when you get old I would have been nicer to the
elderly when I was young." I hope there is some way to get the Pres. out.
I doubt there is any way to convince her she is not doing the right thing.
People like that generally think they can do what they please. Arrogant?

 

[stealth2]

So, uuhh, did these two board members know of the need to do a walk 'round? Being realistic - it's August in SoCal. Not exactly springlike breezes and temperate weather. While the Pres' behavior may not have been "nice" or "kind" - it's not abusive.

 

[I AM ALWAYS LIABLE]

Any way you look at this the treatment of this elderly couple is unethical and
unkind. They are being subjected to emotional AND physical suffering. I am
68 and suffer from foot problems and arthritis while my husband has
emphysemia and asthma. As someone told me, "If I had realized how many
aches and pains you have when you get old I would have been nicer to the
elderly when I was young." I hope there is some way to get the Pres. out.
I doubt there is any way to convince her she is not doing the right thing.
People like that generally think they can do what they please. Arrogant?

My response:

But, the fact is, people DO get old. If the couple can't keep up with the rigors of their jobs on the board, then they have the option to resign.

The board needs people who can do the job - - not people who gripe and moan. Either they do it, or they retire. Simple.

No one has a gun to their heads.

IAAL

 

[I AM ALWAYS LIABLE]

Any way you look at this the treatment of this elderly couple is unethical and
unkind. They are being subjected to emotional AND physical suffering. I am
68 and suffer from foot problems and arthritis while my husband has
emphysemia and asthma. As someone told me, "If I had realized how many
aches and pains you have when you get old I would have been nicer to the
elderly when I was young." I hope there is some way to get the Pres. out.
I doubt there is any way to convince her she is not doing the right thing.
People like that generally think they can do what they please. Arrogant?

My further response:

"Unethical" and "Unkind"?

Do you even know why they're taking these walks? For their health? No, my dear. They're taking these walks to determine property hazards and liabilities. The insurance company requires it.

These are NECESSARY inspection walks and, like I said, if you or they can't handle these "walks" up and down hilly terrain, then resign your post.

IAAL

 

[CdwJava]

So, uuhh, did these two board members know of the need to do a walk 'round? Being realistic - it's August in SoCal. Not exactly springlike breezes and temperate weather. While the Pres' behavior may not have been "nice" or "kind" - it's not abusive.

Well, if 92129 is the zip code, that's just a hop, skip and a jump from the water in north central San Diego - even in the summer it rarely gets above 85. And the past few days it has peaked in the high 70's.

The one thing I miss about San Diego is the weather ... aaaah ... I'd trade my 95 degree days for a high of 80 any day! 72 and sunny about 340 days a year! (Okay ... its an exaggeration, but not by much)

Carl

 

[SDiego92129]

iLi and rmet make sense

California.
These people still think clearly and have offered their time to help the association. If one of you is a cop super, you wouldn't let them do this to your parents. You'd be all over the board pres with your flashlight in one hand and your donut in the other, not thinking about the law. I was only trying to see if the law can force people to show some respect when seniors are ENCOURAGED to participate, they HAVE in the past, but this was a horse race to keep the elders behind. You're right, the board pres needs to go but this shouldn't be tolerated meanwhile. Sad to think people can get away with this.

 

[stealth2]

Still doesn't make it elder abuse.

 

[rmet4nzkx]

By the looks at your other post about the damage done by tree roots and uneven concrete surfaces and fondations, you have other, more valid issues with this same board president, perhaps you might focus on that.

I didn't say it was elder abuse either, I cited the applicible law and told you it was a streach at best the same as everyone else and they they were not forced to do anything and an organization can make it's own rules, here is my first response minus the code
This is the section for elder law, there is more, it would be a streach because no one is forcing them and organizations can make their own rules:
CALIFORNIA CODES
WELFARE AND INSTITUTIONS CODE
SECTION 15610-15610.65

 

[CdwJava]

If one of you is a cop super, you wouldn't let them do this to your parents. You'd be all over the board pres with your flashlight in one hand and your donut in the other, not thinking about the law.

Actually, I prefer croissants ... and I would probably tell my parents to get off the board so they can get away from this person, not fighting their battle for them - not in this case. But then, my parents would probably have made the walk at their own pace and then submitted their report along with the others. As I said, I doubt the regulations say the board has to walk as a herd on their little inspection tours.

I was only trying to see if the law can force people to show some respect when seniors are ENCOURAGED to participate, they HAVE in the past, but this was a horse race to keep the elders behind.

The law has never been able to force respect down people's throats. People are, and always will be, asses. No law will ever change that. And I personally do not think we want to codify all forms of interaction ... where would that end?

Carl

 

[stealth2]

And I personally do not think we want to codify all forms of interaction ... where would that end?

Carl

We might have to be nice to idiot posters? (And I'm not meaning OP in this thread!)

 

[I AM ALWAYS LIABLE]

People are, and always will be, asses. No law will ever change that.

Carl

My response:

Whew!

I was concerned that I might have to change my writing style on these forums!

Thanks for that bit of information, Carl.

IAAL