Harper Lee and Elder Abuse

Nelle_Harper_LeeIn recent weeks, there has been much speculation about some truly astonishing news – Harper Lee, the famous and reclusive author of “To Kill a Mockingbird,” will be releasing a new novel, a sequel to her first and only, in July. “Go Set a Watchman,”which was actually written before “Mockingbird” and then discarded, will feature many of the original beloved characters from “To Kill a Mockingbird,” mainly Scout Finch, who is now an adult. It has been 55 years since Lee, pictured above, released “Mockingbird,” and she has famously said that she regrets all her fame, and they she had no idea that she would be so thrown into the spotlightTo_Kill_a_Mockingbird when she originally published the book. She has been a staunch recluse for the past half century, labeling herself as Boo Radley, and insisting that she would never publish another novel. Her sister, Alice, pictured below, has been her defender since the beginning, acting as both her lawyer and protector, shielding her from unwanted contact and rumor, and supporting her will to remain solitary and not publish again. Alice died at the end of last year, at the age of 103. The timing of the announcement of the novel’s discovery and release, so closely following Alice Lee’s death, has raised red flags for some.

aliceleeMany, including friends and colleagues of Lee, are stunned by the announcement of “Watchman’s” publication – there is strong speculation that this might not be Lee’s choice, that she might have been pressured into releasing the novel by her lawyer or her publishing company. As of now, Lee has yet to directly communicate with anyone except her lawyer about the decision to publish the novel. All statements and communication are coming through her lawyer, who reportedly was the one who rediscovered the original manuscript of the novel. Not even the publishing company has spoken with Lee. The fear of many is that Lee, who is reportedly mostly blind and deaf following a 2007 stroke, and who, it has also been stated by Alice Lee, will basically sign anything put in front of her, is being taken advantage of by her lawyer. The question is being asked by many: Is Harper Lee a victim of elder abuse?


elder-hands

What is elder abuse?

The U.S. Department of Health and Human Service’s Administration on Aging defines elder abuse as “a term referring to any knowing, intentional, or negligent act by a caregiver or any other person that causes harm or a serious risk of harm to a vulnerable adult,” and the World Health Organization states that elder abuse “is a violation of human rights and a significant cause of illness, injury, loss of productivity, isolation and despair.” Abuse may include physical, sexual, and emotional abuse, as well as neglect, abandonment, self-neglect, and exploitation. Exploitation, especially when it comes to finances, is by far the most reported abuse, and is at the center of the controversy surrounding Lee and her new book.


Who experiences elder abuse?blackeye

The population of adults over 65 is at its largest in U.S. history, and is expected to continue to grow as the Baby Boomer population ages. The 2010 census estimates that there are 40.3 million individuals over 65, or 13% of the population, and it is estimated that by 2050, 20% of the population will be above that age, with more than 19 million over the age of 85. Members of this population, especially those with disabilities or who must rely on caregivers, are at particular risk for this type of abuse.

It is difficult to know or estimate exactly how many individuals experience elder abuse, as it tends to be underreported and go unnoticed. One study estimates that a mere 1 in 14 cases of elder abuse are reported to the proper authorities. Most recent studies estimate that between 7.6% and 10% of elders will have experienced abuse in the past year. It is, however, reported by the Adult Protective Services that incidence of elder abuse is on the rise. The vast majority of abuse cases (more than 90%) are perpetrated by family members, mainly adult children, spouses, and partners, and having a family member with a history of substance abuse, or who consider caring for their family member to be a burden, increased the risk of abuse.

In addition, elders who have forms of dementia are at a higher risk of being victims of elder abuse. Several recent studies have reported that as much as half of the population experiencing dementia have been victims of abuse, often at the hands of caretakers. Elders who live in nursing homes and assisted living facilities are also more likely to become victims of abuse, often from employees and caretakers. In a shocking study of 2000 nursing homes, Broyles (2000) reported that 44% of residents reported experiencing abuse, and that 95% reported being neglected or seeing other residents being neglected.


What is the impact of elder abuse?

One 2009 study found that elders who are the victims of abuse, even abuse that could be considered mild, have a 300% higher risk of death than those who do not. In addition, elders who experience abuse tend to have greater psychological distress, as well as more physical medical problems, from chronic pain to high blood pressure. The cost of elder abuse is clear when the health of the victims is examined.


What signs should you be looking for and what can be done to prevent elder abuse?

The Administration on Aging provides an excellent list of warning signs of elder abuse. It is important, to remember, however, that one sign may not necessarily mean abuse, and that signs and symptoms must be looked at as a whole. The AoA’s list is as follows:

  • “Bruises, pressure marks, broken bones, abrasions, and burns may be an indication of physical abuse, neglect, or mistreatment.
  • Unexplained withdrawal from normal activities, a sudden change in alertness, and unusual depression may be indicators of emotional abuse.
  • Bruises around the breasts or genital area can occur from sexual abuse.
  • Sudden changes in financial situations may be the result of exploitation.
  • Bedsores, unattended medical needs, poor hygiene, and unusual weight loss are indicators of possible neglect.
  • Behavior such as belittling, threats, and other uses of power and control by spouses are indicators of verbal or emotional abuse.
  • Strained or tense relationships, frequent arguments between the caregiver and elderly person are also signs.”

checkbookIt is imperative to be on the lookout for elder abuse, and to report it when it is suspected. It is better to report a suspicion and be wrong than it is to not report out of fear of being incorrect, and to later discover that abuse was indeed occurring.

If you suspect elder abuse, and the elder is in immediate danger, call 9-1-1 or your local police department immediately. If the elder is not in immediate danger, there are other resources that may be contacted. Adult Protective Services are the first and best agency to contact. Numbers for APS by state my be found at the National Center on Elder Abuse’s State Resources webpage. If you are an elder who has experienced or is experiencing elder abuse, it is important to remember that you are not alone and that there are people who care for you and who can help you. Please tell someone you trust, whether it be a family member, friend, or even a doctor. You can also call the Eldercare Locator immediately at 1-800-677-1116, and an operator can refer you to local agencies that will be able to help you.

Finally, if you suspect nursing home abuse, please contact your Long-Term Care Ombudsman.

Regardless of who you call, you should be prepared with several pieces of information, including the elder’s name and address, the contact information, and the reasons you are concerned for their welfare. You might also be asked about any disabilities that may have, including memory issues, medical problems, what the elder’s support group is like, and if you have seen any incidences of violence, such as hitting or yelling, involving the elder. You will also be asked to give your own name and contact information, though more often than not, agencies will take your report even if you are not willing to provide that information.

Following a report and if there is suspicion that elder abuse is indeed occurring, APS will assign a caseworker and the claim will be investigated. Elder abuse is most often investigated by APS first, though law enforcement, Long-Term Care Ombudsman, and Eldercare Locator may also be involved.


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What does CDEL do when it encounters elder abuse?

The Center for Disability & Elder Law is committed to reporting and elder abuse if and when it is encountered. In working with the elderly population, and with elders who may have disabilities, it is crucial to be on the lookout for any signs of elder abuse, as that population is more vulnerable. Typically, CDEL encounters abuse cases that are mostly related to exploitation, mainly financial. Often, the abuse will come to light when an adult child or guardian is seeking law help for the elder. If physical abuse is suspected, CDEL is committed to being sure that the proper authorities are contacted, and that the victim of the abuse receives the care that they need.


Harper Lee and Elder Abuseharper-lee1

It is highly likely that the public will never know the details behind the decision to release “Go Set a Watchman,” barring Lee giving an in-person interview about it, which she has refused to do for decades. Speculation and rumors will continue to swirl from now until the novel’s release, and for long after. While we’ll probably never know if there was abuse or not, the news of the new novel and its controversy has brought elder abuse, a major issue impacting a vulnerable population, to the spotlight. Elder abuse tends to be ignored, especially considering the other types of abuse that happens to other populations and age groups. Compared to other cultures, elders in our culture are typically given less attention than others, and the issues that impact them, especially abuse, tend to be ignored. It is critical that there is a discussion of elder abuse, as well as education on what to do when abuse is suspected, and what can be done to prevent it. Without that, there will never be a reduction in such abuse’s incidence.


Read more:

http://www.aoa.gov/AoA_programs/elder_rights/EA_prevention/whatisEA.aspx

http://www.ncea.aoa.gov/

Broyles, K. (2000). The silenced voice speaks out: A study of abuse and neglect of nursing home residents. A report from the Atlanta Long Term Care Ombudsman Program and Atlanta Legal Aid Society to the National Citizens Coalition for Nursing Home Reform. Atlanta, Ga: Authors.

Dong X, Simon M, Mendes de Leon C, Fulmer T, Beck T, Hebert L, et al. (2009) Elder self-neglect and abuse and mortality risk in a community-dwelling population. Journal of the American Medical Association, 302(5),517-526.

http://ncea.aoa.gov/Stop_Abuse/Get_Help/State/index.aspx

http://www.ltcombudsman.org/contact