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18 November 2014

Reporting Mis-Appropriation

According to a statement by the Ohio Attorney General's office, elder abuse affects an estimated one in nine people age 60 and over. That being said, cases are rarely are reported, and if reported, action is rarely taken to stop the abuse.  To combat this, the Attorney General's office set up a task force of sorts to assist with reporting and investigation:  www.OhioAttorneyGeneral.gov/ElderAbuse or 800-282-0515. 

Reporting the abuse is the first step, but meaningful reporting is critical.  Too often, especially in cases of financial abuse, the reports are scant and lack detail needed for a proper investigation.  State laws now require reporting, but unfortunately there isn't much direction on how to complete a report.  Without complete and detailed information, authorities are at a loss in investigating and uncovering financial abuse.

The following 10 tips should be followed when reporting financial elder abuse, to complete the paperwork more quickly and efficiently. And that's only one of the benefits. Anyone who reads the report (a lieutenant, reporter, or attorney) will act more swiftly based on the professional manner in which the suspected abuse is reported, will be able to avoid outdated (and time-wasting) wordiness, and suspected abuse can be stopped more readily.

1. Use names and pronouns (I, he, her) when writing about personal knowledge and suspected events/parties. Avoid outdated expressions like "this officer" and "the abovementioned witness" or "victim 1."  Use everyday language ("I", "me"), as the report/statement is actually testimony.

2. Limit the report to one idea per sentence.  Use short, straightforward sentences that are easy to read and understand, saving time for everyone. The longer a sentence is, the more likely to make an error or to be misunderstood.

3. Start every sentence with a person, place, or thing.  Normal sentence structure in English begins with a noun, and the grammar is simple: Just put a period at the end. Complicated sentences, on the other hand, require complicated punctuation, and they open the door to sentence errors.

4. Try to limit each sentence in the report to three commas.  If a sentence has more than three commas, it’s probably too complicated to be read easily, and it may contain usage or punctuation errors.

5. Be as clear and specific as possible.  Merely stating that the facility wasn't paid doesn't constitute reportable abuse.  What caused the non-payment, what is suspected?  For example, who handles the financial affairs, how is this known, and what assets appear missing, are critical facts to report.  Always strive for clarity.

For example, the following is taken from an actual report filed, and does not contain details sufficient to alert the authorities to actual abuse.  It fails to advise that the elder adult is at risk of discharge for non-payment, that it is suspected that the third party is stealing the elder adult’s resources for personal gain.

6. Use simple language.  "Since" is easier to understand (and write) than "inasmuch as." "Pertaining to" is a fancy (and time-wasting) way to write "about."

7. Stick to observable facts.  Conclusions, guesses, hunches, and other thought processes do not belong in a report. Stick to the facts.  If a third party or family member has taken resources, state exactly what is known to be missing/taken, i.e. social security checks have been taken.

The above report example could be improved by stating:  An elder adult, who is a resident of X nursing home, is suspected of being abused by Y.  X has monthly income from social security in the amount of $xxx.xx.  It is believed that Y is taking the monthly social security for personal use.  X is now at risk of being discharged from the nursing home, for non-payment.  It is believed Y has taken 5 month’s worth of checks from X.

8. Write in paragraphs.  Organizing information in groups (what has been observed, what actions were taken, what evidence was collected) has two important benefits: the report is more logical, and it's easier to read and understand later.

9. Use active voice. A widespread (and mistaken) notion says that passive voice guarantees objectivity and accuracy. False. Writing a sentence like "A pension check was not turned over" does not guarantee truth. It's much simpler just to write "The daughter refused to turn over the pension check; and signed it over to herself."

10. Use bullet style format when recording several pieces of related information:

Larry Holden told me the following:

  • He lost his job.
  • He needed funds to pay his mortgage.
  • He held a Power of Attorney for his mother, the resident.
  • He used his POA to cash her pension checks for his personal use.
A well-written report can play a big role in resolving a case or winning a lawsuit, so it's important to make sure the report is detailed, factual and easy to read.  It's important to begin writing the report as soon as possible after an incident occurs. Otherwise, the details might start to get murky.  Keep a copy of the report for internal records. It may be needed to refer back to it in the future.

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