By Hon. Gail Prudenti

Before this decade is over, about a quarter of New York State’s population will be over the age of 60. Meanwhile, the 85-and-up populace is the fastest growing demographic subset in the state. This is a population that is inherently susceptible to abuse and exploitation, and the type of people who would take advantage of these vulnerable citizens know it.

A common con is the “grandma, it’s me” scam: A hysterical young person calls, pretending to be a grandchild and claiming to be in trouble for driving under the influence of cannabis and begging them not to tell the parents. The “grandchild,” whose voice is a little hard to make out because of the fake crying, puts a fake police officer on the phone, who instructs the victim to quickly wire over several thousand dollars for bail. 

I am aware of an elderly couple — well-educated, intelligent people in their mid-80s — who fell for it, thinking their beloved grandson needed their help. They’re out $5,000.

Although as a group those over 65 are much less likely to become crime victims than younger people, the elderly are increasingly victimized by various forms of abuse — physical abuse, emotional abuse, sexual abuse, neglect, abandonment and, most commonly, financial exploitation. Solid statistics, though, are hard to come by since we only know what has been reported and, in many jurisdictions, mandatory reporting laws are either weak or inconsistent.

The federal government’s estimates range from 500,000 to two million incidents of elder abuse annually. In New York, the Office for the Aging cites the incidence of elder abuse at about 300,000 per year. The Centers for Disease Control and Prevention contends one in 10 Americans aged 60 and above have experienced some form of elder abuse in the last year alone.

A study by the New York State Bar Association, Under the Radar: New York State Elder Abuse Prevalence Study, showed that 14 percent of all older adults in New York State experienced some form of elder abuse since turning 60. What’s more, the Bar Association report concluded that for every incident documented by state agencies, 24 went unreported. Tragically, many elderly victims won’t report because they are embarrassed and that includes the couple I mentioned earlier who fell the “grandma it’s me” scam), or because the abuser is their caretaker—the only person nearby that they can “rely” on.

Researchers and experts can’t seem to agree on what “elder” means — over 60? over 65? or is it a matter of mental capacity rather than an arbitrary age? — let along what all constitutes “elder abuse.” What we do know is that the many, many shapes of elder abuse implicate all sorts of laws, criminal and civil.

Our criminal courts increasingly deal with physical assaults, fraud and other crimes perpetrated against an older population.

Our civil courts deal with such thorny issues as competency: Does the elderly person have the capacity to sign a contract, and if not is the contract enforceable?; does the elderly person have the capacity to consent to or refuse medical treatment?; does the elderly person have the capacity to intelligently change his or her will?; does the elderly person have the capacity to consent to marriage—and what standing has the relative convinced that the suitor is trying to work his way into grandma’s estate rather than her heart? These are thorny legal questions, and oftentimes there is no clear answer.

I think we all need to be on the alert for the signs of possible elder abuse. Are there unexplained bumps and bruises, and does the older person become guarded when you inquire? Does the individual suddenly seem withdrawn or scared? Has their personal hygiene declined noticeably? Is the individual transferring assets or writing checks for cash? Is their cellphone off more than it used to be, or are you getting odd responses to texts that may indicate someone else is “managing” their communications? 

The tricky thing is, all of the above could be evidence of elder abuse. Or not.

A bill pending for years in the New York State Legislature would require the state Office for the Aging to develop elder abuse training and offer that training to senior service centers and contractors. However, experts say that elder abuse most commonly occurs in the home, which puts the onus on family, friends and neighbors to know the signs and maintain a watchful eye.

If you witness abuse, call 911. If you suspect someone is a victim of elder abuse, call the NYS Adult Protective Services Helpline at 1-844-697-3505. As with homeland security, if you see something, say something.

Hon. Gail Prudenti is the Former Chief Administrative Judge State of New York and a Partner at Burner Prudenti Law, P.C. focusing her practice on Trusts & Estates. Burner Prudenti Law, P.C. serves clients from New York City to the east end of Long Island with offices located in East Setauket, Westhampton Beach, Manhattan and East Hampton.

This article originally appeared in TBR News Media’s Prime Times senior supplement on 01/25/24.