July 2009
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Scott Spallina is passionate about his work. Not because it's glamorous, but because it helps people.

Spallina is chief of the Elder Abuse Unit in the prosecutor's office. In fact, he created the unit and is still expanding its community outreach. The unit was started a year ago with the strong support of Prosecuting Attorney Peter Carlisle who had wanted such a specialty within his office for a long time.

In 2008, the unit handled 71 elder abuse cases, and probably twice as many were not reported. Elder abuse is defined as “an action by a person usually in a position of trust that causes harm to a senior, either physical, financial, emotional, sexual abuse or neglect."

Spallina wants people to know that "elder abuse does happen in Hawaii." Elder abuse takes many forms and is often perpetrated by a family member or close confidant such as a caregiver. It is a "grossly underreported crime."

When police suspect elder abuse, they call Spallina and bypass the usual prosecuting attorney’s procedures. As a result, Spallina is on call 24-7. He handles all the felony abuse cases and plans to add a second felony attorney to his staff, which also includes seven attorneys who deal with misdemeanors.

His mission and that of his unit is "to enhance awareness, prevention and prosecution of crimes affecting" those age 60 and older. According to Spallina, elder abuse crosses all social, ethnic and economic lines just like domestic violence. Spallina understands this well because he spent the previous 13 years as a prosecutor working on domestic violence cases.

He points out that elder abuse was the forgotten crime and now, because of its sheer numbers, it's becoming more mainstream and is getting the attention it deserves. Seniors are more vulnerable than a typical crime victim and are attractive targets because they have assets, according to Spallina. So he created a special policy within the prosecutor’s office. Anyone committing a crime against someone age 60 and older is not released from jail pending investigation like other property or assault crimes, which means they get into the court system faster. This is important when dealing with seniors who may be forgetful.

"It's important that these victims not be shuffled around," he says.

He has worked on building bridges with outside agencies, noting that he has "a very collaborative relationship now" where it used to be reactive. And he has praise for the work done by Adult Protective Services. He was able to get APS a direct line to police detectives to report possible crimes against seniors. Spallina also is teaching police recruits, first responders and now medical students about elder abuse. They are the first line of defense in recognizing possible elder abuse.

Others who should be alert to possible elder abuse or fraud involving a senior are mail carriers, neighbors and bank personnel.

A graduate of Chaminade University and the University of Hawaii law school, Spallina spent a year and a half as a private investigator before deciding on a law degree. He admits he takes his work home, but says his wife Cindy, a gerontology social worker, is a "tremendous resource. She offers insights and reminds me where the system fails."

Spallina is dedicated to making the system work for and protect Hawaii’s seniors.

Types of Abuse:
Physical abuse: Infliction of physical harm or injury upon a person age 60 or older. Examples are assaults, unreasonable physical restraint, wrong doses of medication or prolonged deprivation of food or water. Some warning signs include bruises in various stages of healing, soiled clothing and bedding, injuries that reflect the outline of an object (belt, hand, rope).
Financial abuse: Mismanagement of money, property or other assets belonging to a senior. Warning signs include abrupt changes in a will or other documents, unexplained disappearance of valuable possessions, expensive gifts to others, unpaid bills despite adequate finances.
Emotional abuse: Another person intentionally tries to inflict mental suffering or emotional anguish on another person. This can include yelling, threats, destruction of property and publicly humiliating the victim. Warning signs include seeming frightened or confused, constantly apologizing/trying too hard to please or going into fits of inappropriate anger.
Sexual abuse: Involves unwanted or nonconsensual sexual contact. Warning signs are severe depression, unusually quiet, soiled bedding and undergarments, unusual bruising in private areas.
Neglect: This occurs when an individual responsible for providing care to an elder fails to do so. It can include denying food, proper medication, clean clothes, daily hygiene/medical attention. Warning signs are exposure to safety hazards, absence from family gatherings and having the caregiver always present and speaking for the senior.
Anyone suspecting abuse involving a senior should call Adult Protective Services, 832-5115. Other helpful numbers are the Elder Law Program, which provides free legal advice and services, 956-6544; and the senior helpline, a referral service for many senior needs, 768-7700.

Tips to Prevent Financial Abuse:
• Cancel credit cards not in use.
• Balance checkbook monthly.
• Never give credit or ATM cards to family or friends.
• Never keep a personal identification number (PIN) in the same place as the ATM or credit cards.
• Deal with only licensed contractors and ask for their license.
• Don’t pay cash for construction and repair work and don’t pay the full amount before the job is completed.
The Better Business Bureau monitors and provides information on businesses and contractors. Its number is (877) 222-6551.