Hearings to examine awareness to action, focusing on combating elder abuse and neglect.
2025-07-30
Source: Congress.gov
Summary
This hearing, held by the Judiciary Committee, addresses elder abuse, financial exploitation, and the need for stronger federal policies. Key witnesses include AARP, the National Consumer Voice for Quality Long-Term Care, and state attorneys like Florida's Attorney General. Topics include the rising threat of deepfake and crypto scams, the importance of long-term care ombudsman programs, and the critical role of the Administration for Community Living. Speakers emphasize that elder abuse is widespread and underreported, with calls to reauthorize the Older Americans Act, expand elder justice programs, and strengthen training for law enforcement. The hearing underscores the need for coordinated state and federal action, improved awareness campaigns, and better data collection to protect older adults from financial fraud, neglect, and institutionalization.
Participants
Transcript
Act led by Senator Britt and Gillibrand and co-sponsored by Chairman Scott which will give local law enforcement the tools to fight financial exploitation. We appreciate the leadership of other committee members on financial abuse legislation and it's supported by AARP. Guardianship is another important issue. While guardianship can protect people from harm, it transfers control over their decisions to another person, and it's not a guarantee of safety. That's why AARP supports stronger oversight, due process protections, and alternatives like supported decision making. States are leading the way. AARP is involved in Oklahoma. We just passed the Neal's Law as the example I shared with you about Neal. They allow civil lawsuits against abusers. Took us four years to pass. We also passed the dementia training requirement for investigative teams. And in a few weeks, we are hosting our first ever Tribal Elder Abuse Code Summit in Tulsa. Another great example in AARP Pennsylvania supported bipartisan legislation improving guardianship system by appointing counsel, requiring exploration of alternatives, and imposing certain certification requirements for professional guardians. AARP New York successfully advocated for increased budget funding for long-term care ombudsman program that allows them to investigate more long-term care facilities. And AARP Florida supported legislation requiring the establishment of statewide database of guardianship data, which is important to confront. In short, elder abuse is real, it's widespread, but it's also preventable with smart policies, strong laws and implementation, trained professionals, strong community support, and successful state solutions should be scaled and expanded. We urge Congress to reauthorize and fund the Older Americans Act, pass the Guard Act, and expand family and caregiver support, and we encourage further investment in data collection and public education so that older adults and families know their rights and where to turn for help.
They're a strong group of volunteers that help us with our mission every day, and we couldn't do it without them. Thanks for letting me be here. Thank you so much. I think the ranking member is going to introduce our last witness today. Thank you, Madam Chairwoman. I want to move to introduce our final witness, Ms. Lori Smetanka. Ms. Smetanka serves as the Executive Director of the National Consumer Voice for Quality Long-Term Care, which represents individuals receiving long-term care facilities and home and community-based settings. Ms. Smetanka has a long history of advocating for individuals receiving long-term care and services and is a nationally recognized expert on nursing homes, long-term care policy, and elder abuse. Thank you for being here. You may begin your testimony. Thank you, Chairman Scott, Ranking Member Gillibrand, and members of the committee. Thank you for holding this important hearing. The National Consumer Voice for Quality Long-Term Care is the leading national organization representing consumers of long-term care. We're deeply concerned about the ongoing crisis of elder abuse, neglect, and exploitation. At least one in 10 older adults experience abuse, and nearly half of those with dementia are affected.
Isolation, cognitive decline, and dependence on others increases vulnerability, and too often these individuals are placed under guardianship or institutionalized under the guise of keeping them safe. Yet elder abuse is underreported and underinvestigated. Victims are often embarrassed to report, fear retaliation and the loss of independence, or think that nothing can be done. Those with cognitive impairment often are unable to report or ignored if they try to speak up. We recommend federal action in four areas. First, support elder justice. Elder justice programs such as the Long-Term Care Ombudsman Program and Adult Protective Services provide critical supports that protect older adults while promoting their well-being and access to justice. Reauthorization of the Older Americans Act along with greater investment by Congress is necessary to ensure the availability of these services to an increasingly older population. Mandated to advocate for long-term care facility residents, the ombudsman program works to improve quality, protect residents' rights, and address problems before they escalate into bigger issues. Ombudsman intervention has included preventing evictions of nursing home residents to homeless shelters, coordinating referrals to legal services to help residents get out from under guardianship, and coordinating with APS and law enforcement on behalf of residents being financially exploited. Federal funding for the program is necessary to ensure that all residents have access to an advocate. Despite growing demand for ombudsman services, funding has not kept pace.
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