victim of elder abuse - Oregon

[Jrnalist2RNinOR]

Independence woman victim of elder abuse

http://news.statesmanjournal.com/article.cfm?i=70524

Special to the Statesman Journal

Fiercely independent, Maxine Marquis wanted to spend the final years of her life at her home in Independence. Instead, her health was neglected and her savings were plundered. Her former caretaker faces trial Nov. 20.

Near the end of her long life, authorities say, Maxine Marquis became a victim of neglect and theft.

ALAN GUSTAFSON

Statesman Journal

November 9, 2003

Crippling arthritis confined Maxine Marquis to a hospital bed in the living room of her Independence home.

At 88, she refused to dwell on her fragile health or the countless hours that she spent alone. She offered visitors a warm smile, along with her best known trait: a gift for gab.

Neighbors enjoyed hearing Marquis talk about the "old days" in Independence. She conjured up comforting images of small-town life. The cruel aspects of her own life went unspoken.

Widowed and without children to rely on, Marquis became dependent on a part-time caregiver.

Tragically, authorities say, she became a victim of elder abuse.

Bedsores scarred her back because she was left to lie for hours without being moved. A tongue lesion grew into a plum-sized cancerous tumor. Tens of thousands of dollars vanished from her bank accounts.

Criminal charges pending against caregiver Susan Burkey allege that she stole at least $70,000 from Marquis and subjected her to mistreatment. Investigators say Burkey used stolen money to buy pricey items for herself, including a Ford Explorer, a digital TV, a home theater system and a computer system. Authorities want to confiscate those items through Oregon's criminal forfeiture law.

Burkey, 38, of Salem, has pleaded not guilty to a 10-count indictment that includes five counts of aggravated theft and two counts of criminal mistreatment. A Polk County trial is scheduled for Nov. 20. However, it probably will be reset for a later date, according to lawyers for the state and Burkey.

Details of the case, drawn from court documents and police investigative reports, shed light on a vivid example of a dark national problem.

Government officials and advocates for seniors estimate that anywhere from 500,000 to 5 million older Americans are victimized each year. Incidents range from beatings to sexual assaults and financial exploitation.

In Oregon, older residents have been bilked out of their life savings, killed by drug overdoses, starved to death and forced to lie in bed in their own excrement until their skin was torn away.

A life slipping away

Fiercely determined to stay in her own home, Marquis quietly endured her plight, even as her life narrowed to a bedridden, solitary existence.

Home was her connection to happier times.

Chatting with neighbors, Marquis loved to talk about Independence history.

Personal memories blended into her verbal scrapbook. She told about attending a brick schoolhouse that was built in 1925. She reminisced about relatives and spirited softball games they played in the alley that stretched alongside her home at 664 C Street. Best of all, she remembered working at the local Isis Theater with her husband, Fred.

As with everyone, life delivered hard knocks and heartaches, too. Relatives moved far away. Fred Marquis died at home after a long battle with cancer. Compounding her sorrow, Maxine missed his 1982 funeral after suffering a fall that left her with broken bones.

In recent years, Maxine became mostly bedridden. Her wizened hands reflected the ravages of arthritis.

Cut off from the outside world, Maxine regarded Burkey as a trusted friend. The caregiver usually stopped by Maxine's home before and after her full-time job with a state agency in Salem that helps Oregonians obtain health care insurance.

In May, Maxine signed papers granting Burkey power of attorney. That gave Burkey decision-making control over Maxine's money.

Maxine collected $641 per month in Social Security benefits. By no means was she poor, though. Her bank accounts, insurance annuities and investments were worth more than $300,000.

Shortly after Burkey took financial control, tens of thousands of dollars suddenly disappeared, investigative reports show.

Acting on an anonymous tip, an Oregon protective services caseworker visited Maxine in June. Only then, did she get around-the-clock care, plus legal protection to safeguard her money.

A preventable death?

State intervention came too late. Doctors determined Maxine's tongue cancer was too far gone for treatment. There was no hope for a recovery.

Comforted by hospice workers, Maxine died Sept. 13.

Her death was "completely preventable," said Independence Police Det. Mathieu LaCrosse, who investigated the case. He said a doctor concluded that Maxine's cancer could have been successfully treated with earlier medical attention.

LaCrosse said he tries to remain emotionally detached when it comes to his police duties. But this case angered him.

"Obviously, we've lost an elderly citizen who was taken advantage of. Yeah, I'm mad. I'm a citizen as well as a cop," LaCrosse said. "I know if it happened to my mom, I'd be livid."

Burkey was arrested in August and freed after posting $5,000 bail.

Burkey's lawyer, Jeff Jones of Salem, said he would not allow his client to comment on the case. "Her court is where she talks. She doesn't talk in the papers," Jones said.

Burkey remains on the state's payroll. She is paid $2,544 per month as an eligibility specialist for the Family Health Insurance Assistance Program, a branch of the state Insurance Pool Governing Board. Created by the 1987 Legislature, the small agency helps Oregonians gain access to health care coverage.

Job duties listed for Burkey's position include reviewing client eligibility forms, handling incoming mail and assisting with special projects. Pending the outcome of the criminal case, Burkey's access to client files has been restricted, said Etta Foote, human resources specialist for the agency. No other decisions about her employment status will be made until the case is resolved, Foote said.

"We don't know what's going to happen yet," she said. "We're just staying informed, and we're waiting for the decision."

Joy turns to sorrow

Maxine Orey was born in Portland on June 27, 1915. Before she was finished with grade school, her father packed up the family and moved them to Independence. He farmed in the fertile fields surrounding the small town.

Maxine married Fred Marquis in 1932. Six years later, they bought a modest home on C Street. It was only a couple blocks away from the brick school Maxine attended during her childhood.

The married couple frequently walked to the nearby Isis Theater. Maxine worked as the theater's ticket taker. Fred was employed as the film projectionist.

After Fred returned home from Europe following military service during World War II, the couple bought the theater. They successfully ran the business for many years before selling it. The now-defunct theater is a footnote in city history.

The Marquis' marriage produced no children. By all accounts, it was resilient and strong. When Fred was stricken with cancer, his wife tenderly cared for him until he died.

As Maxine aged, rheumatoid arthritis attacked her joints. Household chores turned into daunting tasks. About 10 years ago, Maxine began receiving housekeeping services provided through Oregon Project Independence, a state program designed to assist elders in their homes.

Arthritis eventually robbed Maxine of her ability to walk. To simplify life, she started sleeping on a sofa in her living room a few years ago.

Drivers who delivered food to Maxine's home through a Meals on Wheels program occasionally found her in helpless circumstances, sprawled on the floor or stuck on a portable toilet. She needed helping hands to get back into bed.

Senior services investigators twice came to Maxine's home to look into concerns about her welfare, in October 2000 and February 2002. Both times they determined that she was self-neglectful, essentially failing to take care of herself.

Grudgingly, Maxine admitted that she could use more help. She agreed to pay for an in-home caregiver.

Enter Susan Burkey.

Aide's role grows

Burkey became Maxine's part-time care provider in May 2002, a police report shows. At that time, Burkey was employed by the local Senior Services agency in Albany. She also served as a trainer for new care providers.

Karuna Neustadt, program manager for the senior services agency in Albany, declined to discuss Burkey's tenure there or shed light on the circumstances that led to her caregiving role in Maxine's home.

Court documents indicate that Burkey's caregiver pay started at $200 per week. She received raises under amended terms worked out between herself and Maxine.

As outlined in one contract, Burkey's duties included grocery shopping, meal preparation, dishwashing, garbage removal, laundry, exercise, grooming, medication reminders and helping Maxine get in and out of bed.

Typically, Burkey spent about two hours per day with Maxine, investigative reports show.

In September 2002, Burkey made a 911 call after she found Maxine lying on the floor in her home. Maxine was briefly hospitalized, then placed in a nursing home.

After a short stay in the care facility, Maxine returned home after Burkey arranged for a hospital bed to be placed in her living room.

Neighbor Joe Hedrick, a frequent visitor to Maxine's home, said she made clear her desire to never enter another nursing home.

"She wanted to live out her life in her home," he said. "She was a proud person. She was a little stubborn, but who isn't?"

Hedrick said he occasionally chatted with Burkey. He assumed that Maxine was in good hands.

Questionable finances

In February 2003, Burkey began working in Salem for the state Family Health Insurance Assistance Program. She continued providing part-time care for Maxine, making her visits before and after work.

On May 6, Burkey and Maxine agreed to a new contract. Burkey's pay was increased to $1,500 per month. In addition, Maxine agreed to provide her with an annual "gift" of $11,000.

A separate agreement, also dated May 6, granted Burkey power of attorney over Maxine's finances.

Records indicate that Maxine and Burkey consulted with a Salem attorney, Ryan Gibb, about the contractual arrangements. Gibb later told investigators that he deemed Maxine competent to make informed decisions.

As soon as Burkey took the financial reins, police reports allege, she starting writing hefty checks to herself and withdrawing large sums of money from Maxine's accounts.

Within a two-day period, May 6 and 7, Burkey reportedly wrote the following checks: $7,500, deposited into her account; $7,110, cashed; $5,945, written for "cash"; and $11,000, a "gift" for her caregiving duties.

Investigators who followed the money trail found at least two more transactions in May. On May 23, a $20,600 withdrawal was wired from one of Maxine's accounts. A week later, Burkey cashed a check for $20,000.

Investigative reports show Burkey went on a buying spree and bragged to co-workers about her plans to build a house. She told them that she was working for an elderly lady who "had so much money she did not know how much she had."

State investigates

In June, state Adult Protective Services staff fielded an anonymous tip, raising concerns about Maxine's welfare.

On June 9, protective services worker Lucinda Laird visited Maxine. By then, court documents suggest, Maxine was faring poorly.

Lying in her hospital bed, Maxine spoke to Laird in slurred words. She was drooling heavily. Her tongue appeared swollen. She wasn't able to reach a bedside table for food.

When Laird questioned Maxine about her finances, she remembered granting Burkey power of attorney. But Maxine wasn't aware of any large withdrawals from her accounts.

Questioning the wisdom of granting Burkey access to her money, Laird mentioned the possibility of seeking a court-appointed conservator to act as a watchdog on her finances. Maxine agreed.

At Laird's behest, Salem lawyer Robert Dorszynski quickly filed a court petition seeking to act as emergency conservator. A judge approved the petition.

Concerned about Maxine's physical condition, Dorszynski arranged for a care manager, Dee Humphries, to evaluate her health and treatment. When Humphries examined Maxine on June 20, she found four bedsores on her back.

About 5 p.m. that same day, Burkey arrived to see Maxine. Humphries asked Burkey pointed questions.

In response, Burkey said she couldn't believe that anyone would suspect her of theft. She blamed Maxine's bedsores on a bath aide. She said Maxine expressed no interest in eating or going to a doctor.

Humphries sharply disputed Burkey's assertions. As Humphries told it, Maxine wanted to see a doctor, and she wanted to eat, if someone took the time to help her.

Burkey said she simply didn't have time to tend to Maxine's needs.

"I have a life, you know," she said.

Humphries told Burkey she was no longer needed as Maxine's care provider. Humphries launched a concerted effort to provide Maxine with medical attention and around-the-clock care.

On June 25, a doctor examined Maxine at her home. The plum-sized sore on her tongue was identified as a fast-growing cancer. It was too late to treat it with radiation, surgery or any other remedy.

A nephew's pain

Looking back on his own Depression-era childhood in Independence, Richard Orey fondly remembered alley softball games, family gatherings, and the heydays of the Isis Theater.

Orey, a nephew of Maxine, moved away from Independence more than 50 years ago. But he stayed in touch with Maxine via phone calls and letters.

"Over the years, Maxine was a real great conversationalist," he said.

During a telephone conversation last spring, Orey sensed something amiss. "She said everything was fine, but I could tell it wasn't," he said.

Acting on a worried hunch, Orey decided to visit Maxine in mid-June. He steeled himself for changes. "After 50 years, I was prepared to be shocked, to see somebody that was a lot older," he said.

Maxine sobbed when Orey walked into her home, then wrapped his arms around her in a gentle hug. "I thought I'd never see you again," she cried.

Despite his mental preparation, Orey was taken aback by her condition. "I had no idea her circumstances were that bad, that she was this helpless," he said.

Orey soon learned that authorities were conducting an investigation into Maxine's care. He took it upon himself to become her court-appointed guardian. When her condition became terminal, it fell to Orey to authorize hospice care.

Though Orey returned to his home in Chula Vista, Calif., he called Maxine daily. She still loved to talk, he said.

Maxine died at home Sept. 13. In keeping with her wishes, no services were held. She was buried at Cityview Cemetery in Salem, next to her husband.

Orey praises Oregon officials for coming to Maxine's rescue after getting the anonymous tip.

Still, Orey, 70, thinks the case raises questions about government oversight of in-home caregivers and their vulnerable charges.

"This is the crack in our security that needs to be monitored somehow," he said.

In Oregon, state oversight doesn't exist in homes where older residents privately pay caregivers to tend to their needs. As with Maxine, the state intervenes only to check out a complaint of elder abuse or neglect.

Orey believes there is a lesson for everyone in Maxine's case.

"If you can be lucky to live long enough, you might end up being unlucky too," he said. "We're all going to get old someday."

[sjoe]

"If you can be lucky to live long enough, you might end up being unlucky too," he said. "We're all going to get old someday."

1) Everyone who does not plan ahead, financially as well as nurturing an appropriate emotional and legal support system, in fact DOES depend on luck. And, IMHO, has no one to blame when someone ELSE has not done this plannning for them. I always think, for those who bemoan the current situation, how much time, energy, money, etc. do THEY put into creating the kind of system they speculate that someone ELSE should have already provided? These systems do not spring forth out of thin air. It is not "owed" to anyone that they somehow magically be provided (and funded) by someone else.

2) So far as death being "preventable," this is, of course, foolishness. Everyone dies, it is simply a matter of when and how. Medical interventions that predominantly prolong patients' dying (and their suffering) is a far more important, and more expensive, form of elder abuse than that in the case cited above. And, again, this kind of abuse occurs to people who have not done adequate planning. They take whatever "pot luck" their insurance companies and healthcare facilities work out among themselves.

3) So far as "we're all going to get old someday," this is equally untrue. Most of the world's population of 6 billion + people do NOT get old.

Cheap sentiment is not useful except to create a sense of self-righteous indignation in those holding it. It solves no real-world problems.

In My Usual Humble Opinion