The Ethics of Elder and Vulnerable Adult Abuse – Part 1

• ​Randy Nichols, Former District Attorney General Knox County
• Tammy Hicks, Assistant District Attorney Knox County

This session will discuss numerous ethical issues that arise when professionals are dealing with elder and vulnerable adult abuse situations. From doctors to lawyers to social workers to police officers to bankers, all professions that interact with elderly and vulnerable adults will, at some point, deal with an abuse or neglect situation, whether that’s physical abuse or neglect or financial abuse or neglect. This session will flesh out those issues, including discussing the applicable codified ethical rules that apply and looking at various hypothetical situations and the appropriate response to those situations.

Break

The Ethics of Elder and Vulnerable Adult Abuse – Part 2

• ​Randy Nichols, Former District Attorney General Knox County
• Tammy Hicks, Assistant District Attorney Knox County
• Bill Reeves, Attorney, Wise and Reeves
• Carolyn Levy Gilliam, Attorney, McDonald, Levy & Taylor

This session will discuss numerous ethical issues that arise dealing with elder and vulnerable adults, as well as potential abuse of this population, from the view point of a private attorney. The issues of potential conflicts that can occur due to the incompetency of the elder. The strategies and options to consider when the elder no longer has the competence to make their own decisions, as well as the potential ways to prevent and/or stop the elder abuse or exploitation.

Exhibit Area Open!
Networking & Partner Education

Welcome

• Aaron Bradley
• Paul Greenwood
• Tracy Armstrong

General Session

• Philip Gentile, Special Agent, US Postal Inspection Service US Attorney and Homeland Security
• Paul Greenwood, Greenwood LLC / Former Deputy District Attorney General for San Diego County’s Elder Abuse Prosecution
• James Dunn, Director, TN Commission on Aging and Disability
• Mac D. Heavener, III, Assistant United States Attorney U.S. Attorney’s Office Eastern District of Tennessee 
  • An in-depth presentation from the United States Postal Inspection Service and U.S. Attorney’s Office on how Federal Elder Abuse and Financial Exploitation cases are investigated and prosecuted. This session will also include an overview of how law enforcement and others can make referrals to federal agencies for review. We will also include a detailed strategy from a District Attorney with over 20 years’ experience as an Elder Justice Prosecutor. This session will provide an update of the work that is being done by the Tennessee Commission on Aging and Disability in the Elder Justice space

Break

Workshops

• Overview of Tennessee Elder Abuse Laws
  • Tammy Hicks – Knox County ADA
    • I will walk through the Elderly and Vulnerable Adult Protection Act of 2018 (TCA §§ 39-15-501 through 514) with emphasis on important investigatory aspects and prosecution points which are vital to prosecuting cases under these statutes. I will discuss common difficulties that arise in these investigations and prosecutions and will look at ways to minimize those difficulties.
• Elder Abuse: A Bank’s Perspective
• Cheryl Hartsell, Senior Vice President / Chief Operations Officer First Community Bank of the Hartland
  • A Banking perspective of financial exploitation and scams and how financial institutions can help. This workshop will explore different types of scams financial institutions are identifying and reporting. Banks response to exploitation and scams, the warning signs, and how the protect depositors. Attendees will gain a better understanding of how financial institutions respond to suspicious activity and how consumers can protect themselves and others.
• Situational Awareness
  • Danny Fay – TBI Special Agent
    • Situational Awareness is a course that is designed to teach participants the strategies and techniques for maintaining personal safety in various environments and circumstances. Identifying possible threats and understanding physical cues will be discussed. This course benefits anyone who is a public servant and works directly with the community in either a residential setting or within a facility.
• Conservatorship Basic Elements, Laws, and Most Common Questions & Answers
  • Bill Reeves, Attorney, Wise and Reeves
  • Lynette Edwards, Attorney, ETHRA / ETAAAD Public Guardianship
  • Ryan Hicks, Attorney, TN Commission on Aging and Disability
    • This workshop will answer common questions about Conservatorship: What are the differences between a conservatorship and a power of attorney? What powers does a Conservator have? What does the conservatorship process look like? Who can file for conservatorship, and does that person have to be the Conservator? What are the responsibilities of a conservator? Is the Conservator legally responsible for the ward’s actions? Can the Conservator live out of the area? What if a person only needs help with medical decisions, not financial decisions? What if a person only needs help with their finances, not medical decisions? Is there assistance available to educate a new Conservator? What is the Public Guardianship for the Elderly program?

Break

Workshops

• Financial Exploitation / Fraud Prosecution
  • Bill Bright, Knox County Assistant District Attorney
    • How getting an investigation started early on can lead to a successful prosecution. In this presentation we will discuss how having good communication between EMS, the local medical examiner, the local hospital doctors, law enforcement, and the District Attorney’s Office from the beginning can lead to a conviction. In this particular case, the District Attorney’s Office was notified almost immediately by law enforcement and the local medical examiner which allowed the District Attorney’s Office to secure an Order preserving the evidence (the body of the deceased) upon death to allow for a full autopsy.
• Overview of New Group Home Registry Legislation
  • James Dunn, Director, TN Commission on Aging and Disability
  • Marcia McShane, Director of Unlicensed Facilities and Legal Affairs, TN Commission on Aging and Disability
    • Twenty-three percent of Tennessee’s 7 million residents are age 60 and over. Nearly 40% of older adults in our state also have a disability. The lack of small residential placement facilities for older persons and adults with disabilities allows facilities without legally required licensure to operate. Residents of unlicensed facilities typically are not able to live independently, lack means to meet basic needs, and are not eligible for Medicare or Medicaid. Older persons and adults with disabilities that reside in unlicensed facilities may become victims of abuse, neglect, and financial exploitation. Gaps in licensure requirements between regulatory entities that license residential facilities, insufficient criminal penalties, and a lack of adequate public awareness have allowed unlicensed facilities to flourish in parts of the state. This presentation will examine the steps Tennessee has taken to address this problem, and the work that still needs to be done to better protect the vulnerable residents of unlicensed facilities.
• Patient Abandonment / Safe Hospital Discharge / Elder Abuse Protocols
• Annette Mendolia, PhD, HEC-C, Director of Clinical Ethics, Associate Professor, Department of Medicine, The University of Tennessee Medical Center
• Diana Goad, MHA, BSN, RN, CCM, Manager of Case Management at the University of Tennessee Medical Center in Knoxville
• Melissa McDonald, MBA, MSN, RN, NE-BC Level 1 ED Nurse Manager, University of Tennessee Medical Center in Knoxville
  • Abandonment at the Hospital and Other Barriers to Hospital Discharge. Hospitals have an ethical and legal obligation to evaluate and treat patients who arrive on their property, and to ensure patients are discharged to a safe environment. However, many patients face a variety of barriers to discharge to a safe environment, resulting in extended hospitalizations and suboptimal placement. This session will discuss the consequences of patients’ being abandoned at the hospital and other barriers to safe, timely discharge and will explore some possible ways to address this growing problem.

Break

General Session / Lunch

• Stress Management in the Real World – How to Identify and Work Through Stressful Situations
  • Dr. Farris Jordan, Psychologist, Private Practice
    • Participants will learn the Four Basic Strategies for Controlling Stress. They will know how to apply these strategies in their own lives and how to help others manage stress. They will know the Rewards to Stress and the Seven Elements of “Stinking Thinkin” that we need to avoid. They will know the Payoffs to Worry and Depression that motivate us to choose to worry and be depressed. They will learn how to stay motivated when we are stressed.

Break

Workshops

• Cyber Crimes Basics
  • Nic Christian, TBI Assistant Special Agent in Charge (ASAC)
    • In this course students will be introduced to Cybercrime investigations. We will discuss the top five cybercrimes, to include the anatomy of an attack, investigative methods, and victim considerations. Students will also learn cyber security recommendations that they can provide to citizens.
• Adult Protective Services: Legislative and Programmatic Changes
  • Rebekah Parkhurst, Deputy General Counsel, Tennessee Department of Human Services
    • During the most recent legislative session, the General Assembly passed Public Chapter 277 which changed the definition of domestic abuse to include financial abuse. It also expanded the scope of investigation of APS to include non-governmental funds under the category of financial abuse by a caretaker. The final form of the bill also changed the definition of “abuse or neglect” requiring that action be done “by a caretaker.” One of the consequences of this language is that self-neglect is no longer able to be investigated by APS. The legislation became law on May 1st. This workshop will discuss the impact of this legislation on the APS Program operations.
• The Dying Process: A discussion of ways to identify neglect & the differences in care options for those at the end of life
  • APS Nurse Kathy Cherry
  • Steve Yeatts, Area Vice President, Business Development, Gentiva Hospice 
  • Roger Hill, Hospice Care Consultant, Gentiva Hospice
    • Participants will learn how to identify the stages of dying and possible risks at each stage.  Specifically, participants will learn what signs may indicate neglect is occurring.  There will also be discussion of the collaboration of Palliative care and Hospice care for the comfort of the patient and the family during the processes. Participants will also learn about the philosophy and origin of hospice care, as well as myths and facts about Hospice.  The differences between hospice, home health, and palliative care will also be discussed.
• To Protect and Serve, A Detective’s Perspective
  • Captain James Hatler, Martin Police Department
    • This presentation will cover the trials and tribulations of agencies working together in order to investigate Elder Abuse cases. It will focus on the importance of these incidents and how working together is critical for success. We will focus on the law enforcement role and the problems other agencies have faced in getting assistance with these types of complaints, along with the importance of Law Enforcement’s involvement. Checking on our citizens is a critical part of policing, and should be at the forefront each day. We should take the time to examine these complaints to ensure nothing falls through the cracks and our citizens receive the service they deserve.

Break

Wrap up & Adjourn – Program Shout Outs and Open Mic

• Door Prize Drawing

Breakfast Provided in the Hotel Restaurant

Exhibit Area Open:
Networking & Partner Education

Welcome 

• Aaron Bradley
• Paul Greenwood
• Tracy Armstrong

General Session: TBI Resource Center Update:

• David Rausch, Director, TBI
• Greg Gonzales, Commissioner, TN Department of Financial Institutions,
• Charme P. Allen, District Attorney General Knox County
• Amy Heaslet, Executive Vice President, TN Bankers Association
• Kim Bohannon, Chief Innovation Officer, TN Credit Union League
• John Byer, Cumulus CEO
  • This session will provide the audience with a comprehensive update on the work of the Tennessee Bureau of Investigation, the Tennessee Department of Financial Institutions, the Tennessee Bankers Association and the Tennessee Credit Union League to gain legislative support and funding from the Tennessee General Assembly to create a comprehensive Statewide Elder Justice Resource Center. The Center will be staffed by trained law enforcement staff so any bank or credit union in the state can contact them when they see suspicious activity. TBI staff will review the situation and provide support to the financial institution as needed to deny or place a financial transaction on hold pending an investigation. This level of collaboration will lead to a one-of-a-kind resource in the country to further protect older depositors and create a way to further combat Financial Exploitation in Tennessee.”

Break

Workshops

• Mail Fraud and Money Order Scams
  • Philip Gentile, US Postal Inspection Service
    • This mail fraud presentation will provide the audience with information to help them identify and avoid being scammed out of their hard-earned money. Information about romance, lottery, work-at-home, and other scams will be discussed. The latest ways criminals are getting money from our elder population will be shared along with prevention options to keep your retirement savings safe.
• National Adult Protective Services Perspective – Model Programs and Progressive Legislation
  • Bill Benson, National Policy Advisor, National Adult Protective Services Association
    • Current State of Federal Support for Adult Protective Services
      Benson, NAPSA’s Senior Policy Advisor, will discuss the current funding landscape for state and local APS programs, including the status of the historic first-ever federal funding provided to states to support their APS programs, funding levels for FY 23 and the prognosis for FY 24, especially in light of the just signed into law Fiscal Responsibility Act. He will also discuss the Social Services Block Grant (SSBG) which is essential to funding Tennessee’s APS program. Benson will also provide insights into other national developments related to APS and elder justice including prospective federal regulations, reauthorization of the Elder Justice Act, the National APS Training Center, and other matters.
• The Real Power of Collaboration: Multi-Disciplinary Teams & More
  • Honorable Lance Robertson, Director, Healthcare, Guidehouse / Former U.S. Assistant Secretary for Aging and ACL Administrator
  • John Byer, Cumulus CEO
    • Enlarging the circle of who supports your critical work is truly the secret sauce of success. This session will be a helpful dialogue on formal and informal strategies that work when building a collaborative approach to support elder justice activities. Anchoring the conversation will be a discussion on the growth and value of using multi-disciplinary teams. Other topics will include building a value proposition, identifying roles of success for all players, effective ways of telling your story, and how you leverage positive momentum. Secure data sharing and streamlined collaboration among MDTs will also be explored.
• AARP – National Response to Elder Abuse and Financial Exploitation:
  • Paul Greenwood, Greenwood LLC / Former Deputy District Attorney General for San Diego County’s Elder Abuse Prosecution Unit
  • Mia McNeal, AARP TN, State Director
    • The FTC has reported major monetary losses for Tennessee’s residents due to frauds and scams. This workshop will provide information about the work that AARP has done to be a wise friend and fierce defender in limiting these losses both on a Tennessee statewide as well as the national level. We will also provide you with the tips and tools you can use and share with loved ones to ensure they’re prepared and protected, especially with the emerging threat of artificial intelligence.

Break

Workshops

• Adult Abuse and Neglect – Felony Murder Conviction
  • Bob Edwards, Assistant District Attorney, Roane County, TN
  • Jonathon Edwards, Assistant District Attorney, Roane County, TN
    • How getting an investigation started early on can lead to a successful prosecution. In this presentation we will discuss how having good communication between EMS, the local medical examiner, the local hospital doctors, law enforcement, and the District Attorney’s Office from the beginning can lead to a conviction. In this particular case, the District Attorney’s Office was notified almost immediately by law enforcement and the local medical examiner which allowed the District Attorney’s Office to secure an Order preserving the evidence (the body of the deceased) upon death to allow for a full autopsy.
• Case Review – Strategy, Solutions, and Collaboration
  • Tracy Armstrong, Program Director, ETAAAD
  • Angie Moorehead, CREVAA Manager, NWTAAAD
  • Evan Ebuna, CREST Program Manager, ETAAAD 
    • This interactive workshop will walk participants through several “elder abuse” case scenarios, outline the steps professionals take from different perspectives, and discuss how collaboration among stakeholders facilitates and promotes positive outcomes for victims. Participants will learn how each agency’s scope of practice meets the needs of elder and vulnerable victims and best practices for an effective multi-disciplinary response to elder abuse.
• Legal Services: Access to Justice
  • Laura Brown, Senior Deputy Director of Client Services for the Legal Aid Society of Middle Tennessee and the Cumberlands
    • In this one-hour session, the presenter will provide an overview of the ongoing efforts in Tennessee related to the reduction of elder abuse, neglect, and exploitation from the legal services/access to justice perspective. Providers of free, civil legal services have a unique insight into the legal issues facing the population age 60+ in Tennessee. Additionally, the presenter will discuss common legal documents that all Tennesseans over age 18 should have and touch on the issues of competency and abuse and the devastating results if these important documents are in place.

Break

Lunch / General Session: National Elder Justice Update

• Bob Blancato, National Coordinator, Elder Justice Coalition
• Bill Benson, Special Policy Advisor, National Adult Protective Service Association
• Lance Robertson, Principal, Guidehouse / Former US Assistant Sec. for Aging
• Paul Greenwood, Greenwood LLC / Former Deputy District Attorney General for San Diego County’s Elder Abuse Prosecution Unit]
• James Dunn, Director, TN Commission on Aging and Disability
  • This session will provide a briefing on the ongoing work of the National Elder Justice Coalition that will include a comprehensive overview of Elder Justice funding and Elder Justice policy development along with specific information about collaborative efforts between Departments of the Federal Government and the U.S. Congress. We will also hear from the National Policy Advisor for the National Adult Protective Services Association on model programs and legislative initiatives from around the country and gain perspective from the former Assistant Secretary for the Administration for Community Living on how to raise awareness and create new stakeholders. The session will also include speakers who will address Elder Justice Prosecution and plans within the state of Tennessee to improve coordination of services and resources for older adults.

Break

Workshops

• Working Together – Collaborative Response to Financial Exploitation
  • Commissioner Greg Gonzales, TN Department of Financial Institutions
  • Amy Heaslet, Executive Vice President, TN Bankers Association
  • Kim Bohannon, Chief Innovation Officer, TN Credit Union League
  • Jon Fernander, BSA Analyst at Tennessee Valley Federal Credit Union
  • Susan Haley, Assistant vice President, Fraud Officer at SmartBank
    • Greg Gonzales, Commissioner of the Tennessee Department of Financial Institutions, will lead a discussion with representatives from financial institutions and their respective trade associations on how Tennessee’s current laws allow them to detect, prevent and deter elder financial exploitation. They will also discuss prevailing scams, how their institutions and members address unique situations with customers experiencing elder financial exploitation, and their experiences working with other agencies and law enforcement to address these situations.
• Advocacy Strategy – Working with Local, State and Federal Elected Officials – What the HATCH Act Really Means
  • Bob Blancato, National Coordinator, Elder Justice Coalition, President – Matz, Blancato and Associates
    • Legislative advocacy can be a delicate and tricky matter. We will explore a variety of strategies in this workshop including a very important concept that building relationships should occur with leadership at the federal state, and local levels “before” you make the ask. We will also discuss the value of personal contact versus telephone calls and emails. We will also touch on using the buddy system to gain access and trust. Part of the presentation will also provide guidance on how to remain compliant with the federal and state Hatch Act.
• The Psychology of Why Scams and Frauds are Successful
  • Dr. Farris Jordan, Psychologist, Private Practice
    • Participants will be able to understand and explain the Six Basic Psychological Needs that motivate our choices. They will know the Seven Explanatory styles that determine how we perceive events and influence our decision making. Participants will know the extent to which they are susceptible to being scammed or a victim of fraud. They will also know the extent to which they are Stress Prone or Stress Tolerant. There will be a discussion of what can be done to prevent ourselves or the elderly to avoid being scammed or victimized by criminals.
• Communicating with individuals with Intellectual/Developmental Disabilities, Mental Health issues, or who are in Crisis
  • Michelle Bagby, M.A., LBA, BCBA, Director of Behavioral Health & Crisis Services Clinical Director of the Tennessee START Assessment & Stabilization Teams
    • This presentation will include an overview of intellectual and developmental disabilities (IDD), how IDD can co-occur with mental health conditions (IDD-MH), why the IDD population is at risk for crisis, and important factors for interactions and crisis stabilization for individuals with IDD-MH. The presentation also includes information regarding additional relevant resources in Tennessee.

Break

Wrap up & Adjourn – Call to Action / Next Steps

• Door Prize Drawing – $100 Gift Card