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Failure to report elderly abuse punishable under new law

A new law requiring people to report elderly abuse will go into effect July 1. The elderly are often targets for physical and financial-exploitation crimes.
A new law requiring people to report elderly abuse will go into effect July 1. The elderly are often targets for physical and financial-exploitation crimes.

DENVER – A new law requiring people to report elderly abuse will go into effect July 1. The elderly are often targets for physical and financial-exploitation crimes.

Claire Morgan practically raised her granddaughter, Jennifer Myers. As an adult, Myers hit a setback in November and Morgan took her in. But after six months, Morgan said she'd had enough.

"She was a user and an alcoholic," Morgan said. "We have to protect ourselves against people like that."

Morgan said police helped get her granddaughter out of the house. According to court records, Myers tried to break in and ended up spending 51 days in jail. Myers told 9NEWS she pleaded guilty to destruction of property.

See the law for a complete list

"She's just ripped out my heart," Morgan said. "I would be satisfied never to see her again, because she's just really done me wrong."

At 84, Morgan was able to take care of herself. But too many elderly can't.

Starting July 1, it is mandatory for many people who work with or for the elderly to report abuse within 24 hours. The law defines elderly as anyone 70 years old or older.

People will be required to report elder abuse, but legally speaking, experts tell 9NEWS no one will be charged with "elder abuse" as a crime. Elder abuse will be used by prosecutors as a sentence enhancer.

Myers' charges did not receive an elder abuse sentence enhancer.

Colorado is one of the last three states in the U.S. to have a mandatory reporting law in place.

"It's the law that we've been trying to get in Colorado for some time," Denver DA Mitch Morrissey said. "You would think people would report it, but there are some people that are a part of this law now that have always believed it wasn't their responsibility to do that. Bankers, lenders, those types of financial institutions now are required to make this kind of report to the police."

"You would think, yes, doctors are going to report this. They've always reported this. But they really haven't and this law requires them to now," Morrissey said. "What doctors were seeing sometimes is bruising. Care providers [were] saying 'oh, she's clumsy. She falls down all the time,' those kinds of things. The nice thing about this law is that it does mandate reporting, but it also gives doctors, or whomever reports [the abuse], immunity if they report in good faith and it turns out that it's not a viable claim."

Not everyone can be Morgan.

"I'm not going to let anybody take away my home or ruin my life," she said. "I'm sticking to this."

The punishment for not reporting elderly abuse and neglect is a misdemeanor. Morrissey said he doesn't want to prosecute people for not following the law. He does want to punish those who hurt the elderly.

Myers recently contacted 9NEWS after getting out of jail. She contradicted her grandmother and said she never raised the woman. She said she was raised by her mother.

Myers also told 9NEWS she's worked with the elderly in the past and says she'll be donating money to the organizations that helps them, as soon as she gets a job.

(KUSA-TV © 2014 Multimedia Holdings Corporation)

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