Not Even Spider-Man Can Protect His Creator From Elder Abuse. Who Can Help?
When creating all of his superheroes, Stan Lee probably never envisioned needing one for himself. Yet with headlines flying through the air like Spiderman this past month, Lee is now looking to a super-attorney to ensure justice is properly served.
The Daily Beast was one of the first to break a story on March 10, 2018 that Stan Lee, at age 95, would be spending his last days penniless. Almost a month after the story was published, Lee personally went on record to refute the elder abuse claims and express his outrage on video. Now, Lee claims he IS a victim of elder abuse, except that the people who are financially abusing him are named in the original Daily Beast article and not family friend, Keya Morgan. The plot is being stretched as extensively as one of Lee’s very first superheroes, Mister Fantastic. Whoever the villain is, Lee sounds like he is a victim of financial swindling and perhaps manipulation.
Other Hollywood celebrities’ bank accounts and emotional well being were also depleted in their final days. It happened to America’s Top 40 DJ, Casey Kasem, Academy Award winner Mickey Rooney, and Grammy Award country singer/songwriter Glen Campbell. The story of these men is no different than what millions of aging baby boomers’ families are facing. There is a troubling trend that people (including relatives, court appointed guardians, friends, lawyers, and accountants) are actively preying on older adults for perpetrator benefit gain. The trend, also known as “elder abuse”, is gaining attention nationwide.
“I don’t like bullies. I don’t care where they’re from.” Captain America
According to the National Council of Aging, one in 10 Americans, aged 60 and over, have experienced some form of elder abuse (approximately 5 million people). Most cases go unreported because the aging adult is scared, manipulated, and/or does not understand what is happening to them. Conversely, abuse signs can be so subtle that others do not see them or even know the signs to look for. If abuse is reported to police or local government agencies, the incident(s) often times does not get fully investigated, unless a very specific threshold is met (i.e. only when physical signs of abuse are evident).
In the cases of Stan Lee, Casey Kasem, Mickey Rooney, and Glen Campbell, “undue influence” seems to have occurred. Merriam-Webster’s legal definition of undue influence is, “improper influence that deprives a person of freedom of choice or substitutes another’s choice or desire for the person’s own.” When others are overriding elderly choices to reap profit, then elder abuse happens. This can result in adult children not being able to see their parents even when the parents specifically ask to see their kids and possessions can be sold through estate sales or through EBay.
Who is a target? Anyone who is in their 60s and older and who might be declining in health, emotionally or physically. Additionally, targeted people are usually physically and/or emotionally separated from other family members. Abuse occurs when the perpetrator comes in as a superhero, makes empty promises, isolates the elder from others, and begins to help themselves to whatever goal they are seeking including money or power — sexual or otherwise. Elder abuse is often physical, emotional/verbal, financial, and can include sexual assault and neglect. Early warning signs include sudden: 1) Isolation from family and friends, 2) New inclusions on checking accounts, 2) The signing over of property or the dropping of long time beneficiaries, 3) The addition of a new individual on health care directives, especially in place of family members; and/or 4) The bequeathing of large amounts of money to an unfamiliar or unforeseen individual.
What preventative measures are happening? In October 2017, President Trump signed the “Elder Abuse Prevention and Prosecution Act” into effect (Public Law 115–70), which was created to “prevent elder abuse and exploitation and improve the justice system’s response to victims in elder abuse and exploitation cases.” High profile activists are also advocating for vulnerable populations, such as Kerri Kasem, daughter of Casey Kasem and founder of the Kasem Cares Foundation, who is going state to state to advocate for new laws to allow vulnerable populations to see their loved ones. To date, Kasem and her team have helped to pass visitation laws in 12 states.
In 2003, the field of elder abuse was estimated to be more than a few decades behind the research of other forms of abuse, such as child abuse or domestic violence (National Research Council Panel to Review Risk and Prevalence of Elder Abuse and Neglect, Bonnie RJ, Wallace RB, 2003). However elder abuse awareness and prevention tips are becoming more mainstream. The trickier part for families is finding support and cost-effective relief once abuse is believed to be happening. Family survivors often complain that government agencies will not intervene, even if the concerned individuals are direct beneficiaries of the vulnerable adult. For the victim, the abused tend to have a much lower life expectancy as a result of the isolation, depression, and other variables.
“With great power comes great responsibility.” Benjamin “Ben” Parker, Uncle of Peter Parker/Spiderman
Where to find help? The first line of defense is to seek out the most obvious of agencies which includes the police, Adult Protective Services, and/or hire a lawyer. If those do not provide any relief, individuals can go to county and state level offices, such as to county delegates. Another option is to go straight to the media, as elder abuse is now considered a human interest story. As decisions are made on the right entities to report the abuse, there are other effects to consider such as financial strain, long and emotionally-laden court battles, extreme attention on you and/or your loved one(s), and retaliation from the perpetrator. Keep in mind what works for one family may not work for everyone, primarily due to the varying county, state, and federal laws on elder abuse. Above all, remember why the issue is being reported in the first place — no one should be isolated from their family and friends, nor taken for their life savings.
Stan Lee is vowing to fight his case in court so that he can recoup some of the finances that he lost. As we watch this case play out, keep in mind the following questions, “Why is the story continually shifting? Is there undue influence? Who is manipulating who? Why is the story just now breaking?” These questions may never be publicly answered. And many more twists and turns to this case may materialize through the court case. Hopefully though Lee’s personal “Justice League” will be able to come through for him.
Excelsior! Stan Lee, Excelsior!
Toby Davidow, Ed.D. lives in the Washington, DC metropolitan area and completed her doctorate in higher education administration at The George Washington University. Her research revolved around studying the best practices for universities to work with highly engaged parents of undergraduate students on college campuses. After being isolated from her own parents for the past 4 years and not told of her mother’s rapidly deteriorating health or of her passing, Dr. Davidow is committed to helping others recognize and get support on elder abuse issues. She is partnering with the Kasem Cares Foundation to advocate for visitation rights at the state and federal levels. Connect with her on email her at undoinginfluence@gmail.com or Facebook at https://www.facebook.com/undoinginfluence.
