Skip to content
Formerly Hosted by the Law Professor Blogs Network

91 Year Old Woman’s Death May Be a Warning For Potential Elder Care Givers and Recipients

Empty_hospital_bed_cb068056 Twenty-six year old Stephanie Hernandez cared for her great-aunt, Maria Lopez, for three years. One night Lopez stopped breathing, and Hernandez called 911. When emergency personnel arrived at Lopez’s home, they reported used bandages, soiled diapers, a stained mattress, and an overwhelming stench of urine, rotting flesh, and feces in Lopez’s room. Most shocking, however, was the condition of Lopez’s bed-bound body. Bed sores covered the ninety-one year old woman’s body, some deep enough to show the bone underneath. Police arrested Hernandez for the murder of Lopez. Hernandez denied causing her great-aunt’s death.
Hernadez provided homecare for Lopez because Lopez did not want to die in a medical facility after watching her own sisters die in hospital rooms years before. Instead, Hernandez claims that her family pressured her to care for her aunt at home. According to Hernandez, Lopez, who suffered from dementia, was adamant about not allowing Hernandez to seek outside medical help.
After spending fourteen months in jail, a jury found Hernandez not guilty of murder, involuntary manslaughter, or felony elder abuse. Hernandez will not be retried on the lesser charge of misdemeanor elder abuse after the jury deadlocked on that issue.
This case brings to light the fine line between the risk of over-prosecuting caregivers for unavoidable deaths and the risk of having cases of elder abuse go unreported. Some medical examiners fear that prosecutors will begin overzealously prosecuting caregivers if a deceased senior’s signs of dementia are mistaken for elder abuse. Though Hernandez was found not guilty for her great-aunt’s death, many believe that her case should serve as a warning to future caregivers.
The director of the Center of Excellence on Elder Abuse and Neglect at UCI Irvine, Dr. Brad Stuart, believes that America needs a better method of determining when an elder’s death is caused by natural causes, such as dementia, and when it is the result of elder abuse. Dr. Brad states that the need for a reliable method is amplified by the fact that Baby Boomers begin turning sixty-five this year. “We live in a society that’s in a place where no culture has ever been. We’ll have to come to a better way of dealing with this than arresting a young caregiver.”
Maria L. La Ganga, Death of 91-Year-Old Spotlights Line Between Care and Killing, Los Angeles Times, Jun. 2, 2011.