If you suspect elder abuse but do not believe that it is life threatening, you can call the Eldercare Locator by phone at 1-800-677-1116. Trained operators on the hotline can provide you information on local resources and other assistance.
One reason that an abused elder may refuse to report abuse is because he or she believes there are no other caregiving alternatives. If an elder expresses this concern, consider the following: Take the elder on tours of assisted living facilities to demonstrate that there are alternatives to home care.
If you are afraid of the suspected abuser, you may be able to remain anonymous. You will need to identify the location of any suspected actions which appear to you to be abuse, whether they occur at the elder's home in the community or at a long-term care facility where the elder resides.
You must name the elder you suspect is being abused and provide their home address as well as name the suspected abuser and provide their home address if you have it. You are not required to give your name, but providing it can be very helpful to the experts investigating your claims.
Consider reporting elder abuse if you notice any of these warning signs:Bruising on the face or trunk, as most accidental elderly bruising occurs on limbs and extremities.Broken bones, sprains, or serious injury, especially without a reported fall.Signs of being restrained, like strap or rope marks.More items...•
The 7 most common types of elderly abuse include physical abuse, neglect, emotional abuse, financial abuse, sexual abuse, self-neglect, and abandonment.
Sudden changes to legal or financial documents, or suddenly missing documents, are definite red flags. Documents could include estate documents, insurance policies, retirement accounts, etc. Making multiple unexplained trips to attorneys or financial advisers without notice is a warning sign.
Some indicators that emotional elder abuse may be occurring include:Agitation.Avoidance of eye contact with a specific caregiver.Confusion that is unrelated to any health problems.Cowering when the abuser is around.Fear.Increasing depression.Nervousness.Passivity.More items...•
The National Center on Elder Abuse distinguishes between seven different types of elder abuse. These include physical abuse, sexual abuse, emotional abuse, financial/material exploitation, neglect, abandonment, and self-neglect. Physical abuse.
Call the police or 9-1-1 immediately if someone you know is in immediate, life-threatening danger. If the danger is not immediate, but you suspect that abuse has occurred or is occurring, please tell someone. Relay your concerns to the local adult protective services, long-term care ombudsman, or the police.
Possible signs of elder financial abuse include:Checks or bank statements that go to the perpetrator.Forgeries on legal documents or checks.Large bank withdrawals or transfers between accounts.Missing belongings or property.Mood changes (such as depression or anxiety)New changes to an elder's will or power of attorney.More items...•
Warning signs of financial exploitationSudden changes in bank accounts or banking practices, including an unexplained withdrawal of large sums of money by a person accompanying the older adult.The inclusion of additional names on an older adult's bank signature card.More items...
Here are some steps to consider taking:Talk to the older person. ... Gather more information or evidence as to what is occurring. ... Contact the older person's financial institution. ... Contact your local Adult Protective Services (APS) office. ... Contact law enforcement.
What Are the Warning Signs of Elder Abuse?Injuries such as bruises, cuts, or broken bones.Malnourishment or weight loss.Poor hygiene.Symptoms of anxiety, depression, or confusion.Unexplained transactions or loss of money.Withdrawal from family members or friends.
Three types of elder abuse exist: 1) self-neglect, also referred to as self-abuse; 2) domestic abuse; and 3) institutional abuse.
Treating a senior like a child. Shunning, ignoring or lack of acknowledgement. Verbal intimidation, being forced into making decisions against the seniors' will. Threats of institutionalization – “Do what I say or I'll put you in a home”
Generally speaking, an employee of a care facility with elderly residents must report any reasonable suspicion he or she has that a crime has been committed against a resident. The facility may not retaliate against this employee. Failure to report by the employee, and any retaliation by the facility against a reporting employee, may result in civil penalties. If you believe a loved one has been the victim of elder abuse, you should consult a lawyer who specializes in elder law.
In other words, those long-term care facilities that received $10,000 or more in federal funds during the past calendar year must instruct staff and contractors of their individual duty to report any "reasonable suspicion" that a crime was committed against an elderly resident to the appropriate HHS state survey agency and to one local police agency.
For example, if a nurse observes serious bruises on an elderly resident in the morning, and after some thought, he believes that the bruising resulted from a crime, he has two hours from the time he developed that suspicion to report the bruising. On the other hand, if the nurse believes that a fellow employee is stealing money from an elderly resident, he has 24 hours from the time she forms that suspicion to report the possible theft.
If a covered individual reasonably believes a crime occurred, and those events resulted in serious bodily injury to an elderly resident, that individual must report the suspicion to the HHS state survey agency and to one local law enforcement agency within two hours after he or she developed the suspicion.
The Elder Justice Act was enacted in March of 2010 to protect the elderly from abuse, exploitation, and neglect. The Act requires certain residential care facilities to notify staff of the Elder Justice Act reporting requirements. Under these requirements, certain individuals must report suspected crimes committed against elderly residents.
The facility may not retaliate against this employee. Failure to report by the employee, and any retaliation by the facility against a reporting employee, may result in civil penalties. If you believe a loved one has been the victim of elder abuse, you should consult a lawyer who specializes in elder law.
If you suspect that the elder is in immediate and potentially life-threatening danger then you should call the police or 911. If you suspect elder abuse but do not believe that it is life threatening, you can call the Eldercare Locator by phone at 1-800-677-1116.
To report abuse that is not life-threatening in the United States, call the Eldercare Locator at 1-800-677-1116. When you speak with authorities, it is not your responsibility to prove any abuse, but you should give them a detailed report of your suspicions that includes names of the victim, suspect, and specific information about the abuse. After you make a report, Adult Protective Services will determine if the situation rises to the level of elder abuse. For more advice from our Legal co-author, like how to prevent elder abuse, scroll down.
Elder abuse refers to the intentional abuse of an elderly person by a caregiver or other person. This abuse can cause serious physical, emotional, or financial harm to the elderly person. Elderly people can be some of the most vulnerable people in our society and therefore, if you suspect an elderly person is being abused you should report ...
If APS does not believe that elder abuse is occurring, they will try to coordinate with social and health services to provide assistance to the elder in need. It is important to note that an elder can refuse assistance from APS. Unless the elder is incapacitated, APS has to respect the elder’s wishes.
Call for help. If you suspect that an elderly person is being abused, you should report the abuse to the appropriate governmental authority that can intervene. Depending on the circumstances, there are a number of resources for reporting elder abuse.
Physical abuse of an elderly person can include slapping, punching, unwarranted physical restraint, broken bones or drugging the elderly person so they can not fight back.
Depending on they types of abuse inflicted on the elderly person, there are a variety of signs that indicate elder abuse. These signs may include: Bruises, broken bones, cuts, scrapes, or burns. Changes in behavior, such as withdrawing from normal activities, a change in cognitive abilities or alertness and depression.
(f) “Information relating to the representation of a client” denotes both information protected by the attorney-client privilege under applicable law , and other information gained in a current or former professional relationship that the client has requested be held inviolate or the disclosure of which would be embarrassing or would be likely to be detrimental to the client.
A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b).
And VictimConnect Resource Center (victimconnect.org) at 855-484-2846 helps arrange and coordinate assistance with crimes. Contact Adult Protective Services. Adult Protective Services (APS) is the government-affiliated agency charged with investigating reports of elder financial abuse and offering assistance to victims.
Bank employees are often in a good position to note suspicious activity, such as a sudden withdrawal of large sums of money or use of an ATM card by an elder who is housebound. The laws in most states encourage or require bank officials to report suspected elder financial abuse.
Trust what you're seeing or feeling. Elder abuse can sometimes be subjective, but it's usually better to err on the side of caution. That's even true for potential elderly neglect by family members. Your emotions may be conflicted, but choose to do what's necessary in order to protect yourself or the senior in your life who you suspect is being mistreated. Don't stay silent.
Sometimes it's obvious that elder abuse is taking place. However, in many cases, it isn't so easy to recognize abuse or neglect by others. Signs and symptoms can often mirror or get obscured by existing medical conditions, or they can be hidden by the efforts of devious perpetrators. But it's important to follow your intuition, take clues seriously, and make note of any troubling patterns you observe. Generally speaking, the signs of abuse or neglect in the elderly are associated with particular types of mistreatment. For example, consider the following warning signs.
Currently, there isn't one universally accepted definition of elder abuse. Legal definitions vary from state to state, and different researchers, government agencies, and non-profit organizations often have their own sets of criteria for defining elderly abuse. However, many basic definitions are similar to this one:
We may face new challenges that we didn't expect. And we may increasingly need to rely on the help of other people. As a result, we may become targets for abuse, neglect, or exploitation. Here are some of the risk factors:
Abuse can be inflicted by almost anybody who benefits from having power, authority, or an expectation of trust. For example, potential elder abusers can include:
Even so, an article in The Lancet Global Health estimates that about 1 in every 10 older Americans experience elder abuse. Worldwide, the rate is estimated to be about 1 in every 6 older people. Among seniors who are ill or disabled, the rate is even higher. For example, the National Center on Elder Abuse (NCEA) says that depending on the particular study, between 27.5 percent and 55 percent of seniors who have dementia are estimated to suffer from elder neglect or abuse.
For example, the National Center on Elder Abuse (NCEA) says that depending on the particular study, between 27.5 percent and 55 percent of seniors who have dementia are estimated to suffer from elder neglect or abuse. The consequences of elder abuse can be costly and far-reaching.
Most of them involve the unauthorized use of finances and property that is often carried out by family members, caregivers, insurance companies or scam artists. Some of these violations include the misuse of personal checks, credit cards and accounts; stolen cash, income checks or even household goods; a suspicious-looking signature that could be forged; and identity theft. More discrete signs include some family members gradually becoming more wealthy, new and unnecessary items being purchased and the disappearance of wallets or money under the assumption that the elderly person misplaced them.
The Elder Abuse Reporting Act was designed to protect not only the elderly, but the institutions that are being targeted. It protects elderly citizens from financial abuse and reduces the number of incidents involving elderly and dependent citizens. But it also protects the financial institutions from lawsuits that are being filed by family members of abused persons. Gov. Schwarzenegger believes that it’s the responsibility of every citizen to help protect the innocent. During the press release at the time he announced the new act, he said, “I am committed to ensuring the safety and security of California’s growing population of seniors. Our older Californians have worked hard all their lives and should enjoy the fruits of their labor.”
If an employee of a financial institution fails to report suspicions immediately, a fine of up to $1,000 could be issued against the institution. And a fine of $5,000 could be issued against the employee if it can be determined that the neglect was intentional.
Carolyn Rosenblatt. Some have called elder abuse “the crime of the century.”. This crime can be difficult to detect and investigate, but one of the few ways to stop an elder from being financially exploited is to report it.
Unfortunately, data gathered by the National Adult Protective Services Association estimates that only one in 44 cases of senior financial abuse are ever reported. Sadly, most abusers are family members, which puts both the victim and any witnesses in a difficult spot.
Seniors Depend on Us for Protection. If you believe that an aging loved one is a victim of any type of crime , it is crucial to speak up. Reporting it takes the matter out of your hands and enables law enforcement and/or social services agencies to protect the senior in question.
It may be difficult to report the suspected abuser, especially if it is someone you or your loved one is close to. Many elders are intimidated by their abusers and are too frightened to report the problem themselves. Your loved one may even discourage you from going to APS or the police about this matter, but you must do your part to protect those who are vulnerable.
If you are afraid of the suspected abuser, you may be able to remain anonymous. You will need to identify the location of any suspected actions which appear to you to be abuse, whether they occur at the elder's home in the community or at a long-term care facility where the elder resides.
You must name the elder you suspect is being abused and provide their home address as well as name the suspected abuser and provide their home address if you have it. You are not required to give your name, but providing it can be very helpful to the experts investigating your claims.
It is important to stay in close contact with the elder and watch for signs of abuse. Sometimes it is best not to confront the abuser directly but to contact the pertinent authorities to investigate the case. When abuse is discovered and exposed, oftentimes the abused elder will experience difficulty coping with the situation ...
In cases of emergency where immediate assistance is needed, call 911. In less urgent situations, call the Elder Care Locator’s hotline at 1-800-677-1116 Monday through Friday from 9AM to 8PM EST or the National Adult Protective Services Association in your state by visiting their website and clicking on your state. Once the abuse is reported, be sure to contact legal aid in your area for further assistance.
Signs of physical abuse include broken bones, bruises, cuts, open wounds, bedsores, and scars. Psychological abuse: When a caregiver is willingly causing psychological stress or intimidation to an elderly citizen, it is considered psychological abuse.
According to PreventElderAbuse.org, elder mistreatment rates are rising. The Adult Protective Services (APS) reported in a study that there were 253,421 cases of reported abuse in senior citizens in 2006. That is, 832.6 reports for every 100,000 individuals aged 60+ in the United States.
The risk of psychological abuse increases if the elder has memory loss problems, problems with drugs or alcohol, or a history of family violence. Elders who experience low self-esteem, depression, hopelessness, ...
When abuse is discovered and exposed, oftentimes the abused elder will experience difficulty coping with the situation and be overcome by fear, embarrassment, depression, or refusal of help. However, not reporting the abuse can be worse in the long run for the elder.
Negligence: It is ignoring the senior citizen’s needs, such as medicine intake, proper nutrition, clothing, and shelter. Concerned family members can identify this irresponsible behavior on the part of the caregiver by watching the elder closely and looking for signs of dehydration, malnutrition, lack of personal hygiene, and other signs.