how to get a lawyer senior citizen abuse

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What are the different types of abuse against a senior citizen?

1 Physical Abuse. Physical abuse against a senior citizen entails any use of physical force likely to result in injury, physical pain, or impairment. 2 Emotional/Psychological Abuse. ... 3 Sexual Abuse. ... 4 Neglect. ... 5 Self-Neglect. ... 6 Financial or Material Exploitation. ... 7 Abandonment. ... 8 Get Help From an Attorney. ...

What should I do if I am a victim of elder abuse?

Relay your concerns to the local adult protective services, long-term care ombudsman, or the police. If you have been the victim of abuse, exploitation, or neglect, you are not alone. Many people care and can help. Please tell your doctor, a friend, or a family member you trust, or call the Eldercare Locator help line immediately.

Why is it important for senior citizens to have an attorney?

That is why it is essential for senior citizens to get in touch with their nearest attorney whenever they want to file a legal paperwork or do anything that relates to the local law. Retirement is one of those stages where you have to spend money by calculating every penny.

Where can I find an elder abuse attorney in Los Angeles?

Elder Abuse and Elder Law Attorney In Los Angeles. Garcia & Artigliere specializes in elder abuse cases in Los Angeles and the entire state of California. Our elder abuse lawyers have more than 100 years of combined experience in elder law.

Is elder abuse hard to prove?

Financial abuse is the most difficult type of elder abuse to prove. There are usually no witnesses involved, and the crime is committed completely out of the victim''s sight. Moreover, physical evidence takes the form of bank records and receipts, which the abuser controls.

What is it called when you abuse a senior citizen?

Elder abuse is an intentional act or failure to act that causes or creates a risk of harm to an older adult. An older adult is someone age 60 or older. The abuse occurs at the hands of a caregiver or a person the elder trusts.

How do you prove emotional elder abuse?

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...•

What are six forms that elder abuse might take?

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.

What are the 7 signs of elder abuse?

If an elderly friend, family member, neighbor, or acquaintance has visible signs of injury, physical abuse or neglect may be occurring....#1 - Unexplained Physical Injuries and SymptomsCuts and abrasions.Bruising and welts.Broken bones.Broken eyeglasses.Drug overdose.Rope marks on wrists.Sprains or dislocations.

What is the most common abuse suffered by the elderly?

According to the NCOA, elders are more likely to self-report financial exploitation than emotional abuse, physical abuse, sexual abuse, or neglect. Psychological abuse is the most common type of elder abuse, according to the NCEA.

What are the five signs of elder abuse?

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.

What do you do when someone takes advantage of the elderly?

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 is passive neglect?

Passive neglect – the failure by a caregiver to provide a person with the necessities of life including, but not limited to, food, clothing, shelter, or medical care, because of failure to understand the person's needs, lack of awareness of services to help meet needs, or lack of capacity to care for the person.

What do you do in case of elder 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.

How do we know what qualifies as an instance of abuse?

Types and Signs of AbusePhysical abuse is intentional bodily injury. ... Sexual abuse is nonconsensual sexual contact (any unwanted sexual contact). ... Mental mistreatment or emotional abuse is deliberately causing mental or emotional pain.More items...

What does fiduciary abuse mean?

Fiduciary abuse occurs when one person has been legally entrusted with managing the assets or interests of another, and uses their authority in an illegal or unethical manner for personal gain.

Why Elder Abuse Victims Choose Us

Garcia, Artigliere & Medby is a national law firm that specializes in handling elder abuse cases, which range from financial exploitation to physic...

Types of Elder Abuse and Neglect

1. Bed Sores 2. Bowel & Bladder Injuries 3. Burns 4. Fractures 5. Health Care Fraud 6. Improper Restraints 7. Malnutrition & Dehydration 8. Mismana...

Malnutrition & Dehydration

One of the most dangerous effects of mismanaged care facilities is malnutrition and dehydration. At least one third of the more than 1.6 million nu...

Mismanagement of Diabetes

Our elders need special care, especially when they have pre-existing medical conditions that make them more susceptible to developing further healt...

Frequently Asked Questions About Elder Abuse

1. Elder abuse is defined as a violation of human rights and a significant cause of illness, injury, loss of productivity, isolation, and despair....

How to prevent elder abuse?

As a caregiver or loved one, the following actions can help prevent elder neglect and abuse: Visit as often as you can , at random times .

How many elder abuse cases go unreported?

In the United States alone, more than half a million reports of elder abuse reach authorities every year, and many cases go unreported. Abuse of the elderly can take place in institutional settings, particularly long-term care centers, nursing homes, and skilled nursing centers.

What are the physical effects of elder abuse?

Physical signs of elder abuse may include: Welts, bruises, and cuts. Dental issues.

Can elder abuse be confused with dementia?

Signs of elder abuse can be challenging to recognize or may be confused for symptoms of dementia or a senior’s frailty. Many of the signs and symptoms of elder neglect and abuse do overlap with symptoms of mental stress.

How to protect elderly from abuse?

Staying in contact with a loved one who is in a nursing home or even in the care of a relative may help prevent abuse or alert someone more quickly if it starts to occur. Loved ones may want to consider hiring a personal injury lawyer to pursue a claim against the caregiver who has abused the elderly individual and the business that employs him or her. Civil damages may be available to cover the victim's injuries and pain and suffering.

How do you know if you are being abused by an elderly person?

There are typically warning signs that elder abuse is occurring. For example, the elderly individual may have signs of physical injury, including bruises, burn marks, fractures or pressure marks. There may be behavioral indications, such as the elderly person becoming withdrawn from normal activities, showing signs of depression or reacting ...

What is it called when an elderly person is forced to watch sex?

Sexual Abuse. Sexual abuse is any form of unwanted sexual contact with an older individual without his or her consent. This may include sexual acts, showing an elderly person pornographic material, forcing the elderly person to undress or forcing the elderly person to watch sex acts.

What is elder abuse?

Elder abuse is the knowing, intentional or negligent act that causes harm or a serious risk of harm to an elderly individual. Elder abuse may be criminalized and may subject abusers to enhanced penalties. There may also be the possibility of recovery of civil damages to victims of elder abuse.

Why are elderly people targeted?

Elderly individuals may be targeted for a number of reasons. Often, they have a higher net worth than younger individuals, making them attractive targets. Elderly individuals may also suffer from cognitive impairment that impacts their ability to realize the signs of abuse or to relay details to law enforcement. As elderly individuals become more frail, they are less able to stand up to bullying. If living alone, they may fear reporting an instance of abuse will convince family that they need to be put in a home.

Where does elder abuse occur?

However, it more often occurs where the elder resides. This may be in a nursing home, assisted living facility, their own home or a family member’s home.

What is physical abuse?

Physical abuse is characterized by the intentional infliction of physical harm, injury or impairment. Physical abuse includes assaulting, hitting, kicking, shoving, throwing items at or biting an elderly individual. It also includes using drugs inappropriately, restraining the elderly individual of confining him or her.

What are some examples of abuse in elderly people?

Other examples of abuse applicable to elderly individuals are force-feeding; excessive use of physical restraints or drugs, if used inappropriately; and holding someone against their will, referred to as false arrest. Since senior citizens often are frail and easily injured, physical abuse may include seemingly minor acts of physical contact.

What are some examples of elder abuse?

Financial abuse covers a broad spectrum of fraud, confidence (or "con") jobs, outright theft, and other methods of extracting financial or material gain from vulnerable senior citizens. Common examples of financial elder abuse include cashing checks without authorization; forging signatures; stealing or misusing money or possessions; coercing or deceiving an elderly person into signing a document; and improperly using a guardianship, conservatorship, or power of attorney.

What is the only category of elderly abuse without a perpetrator?

Self-neglect is the only category of elderly abuse without a perpetrator. Typically, self-neglect occurs when an elderly person threatens his or her own health or safety by failing to provide himself or herself with adequate hygiene, food, water, medications, shelter or safety precautions.

What is elder abuse?

Elder abuse -- the mistreatment or exploitation of senior citizens -- can take many different forms. Instances of elder abuse range from the infliction of physical harm to the use of fraud or coercion to extract financial or material gain from vulnerable seniors. The main types of elder abuse are explained below.

What is physical abuse?

Physical Abuse. Physical abuse against a senior citizen entails any use of physical force likely to result in injury, physical pain, or impairment. Common forms of physical abuse include hitting, striking, beating, pushing, shaking, pinching, kicking, slapping, and burning. Other examples of abuse applicable to elderly individuals are ...

What is the failure to provide a dependent senior citizen with life necessities?

Neglect is the failure to provide a dependent senior citizen with life necessities, such as food, clean water, shelter, personal hygiene, clean clothing medicine, safety, basic comfort. Neglect also may contribute to emotional abuse. Thank you for subscribing!

What is self neglect?

Self-neglect, which does not involve other parties, is identified as a form of abuse for purposes of referring such cases to adult protective services (APS).

What is the best community resource for pro bono lawyers?

Area Agency on Aging is one of the best community resources from where you can get contacts for pro bono lawyers. In fact, they not only provide free legal services to older adults but also the caregivers.

How to find a pro bono lawyer?

Here’s what you need to find the nearest pro bono lawyer in your area: 1 Visit the Area Agency on Aging or Eldercare locator website. 2 They will ask you for your zip code. Enter your zip code on the site. 3 You will see a dropdown menu on your computer. Select legal services to proceed.

What is a legal services corporation?

Legal Services Corporation is another nonprofit organization that offers legal services to seniors and caregivers at a very low cost. They fund almost 133 nonprofit legal aid organizations in the US.

Can you get a will without a lawyer?

Whether it is regarding a living will, power of attorney, or setting up a detailed estate plan, without professional lawyers, you can’t get the correct advice. That is why it is essential for senior citizens to get in touch with their nearest attorney ...

What are the laws that protect older adults from elder abuse?

Elder Abuse and Elder Financial Exploitation Statutes. The federal government, states, commonwealths, territories and the District of Columbia all have laws designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others. These laws vary considerably ...

What is dependent adult abuse?

“ Dependent adult abuse ” means: (1) Any of the following as a result of the willful or negligent acts or omissions of a caretaker: (a) Physical injury to, or injury which is at a variance with the history given of the injury, or unreasonable confinement, unreasonable punishment, or assault of a dependent adult.

What is a Class A misdemeanor?

for the person's own profit or advantage or for the profit or advantage of another person, but not for the profit or advantage of a person described in subdivision (1) or (2), commits exploitation of a dependent or an endangered adult, a Class A misdemeanor.

How did a legal provider defend the man against imposition of a guardianship?

A legal provider defended the man against imposition of a guardianship by showing that the standards for granting a guardianship had not been met. An older couple was threatened with eviction. The legal provider’s attorney informed them of what was required under law to evict tenants.

What is the role of elder care?

Maintaining long-term financial solvency and economic security; Ensuring elder rights protections for older persons transferring from long-term care facilities to home and community-based care; and. Elder abuse, including consumer fraud and the financial exploitation of older persons.

How old was the woman who was contacted by a telemarketer?

A 73-year-old woman was contacted by a telemarketer and invited to join a discount buyers club. She told the company she was not interested. However, when her checks began bouncing, she contacted her bank and found that an electronic transfer to the buyers club had been made.

What is a legal hotline?

A legal hotline allows seniors to ask legal questions over the phone. If the question can’t be answered over the phone, the hotline can also help you find the necessary legal aid services in your area. Find senior legal hotline programs. 5.

What is the number to call for elder care?

They’ll be able to connect you to local organizations that provide free and low-cost legal help for seniors. To speak with someone at Eldercare Locator, call 1-800-677-1116. 3.

What is the job of a caregiver?

As a caregiver, part of the job is to help your older adult take care of legal matters and make sure important documents are complete and up-to-date. That could include setting up an estate plan or making sure that essential legal documents like a living will and power of attorney are in place.

Does ARAG offer legal insurance?

For a fixed monthly fee, you typically get free phone consultations and certain covered legal services. For legal services that aren’t covered, you may get discounted rates when using attorneys in the company’s network. Legal insurance is offered by reputable companies like ARAG, LegalShield, and LegalZoom.

How Do I Identify a Scam Artist?

Identifying a scam these days can be very difficult. Many of the scam artists who target seniors are charming and charismatic. They may pose as helpful and trustworthy individuals, or they may present themselves as people with authoritative knowledge.

What Types of Scams Should I Be Aware Of?

Most scam artists are very clever, and do their best to sound as legitimate as possible. They may know small details about the senior’s life or financial situation in order to make themselves sound more convincing. Possible scams include schemes to take either money or property. They may take several forms, such as:

What are Some Signs that My Loved One is a Victim of Financial Fraud?

Many seniors may not come right out and say they’re being scammed. Some may not realize it until it’s too late, and some may be too embarrassed to talk about it. However, there are some signs you can look for if you’re concerned about your loved one being the victim of a financial scam.

What Should I Do If I am a Victim of a Scam?

In order to help others avoid the same scam, it is important to report it to the authorities. If you suspect that you or someone you love have been scammed or are the victim of elder financial abuse, you should report the scammer to law enforcement. Call your financial institutions, like your bank, and tell them about the scam.

Do I Need a Lawyer If I am a Victim of Elder Fraud?

Sometimes it is difficult for law enforcement to track down the scammers. Oftentimes, once the money is gone, it’s too late to get it back. However, if you are the victim of a scam, you may want to contact an attorney. In some cases, you may be able to confront the scammers in court and get your property back.

How Elder Law Became a Practice

The Older Americans Act (OAA) was signed into law by President Lyndon B. Johnson and is credited by the American Bar Association with being the foundation for the practice of elder law. The OAA was the first initiative on a federal level to address and provide a wide range of services for senior citizens.

What Areas of Life Can an Elder Law Attorney Be Helpful?

At some point in our life, chances are good we will need the help of an attorney. As we age and begin planning for our retirement future, and ultimately, our death, seeking counsel from an elder law attorney can be beneficial. Attorneys who practice elder law are knowledgeable in several areas that directly affect senior citizens.

What Questions Should I Ask When Choosing An Elder Law Attorney?

If you decide that speaking with an elder law attorney is right for you, there are some questions you will want to consider asking before entering into an agreement. The National Academy of Elder Law Attorneys (NAELA) says in your initial phone call to an attorney’s office, you may end up speaking with the attorney’s secretary or office manager.

What Questions Should I Ask At My First Meeting With An Elder Law Attorney?

NAELA also has a recommended list of questions to ask when you choose an elder law attorney you want to work with. Once you’ve explained your particular situation and the reason for your meeting, you’ll want to find out the answer to the following issues:

How Do I Find An Elder Law Attorney?

If you would like to find an elder law attorney to speak with or work with, asking your friends and family who they recommend is always a good place to start. The National Elder Law Foundation (NELF) is the only national organization that certifies elder and special needs law attorneys.

Physical Abuse

• Physical abuse against a senior citizen entails any use of physical force likely to result in injury, physical pain, or impairment. Common forms of physical abuse include hitting, striking, beating, pushing, shaking, pinching, kicking, slapping, and burning. Other examples of abuse applicable to elderly individuals are force-feeding; excessive use ...

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Emotional/Psychological Abuse

Sexual Abuse

Neglect

Self-Neglect

Financial Or Material Exploitation

Abandonment

Get Help from An Attorney