why you need an elder abuse lawyer

An elderly abuse lawyer works with the victims of abuse and their families to work hard to stop the abuse from occurring and to seek compensation from those who have abused them. They must have skills as a litigator and negotiator, as elder abuse cases must be filed in civil court and settlements must be discussed with defending parties.

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What does an elder law attorney do?

Jan 24, 2022 · Elder law focuses on the rights, responsibilities and legal issues that concern or predominantly affect, elder or senior people. It generally addresses four main areas of concern, long-term health care issues, the management of personal affairs, elder abuse and estate planning and administration.

What laws protect older adults from elder abuse?

So, it is a good idea for you to also have a lawyer representing your loved one’s interests. The home’s representatives want to stop you from getting information that will harm the home. An experienced attorney will know how to counteract their defensive measures. Your lawyer can get the evidence necessary to build your loved one’s case.

How do I find an elder law attorney?

So, here is why you should hire an elder abuse lawyer to defend your claim. Avoid Overlooking Evidence A majority of the evidence that you need in your claim to win is in the possession of the nursing home. So, to weaken your claim, they might refuse to provide you with the evidence, or might even destroy it altogether.

What are the laws of elder law?

Nov 28, 2017 · It is important to have an attorney on your side for the emotional aspects, first and foremost. We are equipped to handle the high tension and emotions that you may feel and are able to work with elderly or disabled adults, which is what you need in these harrowing times when difficulties are present.

What to do if you suspect elder abuse?

If you suspect elder abuse, the first step is getting that family member physically safe. You should immediately contact an elder abuse attorney to discuss your legal remedies and make sure your actions don’t make it more challenging for you to gain the legal authority needed to protect your loved one. Sometimes family members take action ...

What is elder abuse?

Sexual abuse is any sexual act done to an elder against his/her will. Neglect occurs when the responsible party refuses to provide adequate food, water, shelter, or care to a senior. This is actually one of the most common forms of elder abuse. Lack of proper care can include lack of supervision resulting in wandering, dehydration, malnutrition, ...

Why is aging so complicated?

With the aging process comes complicated risks due to their increased vulnerability to undue influence and the willingness of family members, caregivers, or opportunists to capitalize on these vulnerabilities. There are fortunately laws and procedures, most of which can be confusing, to protect your loved one.

What percentage of elder abuse is financial?

According to the National Center on Elder Abuse, a family member is the most common perpetrator of financial elder abuse (57.9%), followed by friends (16.9%), and home care aides (14.9%). If you suspect elder abuse, the first step is getting ...

Why is a conservatorship necessary?

A conservatorship is necessary to protect an elder that is currently the subject of any abuse or undue influence.

What is considered an elder?

While there are available protections for any vulnerable adult, a senior (or elder) that is 65 years or older, has greater legal protection and remedies available to them. The rules encompassed under elder law include those surrounding conservatorships, elder abuse, estate planning, and Medicaid/Medi-Cal planning.

What is physical abuse in nursing homes?

Physical abuse happens when a senior is injured, threatened, restrained, or inappropriately handled. Nursing home abuse is typically defined when the home fails to meet the required standard of care. This situation is tricky, and we encourage you to call an elder abuse attorney if you suspect neglect or abuse.

What can an attorney do for you?

Rather than worry about the right decision for your loved one, an attorney can point you towards the best legal route for your situation. Not only that, but they can advocate for your situation in the courtroom and ensure a third party won’t devalue the extent of the damage.

What are the most common forms of elder abuse?

The following are the most common forms of elder abuse: Physical: Many believe that physical abuse looks like assault and battery, but it actually encompasses much more. If you notice evidence of force-feeding, overuse of chemical/physical restraints, and overmedication, you likely have grounds for an abuse lawsuit.

How do you know if you are being abused?

Abuse and neglect can come in many forms and have different degrees of severity. Information is power, and by learning the different types of elder abuse, you can notice the warning signs before the situation progresses. The following are the most common forms of elder abuse: 1 Physical: Many believe that physical abuse looks like assault and battery, but it actually encompasses much more. If you notice evidence of force-feeding, overuse of chemical/physical restraints, and overmedication, you likely have grounds for an abuse lawsuit 2 Emotional: Mental or emotional abuse can refer to verbal degradation, threats, emotional manipulation, or the isolation of the resident from the facility. Emotional manipulation occurs when a staff member exploits a resident for their own benefit and should never occur under any circumstances. 3 Sexual: While uncomfortable to think about, sexual abuse does occur within elder care facilities. This occurs when a staff member deceives or tricks the resident into sexual behavior or if the resident is too weak to refuse or give consent on their own. 4 Neglect: When a staff member fails to meet the standard of care for their residents, it can expose them to injury or worse. Some common forms of neglect include failure to provide appropriate hygiene, lack of necessary medical treatment, and a deliberate refusal to address health and safety risks.

How many nursing home residents report abuse?

More than 25% of nursing home residents report some form of abuse, be it physical, emotional, sexual, or neglect. Nursing homes look to cut corners and are typically understaffed and undertrained, leading to negligence in the care of our elderly.

What is emotional abuse?

Emotional: Mental or emotional abuse can refer to verbal degradation, threats, emotional manipulation, or the isolation of the resident from the facility. Emotional manipulation occurs when a staff member exploits a resident for their own benefit and should never occur under any circumstances.

Can assisted living facilities be abusive?

Assisted Living Facilities: Anyone who has access to your resident can potentially abuse them, making assisted living facilities especially prone to abusive behavior. The abusers in these situations are typically staff members, other residents, and family members.

What is neglect in nursing?

Neglect: When a staff member fails to meet the standard of care for their residents, it can expose them to injury or worse. Some common forms of neglect include failure to provide appropriate hygiene, lack of necessary medical treatment, and a deliberate refusal to address health and safety risks.