WHAT IS ELDER ABUSE?


Note: Central California Legal Services sponsors the annual Elder Abuse Prevention Roundtable Conference and Training in May. Information regarding the conference will be posted shortly. Additional information is also available by contacting Sherry McMurry at 559-420-3615.


 

 

WHAT IS ELDER ABUSE?

Elder abuse can be an intentional act (abuse) or a lack of knowledge/ability to provide care to an older person (neglect). Elder abuse can occur in a variety of ways that include assaultive acts, neglect, financial exploitation and/or psychological or emotional mistreatment. An elderly person is defined as someone who is age 65 or older.

Assault includes causing pain and/or injury by molesting, slapping, bruising, forced sex, cutting, burning, restraining.

Neglect includes refusal or failure to provide adequate care, food, shelter, clothing, medicine, and/or medical aides (glasses, dentures, walkers).

Financial exploitation includes illegal or improper use of cash, credit cards, funds or other assets.

Psychological/emotional mistreatment includes mental suffering or despair caused by name calling, yelling, insulting, ignoring, isolating, threatening, or demanding acts.

Abuse may also include the violation of basic rights such as the right to worship as one chooses, the right to assembly, the freedom to be left alone, and the right to handle oneís personal and financial affairs unless declared incapable of doing so by due process of law.

 

 

WHAT ARE THE INDICATORS OF ELDER ABUSE?

Signs of elder abuse are noticeable changes in physical conditions and behavioral patterns such as:

  • Unexplained bruises, cuts, burns
  • Increased physiological pain
  • Dehydration or malnourishment
  • Overly medicated without cause
  • Unusual confinement
  • Lack of cleanliness or grooming
  • Fearful to speak in front of caregiver
  • Shame, anxiety, embarrassment
  • Sudden change in mental status
  • Unusual or large bank withdraws
  • Unexpected closing of bank accounts
  • Transfer of assets, deeds, trusts

The signs of elder abuse listed above are generally a combination of factors.

 

 

PROFILE OF THE ABUSED:

  • Most often female
  • Physically or mentally impaired
  • Dependent physically or mentally
  • Frequently exhibits behavior problems

 

 

PROFILE OF THE ABUSER:

The profile of a person that abuses the elderly may vary but generally can be categorized in one or more of the following:

  • Often a family member/caregiver inexperienced in providing care
  • Exhibits ineffective coping skills
  • Under financial strain
  • Multiple personal problems
  • Substance abuser (drugs/alcohol)
  • Marital conflict or difficulties
  • Violent family history
  • Intimidating behavior
  • Socially isolated with poor self-image

 

 

WHY ELDER ABUSE IS NOT REPORTED TO AUTHORITIES:

  • Fear of public exposure
  • Protective of family privacy
  • Embarrassment and humiliation
  • Fear of retaliation
  • Belief the abuse is deserved
  • Loss of intimacy

 

 

WHERE DO I GET HELP IF I SUSPECT ABUSE?

If alleged abuse occurs in the community, reports of the abuse may be made to Adult Protective Services or Law Enforcement. If the alleged abuse occurs in a residential care home or nursing home, reports of the abuse may be made to Law Enforcement or the Long Term Care Ombudsman Program. In case of emergency and/or immediate attention is required, call 911. Degree of emergency will determine the way abuse should be reported, defined as follows:

 

EMERGENCY - Call 911

  • Victim needs immediate response
  • Great risk to victimís health and safety

 

MEDICAL EMERGENCY - Call 911

  • Health crisis exists
  • Need transport to medical facility

 

PHYSICAL ASSAULT - Call 911

  • Need law officer on scene (police, sheriff, etc.)

 

NON - EMERGENCY

No present danger exists

Need follow-up visit from Adult Protective Services or Ombudsman Program

 

 

 

WHAT HAPPENS WHEN SUSPECTED ABUSE IS REPORTED?

Department of Human Services/Adult Protective Services, Law Enforcement, and the Long Term Care Ombudsman Program, as the primary agencies with a mandate to receive reports of elder abuse, will investigate and take action to correct or remedy the situation, with the consent of the alleged victim. Any action taken is guided by the principles of the least restrictive intervention and an individualís right to self-determination.

 

 

WHAT ARE THE GUIDING PRINCIPLES OF ADULT PROTECTION?

Within the field of protective, mental health and health services, it is generally accepted that all actions should be at the least restrictive level possible. An elder may refuse or withdraw consent to an investigation of abuse or the provision of protective services at any time. If the client is competent, refuses to have anything to do with the worker, and expresses a desire to be left alone, the worker must respect this right to privacy.

In a case where the victim is so incapacitated that he/she cannot legally give or withdraw consent for an investigation or the provision of protective services, a conservatorship may be initiated. When interests compete, the client is in charge of decision-making until he/she delegates responsibility voluntarily to another or the court grants responsibility to another.

In the U.S. legal system, freedom is more important than safety; that is, a person can choose to live in harm or even self-destruction, provided he/she is competent to choose, does not harm others, and commits no crime.



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CCLS makes every effort to ensure that information regarding the law is accurate and up to date. However, CCLS cannot ensure that all information is current nor be responsible for any use to which it is put. Do not rely solely on this information without first consulting us, an attorney, or the appropriate agency about your rights in your particular situation.