What Legal Professionals Should Know About Handling Elder Abuse and Neglect Claims

Elder abuse cases are more common than you think. In 2019, one in every six elders, 60 years or older, experienced some form of abuse. The nature of this abuse could be both physical and psychological and could lead to injuries and long-term trauma. Ironically, elder abuse probably happens most frequently in nursing homes and retirement homes at the hands of the attendants. 

The biggest challenges to fighting elder abuse are that it remains widely underreported and is difficult to identify. This is mainly due to a communication gap between elders and their caregivers. 

If you are a legal professional handling elder abuse and neglect claims, here are a few things you need to know.

Personal Meetings with the Victim

Whenever a legal agency or professional receives a report regarding a case of elder abuse or neglect, a personal, face-to-face contact with the elder must be established. In addition, the meeting must be arranged in the senior’s place of residence. The legal professional has the right to interact with the elder and no one can interfere with the same. If there is a possibility that elder abuse has occurred, the professional has to present the elder with a service care plan, and only those services are tendered which are approved by the elder. If the elder, however, is incapable of making the decision, a guardian can also be appointed.

Criminal Laws for Elder Abuse

While all the regular laws pertaining to physical, mental, or financial apply to elder abuse as well, most states have specific laws that pertain to elder abuse and offer special consideration and protection, similar to what is given to minor child victims of crimes. Crimes against elders, as such, result in higher penalties which help protect them from their caregivers in nursing homes or even from their own families. Some states even go the extra mile to prevent elder abuse. The State of Rhode Island has a dedicated Elder Abuse Unit and attorneys are appointed as legal guardians of elders in cases where elders are taken advantage of by their own families.

Types of Elder Abuse

As a legal professional, it is important for you to understand the different types of abuses that elders are subjected to. Although their definitions may vary, these forms of abuse can result in criminal charges in various countries and states in the US.

1. Physical Abuse and Assault

Physical abuse consists of the use of physical force or violence that could include hitting, pushing, or restraining the elder. There are various signs that could indicate physical abuse in elders: bruise marks, injuries requiring emergency treatment, and the reluctance of the elder in being left with certain people.

2. Emotional Abuse

Elders are often subjected to emotional abuse and may often be forced or threatened to follow orders or participate in activities that they may not be interested in. Abusers may often deny access to resources or humiliate or embarrass them. Elders that are subject to emotional abuse often develop signs of depression, anxiety, and social distrust.

3. Sexual

Elders can also be victims of sexual abuse. This could involve unwanted sexual advances, forced sexual conversations, groping, and other forms of sexual abuse. Identifying signs of sexual abuse may be difficult unless you are a medical practitioner.

4. Financial Abuse

Financial scams and frauds are probably the most common types of abuse that elders are subjected to. There are numerous scams over the internet and telephone that con elders into revealing their financial details. Unfortunately, elders are prey not just to scammers, but they also commonly suffer financial abuse at the hand of their relatives. They are often coerced into the unwilling distribution of their assets. Financial abuse can be identified in the form of irregular transactions from the elder’s account, the addition of additional account holders, or missing belongings.

5. Neglect and Abandonment

Many states in the United States impose the responsibility of taking care of the elder and those entrusted with the responsibility are expected to provide a specific level of care. Although failing to do so due to genuine reasons may not be counted as elder abuse, intentional neglect can lead to criminal charges. Neglect may include not providing food, shelter, water, proper medical care, and failing to protect the elder from harm and danger. If your or a loved one has been subject to this kind of abuse in the state of Missouri, you may be entitled for compensation. According to the experts at https://www.stllawhelp.com/, infections and bedsores along with ulcers, and malnourishment could all be signs of elder neglect and abuse. The degree of neglect that can lead to a conviction of elder abuse is well documented. While mere negligence and a casual attitude will not make the charges hold, intentionally disregarding the needs of the elder can lead to prosecution.

Abandonment on the other hand is considered elder abuse if the person who is legally responsible for providing care to the elder, deserts the elder intentionally. An elder who is not sure of his location, appears confused and scared, could be a victim of elder abandonment.

6. Isolation

Confining or isolating an elder against their wishes, for any reason other than supervised medical care can be a form of elder abuse. It is a form of abuse that is often witnessed in old age nursing homes where a staff worker may confine the elder by taking away their walking aids or wheelchair. They may further threaten the elders: scaring them from speaking out and further isolating them. While loneliness is, to quite an extent, a part and parcel of old age, forcing it on an elder by limiting their mobility, or by restricting their social interaction and freedom, can have a negative emotional impact on the elder.

Order of Protection

An order of protection is essentially a restraining order against the abuser. It is an order issued by the court to prevent further abuse of the elder, where an elder is a person of the age of 60 or more. There are two types of protection orders. The first one, an ex parte temporary order, is one that is issued if there is a likelihood of immediate abuse to the elder. Through this order, the abuser is given a fixed period of time to appear at the court to explain his side of the story. The second type of order of protection is a permanent restraining order. This order is issued only after a hearing of both the parties in the presence of a judge during which they are both provided with the opportunity to present their case.

As a legal professional handling elder abuse and neglect claims, it is important for you to be well versed with the rules and regulations of the state. Tackling elder abuse is quite challenging as identifying the signs and proving wrongdoing can be difficult. However, with increasing awareness, various states have established a well-defined set of laws in order to deter elder abuse.