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The Administration for Community Living (ACL) offers the following broad definitions of various types of elder abuse:
- Physical Abuse. Inflicting physical pain or injury on a senior, including, but not limited to, slapping, bruising, or restraining by physical or chemical means.
- Sexual Abuse. Non-consensual sexual contact of any kind.
- The failure by those responsible to provide food, shelter, health care, or protection for a vulnerable elder.
- The illegal taking, misuse, or concealment of funds, property, or assets of a senior for someone else's benefit.
- Emotional Abuse. Inflicting mental pain, anguish, or distress on an elder person through verbal or nonverbal acts, including, but not limited to, humiliating, intimidating, or threatening.
- Desertion of a vulnerable elder by anyone who has assumed the responsibility for care or custody of that person.
- Self-neglect. Characterized as the failure of a person to perform essential, self-care tasks and that such failure threatens his/her own health or safety.
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Accurate statistics regarding how often elder abuse occurs are difficult to come by for several reasons. As states enact new laws and procedures relating to elder abuse, uniform reporting requirements remain elusive. In addition, many victims of elder abuse are ashamed to admit to being abused or fear reprisals by the abuser on whom they often depend for everything from transportation to housing.
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Although precise data is difficult to come by, experts estimate that:
- More than one in 10 seniors will be the victim of elder abuse
- Each year, there are over 5 million instances of financial exploitation with a senior victim
- For every instance of elder abuse reports, as many as 14 go unreported.
- More than 40 percent of nursing home residents have reported abuse, and more than 90 percent report that they or another resident of the facility have been neglected.
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Sadly, family members taking advantage of an elder person’s diminished capacity to either cajole or outright steal money or assets is the most common form of financial exploitation of the elderly. Non-family member caregivers may also use money without permission or take property from the individual’s home. Getting an elderly individual to sign documents under false pretenses that transfer assets to the perpetrator, either now or after the elderly person’s death, is another example of elder financial abuse as is targeting an elderly individual for financial scams, over the telephone, through the mail, on the computer, or even in person.
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If you feel that something is not right, your instincts are likely your best “sign” of elder abuse. Nevertheless, common things to watch for include:
- Excessive and/or unexplained physical injuries
- Bruising, particularly around wrists or ankles that may be from restraints
- A general deterioration in health without explanation
- Unexplained weight loss
- Deterioration in hygiene habits
- Mood swings
- Angry outbursts with no apparent cause
- Depression or withdrawal
- Failure to take medication as prescribed
- Doctor visits canceled or missed
- A particular dislike or avoidance of a staff member
- Bills not being paid when funds should be available
- Items missing from the home or living space
- Access to your loved one being restricted by a caregiver
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The idea that an elderly loved one is being abused or neglected is a horrible feeling, made worse by the fact that you may not know what to do about your suspicions. There are some steps you should consider taking if you suspect elder abuse, including:
- Try to talk to your loved one. When possible, try talking to your loved one first to confirm your suspicions. Assure him/her that there is no reason to be ashamed of being a victim nor to fear reprisals.
- Meet with a supervisor or administrator. Sometimes this can be extremely productive while other times you will only hear denials and the administration will start trying to cover up any wrongdoing.
- Make a police report. Elder abuse can be a criminal offense. Making a police report creates a paper trail and will hopefully lead to an investigation.
- File a formal complaint. In Indiana, you can file a complaint with Adult Protective Services.
- Consult an elder law attorney. While elder abuse is often a crime, elder abuse can also be the basis for a civil lawsuit against the perpetrator and/or the facility. It is always a good idea to discuss this possibility with an experienced elder law attorney. In addition, if your loved one is reluctant to speak out, or is suffering from dementia, you may need to petition for guardianship to move your loved one to a new facility.
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Contact Us
If you have additional questions, contact an experienced Indianapolis, Indiana estate planning attorney at Frank & Kraft. by calling (317) 684-1100 to schedule your appointment today.
