What is elder abuse?
It is the neglect, exploitation or "painful or harmful" mistreatment of anyone who is 65 or older (or any disabled dependent adult age 18 to 64). It can involve physical violence, psychological abuse, isolation, abandonment, abduction, false imprisonment or a caregiver's neglect. It could also involve unlawful taking of a senior's money or property.
In short, elder abuse involves various crimes, such as theft, assault or identity theft. But when the victim is 65 years old or older (or a disabled dependent adult), the criminal faces stiffer penalties.
1. What should I do if I am being abused or if I suspect someone else is being abused?
If the abuse, neglect or exploitation is taking place in a private home, call Steven Peck's Premier Legal toll free at 1-866-999-9085 to talk to an experienced elder abuse attorney.
If the abuse is occurring in a licensed long-term care facility, such as a nursing home, call Steven Peck's Premier legal toll free at 1-866-999-9085 to talk to an experienced nursing home abuse and neglect attorney.
2. Am I required to report suspected elder abuse?
Yes, if you are responsible, with or without pay, for taking care of an elder or dependent adult. Others, too, must report suspected elder abuse: administrators, supervisors and licensed staff of facilities providing care and services to the elderly; APS employees; health practitioners; police officers; clergy members; elder or dependent adult care custodians; and employees of financial institutions.
3. Is there anyone who will check on my elderly father's well-being for me?
Yes. If you are worried about a parent or other elderly person who lives in a different community, contact the police or sheriff's department in his or her area and request a well-being or welfare check.
4. What can I do to protect myself from an abusive caregiver or spouse?
If you are in immediate danger, call 911. When the police arrive, explain what happened. In both elder abuse and domestic violence cases, the officers can contact an on-call judicial officer and issue an immediate Emergency Protective Order (EPO). Then, to extend the order, you can seek a Temporary Restraining Order (TRO).
In addition, in cases of elder abuse, the senior citizen need not have suffered physical abuse to obtain a restraining order. An elder abuse restraining order can prohibit the mental or financial abuse of a senior as well. A restraining order does not completely eliminate the risk of future violence or other abuse; you should remain on guard.
5. How can I be sure that my mother's caregiver will provide proper in-home care?
You cannot be sure, especially if the caregiver is simply providing personal assistance with such daily rituals as dressing or preparing meals. Such caregivers are not regulated. Caregivers who provide medical care, however, must be licensed or certified.
6. As a senior, am I more likely to be targeted in a consumer scam?
Yes. Seniors are often victims. You could be approached through the mail, by telephone, via e-mail or at your front door. Avoid being solicited by telemarketers by registering your telephone numbers with the National Do-Not-Call Registry. Call 1-888-382-1222 or go to the Web site at www.donotcall.gov. You can also "opt out" of credit agencies' pre-approved credit offer mailing lists. Call 1-888-5-OPTOUT (1-888-567-8688) or go online at www.optoutprescreen.com.
7. What is identity theft and what should I do if I become a victim?
Identity theft is the unauthorized use of someone's personal data to obtain credit cards, loans, automobiles, products and services. "Personal data" includes your driver's license, credit card numbers, name, address, telephone number or Social Security number.
To keep tabs on your credit, you can request one free credit report annually or visit www.annualcreditreport.com.
If you fall victim to an identity thief, protect your credit rating and ensure that the thief's actions do not damage your financial status in the future. Call the major credit-reporting agencies and put a fraud alert on your account, file a police report, register a complaint with the FTC, and send out an ID Theft Affidavit to any business in which a fraudulent account was opened.
For more detailed information, visit the Web sites run by the FTC (www.ftc.gov), the Privacy Rights Clearinghouse (www.privacyrights.org), the Identity Theft Resource Center (www.idtheftcenter.org) or the attorney general's office.
