Many elderly people rely entirely on family or other trusted individuals to help them. Whether it is for physical needs or emotional needs, as people grow older they tend to need more and more help from others. This dependence on caregivers or family members makes an older person more vulnerable for abuse.
For example, an older person relying on her children to provide meals and transportation and help her with financial decisions finds it difficult to complain when one of her children takes advantage of her. If, for instance, the child takes her money, hits her or neglects her care, the parent may be threatened with loss of support from the child if the parent complains. The child may also use threats of violence to keep the parent in line.
It is estimated that 5% to 10% of elderly Americans are suffering abuse. According to the National Committee for the Prevention of Elder Abuse,
"Spiraling rates of elder mistreatment are reported by both practitioners and researchers. In a recent national study of Adult Protective Services (APS), typically the agency of first report concerning elder abuse, there were 253,421 reports of abuse of adults age 60+ or 832.6 reports for every 100,000 people over the age of 60. The National Elder Abuse Incidence Study found that more than 500,000 persons aged 60+ were victims of domestic abuse and that an estimated 84% of incidents are not reported to authorities, denying victims the protection and support they need."
Much attention has been focused on abuse in nursing homes but most of the elder abuse in this country is at the hands of family members or other caregivers in the home.
The majority of the victims were females between the ages of 60-89 and 60% of the perpetrators were family members/relatives, while 24% were non-related paid caregivers.
The protective needs identified were as follows:
self-neglect 31%
physical abuse 16%
exploitation 19%
caretaker neglect 12%
emotional abuse 19%
sexual abuse 3%
In conducting the investigations, it was not uncommon to find that adults who were self-neglecting were also being exploited or abused. Thus, if only one in ten cases are ever reported, it is possible that 9 out of 10 is close to the actual ratio of unreported versus reported cases.
The lack of reporting elder is the same in all States, and each are experiencing close to the same ratios of underreporting as the others.
There are a number of reasons why incidents of abuse, neglect, or exploitation are not reported to Adult Protective Services or other authorities. One of the most common reasons is the victim's fear of losing support. Many of the perpetrators are family members and the victim fears that reporting the crime will result in removal of the caregiver, as the perpetrator may face incarceration or may discontinue relations with the victim once accused, charged, or convicted. Many of these victims fear that by reporting abuse they will be left alone and expected to care for themselves or they will be forced to live in a nursing home.
Many states have implemented mandatory reporting laws to assist in the prevention of abuse, neglect or exploitation of vulnerable adults. Most states have laws that state that "any person who has reason to believe that a vulnerable adult has been the subject of abuse, neglect, or exploitation shall immediately notify Adult Protective Services or the nearest law enforcement agency. Anyone who makes the report in good faith is immune from civil liability in connection with the report; however, any person who willfully fails to report is / might be guilty of a misdemeanor."
It is important to note that the anonymity of the person or persons making the initial report and any other persons involved in the subsequent investigation shall be preserved and may only be released in accordance with the rules of the division In addition, all investigation information is confidential.
The following is a list of indicators of abuse, neglect or exploitation. It is important to note that the following lists are merely indicators and may not always be violations.
Signs of Abuse:
Unexplained bruises, welts, fractures, abrasions or lacerations
Multiple bruises in various stages of healing
Multiple/repeat injuries
Low self-esteem or loss of self determination
Withdrawn, passive
Fearful
Depressed, hopeless
Soiled linen or clothing
Social Isolation
Signs of Neglect/Self-Neglect:
Dehydration
Malnourishment
Inappropriate or soiled clothing
Odorous
Over/under medicated
Deserted, abandoned or unattended
Lack of medical necessities or assistive devices
Unclean environment
Social Isolation
Signs of Exploitation:
Missing/"disappearing" property
Inadequate living environment
Frequent/recent property title changes or will changes
Excessive home repair bills
Forced to sign over control of finances
No/limited money for food, clothes and other amenities
Prevention can only occur if there is awareness, the statutes are adhered to, and any suspicions of abuse, neglect or exploitation of vulnerable adults are immediately reported to Adult Protective Services and/or law enforcement.
All states have agencies that receive complaints of abuse. In some states failure to report abuse of the elderly is a crime.
Contact Steven Peck's Premier Legal toll free at 1-866-999-9085 to talk to an experienced elder abuse attorney or visit us online at www.premierlegal.org.
