California Elder Law Attorney Blog

According to the National Center on Elder Abuse (NCEA), "elder abuse" is a term referring to any knowing, intentional or negligent act by a caregiver or any other person that causes harm or a serious risk of harm to a vulnerable adult.

The victims of elder abuse come from all walks of life, but they share the common characteristic of being over the age of 60 and in some states over the age of 65 says California Elder Abuse Attorney Steven C. Peck.

Abusive actions result in physical, emotional, sexual or financial harm to the victim and can be the result of neglect or abandonment. The key factor is the infliction of pain, injury or the deprivation of a basic need.

While many think of elder abuse as resulting from the actions of others, a recent report by the Clearinghouse on Abuse and Neglect of the Elderly (CANE) finds that the most common type of elder mistreatment reported to adult protective services nation-wide is the result of self-neglect.

In situations of self-neglect, addressing the problem is often difficult because self-neglectors refuse services or resist interventions which will likely remedy or resolve the problem.

There are several risk factors for elder abuse to watch for, according to the University of Washington Division of Gerontology and Geriatric Medicine. These include characteristics of the abused person, living situations and characteristics of the abuser.

Usually, the mistreated elder suffers from poor health accompanied by functional impairment, cognitive impairment and social isolation. Elder abuse generally occurs in a shared-living arrangement where there may be some form of external stress, and it frequently involves strained financial situations.

The abuser may have a history of substance abuse or mental illness, may be dependant on the victim in some way and often has a history of violence.

Elders can take steps to protect themselves from elder abuse, and more importantly, they should take steps to maintain their health. Professional help should be sought in the event of addiction, alcoholism or depression.

Support services should be utilized if domestic violence is present. Seniors should plan for their own financial and health care future. Whenever finances are involved, seek independent advice from a trusted, knowledgeable and unbiased source before making a decision. Stay active in the community, and do not become isolated. Finally, know that you have the right to express your preferences and concerns.

Protection of others from abuse involves knowing the warning signs. Elders and others should keep a watchful eye on their loved ones, friends and neighbors and should be unafraid to voice their concerns. While elder abuse is a serious problem, government and private organizations and Elders themselves are taking an active role in its detection, prevention and elimination.

The warning signs of elder abuse are: (1). Signs of physical injury or unexplained marks. (2). Signs of restraint. (3). Signs of neglect such as bedsores, soiled clothing, malnutrition, dehydration or unexplained weight loss. (4). Injuries to the genitals or breasts. (5). Frequent arguments between an elder and a caregiver or other person in a close relationship with the elder. (6). Sudden changes in an elder's living arrangements. (7). Repeat or unreasonable violations of an elder's privacy by another person. (8). Changes in behavior, particularly if they involve withdrawal, anxiety, agitation or depression. (9). Sudden financial changes, unusual bank activity, unpaid bills or a discrepancy between means and standard of living and (10). An elder expressing that he or she is being abused or exploited.