What is Elder Abuse?

The criminal act of elder abuse occurs when a person knowingly and willfully causes or permits an elder to suffer or inflicts unjustified physical or mental anguish on the elder. Abuse may also occur when a person willfully causes or permits an elder to be placed in a situation that is harmful to their health.

Elder abuse results in harm, pain, or mental suffering to an individual. Abuse also includes the deprivation of goods or services by a care custodian that are necessary to avoid physical or mental anguish.

Elder abuse may include any of the following actions:

  • Abandonment: Desertion of an elder by their caretaker
  • Abduction: The unconsented removal of an elder to another state
  • Financial abuse: Taking or using an elder’s funds, property, or other assets
  • Isolation: Intentionally secluding an elder through restricting mail, telephone calls, or visitors
  • Mental suffering: Inflicting fear, agitation, or confusion by means of threats, harassment, or other intimidating behavior
  • Neglect: Failure to assist in addressing an elder’s personal hygiene, failure to provide food, clothing, or shelter, or failure to protect an elder from health and safety hazards
  • Physical abuse: Inflicting physical pain or injury, sexual assault or molestation, or using physical or chemical restraints as punishment
  • Undue influence: When a person uses excessive persuasion to overcome an elder’s free will and causes the elder to act or refrain from acting in an appropriate manner

What are Possible Signs of Elder Abuse?

Many possible signs may indicate elder abuse. The following list is not exhaustive.

Possible indicators for potential physical abuse and neglect include:

  • Malnutrition, dehydration, bedsores, or unexplained weight loss
  • Suspected physical injury
  • Painful reactions to touch
  • Bruises, skin tears, broken bones or teeth

Behavioral indicators for abuse may include:

  • Agitation
  • Anger
  • Confusion or disorientation
  • Defensiveness
  • Depression
  • Fearfulness
  • Helplessness
  • Hesitation to speak openly
  • Giving implausible excuses for injuries or behavior
  • Non-responsiveness
  • Withdrawn demeanor

Possible indicators of abuse by family members or caregivers:

  • The elder is not allowed to speak on their own behalf
  • An attitude of indifference or anger toward the elder
  • Social isolation or restriction of activity
  • Conflicting accounts of incidents
  • Gambling or substance abuse issues from the family member or caregiver

How is Elder Abuse Addressed?

When elder abuse is suspected, it must be reported. Workers who are mandated to report elder abuse include administrators, supervisors, licensed staff of public or private facilities, care custodians, health practitioners, clergy members, employees of adult protective services, law enforcement, and caretakers. Employees of financial institutions must report financial abuse.

The mandated reporter is required to report all actual or suspected physical abuse, abandonment, isolation, financial abuse, or neglect. Form SOC 341 must be signed and completed by the mandated reporter.

These mandated reporters must report their findings immediately by telephone, followed by a written report or online via the confidential reporting tool within two working days. If the suspected abuse is physical and has occurred in a facility, then a report must be made to the ombudspersons and law enforcement. Serious bodily injury must be reported to law enforcement within two hours, with a report to the ombudspersons within 24 hours.

If a mandated reporter fails to report abuse or impede a report of abuse, then it is considered a misdemeanor that is punishable by up to six months in jail and a fine of up to $1,000.

A mandated reporter who willfully fails to report abuse that results in death or great bodily injury will be punished with up to a year in jail and a fine of up to $5,000. An employee of a financial institution who fails to report financial abuse will be punished with a fine of up to $1,000 or up to $5,000 if the failure to report is intentional.

How Can Elder Abuse be Prevented?

The prevention of elder abuse is a joint responsibility. There are many actions that older adults and other members of the community can take to prevent this from occurring.

Older adults can help prevent abuse through:

  • Staying active and connected
    • Maintain regular contact with support networks.
    • Staying active in the community.
    • Access to personal phone and mail.
    • Familiarity with services for seniors.
    • Involvement in decisions and healthcare.
    • Asking for help when needed.
    • Speaking up when something feels wrong.
  • Plan for the future and communicate wishes
    • Plan while independent and capable.
    • Establish advance care planning early.
    • Thoroughly consider major changes to living situations.
    • Seek alternate care options beyond family members.
  • Advocate for self
    • Voice encountered challenges or file a complaint.
    • Ask about rights and signs of elder abuse.
    • Report abuse when noted.
  • Protect finances and property
    • Do not share accounting information.
    • Do not lend money.
    • Use direct deposit.
    • Have bills drafted from accounts automatically.
    • Do not sign documents that are not understood.
    • Read all legal documents carefully.
    • Seek outside advice about legal matters.
  • Caregivers can help prevent elder abuse through:
    • Treating all older adults with respect and dignity.
    • Learning about signs of elder abuse.
    • Maintaining health and social connections.
    • Requesting help when needed.
    • Inquire about adult day programs.
    • Join a support group.
    • Seek medical care or counseling.
  • Agencies can help prevent elder abuse through:
    • Providing training to staff on elder abuse.
    • Thorough background checks on employees.
    • Encourage counseling and support groups for seniors and caregivers.
    • Advocating for elders and their families.
    • Seek involvement in an elder abuse network.
    • Promptly discussing concerns with a supervisor.
    • Developing trusting relationships with elder patients.

Do I Need an Attorney?

If you or a loved one are the victim of elder abuse, you deserve legal representation you can depend on. Call Thon Beck Vanni Callahan & Powell, A Professional Corporation, at 626-208-9906 or fill out a contact form for a free consultation.