Whether it is a parent, grandparent, or just a neighbor, you likely have an older person in your life that you worry about and who you feel is particularly vulnerable. Sadly, you have good cause to be worried that your elderly loved one will become the victim of elder abuse or neglect given that at least one in ten elderly individuals will be abused or neglected each year. Because knowledge is power, the attorneys at Legacy Care Law Firm have prepared a New Hampshire guide to elder abuse and neglect to help you keep your elderly loved ones safe.
The Shocking Truth about Elder Abuse and Neglect
We have all heard at least one news story about elder abuse or neglect; however, most people do not realize how pervasive the problem really is. To start with, there are a lot more older Americans today than there were in generations past. In fact, the U.S. population age 65 and over grew nearly five times faster than the total population over the 100 years from 1920 to 2020, according to the U.S. Census Bureau. Sadly, an increase in the elderly population means more potential victims for people who prey on them. Making matter worse is the fact that elderly victims often fail to report abuse or neglect. According to the National Council on Aging (NCOA), up to five million older Americans are abused every year, and the annual loss by victims of financial abuse is estimated to be at least $36.5 billion, yet fewer than one in 24 instances of elder abuse are ever reported.
Types of Elder Abuse
You likely have a picture in your mind of what constitutes elder abuse; however, there are several different types of elder abuse recognized by the NCOA including:
- Physical abuse. Refers to inflicting physical pain or injury upon an older adult.
- Sexual abuse. Includes touching, fondling, intercourse, or any other sexual activity with an older adult, when the older adult is unable to understand, unwilling to consent, threatened, or physically forced.
- Emotional abuse. Involves verbal assaults, threats of abuse, harassment, or intimidation.
- Confinement. Refers to restraining or isolating an older adult, other than for medical reasons.
- Passive neglect. Happens when a caregiver fails to provide an older adult with life’s necessities, including, but not limited to, food, clothing, shelter, or medical care.
- Willful deprivation. Involves denying an older adult medication, medical care, shelter, food, a therapeutic device, or other physical assistance, and exposing that person to the risk of physical, mental, or emotional harm—except when the older, competent adult has expressed a desire to go without such care.
- Financial exploitation. Includes the misuse or withholding of an older adult’s resources by another.
What Can I Do to Prevent Elder Abuse and Neglect?
Knowing that an elderly loved one could be the victim of elder abuse or neglect is a very unsettling thought. Fortunately, there are some steps you can take to help prevent those thoughts from becoming a reality, such as:
- Talk to your loved one. Sit down and talk to your elderly loved one about the topic of elder abuse and encourage him/her to confide in you if they are victimized or simply don’t feel right about a person or situation.
- Don’t assume that a family caregiver can be trusted. While you should not accuse a family member without cause, don’t assume they can be trusted because they are family either given that two out of every three perpetrators of elder abuse are a family member of the victim.
- Research facilities. Do your research before selecting a long-term care facility. Check complaints, interview the administrator, and talk to residents if possible.
- Thoroughly screen caregivers: Home health care services or companies may tell you they conducted a thorough background check; however, you should do one yourself.
- Show up unannounced and often. Whether your loved one is in a care facility or receiving home care, make unannounced visits as often as possible.
- Keep an eye on assets and money. Actively monitor money, assets, and bills to check for missing funds or bills that should be paid but aren’t getting paid.
- Discuss guardianship with your estate planning attorney. If there comes a time when you believe that your loved one is the victim of abuse or neglect, you need the legal authority to take action. With that in mind, discuss the possibility of becoming your loved one’s guardian with your estate planning attorney.
What Do I Do If I Suspect Elder Abuse in New Hampshire?
Despite your efforts to prevent your loved one from becoming the victim of elder abuse or neglect, you may realize one day that the signs of elder abuse are there, including things such as:
- 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.
If you suspect abuse or neglect, try to talk to your loved one about your concerns. If that is not possible or not productive, ask to speak to a supervisor if someone outside the family is providing care. You can also contact the appropriate law enforcement agency and report your suspicions and/or file a formal complaint against a nursing home with the New Hampshire Long-Term Care Ombudsman. If you are unable to resolve the situation to your satisfaction, it may be time to consult with an experienced elder law attorney to discuss your legal options which may include pursuing legal action against the perpetrator and/or company/facility in a civil lawsuit.
Contact Our Elder Law Attorneys
For more information, please join us for an upcoming FREE seminar. If you have additional questions about elder abuse in New Hampshire, contact our elder law attorneys in our North Andover, Woburn, and Beverly offices at (978) 969-0331. Our Salem and Nashua, New Hampshire office can be reached at (603) 894-4141.
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