Sadly, elder abuse occurs far more often than most people realize with experts estimating that one in ten older Americans suffers some form of elder abuse every year. Making matters worse is the fact that only one in 24 instances of abuse or neglect are reported to the authorities. If you suspect elder abuse, it is crucial to act promptly to protect the vulnerable person and ensure they receive the care and respect they deserve. Toward that end, the attorneys at Legacy Care Law Firm explain the steps you should take if you suspect elder abuse.
Recognizing the Signs of Elder Abuse
Elder abuse often goes unnoticed because the victims may be reluctant to report it, feel ashamed, or may not even recognize that they are being abused. It is essential to remain vigilant and watch for potential signs that indicate something may be wrong. Some common warning signs of elder abuse include:
- Unexplained injuries, such as bruises, cuts, or broken bones
- Sudden changes in behavior or mood
- Withdrawal from social activities or isolation
- Poor hygiene, malnutrition, or dehydration
- Unpaid bills or sudden changes in financial circumstances
- Fearfulness or nervousness around certain individuals
- Discrepancies between the elder’s account of events and what others observe
If you notice any of these signs or if the elder confides in you about mistreatment, take the situation seriously. Elder abuse can have long-lasting emotional, physical, and financial consequences, so early intervention is key.
Different Types of Elder Abuse
Before taking action, it is essential to understand the various forms elder abuse can take. Abuse can be physical, emotional, financial, sexual, or involve neglect. Each form is harmful and can significantly impact an elderly person’s quality of life. Types of elder abuse include:
- Physical Abuse: Physical abuse involves the use of force that results in injury, pain, or impairment. This can include hitting, slapping, kicking, pushing, or restraining an elder inappropriately. Even if there are no visible marks, physical abuse can leave lasting emotional scars. Victims of physical abuse may exhibit unexplained bruises, cuts, or broken bones, or they may appear fearful or anxious around certain caregivers or family members.
- Emotional or Psychological Abuse: Emotional abuse occurs when someone causes emotional pain or distress through verbal or non-verbal actions. This can include insults, threats, intimidation, humiliation, or controlling behavior. Emotional abuse can also manifest as isolating the elderly individual from friends or family, leaving them feeling abandoned and lonely. Signs of emotional abuse may include sudden changes in mood, withdrawal from social activities, or depression. The elder may also seem fearful, anxious, or agitated, especially when in the presence of the abuser.
- Financial Abuse: Financial abuse occurs when someone illegally or improperly uses a senior’s finances or assets for personal gain. This can include stealing money, forging signatures, or coercing the elder into signing financial documents, such as wills or powers of attorney, under duress. Financial abuse can also involve manipulating the senior into making unnecessary purchases or investments. Warning signs of financial abuse include unpaid bills, sudden changes in the elder’s financial situation, or large withdrawals from their bank accounts. The elderly individual may also express confusion about their finances or complain that they are running out of money.
- Sexual Abuse: Sexual abuse involves non-consensual sexual contact with an elder, including any unwanted touching, sexual assault, or exploitation. This form of abuse is often the most difficult for victims to disclose, especially because of the shame or fear of not being believed. Signs of sexual abuse can include bruises around the genital area, torn or stained undergarments, or the victim expressing fear or discomfort when certain people are nearby. It is crucial to create a safe environment for the senior to express concerns about any inappropriate behavior they may have encountered.
- Neglect: Neglect occurs when a caregiver fails to provide the necessary care, leading to harm or distress for the elderly individual. This can include failing to provide adequate food, water, shelter, medical care, or assistance with daily activities. Neglect can be intentional or unintentional, but the effects are equally harmful. Signs of neglect include malnutrition, dehydration, poor hygiene, bedsores, or the elder living in unsafe or unsanitary conditions. If you notice these issues, it may indicate that the senior’s basic needs are not being met, either by a caregiver or a nursing home facility.
What to Do if You Suspect Elder Abuse
If you believe an elderly loved one is being abused, it is essential to act quickly and responsibly to protect them by taking the following steps:
- Document the Evidence: Start by keeping a detailed record of what you have observed. Write down the dates, times, and specific incidents or signs of abuse that have raised your concerns. Include any statements your loved one has made about their situation, along with photos of injuries or unsafe living conditions if possible. Documentation will be useful when reporting the abuse to authorities or caregivers.
- Speak with Your Loved One: If it is safe to do so, try to talk to your loved one in a private, non-threatening environment. Ask open-ended questions to encourage them to share their thoughts and feelings. Be patient and listen without judgment. Some elders may be reluctant to admit they are being abused because they feel embarrassed or fear retaliation. Reassure them that you are concerned about their well-being and that there is help available. Be mindful of the elder’s wishes and respect their autonomy whenever possible, while ensuring their safety.
- Contact Adult Protective Services (APS): Adult Protective Services (APS) is a state agency responsible for investigating reports of elder abuse, neglect, and exploitation. You can contact APS to report your suspicions, and they will initiate an investigation. In New Hampshire, you can call 603-271-7014 or visit the website for more information. In Massachusetts, call 800- 922-2275 or report elder abuse online.
- Report the Abuse to Law Enforcement: If you believe a senior is in immediate danger, do not hesitate to contact local law enforcement. The police can intervene if there is a risk of harm or if a crime has been committed, such as assault, theft, or fraud. In some cases, law enforcement may work with APS to ensure the older individual’s safety and hold the abuser accountable.
- Consult with an Elder Law Attorney: While elder abuse is often a criminal offense, it can also form the basis of a civil lawsuit against the perpetrator. An elder law attorney can discuss your legal options with you which may include filing for guardianship, securing restraining orders, or pursuing civil litigation against the abuser. Legal action may be necessary to recover stolen assets or to ensure that the elder’s financial and legal affairs are managed appropriately.
- Arrange for Alternative Care: If your loved one is living in an unsafe environment or being cared for by someone who is abusive, it may be necessary to arrange for alternative care. This could mean finding a new caregiver, placing them in a trusted assisted living facility, or involving family members to provide additional support. The goal is to ensure that your loved one is safe and receiving proper care.
Do You Need Help with Elder Abuse?
For more information, please join us for an upcoming FREE seminar. If you suspect that a loved one is the victim of elder abuse, 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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