What Is Elder Abuse & What Can Be Done?
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Mary Martin
Published Legal Expert
Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...
Published Legal Expert
UPDATED: Jul 18, 2023
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We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.
UPDATED: Jul 18, 2023
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
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Every year, thousands of elderly Americans are abused in their own homes, in relatives’ homes, in nursing homes and in other facilities responsible for their care. This article will discuss the signs and symptoms of elder abuse and how to act on behalf of an elderly person who you suspect is being abused.
As elderly individuals become more frail, they are less able to stand up to bullying or to fight back if attacked. They may not see or hear as well or think as clearly as they used to, leaving openings for unscrupulous people to take advantage of them. Mental or physical ailments may make them more trying companions for the people who live with them, sparking some abusive and violent reactions often out of their caretakers’ frustration. Frequently, these are family members such as adult children or grandchildren, or spouses, or they are nursing home workers. Elders may be harmed psychologically or physically, and don’t know how to or are simply afraid to report the abuse.
Types of Elder Abuse
Physical abuse – Physical abuse includes not only physical assaults such as hitting or shoving but also the inappropriate use of drugs, restraints, or confinement.
Emotional/psychological abuse – With emotional or psychological senior abuse, people speak to or treat elderly persons in ways that cause emotional pain or distress. The abuse may be verbal or nonverbal. Verbal forms of abuse may include intimidation through yelling or threats, humiliation and ridicule, or habitual blaming or scapegoating. Nonverbal forms of abuse are ignoring the elderly person, isolating him or her from friends or other family members and activities, or terrorizing him or her.
Sexual abuse – Sexual elder abuse is contact with an elderly person without the elder’s consent. Such contact can involve physical sex acts, but activities such as showing an elderly person pornographic material, forcing the person to watch sex acts, or forcing the elder to undress are also considered sexual elder abuse.
Neglect or abandonment by caregivers – Elder neglect or failure to fulfill a caretaking obligation constitutes more than half of all reported cases of elder abuse. It can be active (intentional) or passive (unintentional, based on factors such as ignorance or denial that an elderly charge needs as much care as he or she does).
Financial exploitation – Financial exploitation involves the unauthorized use of an elderly person’s funds or property, either by a caregiver or an outside scam artist. For example, an unscrupulous caregiver might misuse an elder person’s checks, credit card or bank accounts or . an outside scam artist might trick the elder person into investing in a phony investment scheme.
Healthcare fraud and abuse – Examples of healthcare fraud and abuse include charging for healthcare which has not been provided, overcharging or double billing for services, getting kickbacks for referrals or for prescribing certain drugs, over- or under-medicating, recommending fraudulent remedies for illnesses, or Medicaid fraud.
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Signs and Symptoms of Elder Abuse
Symptoms of elder abuse are often not recognized or taken seriously because they may appear to be signs of dementia or the elderly person’s frailty. Often caregivers may explain them away as nothing more than “signs of getting old”. Some of the signs, in fact, might overlap with mental deterioration. That doesn’t mean that you should dismiss them because the caregiver says so. While one sign may not signal abuse, watch for a number of signs. Here are some general warning signals to look out for if you suspect elderly abuse:
- Frequent arguments between the caregiver and the elderly person
- Drug overdose emergency or apparent failure to take medication regularly (a prescription has more remaining than it should)
- Unexplained bruises, pressure marks, broken bones, abrasions, or burns
- Broken eyeglasses or frames
- Unexplained withdrawal from normal activities, a sudden change in alertness, unusual depression.
- Sudden changes in financial situation
- Bedsores, unattended medical needs, poor hygiene, and unusual weight loss
- Behavior on the part of the caretaker such as belittling, threats, and other uses of power and control
- Caregiver’s refusal to allow you to see elderly person alone
- Behavior from the elder that mimics dementia, such as rocking, sucking, or mumbling to oneself
- Unsuitable clothing or covering for the weather
- Unsafe living conditions (no heat or running water; faulty electrical wiring, other fire hazards)
- Desertion of the elder at a public place
- Significant withdrawals from the elder’s bank or investment accounts
- Items or cash missing from the senior’s household
- Suspicious changes in wills, power of attorney, titles, and policies
- Financial activity the senior couldn’t have done, such as an ATM withdrawal when the account holder is bedridden
- Evidence of overmedication
- Inadequate responses from caregiver to questions about care
The most important thing is to be alert. The elder’s suffering is often in silence. If you notice changes in personality or behavior, you should start to question what is going on.
What to Do If You Suspect Abuse
If you suspect elder abuse at home and you have reason to believe the elder is in imminent danger, call the police immediately. If you are not aware of immediate danger, but you suspect the older adult is being abused, virtually every state has an Adult Protective Services Agency as a component of their human or social services department.
If the abuse is occurring in a licensed long-term care facility, such as a nursing home or assisted living facility, call your state’s Attorney General’s office or a nursing home abuse attorney. Often states also have an ombudsman available for long-term care listed in your phone book in the state government listings.
The National Center on Elder Abuse maintains a list of phone numbers by state that you can call for assistance if you suspect either domestic or institutional abuse.
A Citizen’s Guide to Preventing and Reporting Elder Abuse is a free publication available in California by writing to Crime and Violence Prevention Center, 1300 I Street, Suite 1150, Sacramento, CA 95814 or going online. The information may be helpful even if you live outside of California.
Case Studies: Insurance Strategies for Combating Elder Abuse
Case Study 1: Long-Term Care Insurance for Elder Abuse Victims, CareGuard Insurance
CareGuard Insurance offers specialized Long-Term Care Insurance policies tailored to support victims of elder abuse. In a case study, an elderly individual who had experienced physical abuse and neglect by a caregiver sought assistance in recovering and rebuilding their life. CareGuard Insurance provided a Long-Term Care Insurance policy that covered a range of services, including rehabilitation, therapy, home healthcare, and assisted living.
The policy enabled the individual to access the necessary care and support to recover from the abuse and regain their independence. CareGuard Insurance also offered resources for legal support and counseling to assist in addressing the emotional and psychological impact of the abuse.
Case Study 2: Elder Abuse Liability Insurance for Nursing Homes, SecureCare Insurance
SecureCare Insurance offers Elder Abuse Liability Insurance designed for nursing homes and long-term care facilities. In a case study, a nursing home faced allegations of elder abuse and neglect by a former resident and their family. The nursing home had taken measures to prevent abuse, but an isolated incident had occurred, resulting in legal action.
Fortunately, the nursing home had Elder Abuse Liability Insurance from SecureCare Insurance, which provided coverage for legal defense costs and potential settlements. The insurance allowed the nursing home to protect its reputation, handle the legal proceedings, and ensure that appropriate measures were taken to prevent future incidents of abuse.
Case Study 3: Financial Exploitation Insurance for Elderly Individuals, TrustShield Insurance
TrustShield Insurance offers Financial Exploitation Insurance designed to protect elderly individuals from financial abuse and exploitation. In a case study, an elderly person fell victim to a fraudulent investment scheme and lost a significant portion of their life savings.
TrustShield Insurance had provided the individual with a Financial Exploitation Insurance policy that included coverage for financial losses resulting from scams, identity theft, and undue influence.
The insurance company worked closely with the victim to investigate the incident and recover the stolen funds. The coverage provided financial compensation and resources for financial planning and counseling, ensuring the individual’s financial well-being and protection against future exploitation.
Find the right lawyer for your legal issue.
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Mary Martin
Published Legal Expert
Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...
Published Legal Expert
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.