How to Spot and Prevent Elder Abuse
No one wants to believe it could happen to themselves or a loved one, but elder abuse is actually more common than many people think. It is important to be able to detect when someone may be a victim of elder abuse so that you can take the appropriate steps to protect that person and prevent further abuse. So what is elder abuse, how can it be spotted, and what can be done to prevent it?
There are many types of elder abuse, each with different signs and effects upon the victim:
Physical abuse. Physical abuse is perhaps the easiest type of abuse to detect. If your loved one has unexplained bruises, broken bones, and frequent hospitalizations related to these injuries, it is very possible that they are being physically abused.
Sexual abuse. Physical signs are common with sexual abuse, but there can be other signs of this type of abuse. Someone who is being sexually abused might begin suffering from depression or anxiety very suddenly. They may even display sexually inappropriate behavior that they did not previously display. If your loved one is suddenly very scared of a particular person or reluctant to be around them, that is a good sign that some type of abuse has happened recently.
Emotional abuse. Emotional abuse can be very difficult to spot. If your loved one is suddenly withdrawn or has changes in personality, they may be a victim of abuse. They may be reluctant to speak to their abuser. If you notice a caregiver making degrading statements, being verbally aggressive to your loved one, and causing them to be in embarrassing or difficult situations (such as putting their walker out of reach or hiding their glasses), you should be on alert for potential emotional abuse.
Financial exploitation. Financial exploitation can be easy to spot if you have access to your loved one’s accounts. Unfortunately, the abuser is almost always the person who has been trusted to assist the elderly person with their finances. If your loved one is suddenly making trips to the bank, changing beneficiaries on their accounts, giving away funds, and experiencing drastic changes in their financial circumstances, you should be on the lookout for financial abuse.
Neglect or abandonment. Sadly, older individuals often suffer from neglect or abandonment from caregivers or family. If your loved one has physical symptoms such as malnourishment and bedsores, their physical needs might not be met. They could be left alone for long periods of the day, causing them to be emotionally withdrawn. Unfortunately, seniors who are not receiving the proper services can also engage in self-neglect if they are unable to care for themselves while living alone.
So what can be done to stop or prevent these types of abuse?
Be your loved one’s advocate. If you are a caregiver for an older individual, it is important for you to understand that you are your loved one’s number one advocate. They are depending on you to watch out for them and make sure they are not suffering from any form of abuse. If you cannot regularly visit your loved one in person, you need to enlist the help of other family members, friends, or even paid aides who can visit them at the facility or in their home to make sure there is no abuse happening.
Make sure the proper documents are in place. If your loved one is still able to sign legal documents, it is important to review estate planning documents and make sure they have the proper documents in place. Everyone needs a good financial power of attorney and healthcare power of attorney, along with an advance medical directive. If these documents are not in place or need to be changed, it is important to meet with an elder law attorney to make those changes if it is still possible. If your loved one does not have these documents in place and no longer has the capacity to sign documents, then you may need to have an elder law attorney assist you with obtaining a guardianship or conservatorship over that person so you have the legal authority to manage their affairs.
Contact the appropriate authorities. If you suspect that someone is abusing your loved one and you do not have the legal authority to remove them from that situation, you may need to contact the appropriate authorities to get help. Each locality has an Adult Protective Services (APS) division. Anyone can make an anonymous report to APS if they have concerns about elder abuse, and APS will investigate this report and take any action they deem necessary. Additionally, if there is an emergency situation and your loved one is in immediate danger, you should always contact the local police department.
Elder abuse is an unfortunate reality, but by recognizing the signs of abuse and making sure the proper procedures are in place, a great deal of elder abuse can be prevented.
Emily A. Martin
757-399-7506 | 252-722-2890
emartin@hooklaw.net
Emily A. Martin is a Shareholder of Hook Law practicing in the areas of elder law, estate and trust administration, estate planning, asset protection planning, litigation and dispute resolution, guardianship and conservatorship, long-term care planning, special needs planning and financial planning. To date, Ms. Martin has overseen over 100 guardianship and conservatorship matters. In addition to being admitted to the Virginia State Bar and North Carolina State Bar, she is licensed to practice before the Department of Veterans Affairs. Ms. Martin is a member of the National Academy of Elder Law Attorneys and Virginia Academy of Elder Law Attorneys. She is a graduate of the University of Mary Washington and Regent University School of Law. Prior to joining the firm in 2018, Emily worked as an estate planning and elder law attorney in Virginia Beach for several years.
Practice Areas
- Elder Law
- Estate & Trust Administration
- Estate Planning
- Asset Protection Planning
- Guardianship & Conservatorship
- Long-Term Care Planning
- Special Needs Planning
- Financial Planning