Abuse of the elderly may still be a quiet epidemic, but unfortunately, it is on the rise. Every year, millions of seniors across the U.S. are abused in some way — whether it’s neglect, physical, sexual, or financial abuse.
The sad reality is that only a fraction of elderly victims report instances of abuse, so it’s very difficult to pin down exact numbers and determine how widespread the issue really is.
This is why it’s so important to know the types of abuse many seniors could face, as well as the elder abuse laws that protect them. Learn more in this blog.
Protect Your Loved Ones: Federal Elder Abuse Laws
There are numerous elder abuse laws that protect the rights of seniors. But for the sake of this article, let’s look at some of the most comprehensive and important laws worth knowing:
1. The Elder Justice Act
The purpose of this act is to assist with the funding of government-operated programs that aim to combat abuse of the elderly across America. These funds contribute towards investigative operations focused on prosecuting those who are guilty of elderly abuse.
2. The Older American Act
This is federal legislation that includes a number of bills that outline the standard-of-care for elderly facilities across America. This act also supports the National Long-Term Care Ombudsman Resource Center (NORC), and the Administration of Aging.
Not-to-mention the National Association of States United for Aging and Disabilities. All of the above entities aim to protect against elderly abuse in all its forms.
3. Elderly Advocate and Support Groups
Aside from these federal laws, a number of groups advocate for elderly rights and support throughout the U.S. This includes the Elder Justice Coalition, The Administration on Aging, and the American Bar Association’s Commission on Law and Aging.
For more on elderly abuse protection and how to claim compensation for personal injury, visit OnderLaw.
What Does Elder Abuse Look Like?
Elder abuse includes intentional or negligent acts carried out by a caregiver or any other person that causes harm, or serious risk of harm to a senior. Generally, these seniors are vulnerable, frail, and dependent on the care of others.
Elder abuse generally falls into these four categories:
1. Theft
Due to the fact that many seniors are vulnerable, frail, and sometimes immobile, theft is very common. The elderly are prime targets for theft because of the above conditions, and their predictable daily routines.
Caregivers are also privy to personal information about the seniors they care for. This means they know all the safekeeping spots for valuables and cash. All forms of theft are illegal — there are no exceptions. It’s even worse when it’s from a vulnerable senior who often cannot defend their valuables due to physical, or mental restrictions.
To add to this, many caregiving relationships depend on trust as some elders cannot consent to things carried out on their behalf. This makes elder theft an issue of severe legality. Seniors who live in large elderly care centers are at particular risk because of the high volume of patient-to-staff ratio.
2. Assault
Out of the entire population in any country, children and the elderly always rank as the most vulnerable. This is why violence against either party is a severe criminal act. When it comes to assault of the elderly, this usually at the hands of caregivers or family members, acting as a caregiver.
The task and commitment of caregiving is a monumental responsibility. Caregiver frustration, fatigue, and burn out often lead to cases of assault crimes.
Criminal justice is enforced when a senior falls victim to any form of physical abuse. Generally, state laws tend to implement far more severe sentencing against elderly abusers because of their very vulnerable state.
Assault of the elderly falls into two categories: physical and sexual abuse. Taking advantage of a person that is unable to defend themselves and fight back is seen as a very serious crime that holds severe consequences.
3. Neglect
Neglect may not seem like a criminal act, but it falls into the category of abuse for many reasons. While neglect may be more difficult to measure, it is one of the most frequently experienced forms of abuse against seniors.
Neglect may not be malicious, or even intentional, but it is viewed as a crime because it is the job of a caregiver to fulfill the needs of those they care for. This is especially important for seniors who are ill, frail, and immobile.
To add to this, most caregivers are paid for their services — this means it is a responsibility to provide an adequate standard of care. Unpaid caregivers, such as family members who look after elderly loved ones, are often more likely to neglect standards of care, too. The same goes for overcrowded, understaffed senior care facilities that just don’t have the means or manpower to fulfill their responsibilities.
Neglect comes in many shapes and forms. It’s something as simple as forgetting to bathe a senior, not helping them at mealtime, or leaving them to sit in soiled clothing for any stretch of time. Some forms of neglect are more subtle than others, but either way, neglect is punishable by law.
4. Financial Exploitation
Finally, many seniors are at risk of financial exploitation due to physical or mental restrictions. Additionally, many seniors do not have the technological knowledge to fight back against exploitation, let alone recognize it when it happens.
Financial exploitation is often revealed via digital paper trails, which most seniors just don’t have access to, or are completely unaware they have access to this information. A senior’s personal banking account, credit card, or pension fund may be taken advantage of by those closest to them — usually family members who stand in as caregivers.
One of the most damaging forms of financial exploitation is a caregiver that acts as a proxy for their financial decisions, without consent. Included in this is identity theft, where signatures are forged on checks, and other important documents.
All the above is considered illegal and is punishable by federal law.
Know Your Rights By Understanding the Law
Now that you know a little more about elder abuse laws and the levels of abuse to look out for, you can ensure your loved one is protected. If you suspect an elderly family member is being abused in some way, make sure to contact an attorney sooner rather than later.
Brush up on your own legal knowledge by exploring the rest of this site for more — specifically our lawyer section. When it comes to family protection, remember that knowledge is power!
