By Rose Mary Zapor, M.A., Esq.
Many
elderly people rely entirely on family or other trusted individuals to help
them. Whether it is for physical needs or emotional needs, as people grow older
they tend to need more and more help from others. This dependence on caregivers
or family members makes an older person more vulnerable for abuse.
For
example, an older person relying on her children to provide meals and
transportation and help her with financial decisions finds it difficult to
complain when one of her children takes advantage of her. If, for instance, the
child takes her money, hits her or neglects her care, the parent may be
threatened with loss of support from the child if the parent complains. The
child may also use threats of violence to keep the parent in line.
It
is estimated that 5% to 10% of elderly Americans are suffering abuse according
to the National Committee for the Prevention of Elder Abuse,
“Spiraling
rates of elder mistreatment are reported by both practitioners and researchers.
In a recent national study of Adult Protective Services (APS), typically the
agency of first report concerning elder abuse, there were 253,421 reports of
abuse of adults age 60+ or 832.6 reports for every 100,000 people over the age
of 60 (Teaster, Dugar, Otto, Mendiondo, Abner, & Cecil, 2006). The National
Elder Abuse Incidence Study (National Center on Elder Abuse, 1998) found that
more than 500,000 persons aged 60+ were victims of domestic abuse and that an
estimated 84% of incidents are not reported to authorities, denying victims the
protection and support they need.”
Much
attention has been focused on abuse in nursing homes but most of the elder
abuse in this country is at the hands of family members or other caregivers in
the home.
The protective needs identified were as follows:
- self-neglect
31%
- physical
abuse 16%
- exploitation
19%
- caretaker
neglect 12%
- emotional
abuse 19%
- sexual
abuse 3%
There
are a number of reasons why incidents of abuse, neglect, or exploitation are
not reported to Adult Protective Services or other authorities. One of the most
common reasons is the victim's fear of losing support. Many of the perpetrators
are family members and the victim fears that reporting the crime will result in
removal of the caregiver, as the perpetrator may face incarceration or may
discontinue relations with the victim once accused, charged, or convicted. Many
of these victims fear that by reporting abuse they will be left alone and
expected to care for themselves or they will be forced to live in a nursing
home.
Although
many states have implemented mandatory reporting laws to assist in the
prevention of abuse, neglect or exploitation of vulnerable adults,
The
following is a list of indicators of abuse, neglect or exploitation. It is
important to note that the following lists are merely indicators and may not
always be violations.
Signs of Abuse:
- Unexplained bruises, welts, fractures, abrasions or
lacerations
- Multiple
bruises in various stages of healing
- Multiple/repeat
injuries
- Low
self-esteem or loss of self determination
- Withdrawn,
passive
- Fearful
- Depressed,
hopeless
- Soiled
linen or clothing
- Social
Isolation
Signs of Neglect/Self-Neglect:
- Dehydration
- Malnourishment
- Inappropriate
or soiled clothing
- Odorous
- Over/under
medicated
- Deserted,
abandoned or unattended
- Lack
of medical necessities or assistive devices
- Unclean
environment
- Social
Isolation
Signs of Exploitation:
- Missing/"disappearing" property
- Inadequate
living environment
- Frequent/recent
property title changes or will changes
- Excessive
home repair bills
- Forced
to sign over control of finances
- No/limited
money for food, clothes and other amenities
Prevention
can only occur if there is awareness, the statutes are adhered to, and any
suspicions of abuse, neglect or exploitation of vulnerable adults are
immediately reported to Adult Protective Services and/or law enforcement.
All
states have agencies that receive complaints of abuse. In some states failure
to report abuse of the elderly is a crime. To contact an abuse complaint
department, call your local area agency on aging. If you need the phone number,
call me – Rose Mary Zapor, Esq., - 303-866-0990.
Rose Mary Zapor is a lawyer who limits her practice to the
needs of the elderly and disabled. Her
office handles Wills, Trusts, Probate, Guardianship, Medicaid and Social Security
matters in Lakewood, Colorado.
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