Recognizing Signs of Elder Abuse

Posted October 6, 2009 in Criminal by Jennifer King
 Comments

After breaking her hip, my grandmother spent a month in the hospital followed by a couple of months in the medical unit of an assisted-living facility while she underwent physical therapy and regained strength in her legs. When she checked into the assisted-living facility, my family knew that–in all likelihood–her stay was just temporary. But other patients were permanent residents, because their families were unable or unwilling to care for them in their own homes.

I spent enough time at the assisted-living facility to see how well the staff treated its patients. I watched one resident, who must have had some type of memory problem, repeatedly go to the nursing station and ask the same question over and over again. This behavior might have frustrated some people, but the nursing staff patiently answered her question again, regardless of how many times they’d already answered it for her.

Before spending time with my grandmother, I imagined that assisted-living facilities might be sad, depressing places. (And I’m sure that some are.) But I came to realize that good facilities may be a lifesaver to some families that don’t have the time, energy or patience to deal with a family member who has serious medical needs.

Even the most patient person may feel frustrated or angry when dealing with someone who has a diminished mental capacity or physical ailments. We’ve all been put in situations where we’ve had to take a step back in order to control our emotions and keep our temper in check. Unfortunately, domestic abuse occurs when caretakers are unable to manage their own emotions, and take their anger or frustration out on the very people who depend on them for support, or when a caretaker willfully exploits or neglects a person under their care.

October is Domestic Violence Awareness Month, and elder abuse is one common form of domestic violence. Although statistics are hard to come by, the National Center on Elder Abuse reports that:

  • As many as 2 million Americans age 65 and older have been exploited, neglected, abused or injured by someone they relied on for care and protection
  • Only about one in 14 cases of elder abuse ever come to the attention of authorities

Definition of Elder Abuse

All 50 states have laws that address the problem of elder abuse and neglect, but the laws are not uniform. Each state law specifically defines elder abuse. Typically, state law definitions include:

  • Physical abuse
  • Active or passive neglect
  • Deprivation of care that results in physical harm or pain and/or mental suffering

Many states include financial exploitation of the elderly in their definitions of elder abuse. Sexual abuse, which involves any form of nonconsensual sexual touching, may also be specifically addressed. Some states even include self-neglect by elderly individuals in the definition of elder abuse.

Classification of Abuse as Criminal or Civil

There is a growing trend to treat elder abuse as a criminal offense with enhanced penalties and sentences. Elder abuse statutes provide a range of criminal punishments from misdemeanor to felony, fines, and/or jail time. A few states have even included the elderly in their "hate crime" statutes.

Some state laws also create special penalties–such as double or treble damages–for those who defraud elderly consumers. In some states, minimum sentencing ranges may be set for criminals convicted of committing crimes against the elderly. There may be separate penalties for entities (such as nursing homes) and professional caregivers who abuse the elderly. In some states, nursing homes and other institutional caregivers and their works are subject to penalties including loss of license, censure and fines.

If You Suspect Elder Abuse

There are several steps you can take if you suspect someone is committing elder abuse.

  • If the elderly person is in immediate danger, call 911 or contact local police officials in the area in which the elderly person lives.
  • You can also contact the state’s elder abuse hotline or the local protective-services agency that deals with elder abuse.
  • Contact the U.S. Administration on Aging’s national Eldercare Locator at 800-677-1116.

Related Links:

Discussion

Jennifer E. King