Elder abuse has become a very serious and underreported problem in our society that involves the helpless individuals in our society. As the expectancy at birth keeps increasing, there is also a need to guard against mistreatment, neglect, and exploitation of the older adults.
Knowing what is legally considered to be elder abuse is important to the family members, caregivers, and professionals who deal with seniors. Some types of elder abuse are identified by the law, with each having a specific legal implication and possible punishment.
Different Forms of Elder Abuse
Defining Elder Abuse
According to law, elder abuse is defined as any willful or unknowing deed by a caregiver or an individual, which leads to harm or a serious risk of harm on an older adult.
Even though the true definition may slightly differ depending on the jurisdiction, most state laws are aware that elderly abuse can take place at home, at assisted living, or nursing home- and that it can be committed by a family member, a caregiver, and even a stranger.
The law categorizes the abuse of the elderly into various types with their own criteria and examples that can be used to determine when the law should come in.
Physical Abuse
Physical abuse is the use of force resulting in pain, injury or impairment. This may involve hitting, slapping, pushing, restraining or poor use of medication.
Physical indicators, like bruises or burns of unknown causes, fractures, or burns, are usually indicative of this form of abuse. Physical abuse may result in criminal prosecution of assault or battery based on the intensity of damages.
Emotional Abuse
Emotional abuse refers to any form of verbal or nonverbal behavior that causes pain, terror, or suffering. This can include insults, humiliation, intimidation, isolation or threats.
Although it does not cause any physical damage, emotional abuse is also considered as harmful in the law. It is usually taken into consideration by the courts to resolve a guardianship case, restraining order, or a civil case against a caregiver or an institution.
Financial Exploitation
One of the most prevalent types of abusing the elderly is financial exploitation. It is precipitated when one uses the money, property or assets of an elder illegally or unprofessionally.
They can include the forging of signatures, the threat to alter wills or deeds, the misuse of power of attorney or the theft of property. Such abuse is legally punishable by both civil and criminal charges such as restitution and incarceration.
Neglect
Neglect occurs when the caregivers do not attend to the fundamental requirements of the elder, including feeding, housing, medical care, or personal cleanliness. The negligence may be deliberate or careless. Neglect is considered as a type of abuse before the law, especially when it causes injury or even death. The caregivers and facilities can be sued, lose their licenses, or be prosecuted.
Sexual Abuse
Sexual abuse is the case of any sexual contact without consent with an adult person. This incorporates the acts committed on the persons who cannot provide consent because of cognitive impairment or disability. In legal terminology, sexual abuse is considered a serious felony and may attract severe jail terms, life registration as a sex offender and civil damages.
Abandonment
Abandonment happens when a caregiver abandons an elderly person that has to be taken care of. An example of this is leaving behind a vulnerable elder in a hospital, a social place or leaving him or her alone in the home without assistance, which could amount to abandonment. In most jurisdictions, this is a crime particularly where the health or safety of the elderly is at risk.
Consequences of Elder Abuse
The consequences of elder abuse go well beyond the direct physical injuries. It can lead to depression, anxiety, and loss of trust in the victims, and the relationships within the family might decline. In law, the offenders can be prosecuted in civil actions, criminal charges, fined and imprisoned. There is also the possibility of revocation of the license, imposition of huge fines and damage to reputation by care facilities or professional caregivers.
On the social front, the elder abuse would raise the costs of health services, put pressure on the available resources, and destroy trust in the institutions of care. The psychological impact of families may be permanent, and therefore prevention and early intervention is essential.
Protecting Our Seniors
In case you suspect the elder is being abused, then it is important to take action. Refer to the Adult Protective Services (APS), police or an elder law lawyer familiar with the process of reporting and may assist in protecting the rights of your loved one.
Knowing the legal meaning of elder abuse helps the families to be aware of the warning signs to be able to pursue justice at an early stage. The fact that it is a legal obligation to protect our elders does not mean that it is not a moral obligation to ensure the dignity and safety of people who had taken care of us.
