A wheelchair-bound woman suffers in silence at the hands of an abusive caregiver. A lone widower falls victim to a predatory lending scam and loses his home. An ailing mother lies helpless in her bedroom while her son spends her life savings.

As many as one in seven senior citizens nationwide falls victim to some type of elder abuse–usually at the hands of a family member. The abuse can be financial, physical or psychological. And the consequences can be deadly. Statistics suggest that abused and exploited seniors die sooner than other seniors their age. But in spite of such devastating consequences, most elder abuse goes unreported.

If you have been abused, you may be afraid of what might happen if you tell someone. Or, maybe you suspect that an elderly neighbor or friend is being abused, but you do not know where to turn for assistance. Help is just a phone call away. No one has the right to hurt you–or your neighbor or friend–physically, emotionally or financially.  

1. What is elder abuse?

It is the neglect, exploitation or “painful or harmful” mistreatment of anyone who is 65 or older (or any disabled dependent adult aged 18 to 64). It can involve physical violence, psychological abuse, isolation, abandonment, abduction, false imprisonment or a caregiver’s neglect. It could also involve the unlawful taking of a senior’s money or property.
In short, elder abuse involves various crimes, such as theft, assault or identity theft, that strike victims of all ages. But when the victim is 65 years old or older (or a disabled dependent adult), the criminal faces stiffer penalties.

2. What should I do if I am being abused or if I suspect someone else is being abused?

If the abuse, neglect or exploitation is taking place in a private home, call the Adult Protective Services (APS). Check your county phone listings for a local APS office. Or, for a referral, you could call 1-800-510-2020. (In addition, many counties have specialized teams that deal with financial elder abuse; ask the APS worker if such a team exists in your area.)

If the abuse is occurring in a licensed long-term care facility, such as a nursing home, call the local long-term care ombudsman. (To locate an ombudsman, call 1-800-231-4024.) Your report will be confidential, and you can remain anonymous.

Or, to report elder abuse of any kind, you can simply call the California Attorney General’s Elder and Dependent Adult Abuse Reporting Hotline at 1-888-436-3600 or attorney Steven C. Peck a specialist in elder abuse, at 1-866-999-9085.

3. What are some examples of elder abuse?

• Your caregiver or a “new friend” persuades you to sign a power of attorney so she can handle your affairs for you–only to sell your home and steal the cash.
• Neglected and hungry, you lie stranded in your bedroom while your live-in son empties your bank accounts.
• A home repairman persuades you to pay cash on the spot for a “great” home improvement deal-then never does any work.
• You forget to take your medication and a nursing home staff member slaps you in the face.
• You pay “fees” to claim a “free vacation” or winnings from an international lottery–only to deplete your savings and get nothing in return.

4. Am I required to report suspected elder abuse?

Yes, if you are responsible, with or without pay, for taking care of an elder or dependent adult. Others, too, must report suspected elder abuse: administrators, supervisors and licensed staff of facilities providing care and services to the elderly; APS employees; health practitioners (such as physicians); police officers; clergy members; and elder or dependent adult care custodians. Care custodians include, for example, home health agency administrators and staff, and fire department members.

If a mandated reporter fails to report known or suspected abuse, he or she could face criminal charges.

And beginning Jan. 1, 2007, employees of financial institutions will be required to report known or suspected financial abuse of elders as well–or they could face civil penalties.

5. Is there anyone who will check on my elderly father’s well-being for me?

Yes. If you are worried about a parent or other elderly person who lives in a different community, contact the police or sheriff’s department in his or her area and request a well-being or welfare check.

Any questions call Steven Peck’s Premier Legal. at 1-866-999-9085 and have a strong determined attorney help you with your elder law legal issues.

Adam Peck, ESQ

About the Author

Adam J. Peck, ESQ is a principal with Peck Law Group, APC. In 2008, Mr. Adam Peck received his Juris Doctorate from Whittier Law School where he graduated Cum Laude. His practice is primarily dedicated to representing Elders, Dependent Adults, along with their loved ones and family members, who have suffered horrific personal injuries.