Elder Abuse Is the Mistreatment Or Neglect of an Elder or Dependent Adult

Written by Adam Peck Category: Elder Law January 26th, 2013 3 min read

Elder Abuse in the State of California can be defined as mistreatment or the neglect of an elder (aged 65 years or older, or dependent adult (between the ages of 18 and 64 with physical or mental limitations) living either within a home or an institution.

Common types of abuse are physical abuse (causing pain or injury), psychological (causing mental anguish), sexual (assault or rape), financial (using property or money without consent), abandonment, neglect (lack of reasonable care), abduction (taking the elder out of the state without consent), isolation (purposely preventing communication and contact) and self-neglect (an elder refusing to care for himself or herself to the point of harm).
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I was encouraged when I read recently that in February 2001, Senate Bill 333, Chapter 301, authorized all counties in the state of California to establish elder death review According to statistics from 2000, the U.S. Census Bureau estimated that there were more than 34 million adults age 65 and older living in the United States. Of that, an estimated 3.5 million older adults live in California. (And that was 10 years ago.)

It follows that as the population of older adults continues to grow, so does the problem of elder abuse and neglect says California Elder Abuse Attorney Steven C. Peck.

Elder abuse is one of the fastest growing crimes in the United States. Over two million older Americans are the victims of abuse or neglect every year. The problem is compounded by the concern that elder abuse is grossly underreported. It is estimated that for each reported case of elder abuse as many as five other cases are not reported. Cases of elder abuse resulting in death are also under-recognized and underreported.

Think about this: By the time these cases are brought to light and the victims come to testify in court proceedings on their own behalf, they are often confused, mentally or physically impaired, or incompetent and therefore less able to understand, let alone report, any criminal conduct.

The death of an older person is such a natural occurrence that it is altogether too easy to overlook, discount or rationalize away abuse as its root cause. With inquiry into the causality of suspicious deaths of older personas, there can be accountability and opportunity to prevent other such deaths.

Become aware of what’s going on around you. Is your neighbor, friend or family member, who may now require the services of others in order to remain in her home, suddenly showing signs of being uncomfortable with her caregiver? Is her caregiver keeping her isolated from her friends and family? Does she show any signs of abuse? Is she beginning to experience suspicious falls or injuries? Is she under a doctor’s care?

How about the caregiver? Is she competent, gentle or does she appear to be under the influence of alcohol or drugs? Does she have behavioral problems?

This story is all about becoming good reporters; observing the elderly around you; being alert and caring. It would be criminal, knowing the statistics that we now know, to sit idly by and do nothing. Please know that there is no identification of the person who reports a crime. Everything is completely confidential.

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Written by Adam Peck

Expertise: Personal Injury

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.