Elder abuse is on the rise. Whether because of the economic downturn, or the fact that our population is aging, elder service agencies throughout the region are experiencing an increase in reports to their protective services departments. Unfortunately, the State of California has also seen an increase in reports affecting elders in California and the rest of the United States.
Elder abuse takes many forms, from physical or sexual abuse, to financial exploitation, emotional abuse, abandonment of care-taking responsibilities, or just benign neglect, such as an inability of a caretaker to recognize what is needed to keep the person safe or healthy. But, it often leaves very fragile people in unsafe situations if no one acts.
When people are more aware of the warning signs of abuse, they are more prepared to act. As with younger victims of abuse, some of the signs are bruises, burns, change in demeanor or alertness, unusual depression, bedsores or other hygiene problems, weight loss, tense conversations or frequent arguments with loved ones or caretakers, or changes in a person’s financial condition.
Unfortunately, many people are reluctant to report suspected elder abuse or neglect (including self-neglect), fearing that the person will know it was them who made the report. Yet, all of the agencies that provide protective service investigations are very careful to maintain the reporter’s confidentiality.
There are actually some folks who must report suspected abuse or neglect of an elder. The Protective Services program are state-funded, and California law mandates that doctors, nurses, social workers, police, firefighters and other emergency responders, elder outreach workers, directors of home health agencies, and certain other workers report elder abuse. If any of these mandated reporters knows of elder abuse and doesn’t report it, that person can be fined and possibly held criminally responsible.
A mandated reporter must report the abuse right away, and must file a written report within 48 hours. Whether mandated or not, potential reporters are encouraged to call Adult Protective Services for a consultation if they are unsure whether an elder’s situation that they have encountered is something that should be looked into further.
Individuals who don’t fit into the mandated reporter category are also encouraged to report situations that don’t “appear quite right” if they suspect elder abuse or neglect. Advocates say to “trust your gut.” If you feel something is wrong, something might really be wrong. After the report is filed, if it meets protective services criteria, the case is assigned to a specially trained social worker who will look into the matter. Again, the identity of the reporter is kept strictly confidential.
Many times, interventions and services offered by the Protective Services program, and subsequently by the Home Care program, have enabled elders living in the State of California to live much happier, safer, more independent lives. But, it’s also important to remember that as long as an elder is still capable of making their own decisions, they are fully at liberty to decide whether they want Adult Protective Services’ help or not.
The reluctance of an elder to accept the assistance or protection that is offered can be frustrating, but that should not deter anyone from trying to lend a helping hand to an person they believe is being mistreated or who is suffering from neglect or self neglect. Sometimes, over time, gaining a person’s trust does finally result in them receiving the help they need.
Contact Steven Peck’s Premier Legal www.premierlegal.org should you desire to talk to an attorney who specializes in Elder Abuse and Neglect toll free at 1-866-999-9085
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.