Legal Eaze #53 Elder Abuse

Elder abuse: When you suspect a loved one's mistreatment
(September 12, 2006)
By Maxine de Villefranche, Attorney at Law
Recognize the signs and symptoms of elder abuse and find out how you can help.
Perhaps you suspect your elderly neighbor isn't caring for herself the way she needs to, but you aren't certain. Or maybe you wonder about some bruises you've seen on your aging uncle. You can't get rid of the nagging feeling that something's not right. But is it elder abuse? What should you look for, and what can you do?
Take time to understand what constitutes elder abuse and what signs indicate that a loved one may not be getting the care he or she deserves. Knowing more about elder abuse and who to call for assistance can help you protect your loved ones.
What is elder abuse?
Elder abuse occurs when someone knowingly or unknowingly causes harm or a risk of harm to an older adult. It can take several forms, including:
1. Physical abuse. Physical abuse is the use of physical force, such as hitting, pushing, shaking or burning, with the intention of causing pain or injury.
2. Sexual abuse. Sexual abuse involves any nonconsensual sexual contact, such as inappropriate touching, rape or pornographic photographing.
3. Emotional abuse. Psychological or emotional abuse is the use of tactics, such as harassment, insults, intimidation or threats, which cause mental or emotional anguish or isolation.
4. Financial abuse. Financial abuse or material exploitation involves improperly using an older person's resources for the benefit of another person, for example, by stealing, trickery or inappropriate use of government checks. Inappropriate use of financial power of attorney is another common example.
5. Neglect. Neglect occurs when a caregiver refuses or fails to provide the level of care necessary to avoid physical or mental harm. Examples include inadequate attention to food, water, shelter and personal hygiene.
The abuser is typically a family member, spouse or caregiver. In institutions, such as nursing homes or group homes, professional caregivers may be abusers.
People age 80 and older, especially women, are at a greater risk of experiencing elder abuse. Older adults who are dependent on others for basic care are particularly vulnerable.
Older adults can hurt themselves, too
One of the most common types of elder abuse occurs when older adults unintentionally jeopardize their own safety. Self-neglect can happen if an older adult deprives him- or herself of necessities such as food, water or medication. If the older adult is mentally competent, yet consciously makes decisions that put him- or herself in harm's way, it may be a case of self-neglect. Self-neglect often occurs in older adults who have declining health, who are isolated or depressed, or who abuse drugs or alcohol.
Signs that an older adult is neglecting him- or herself include:
1. Neglecting personal hygiene
2. Wearing soiled or ragged clothes
3. Lacking food or basic utilities
4. Refusing to take medications
Contact resources in your area if you know any older adults who may be neglecting their own needs and putting themselves in danger. Contact your loved one's doctor to report your concerns. Often, helping older adults who neglect themselves involves treating underlying conditions, such as depression, or putting older adults in touch with resources designed to help them get groceries or help them with housework. It's usually possible for the older adult to remain at home, while at the same time improving his or her safety. In some cases a guardian might be appointed to care for the older person.
What should you look for?
If you're concerned an older adult might be abused, knowing the signs and symptoms of abuse can help you determine if a problem exists. These signs and symptoms may include:
1. Physical injury. Examples of questionable injuries include bruises, cuts, burn or rope marks, and broken bones or sprains that can't be explained. Other signs of potential problems include sudden changes in behavior, comments about being battered or the refusal of the caregiver to allow you to visit the older person alone.
2. Lack of physical care. Indications of substandard physical care include dehydration, malnourishment, weight loss and poor hygiene. Bed sores, soiled bedding, unmet medical needs and comments about being mistreated also may indicate a problem. Lack of physical care can happen to older adults living in their homes, as well as those in institutional care, such as a nursing home.
3. Unusual behaviors. Changes in an older person's behavior or emotional state may suggest a problem. Examples include agitation, withdrawal, fear or anxiety, apathy, or reports of being treated improperly.
4. Unaccounted for financial changes. Potential problematic financial changes include missing money or valuables, unexplained financial transactions, unpaid bills despite available funds and sudden transfer of assets, as well as comments about being exploited. Another sign may be older adults who are controlling their finances but don't allow relatives to see their records.
What can you do?
Talking with the suspected abuser about the problem isn't likely to help. Though you might be afraid to get involved or be unsure of who to contact, it's important for you to speak up about suspected elder abuse. Officials and agencies that address this problem do exist. The problem can't be remedied until it's reported.
In domestic situations, as with any form of domestic abuse, call the police if a person is in imminent danger. If you're not aware of immediate danger, but you suspect abuse, check with welfare and social service agencies. Most cities and counties, according to state law, will investigate and protect vulnerable adults from elder abuse through these agencies.
The Adult Protective Services agency — a component of human service agencies in most states — is typically responsible for investigating reports of domestic elder abuse and providing families with help and guidance. Other professionals who may be able to help include doctors or nurses, police officers, lawyers and social workers.
If you suspect elder abuse in an institutional setting, such as a nursing home, report concerns to your state long term care ombudsman. Each state has a long term care ombudsman to investigate and address nursing home complaints.

Legal Eaze #24 medicated son/ bankruptcy

Title: June 15, 2005

Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She operates her law practice from her new office in town, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com.

Q. Our son resides with us. He is 22 years old and he suffers from schizophrenia. He has refused to take his medication on numerous occasions which is causing him to become aggressive, loud and obnoxious. He is a pretty big guy and my wife is sometimes fearful of him when she is alone with him in the house. He has never harmed her but sometimes I feel like it is only a matter of time before he does. I go to work every day and am away from our home from 7 a.m. through 7 p.m. five days a week. I don’t want my wife to feel like I am abandoning her and I don’t want her to be hurt by our son. What should we do?
A. You son need to be committed to a mental institution. What are you waiting for to do so? Are you waiting for your wife to be injured by your son? If your son refuses to take his medication, and that is the only thing that keeps him from acting out, then he is “an accident” waiting to happen. Until he realizes that taking his medication is what will keep him out of the hospital, he needs to be kept under control at all times. The medical staff at a hospital or a mental institution has the know-how to control a schizophrenic. You may also need to file a Petition for Conservatorship with the court in order to have the right to make medical decisions for your son. You may also need to manage his financial affairs, if he has any to manage, and becoming his conservator will give you that power.
Q. My credit card bills have become unmanageable. I am only working part-time now and I cannot keep a roof over my head and feed my family while continuing to pay for all our credit cards. My wife is eight months pregnant and cannot work anymore until she gives birth to our third child. What should I do?
A. File for bankruptcy, if you not done so already. I would advise you to hurry because the new bankruptcy laws will take effect in October 2005. Soon, it will be far more difficult for credit card debt to be discharged. In fact, many will be forced to file a Chapter 13, which entails repaying debt over time. Financial management classes will also be mandatory. The new bankruptcy laws will be disastrous for people who reached financial bottom through illness. Unfortunately, Congress members listed too closely to the credit card industry’s complaints. One can only expect that debtor’s prison will be reinstated next.