Elder Abuse Prevention

 

Elder Abuse is a growing problem. Unfortunately, seniors have become the favored target of unscrupulous persons who see their vulnerability as a means to a profit.   Sadly, much of the abuse and exploitation is perpetrated by the people who are most trusted by the victims – like their spouses, children, grandchildren, caregivers, or financial or other advisors.  As a result, thousands of elder abuse cases go unreported or ignored each year.

Types of Elder Abuse & How To Recognize Them

While there are many forms of elder abuse, the typical types of abuse experienced include: 

Financial exploitation is defined as the illegal or improper use of an elder's funds, property, or assets. Michigan defines financial "exploitation" as "an action that involves the misuse of an adult's funds, property, or personal dignity by another person."

Examples of financial exploitation include, but are not limited to:

• cashing an elderly person's checks without authorization or permission;
• forging an elder's signature; misusing or stealing an older person's money or possessions;
• coercing or deceiving an older person into signing any document (e.g., deed, contract or will);
• the improper use of conservatorship, guardianship, or power of attorney, and
• a senior being advised to invest in financial products inappropriate for a senior (i.e. - annuities with lengthy surrender periods). 

Signs of financial exploitation include, but are not limited to:

• sudden changes in bank account or banking practice, including an unexplained withdrawal of large sums of money by a person accompanying the elder;
• the inclusion of additional names on an elder's bank signature card;
• unauthorized withdrawal of the elder's funds using the elder's ATM card;
• abrupt changes in a will or other financial documents;
• unexplained disappearance of funds or valuable possessions;
• substandard care being provided or bills unpaid despite the availability of adequate financial resources;
• discovery of an elder's signature being forged for financial transactions or for the titles of his/her possessions;
• sudden appearance of previously uninvolved relatives claiming their rights to an elder's affairs and possessions;
• unexplained sudden transfer of assets to a family member or someone outside the family; and
• elder's money placed in investments inappropriate for their age, life expectancy, etc. at direction of trusted advisor.

Physical abuse is defined as the use of physical force that may result in bodily injury, physical pain, or impairment.  Michigan law defines "abuse" to mean "harm or threatened harm to an adult's health or welfare caused by another person. Abuse includes, but is not limited to, non-accidental physical or mental injury, sexual abuse, or maltreatment."  In addition, inappropriate use of drugs and physical restraints, force-feeding, and physical punishment of any kind can also be considered physical abuse. 

Signs of physical abuse include but are not limited to:

• bruises, black eyes, welts, lacerations, and rope marks;
• bone fractures, broken bones, and skull fractures;
• open wounds, cuts, punctures, untreated injuries in various stages of healing;
• sprains, dislocations, and internal injuries/bleeding;
• broken eyeglasses/frames, physical signs of being subjected to punishment, and signs of being restrained;
• laboratory findings of medication overdose or under utilization of prescribed drugs;
• an elder's report of being hit, slapped, kicked, or mistreated;
• an elder's sudden change in behavior; and
• the caregiver's refusal to allow visitors to see an elder alone.

Neglect is defined as the refusal or failure to fulfill any part of a person's obligations or duties to an elder. Neglect may also include failure of a person who has fiduciary responsibilities to provide care for an elder (e.g., pay for necessary home care services) or the failure on the part of an in-home service provider to provide necessary care.

Seniors can also suffer neglect at their own hands, which is referred to as Self-neglect, which is characterized as the behavior of an elderly person that threatens his/her own health or safety. Self-neglect generally manifests itself in an older person as a refusal or failure to provide himself/herself with adequate food, water, clothing, shelter, personal hygiene, medication (when indicated), and safety precautions.

Michigan defines "neglect" as "harm to an adult's health or welfare caused by the inability of the adult to respond to a harmful situation or by the conduct of a person who assumes responsibility for a significant aspect of the adult's health or welfare. Neglect includes the failure to provide adequate food, clothing, shelter, or medical care."

Signs of neglect and self-neglect include, but are not limited to:

• dehydration, malnutrition, untreated or improperly attended medical conditions, and poor personal hygiene;
• unattended or untreated health problems;
• hazardous or unsafe living condition/arrangements (e.g., improper wiring, no heat, or no running water);
• unsanitary and unclean living conditions (e.g. dirt, fleas, lice on person, soiled bedding, fecal/urine smell, inadequate clothing);
• inappropriate and/or inadequate clothing, lack of the necessary medical aids (e.g., eyeglasses, hearing aids, dentures);
• grossly inadequate housing or homelessness; and
• an elder's report of being mistreated.

Elder Shield™Program 

EPS is committed to helping prevent these types of abuse and providing relief to victims of such abuse.  As part of our Elder Abuse Prevention practice, EPS has developed the Elder Shield™ program, which is designed to assist seniors and their families identify areas of vulnerability, implement safeguards, and provide an alert system to warn our elderly clients and family of the latest "scams" to be avoided, in order to help prevent such harms from ever occurring. 

This comprehensive plan includes:

• A complete assessment to identify the person's medical, physical, and support  needs and a Care Plan to address those needs
• Recommendations regarding legal safeguards and protections including estate planning documents, guardianships, conservatorships, etc.
• Financial and credit safeguard recommendations and assistance with implementing them
• Recommendations regarding public benefits to help defray or pay for care costs
• Assessment of state and federal protection agencies and resources available
• Membership in our Fraud Alert program, which includes monthly alerts and quarterly newsletters which warn our elderly clients and their family of the latest "scams" to be avoided

For seniors who are already victims of elder abuse and/or exploitation, EPS has an aggressive Elder Rights Advocacy practice.