Understanding Elder Abuse: An Overview of Elder Law - Brennan & Rogers

Elder abuse, affecting 10 percent of adults aged 65 and older annually, is a serious concern outlined in this Elder Law Q&A. Defined by the U.S. Department of Justice (DOJ), elder abuse occurs when caregivers or trusted individuals cause physical, mental, or financial harm to older adults through acts or omissions.

Types of Elder Abuse:

1. Financial Abuse:

   • About half of abused older adults experience financial abuse.
   • Involves the misusing or taking of an individual's assets by someone they trust.
   • Examples include exploiting power of attorney, manipulating individuals with dementia, or pressuring changes to wills.

2. Caregiver Neglect:

   • Neglect affects approximately half of abused elders.
   • Often underreported, caregiver neglect occurs when basic needs like bathing, dressing, and medication management are overlooked, causing physical and mental harm.

3. Mental Abuse:

   • Affects nearly half of elder abuse victims.
   • Nonphysical abuse, often co-occurring with other forms, includes emotional harm, insults, intimidation, and isolation.

4. Physical and Sexual Abuse:

   • While less prevalent, physical and sexual abuse can have severe consequences.
   • Physical abuse involves bodily harm, such as hitting or restraining, while sexual abuse entails forced engagement or observation of sexual acts.

Preventing Abuse:

1. Financial Abuse Prevention:

   • Utilize resources like the National Elder Fraud Hotline provided by the DOJ for victims of financial fraud.
   • State long-term care ombudsman programs advocate for residents in care facilities, ensuring their rights are protected.
   • Explore state-funded programs, like the Victims of Crime Act Victim Assistance Program, aiding elder abuse victims.

2. Legal Rights and Advocacy:

   • Consult with an elder law Maine attorney to understand legal rightsand take action against abuse.
   • Attorneys can aid in identifying, stopping abuse, and advocating for financial compensation.

Conclusion: Understanding the types of elder abuse and taking preventive measures is crucial. If elder abuse is suspected, accessing the available resources and seeking legal advice can empower individuals to protect themselves or their loved ones from harm.