The term “elder abuse” sometimes makes us think of a scam artist selling a bogus financial investment to older people.  Sometimes we see ads from the local District Attorney’s office showing bruised faces of an older person, and we are horrified.  What does the term really mean?

     The National Committee for the Prevention of Elder Abuse defines it as “any form of mistreatment that results in harm or loss to an older person”.  It is usually divided into the categories of physical abuse, sexual abuse, domestic violence, psychological abuse, financial abuse, and neglect/self-neglect.

        We focus on the categories of physical abuse and financial abuse for this article.  Physical abuse can occur in just about any setting.  Our seniors are the fastest growing part of our population, and in Marin County, California, they make up a disproportionately high number of our residents.  However, elder abuse is a problem across the country, in part because seniors are vulnerable.  Our families are often scattered across the state if not the country.  Adult children, who usually must assume responsibility for the elder person who loses the ability to care for him/herself independently might live far away.  They must rely on caregivers who are in facilities, or coming into the elder’s home.  Taking care of elders in declining health can be difficult, frustrating and can cause the caregivers to lose patience and take their frustrations out on the elder.  A large percentage of elder abuse comes from family members themselves.  Even abuse resulting in deaths have been reported, the most extreme and tragic consequence of the overwhelming burden of the care of an elder.  If the caregiver is a family member who feels trapped into this long term responsibility, especially when the financial strain of paying for the many needs of a dependent parent or relative causes stress, the unfortunate result may be that the elder becomes a victim of physical abuse.  Unqualified caregivers are another problem, as the work is physically demanding, the jobs hard to fill,  and the pay may be low compared with other occupations. California does not license caregivers, and there is no standard for training except for Certified Nurses’s Assistants, many of whom work in institutions.  Home caregivers may work a large part of the time unsupervised.

      Financial abuse is a different kind of problem.  There is opportunity, as elders may lose the ability to safely manage their own finances.  Most often, there is no clear line of demarcation between the point when someone can pay one’s own bills and handle money, and the point at which it is clear that the senior is no longer able to keep track of or manage finances.  The decline may be gradual.  Those in positions of trust, such as adult children, grandchildren, or unrelated caregivers can take advantage of the declining mental capacity of a vulnerable elder and prey upon their incapacity.  Greed is the common denominator in financial elder abuse, no matter who commits it.  The ruthless taking of finances from a person who does not realize that he/she is being “ripped off” is the manifestation of greed.  It is sad to witness, and sad to hear about.  Caretakers from faraway places may believe that they can get away with this form of theft, as they can return to another country and not get caught.  A family member with a drug problem can get grandma, who trusts him, let him go to the bank and withdraw money, using a credible explanation without any feeling of suspicion from grandma.  We  have seen family members persuade the elder to give them a “loan” of thousands of dollars, never intending to pay it back, or never able to do so.  When the elder eventually really needs the money, there is nothing, and the elder suffers. 

       What can the individual do when there is a suspicion of elder abuse or actual evidence of it?

Hitting, yelling, depriving the elder of assistance, threats of harm, and other forms of physical abuse must be dealt with immediately.  A person who is suspected of wrongly taking the elder’s money must also be dealt with immediately. Elder abuse is a crime both in its physical and financial forms.  All counties in California have some form of Adult Protective Services.  In our area, for example, the County of Marin Adult Social Services has a hotline for reporting suspected abuse of elders. (415 507-2774).  Any person who believes that an elder is being abused should call this agency immediately.  Other counties have similar services which should be utilized.  The District Attorney’s office does prosecute these abusers when sufficient evidence exists to get a conviction.  The criminal court can order the abuser to make restitution in the form of money, but the court itself does not give money in a criminal case.

       Those who are victims of abuse also have what is called a “civil remedy”, which is to file a lawsuit in court seeking a money judgment.  Often, it is the family member who is suspicious that abuse or neglect occurred in a nursing home, and who seeks legal advice.  The law which protects elders against financial abuse is the same as that which protects against physical abuse and neglect.  The law gives lawyers incentives to accept cases of elder abuse and neglect by providing for attorneys’ fees and other things which are generally not allowed in other kinds of civil cases.  Such cases can be lengthy and difficult, but it may be the only recourse available.

      When there is a suspicion of a developing potential abuse problem in your family, community or a place where your loved one is cared for, a resource does exist to address this kind of difficulty.  We use mediation to bring people together, to air the problem, and to help those involved with the elder to work out a solution.  For instance, if frustration by a caregiver has led to yelling, physical abuse could follow.  If the caregiver is an adult child, and the siblings or other relatives are aware of the potential abuse,g with a neutral professional may give everyone a chance to repair the problem before it gets out of hand.  Providing “respite” care at a local nursing home (short stay care to relieve the caregiver temporarily), more family participation or changing caregivers could mitigate the problem, as the family chooses. If the individuals involved are wills form of conflict resolution focuses on the problems of seniors and those who love them. It is useful for anyone involved in the management or care of elders to consider professional conflict resolution services as a kind of preventive care.  To learn more about Elder Mediation, visit www.medical-legalmediatons.com.

 Carolyn L. Rosenblatt, R. N.
 Attorney at Law

711 Mission Ave. San Rafael, CA 94901