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Kimberly Overton
Tuesday, 14 June 2016 / Published in Law

Elder Abuse and Exploitation: Protecting Vulnerable Adults

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Editor’s Note: June 15th is World Elder Abuse Awareness Day.  Learn more here. 

With our ever growing aging population, crimes against older adults are increasing and becoming more widespread.  Since 2010, the senior population (65 and over) has increased 30% compared to an overall population growth of only 12%. The percentage of Americans in their older years is projected to climb nearly 20% by 2030.  This sharp increase in population, coupled with the vulnerable nature of this victim group, yields hundreds of thousands of older adults who are abused, neglected and exploited each year.  Many of these older victims are frail, cannot fully care for themselves and are forced to depend on others to often meet their basic needs.

Elder Abuse and Exploitation
Abusers of older adults are both men and women, family, friends and service providers.

Unfortunately, reports to Adult Protective Services (APS) and law enforcement of individuals who attack older adults physically, emotionally, sexually and financially are growing. Abusers of older adults are both men and women, family, friends and service providers.  They are often known and trusted by their victims and sometimes include adult children, grandchildren and other caregivers.  Those who exploit seniors often gain their trust and then steal their money, swindle their assets and leave them unable to pay their bills, buy their medicine and purchase the most basic provisions.

Is Elder Abuse and Exploitation a Crime?

While all 50 states have implemented some type of law to protect older adults and punish those who prey on them, those laws vary greatly throughout the United States.  The 1987 Amendments to the Older Americans Act provide federal definitions and guidelines but each state has modified those to address the specifics of their statutes and regulations.  Generally, they cover physical, emotional and sexual abuse; neglect, including self-neglect; and, exploitation.  Many states have enacted several laws that address abuse of the elderly and other states have increased penalties when the victim of crime is an older adult.

While in most states self-neglect is not a criminal offense, caregiver neglect can rise to that level. Self-neglect statistically ranks the highest among reports to APS, and tragically, self-neglect often leads to both injury and illness. Early intervention can often address the problem and connect the older adult with community resources to help.  The following behaviors may indicate self-neglect:

  • Hoarding of objects, especially if the safety of the individual or other household/community members is threatened
  • Failure to provide adequate food and nutrition
  • Dehydration
  • Failure to take essential medications
  • Refusal to seek medical treatment
  • Poor hygiene
  • Not wearing suitable clothing for the weather
  • Confusion
  • Inability to attend to housekeeping
Elder Abuse and Exploitation
Elder abuse, like many other crimes, is extremely complex.

Who is at risk?

Elder abuse, like many other crimes, is extremely complex.  While there is no exclusive list of factors that pinpoint potential victims, studies have ferreted out risk factors associated with elder abuse.  Generally, studies identify numerous factors that can be present alone or combine with each other.  These factors include the physical, social, economic and mental condition of the victim.

Older adults who live alone or are socially isolated fall prey to abusers.  However, older adults who live with a caregiver are also victims of elder abuse and exploitation because that caregiver often has exclusive interaction with and control of the older adult and their finances.  When an older adult lives with someone else, but is isolated from the larger community, their neighbors, church and even other family members, they are easier targets for elder abuse and exploitation. Dementia, other cognitive impairments and disabilities also place elders at a greater risk of abuse and neglect.

What can I do?

Research indicates that 1 in 10 elders in American are affected by elder abuse and exploitation. It can happen to someone you know and love.  Be aware of possible abuse.  One of the best ways to deter abuse, and to catch it early, is to communicate.  Stay in contact with your elderly family member, friends and neighbors.  Maintaining communication will decrease isolation, give you an opportunity to find out what is going on in their lives and give them an opportunity to share with you.

Elder Abuse and Exploitation
If you believe someone is in immediate danger, call 911 or the local police.

If you suspect abuse:  Report It. 

If you believe someone is in immediate danger, call 911 or the local police.

All states have APS, Long-Term Care Ombudsman programs and community services that can help older adults with their daily activities. APS is the common name for the social services program that receives and initially investigates reports of abuse or neglect. The Long-Term Care Ombudsman program receives and initially investigates reports of abuse or neglect of someone living in long-term care facility, like a nursing home or assisted living facility.  If you suspect abuse or neglect, contact the local APS.  They can get you in contact with the appropriate entity to help.

For more information on services in your area, contact the Eldercare Locator at 800-677-1116 (Monday-Friday 9am – 8pm).  You can also download the Why Should I Care about Elder Abuse brochure to learn more.

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