Your SlideShare is downloading. ×
Elder Abuse: What the signs are and what can be done?
Upcoming SlideShare
Loading in...5
×

Thanks for flagging this SlideShare!

Oops! An error has occurred.

×

Saving this for later?

Get the SlideShare app to save on your phone or tablet. Read anywhere, anytime - even offline.

Text the download link to your phone

Standard text messaging rates apply

Elder Abuse: What the signs are and what can be done?

325
views

Published on

Learn what elder abuse is, what the signs are and what can be done to stop it.

Learn what elder abuse is, what the signs are and what can be done to stop it.


0 Comments
1 Like
Statistics
Notes
  • Be the first to comment

No Downloads
Views
Total Views
325
On Slideshare
0
From Embeds
0
Number of Embeds
3
Actions
Shares
0
Downloads
4
Comments
0
Likes
1
Embeds 0
No embeds

Report content
Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
No notes for slide

Transcript

  • 1. Elder Abuse Presented by Sarah M. Allen Pabian & Russell, LLC sallen@pabianrussell.com265 Franklin Street ▪ Boston, Massachusetts ▪ 02110-3113 ▪ Phone 617.951.3100 ▪ Fax 617.951.9929 ▪ www.pabianrussell.com
  • 2. Overview What is elder abuse?  Serious physical or emotional injury  Financial exploitation  The failure of a caregiver or an elder to provide for one of the necessities essential for physical or emotional well-being Who perpetrates it?  Family members and caregivers  Long-term care facility staff  Strangers 265 Franklin Street ▪ Boston, Massachusetts ▪ 02110-3113 ▪ Phone 617.951.3100 ▪ Fax 617.951.9929 ▪ www.pabianrussell.com
  • 3. Financial Abuse What is it?  “Acts of omissions by another resulting in a substantial monetary or property loss to an elderly person.”  Examples: Unauthorized use of checks or credit cards, stealing property, convincing an elder to make a poor investment or fake charity donation What are the signs?  Unpaid bills, missing property, inconsistent financial statements, unusual changes to an estate plan, etc. 265 Franklin Street ▪ Boston, Massachusetts ▪ 02110-3113 ▪ Phone 617.951.3100 ▪ Fax 617.951.9929 ▪ www.pabianrussell.com
  • 4. Emotional or Psychological Abuse What is it?  Causing emotional pain or stress for an elder  Examples: Name calling, verbal insults, threats, harassment, using the elder as a scapegoat, ignoring the elder, etc. What are the signs?  Easily upset or agitated, sudden changes in attitude or behavior, the elder is fearful of certain individuals, withdrawal or apathy, rocking or sucking behaviors  Caregiver suffers from depression or substance abuse 265 Franklin Street ▪ Boston, Massachusetts ▪ 02110-3113 ▪ Phone 617.951.3100 ▪ Fax 617.951.9929 ▪ www.pabianrussell.com
  • 5. Physical Abuse What is it?  The intentional use of physical force against an elderly person that results in physical pain or injury  Examples: Hitting, shoving, kicking, withholding medication, forcing an elder to consume drugs or alcohol, confining or restraining an elder What are the signs?  Bruises, complaints of soreness, sprains, broken bones, medical issues arising from medication mismanagement, rope marks, withdrawal or apathy, rocking or sucking behaviors 265 Franklin Street ▪ Boston, Massachusetts ▪ 02110-3113 ▪ Phone 617.951.3100 ▪ Fax 617.951.9929 ▪ www.pabianrussell.com
  • 6. Neglect and Self Neglect What is it?  Failure to provide the elder with the necessities of daily living, including adequate food and water, hygiene, shelter, clothing, medications and other essentials  Self-neglect was not classified as elder abuse by the Massachusetts legislature until 2004 What are the signs?  Poor hygiene, weight loss, dehydration, malnutrition, unsanitary living conditions, and unpaid bills 265 Franklin Street ▪ Boston, Massachusetts ▪ 02110-3113 ▪ Phone 617.951.3100 ▪ Fax 617.951.9929 ▪ www.pabianrussell.com
  • 7. A Growing Problem Massachusetts first established its elder protective service system in 1984  At that time, there were 1,500 reports of elder abuse  In 2011, there were 19,500 reports 265 Franklin Street ▪ Boston, Massachusetts ▪ 02110-3113 ▪ Phone 617.951.3100 ▪ Fax 617.951.9929 ▪ www.pabianrussell.com
  • 8. Prevention What Elders Can Do:  Execute a durable power of attorney  Hire trustworthy financial advisors and accountants  Enroll in direct deposit What Attorneys Can Do:  Unscheduled visits  Communication  Meeting with the elder alone  Referrals to support services 265 Franklin Street ▪ Boston, Massachusetts ▪ 02110-3113 ▪ Phone 617.951.3100 ▪ Fax 617.951.9929 ▪ www.pabianrussell.com
  • 9. Issues to Consider Who is your client? What does the elder wish to do? Legal remedies  Guardianship and Conservatorship under M.G.L. c. 190B  Petition for Protective Services under M.G.L. c. 19A  Restraining Orders under M.G.L. c. 209A  Referral to the district attorney’s office 265 Franklin Street ▪ Boston, Massachusetts ▪ 02110-3113 ▪ Phone 617.951.3100 ▪ Fax 617.951.9929 ▪ www.pabianrussell.com
  • 10. Elder Protective Services in Massachusetts Administration  Administered by the Executive Office of Elder Affairs  There are 22 protective service agencies (“PSAs”) in Massachusetts  Agencies investigate reports of abuse of adults ages 60 and older What happens when a report is made?  A caseworker is assigned to investigate  The elder, family members, physicians, and other close friends and family members are interviewed  If abuse is confirmed, the elder is offered services to address the situation  In serious cases, a report is filed with the district attorney 265 Franklin Street ▪ Boston, Massachusetts ▪ 02110-3113 ▪ Phone 617.951.3100 ▪ Fax 617.951.9929 ▪ www.pabianrussell.com
  • 11. Filing a Report Contact the local PSA during business hours or call the Elder Abuse Hotline at 1-800-922- 2275, twenty-four hours a day, seven days a week Some professionals have a mandatory duty to file a report  Failure to file a report may result in a fine 265 Franklin Street ▪ Boston, Massachusetts ▪ 02110-3113 ▪ Phone 617.951.3100 ▪ Fax 617.951.9929 ▪ www.pabianrussell.com
  • 12. Other Resources Consumer Financial Protection Bureau’s Office of Financial Protection for Older Americans (www.consumerfinance.gov) National Adult Protective Services Association (www.apsnetwork.org) Administration on Aging (www.aoa.gov) AARP Money Management Program (www.aarpmmp.org) National Association of Professional Geriatric Care Managers (www.caremanager.org) Better Business Bureau Scam Stopper (www.bbb.org/scamstopper) 265 Franklin Street ▪ Boston, Massachusetts ▪ 02110-3113 ▪ Phone 617.951.3100 ▪ Fax 617.951.9929 ▪ www.pabianrussell.com