Elder abuse can take several forms, including physical, emotional, financial, and neglect. It is often perpetrated by family members or caregivers and is a growing problem. Signs may include unexplained injuries, weight loss, or unpaid bills. Massachusetts has a system of protective service agencies to investigate reports and offer help to victims. Attorneys can help prevent abuse by meeting clients alone and ensuring proper legal documents and care plans are in place.

1. Elder Abuse
Presented by
Sarah M. Allen
Pabian & Russell, LLC
sallen@pabianrussell.com
265 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