Frequently Asked Questions about Elder Abuse
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What is Elder Abuse?
The law defines elder abuse as "physical abuse, neglect, financial abuse, abandonment, isolation, abduction or other treatment with resulting in physical harm or pain or mental suffering, or the deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering."
Physical Abuse: Assault, battery, sexual assault, battery or rape, prolonged or continual deprivation of food or water, or use of physical or chemical restraints for punishment, convenience or without or beyond the scope of the doctor's order.
Neglect: The failure to exercise that degree of care that a reasonable person in a care providing capacity would exercise such as failure to assist in personal hygiene, provision of food, clothing or shelter, provision of medical care, or to protect from health and safety hazards or to prevent malnutrition or dehydration.
Note: This includes self-neglect; one of the most common forms of abuse occurring in community settings.
Financial Abuse: The illegal or unauthorized taking or using of an elder's funds, property or assets by an individual or entity.
Mental Suffering: Fear, agitation, confusion, severe depression or other forms of emotional distress that is brought about by threats, harassment, or other forms of intimidating behavior.
Isolation: The intentional preventing or restraining an elder from receiving mail, telephone calls or visitors.
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Who is normally responsible for elder abuse?
Three out of five cases of elder abuse occur in the senior’s own home at the hands of family members. Family abuse is, by far, the most common type of elder abuse and, with more than four out of every five of these cases unreported, the extent of this abuse extends far beyond what we know today.
"Domestic elder abuse" refers to the maltreatment of the older person by family members and caregivers in the victim's residence or the residence of the caregiver. The National Elder Abuse Incidence Study conducted by the NCEA found that close to one-half million elderly adults in domestic settings were abused or neglected in 1996.
The study estimates that for every reported incident of elder abuse or neglect, five others go unreported. More than two-thirds of those committing elder abuse are members of the victims' families.
"Institutional abuse" generally involves abuse committed by a person who has a legal or contractual obligation to care for the elderly adult in a nursing home, foster home, or other similar residential facility.
A federal study conducted by the General Accounting Office found that nearly one out of three California nursing homes have been cited for "serious or potentially life-threatening care problems."
The study was requested by the Senate Special Committee on Aging in response to allegations that 3,113 California nursing home residents died in 1993 from malnutrition, dehydration, and other conditions resulting from substandard care.
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Mandatory Reporting of Elder Abuse
One of the earliest legislative trends to assist older victims mandated the reporting of elder abuse. The vast majority of states now require certain classes of professionals to report suspected abuse and neglect.
The most common categories of mandatory reporters are medical professionals, health care providers, mental health counselors, service providers, and virtually all government agents who come in contact with the elderly. Most require such individuals to report evidence that leads them to "reasonably believe" that the elderly person in question is the victim of abuse or neglect.
A few states have established 24 hour hot lines in an attempt to make reporting of abuse easier in order to secure the safety of the victim as quickly as possible. While most statutes establish penalties for those who fail to report, many also provide immunity from civil suits or prosecution to those who make reports in "good faith" -- even if those reports can not be substantiated, to further encourage reporting of suspected abuse.
Although such laws have helped to increase the reporting of elder abuse -- up 150 percent from 1986 to 1996 -- it is still believed to be widely under reported.
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