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Author: MichaelEhline

Tips for Detecting and Suing for Elder Abuse

According to Help Guide, a trusted non-profit guide to mental health & wellness, more than half a million cases of elder abuse are reported annually in the United States, with millions that go unreported, making elder abuse seriously difficult to understand and detect.

Ehline Law and our elder abuse attorneys have worked with elder abuse victims and family members since 2005. We have more than 15 years of experience handling all types of elder abuse and have created this guide on tips for detecting and suing for elder abuse to help protect your loved ones.

Tips on Detecting Different Types of Elder Abuse

There are many types of elder abuse, and it is essential to identify the type before you can take the next step. A general tip for detecting elder abuse is to visit your loved ones regularly; the more often you see them, the better you can detect abuse.

Signs of Neglect

Since neglect involves the caretaker failing to carry out their responsibilities (feeding, bathing, and monitoring older people’s health), looking for signs of weakness and fragility is crucial. 

An older adult suffering neglect may have poor hygiene, wear the same clothes, and have a foul odor. In some extreme cases of elder neglect, the victim may have declining health as the caretaker may fail to follow the doctor’s recommended medication. 

Neglect can adversely affect the victim’s quality of life and cause mental deterioration, which is why family members need to move the older adult into a safe environment.

The following are some of the signs of neglect you should be aware of:

  • Malnutrition, dehydration, or unexplained weight loss
  • Untreated physical and medical problems
  • Dirty living conditions (soiled bedding, bed bugs, dirty clothes)
  • Poor personal hygiene
  • Unsafe living conditions (lack of heating, running water, and hazards)

Signs of Financial Abuse

Financial abuse is much more challenging to determine as the signs are not apparent compared to other types of elder abuse. It is crucial for loved ones to regularly check the bank statements of older people to determine any anomalies, unusual purchases, or unexplained withdrawals. Unfortunately, in most elder financial abuse cases, the perpetrators are often the victim’s children.

The following are some of the signs of elderly financial exploitation:

  • Unusual withdrawals from bank accounts and unexplained transactions while bills remain unpaid
  • Sudden financial deterioration exhibited in the victim’s bank statement
  • Unexplained financial transactions, such as ATM withdrawals when the victim has no access to an ATM
  • Unnecessary subscription to goods and services

When you suspect financial abuse, you must confront other family members and loved ones about it and take immediate action by suing the perpetrator for financial abuse and theft.

Signs of Physical Abuse

When a caretaker does not have the necessary training, they may start to carry out physical abuse or handle the older adult roughly, which can lead to injuries. 

In some cases, the caretaker may get a kick out of abusing and torturing the elderly, which is a serious crime, punishable with jail time and hefty fines.

Even minor physical abuse, if not stopped, can adversely affect the health of the elderly and eventually lead to death. It would help if you took immediate action when you suspect physical abuse by taking older people out of that environment and moving them into a safe one. In severe cases involving life-threatening situations, call 911.

To help you determine physical abuse, here are the signs you should look out for:

  • Unexplained bruises, injuries, and cigarette burns
  • Broken bones, fractures, dislocations, and sprains
  • Signs of restraint on arms, shoulders, and wrists

Signs of Emotional Abuse

Emotional abuse occurs when the caretaker starts yelling, threatening, belittling, and verbally harassing the elderly, especially if they’re not adequately trained. Emotional well-being is essential to good health, and emotional abuse can lead to mental deterioration, affecting the victim’s overall health. According to the National Center on Elder Abuse, 67% of elder emotional abuse are victims.

The following are some of the signs of emotional abuse you should take note of:

  • Anxiety
  • Depression
  • Lack of eye contact
  • Failure to explain or express their feelings
  • Low self-esteem
  • Post-traumatic stress disorder
  • Social isolation

Loved ones who suspect emotional elder abuse must work with elder protection groups, law enforcement, and attorneys to protect older people, move them out of the abusive environment, and hold the abuser responsible.

Signs of Sexual Abuse

Elder sexual abuse is one of the most disgusting types of abuse. It happens when the caretakers violate the trust the elderly have in them by choosing to sexually harass, rape, or sexually abuse them (penetrative or non-penetrative). The most vulnerable groups of elderly to sexual abuse are the ones who cannot communicate, have memory problems, or have other cognitive disabilities.

According to the Nursing Home Abuse Guide, 70% of elderly sexual abuse cases happen in nursing homes where the elderly are away from their loved ones, and only 30% of the victims report sexual abuse. 

These statistics are concerning, and family members need to raise their voices and take serious action against the perpetrators and the nursing home, as it can affect other elderly residents.

Here are some sexual abuse warning signs:

  • Bleeding in the genitalia or around the breasts
  • Injuries to the breast or around the genitalia
  • Torn, stained, or bloody underclothing

Signs of Healthcare Fraud

An elderly person may fall victim to healthcare fraud, which may also include insurance fraud, where the healthcare provider subscribes the elderly to many different types of insurance policies that may not be necessary.

To keep your loved ones safe and away from healthcare fraud, you must look out for the following signs:

  • Duplicate billing for the same service
  • Evidence of Inadequate Care
  • Evidence of incorrect medication
  • False use of healthcare information
  • Inappropriate billing
  • Evidence of overmedication or under-medication

Unethical doctors and healthcare providers are often the primary perpetrators of healthcare fraud. You must report healthcare fraud to the Department of Health Care Services on their Medi-Cal Fraud Hotline at 1-800-822-6222.

The Long-term Effect of Elder Abuse No One Talks About

Elder abuse is a very underrated topic; many choose not to speak about it, even the victims, as they associate it with shame, disappointment, or grief. When more people start talking about it and raising awareness, the better the victims and their family members will be able to tackle abuse and neglect.

Although wounds from physical or sexual abuse may heal, mental well-being is constantly affected. The victims suffer from deteriorating physical and psychological health and dwindling financial reserves they worked hard all their lives to save, and it can even destroy social and family ties.

Whether it is psychological abuse or any other type of abuse, regardless of whether it occurs in a nursing home or at a residential property, any mistreatment can cause fear and depression in older adults. 

In most cases, older adults start to believe they’re at fault and deserve it, which can fuel further abuse from the perpetrators.

Who to Reach Out to If You Suspect Abuse?

It is important to note that the abuse will not stop, and you must take the proper steps to help prevent further elder abuse. Different government and non-profit organizations work to prevent elder abuse.

Adult Protective Services offers resources and assistance to improve the safety and independence of vulnerable elders and dependent adults across the United States. They have offices in every state, and if you suspect abuse, reaching out to Adult Protective Services should be your priority. You can contact them at 1-833-401-0832 and enter your five-digit postcode to contact the local office for assistance with suspected abuse.

Adult Protective Services can guide you in the right direction, offer you the resources you need to help save your affected family member, and provide counseling to the victim to help them overcome the mental scarring from the abuse.

Besides Adult Protective Services, loved ones must contact experienced elder abuse attorneys for guidance. An attorney knows the steps victims should take against nursing homes and can hold them accountable for elder abuse. Many organizations cater to different types of abuse, and an attorney can put you in the right direction.

Remember, elder abuse is a serious crime and can be a felony or misdemeanor, depending on the circumstances of the abuse. Although it is a crime for the prosecutors to prosecute, affected family members can also bring a civil action to recover compensation for the losses. Elder abuse can cause ripples in the family system, and it is crucial to seek damages by bringing a civil lawsuit and holding the perpetrator accountable for your loss.

A skilled attorney can deploy resources to investigate the abuse, gather evidence to build a strong case and pursue an elder abuse lawsuit against the perpetrator and nursing home to recover the damages.

Schedule a Free Consultation with Ehline Law

If you are a victim of elder abuse or are a family member who suspects elder abuse, contact us at (833) LETS-SUE for a free consultation, as you may be able to seek compensation.

Can I Film Police in California?

The answer is YES in most cases. So long as law enforcement officers are engaged in performing their duties or are otherwise in a public place with no reasonable expectation of privacy, you are good to go.

Police are public employees, paid with taxpayers’ money to enforce laws. They do not have the right to privacy while on duty. Therefore, you can film them without their consent, which is your natural right or under civil rights law.

Even when they aren’t performing their duties, for example, if police conduct has attracted substantial public interest and is newsworthy, you can film off-duty police in California as well.

How To Film Law Enforcement Officers In California And Stay Out of Jail

It is legal for suspects and bystanders to video record a police officer while suspects are being questioned in California.

What Are Some Reasons Someone May Wish To Tape, Film, or Snap Pictures of a California Police Officer?

There are various reasons why someone might decide to record a police officer. Perhaps they believe that an officer has stopped them unjustifiably while driving or that an officer is making false allegations against them of a trumped-up violation for being black or another profiled minority.

In this case, citizen journalists may be documenting what a police officer is doing to another party that they believe breaches the law or the other person’s rights, even using excessive or unwarranted deadly force in some cases.

When Is Filming Police Officers Interfering Under Penal Code Section 148?

In most situations, filming a police officer is not against the Law. However, if you want to film a police officer legally without being charged with “interfering with police,” there are several conditions that you must adhere to when you film police officers.

3 Tips To Film Police Officers Engaged In Legitimate Law Enforcement Operations

  1. If you do film, it’s a good idea to ensure that your interactions with the police are designed to de-escalate the situation. At the same time, you can lawfully object to police misconduct. It’s best to do so politely, directly, and without using profanity.
  2. Don’t taunt the police. It is best to record the police without saying anything at all.
  3. If you have information about the situation, explain just that: I have information that can help with your investigation. Police have been filmed handcuffing the victims of crime in circumstances that suggest racial profiling. In those instances, it’s best to address the police firmly, informing them, “I was a witness, and the person you are arresting is the victim.”

Basic Rules of Lawfully Filming Law Enforcement Officers in California

Citizens of California are permitted to film police officers under specific circumstances and restrictions, as determined by the state as follows:

  • Citizens can film or videotape police officers during their official duties as long as the individual filming does not interfere with the officer’s ability to do their job.
  • Filming or recording a police officer so the officer knows it remains legal.
  • Although you have the right to remain silent, you could tell the police officer that you are defending your First Amendment rights under the United States Constitution. Those trying to film cops should maintain a calm demeanor at all times. Always ask if you’re free to go unless a law enforcement officer has reason to arrest someone suspected of committing a felony or has already done so. (See also, George Floyd case)
  • When police officers wish to know who is filming them, they frequently demand identification from those doing so. As a result, it’s essential to inquire if you’re being detained. Police officers in California may not require anybody’s I.D. unless they believe the individual is about to or intends to commit a crime. However, if a police officer is conducting an inquiry, providing identification might assist in defusing the tension. While you may be confident that you have not broken the Law, there could be extenuating circumstances you are unaware of. Therefore, it is always best to follow police instructions and communicate with government officials carrying out their duties politely and respectfully when videotaping police officers. If the police officer warns you to stay at a safe distance, do so!
  • When videotaping the police, avoid baiting or insulting them. The tape may be used as evidence in a criminal trial or a civil rights lawsuit, where the Attorney is attempting to hold the cops accountable for their actions. Avoid saying or doing anything that could harm the case inadvertently.
  • If a police officer tells someone to stop filming or demonstrates that photographing police officers is illegal, explain that filming cops are a protected right under the First Amendment of the United States Constitution.

It is never acceptable to point a camera or smartphone at a police officer in such a way that they could be considered to be holding a weapon or firearm. Never give the cops probable cause to arrest or harm you.

It’s unfortunate, but it’s true: If you’re recording the police, you’ll almost certainly be arrested. Many police officers are put off by being filmed. While this is an illegal arrest with no criminal wrongdoing, it does happen. If it does, keep your cool and protect your rights under the Fifth Amendment.

File a Motion to Review the Confession by Requesting to See when you stated you exercised your right to remain silent. Contact a personal injury attorney in Los Angeles, CA, who specializes in police misconduct law at your earliest opportunity.

When Is Filming California Law Enforcement Officers Prohibited?

You are prohibited from secretly filming anyone, including police officers, in public restrooms, such as using a peephole camera, for one! (See California Penal Code Section 647) It remains a felony under this statute to film a police officer wearing a hidden camera. Penalties include up to one year in jail and $1,000 in fines.

There are other cases, such as when an off-duty law enforcement officer or government officials are on their private property. In that case, private property rules dealing with the Constitutional right balancing test would apply.

Police officers are people like any other Americans who are entitled to the same rights. If a police officer is not on duty, you may not film or video record them under specific circumstances. It’s also forbidden to audio record someone secretly or privately unless they consent or under minimal legal exceptions in California’s penal code.

To summarize, you may not impede a police officer while they are performing their official responsibilities. For example, a film crew attempting to obstruct a police officer and a suspect might have broken the Law.

Taking pictures and videos of things visible from public places is a constitutional right. Federal buildings, transportation facilities, police, and other government officials performing their duties are all legitimate examples of legitimate photos and videos. Unfortunately, law enforcement personnel frequently demand individuals stop taking photographs or filming in public areas, sometimes harassing, detaining, or even arresting them.

So long as you are in a public place and the officer has no reasonable expectation of privacy, hidden cams are ok. Even a drone would be permissible, generally speaking. The problem with the video and audio recordings is whether or not the officer or a jury believes no expectation of being filmed existed.

If not, California is a “two-party” consent state, which means recording a conversation is prohibited as a Constitutional right without the permission of all parties unless an exception applies.

Yes, You Can Film A Police Officer!

On Your Side, the Law Is in Sight states that you may film police lawfully if you follow proper procedure. As a result, you have the right to film any interaction with a police officer in California as long as you follow the legal requirements above.

However, some cops are unaware of the rules and will still arrest someone for filming them. If you’re arrested for videotaping a police officer, keep your cool and say that you’re exercising your First Amendment rights and right to remain silent. In the worst-case scenario, you’ll spend a night or two in jail while things are resolved.

Although most courts have recognized the right to film or record the police, qualified immunity, which protects government employees from liability unless they have violated established constitutional rights, remains a problem.

It would help if you also remembered police have no duty to protect private citizens, so don’t expect the other officers to help you as the rogue cop snatches your cell phone recording devices and smashes them to pieces.

But You Can’t Film Police If You Are resisting, Obstructing, Or Delaying a Police Officer in Their Official Duties.

If you resist arrest in any manner, you may be charged with resisting arrest under California Penal Code Section 148(A) P.C.

The battery of a Peace Officer (California Penal Code Section 243(b) P.C.) or Evading an Officer (California Vehicle Code Section 2800.1 VC) is a crime that might be committed against any police officer, regardless of the circumstances. Understanding that any violence or force against a police officer may result in a charge is critical.

If you’re arrested, remember that you have the right to remain silent. Even when detained, try not to be rude or violent.

Contact Ehline Law Firm to Start a Civil Rights Lawsuit Against the Police for Retaliation

Suppose you were arrested without cause and filmed by a police officer violating another’s First Amendment rights. In that case, you might have a viable case under 42 USC 1983 for depriving your civil liberties. (Examples include filming a sexual assault by a bad cop on a public street.)

You don’t have to stop taking photographs of government officials in plain view. But you could be charged with a false crime by corrupt government officials in public spaces, despite the Law. Bad cops arrest innocent people all the time. We hold corrupt government officials accountable who try and falsely claim you tried to eavesdrop or wiretap them, for example.

According to the Fourth Amendment, arguing that the right to film using cell phones has been violated unconstitutionally or unjustly is also conceivable. So, seeking answers to this commonly asked question is not just a loss of free speech.

The following criteria will be used to assess the strength of your argument:

1—the facts and circumstances of your situation and where the arrest occurred.

Schedule a Free Consultation With Experienced California Civil Rights Lawyers Today!

Were you charged with a crime related to filming a police officer or arrested for resisting arrest due to your involvement in such activities? Were you injured or harmed in any other way due to individual police misconduct or excessive force?

Do you have a general or specific question about pending charges for filming police? You should immediately contact an expert police misconduct lawyer at Ehline Law Firm to defend your Constitutional rights.

The attorneys at Ehline Law provide free consultations and will be happy to answer any questions about your situation. For more information on what steps you should take next or book a free consultation, contact the attorneys at Ehline Law at (213) 596-9642 to guarantee your legal rights are preserved.

How Is a Wrongful Death Settlement Divided Under California Law?

A wrongful death case could provide financial compensation after a fatal event that is related to negligence. The amount you receive can help cover funeral and burial costs, medical expenses, lost wages, loss of consortium, and the decedent’s pain and suffering. I am Michael Ehline, a personal injury lawyer in Los Angeles. I am a top-rated Los Angeles wrongful death lawyer. Below, I will explain how we attorneys divide a wrongful death case settlement.

Some cases result in punitive damages to penalize the defendant for committing the wrongful act.

California civil jury instructions state that the decedent’s estate and family member’s compensation might differentiate during a wrongful death lawsuit.

Economic and non-economic losses could be recoverable by surviving family members. On the other hand, the estate can only recover financial losses such as hospital bills. It’s a great idea to call Ehline Law Firm, and a professional personal injury lawyer can assist you with your case.

We offer a sense of honor you can only understand if you have served.

Distribution of a Wrongful Death Settlement Among Family Members

Family members or a surviving spouse have the right to dictate the division of a wrongful death settlement in California. Heirs and family members who file the wrongful death claim make a joint decision regarding each person’s amount.

Any children or surviving spouses are entitled to most of the settlement proceeds. A dependent parent may also receive a share.

It is primarily up to the surviving family members to assign settlement proceeds themselves.

If the family cannot agree upon settlement distribution, the California courts have the right to distribute the settlement among family members.

The court needs to decide how to divide the settlement after it assesses the situation—first, the financial needs of everyone eligible for the payout receive an inspection. The individual’s economic conditions set the payout amount during the evaluation process. Education, housing, and support are all considered when determining who gets the most significant portion of the settlement amount.

Families often use mediation to decide on a settlement division strategy. Conciliation involves an unbiased third-party judge: parties who believe they have a claim to share settlements and attorneys (if desired).

Taking settlement issues to a court trial can often take longer than mediation.

However, if all parties cannot reach a binding decision, the matter must be resolved in the California courts.

Ehline Law Firm Can Assist With Your Wrongful Death Claims

California’s wrongful death statute can be confusing to understand. As a decedent’s domestic partner, you can claim future financial support.

Wrongful death cases happen more often than you think. Many families suffer massive non-economic losses when a person passes by a criminal death action.

That is why I, Michael Ehline, have dedicated my life to becoming a personal representative for cases of this nature. I am a retired marine who taught himself law by shadowing judges and mentors, and I am one of the best in the industry. Furthermore, I can offer you legal advice for any judicial matter.

Known as the pre-eminent expert on American common law apprenticeships, I am qualified to assist in your California wrongful death case.

You can contact us for a free initial consultation to discuss wrongful death actions imposed on your family.

To arrange a structured settlement plan, let’s get the proper compensation and recover economic losses. We maintain a professional attorney-client relationship while dealing with sensitive issues.

The responsible party is liable for economic damages; in most cases, their insurance company would cover the settlement.

Conclusion

A loved one’s death can cause massive grief and mental anguish to minor children and other family members.

Wrongful acts the victim incurred could open up the possibility of seeking compensation.

Contact us at (213) 596-9642 toll-free to speak to an attorney at Ehline Law Firm. We treat eligible family members with the utmost respect while delivering exceptional legal service.

What is the Difference Between a Protest and a Riot?

Peaceful Protests vs. Riots

The unrest sweeping the country shows a deep disconnect in the direction of the United States. Some examples, like the protest in Palos Verdes Estates, are peaceful and represent people’s legitimate concerns. The control of powerful police unions has enabled a lack of accountability, which results in many things—including violence, as we saw in Minneapolis. However, this is not the entire story. Furthermore, a look between protests and riots shows the overall picture much better and more transparently.

The crowds are sending two clear messages in significant cities. Many protests are peaceful and follow the general guidelines of dissent. They are constitutional and mainly during the daytime. However, as we’ve seen in LA, Minneapolis, and DC, some very different things happen during riots and looting.

Understanding the Differences

Several significant factors are at play in dividing the two waves of civil unrest. On the one hand, the two may seem the same. However, elements are driving the violence and looting in some major cities.

  • The strength of local leaders. Some local leaders, like the Mayors of Atlanta and St. Paul, MN, called for calm and civil protest. However, some leaders, like the Mayor of Minneapolis and the Governor of Minnesota, have been asleep at the wheel. This goes double for the Mayor of New York City, Bill de Blasio.
  • Antifa. This newly declared terrorist organization does not have a significant presence in every major city—however, the cities where they do have seen some of the worst violence. Portland comes to mind. That city is beset by upper-middle-class white young people urging violence among whites and blacks. Several YouTube and Twitter videos showed Antifa members stoking violent actions.

Politicians Creating Hardship?

Combine these factors with the strain of the Coronavirus, and the temperature reached a boiling point. Where we head from here is not yet clear. However, in all likelihood, it will be up to citizens to solve these issues on their own. Keep it here for more updates and legal analysis.

What are the 7 Main Types of Elder Abuse?

The National Council on Aging (NCOA) claims that about 1 in 10 Americans 60 years old or older has experienced some form of elder abuse. The agency defines elder abuse into seven different types. Knowing about these types can help protect older individuals, especially those in nursing homes.

An act or inaction by someone who has power over an elderly individual that could result in harm is considered elder abuse. This type of abuse can involve a variety of actions and inactions.

The National Council on Aging recognizes seven main types of elder abuse:

  1. Physical Abuse: This involves physical harm or injury caused to an older person, such as hitting, shoving, kicking, or restraining them.
  2. Emotional or Psychological Abuse: This includes verbal or nonverbal behavior that causes mental anguish, fear, or distress in an older adult, such as yelling, insulting, intimidating, or ignoring them.
  3. Sexual Abuse: This involves any sexual activity and physical abuse and emotional abuse forced upon an older person without their consent, including sexual touching, assault, or rape.
  4. Neglect: This involves failing to provide older adults with the necessary care, support, or assistance, including food, shelter, clothing, and medical care.
  5. Financial Abuse or Exploitation: This involves the illegal or unethical use of an older person’s financial resources, property, or assets, including theft, fraud, scams, or undue influence.
  6. Abandonment occurs when a caregiver or responsible person deserts an older adult, leaving them without necessary care or support.
  7. Self-Neglect: This involves an older person’s refusal or failure to provide for their basic needs, such as food, clothing, shelter, or medical care, due to physical or mental impairment or other factors.

Older individuals and their loved ones must be aware of all types of elder abuse. This can help prevent misuse from happening in the first place.

You should take action if you or a loved one has been abused or neglected in a nursing home. Get a free case review to learn more about how to address this issue.

Quick Elder Abuse Reference Guide

  • In addition to physical and emotional abuse, elder abuse can include sexual and financial exploitation.
  • Trusted individuals, such as family members or staff members at nursing homes, commit most types of elder abuse. Elders can also mistreat themselves through neglect.
  • The NCOA claims that elders are more likely to report instances of financial exploitation than neglect, physical abuse, or emotional abuse.
  • According to the NCEA, psychological abuse is regarded as the most common abuse of older adults.

More About Physical Abuse or Sexual Abuse

Physical elder abuse is a type of abuse that involves using force against an elderly individual. It can be done by striking, pushing, or restraining them.

Signs of physical elder abuse can include:

  1. Unexplained bruises, cuts, or welts on the body.
  2. Broken bones, sprains, or dislocations that cannot be explained.
  3. Marks on wrists or ankles from restraints.
  4. Signs of being restrained or tied up include rope burns or scars.
  5. Burns from cigarettes or hot water.
  6. Withdrawal from everyday activities and relationships.
  7. Depression, anxiety, or fearfulness.
  8. Sudden changes in behavior or personality indicative of sexual abuse.
  9. Caregiver’s refusal to allow visitors to see the elder alone to hide the sexual abuse.
  10. Reluctance to speak openly in front of the caregiver.

It is important to note that these signs do not necessarily indicate physical abuse on their own but may indicate other issues, such as neglect or self-harm. If you suspect physical abuse or any other form of elder abuse, immediately report it to the appropriate authorities.

Emotional elder abuse can be more challenging to identify than physical abuse because it doesn’t leave visible marks, but there are still some signs to look for.

Some of the symptoms of physical or sexual abuse leading to emotional elder abuse include:

  1. Verbal threats, insults, or intimidation by a caregiver or family member.
  2. Withdrawal or sudden changes in behavior, such as becoming fearful, anxious, or depressed.
  3. Unexplained changes in weight, such as rapid weight gain or loss, due to differences in appetite or eating habits.
  4. Self-soothing behaviors such as rocking, sucking, or biting.
  5. Agitation, restlessness, or aggressiveness towards others.
  6. Isolation or restriction of social interactions with friends or family members.
  7. Unexplained financial transactions, such as large withdrawals or changes to bank accounts.
  8. Unexplained or sudden changes in legal documents such as wills or power of attorney.

If you suspect an older adult is experiencing emotional or sexual abuse, seeking help and reporting the abuse to the appropriate authorities is essential. Emotional abuse can have severe and long-lasting effects on an elder’s physical and mental health.

Have You or Your Loved One Suffered Elderly Abuse?

Connect the Elder Abuse Lawyers

Even though many elders suffer from various health issues, they should never be subjected to neglect or physical or sexual abuse. This quiz will help you identify potential signs of abuse in a nursing home, as well as elder sexual abuse and unwanted touching or sexually explicit photographing without giving consent.

Who are the typical victims of elder and nursing home abuse or neglect? Elder and nursing home abuse or neglect can happen to anyone, but certain factors can make an individual more vulnerable.

The typical victims of elder and nursing home abuse or neglect are:

  1. Elderly individuals: People over 65 are at an increased risk of being victims of abuse or neglect, particularly if they have physical or cognitive disabilities and untreated infections.
  2. Women: Women are more likely to be victims of elder abuse than men, especially women with dementia or other cognitive impairments.
  3. Socially isolated individuals: Those who are socially isolated or lack a support network are more vulnerable to abuse or neglect as they may be less likely to report acts considered sexual abuse or neglect or have someone to advocate for them.
  4. Those with disabilities or chronic illnesses: Individuals with disabilities or chronic diseases, particularly those who are bedridden or have limited mobility, may be at a higher risk of abuse or neglect and warrant a visit from adult protective services.
  5. Residents of long-term care facilities: Those who reside in long-term care facilities, such as nursing homes or assisted living facilities, are at a higher risk of abuse or neglect due to the power dynamic between the residents and the caregivers. So, if you suspect abuse, pick up our phone and seek financial compensation on behalf of those physically harmed and their loved ones.

It is important to note that elder abuse and neglect, including verbal assaults, can happen to anyone regardless of gender, ethnicity, or social status. Any signs of abuse or neglect, sexually transmitted diseases, physical force, and untreated injuries should be taken seriously and reported to the appropriate authorities.

What is Sexual Elder Abuse?

Was your loved one sexually abused or subjected to physical violence as a mentally competent older person with physical issues? Sexual elder abuse is a form of elder abuse that involves any sexual contact or activity forced upon an older adult without their consent. It can take many forms, including unwanted sexual touching, sexual assault, rape, or forced nudity. Sexual elder abuse can be committed by a caregiver, family member, friend, or stranger unless you take safety precautions to protect vulnerable older women and others at assisted living facilities.

Older adults who are particularly vulnerable to sexual elder abuse are those with physical or cognitive disabilities, socially isolated, and unable to communicate effectively.

Signs of sexual elder abuse may include unexplained bruises or injuries to the genitals or breasts, difficulty walking or sitting, sexually transmitted infections, and sudden changes in behavior or personality.

It is essential to report any suspected sexual elder abuse to the appropriate authorities immediately. Sexual elder abuse can have severe and long-lasting physical and psychological effects on the victim, and it is essential to seek help and support for the victim.

Other Elder Neglect Examples

Elder neglect is a form of elder abuse that involves the failure of a caregiver to provide necessities such as food, shelter, and medical care to an older adult under their supervision. Some examples of elder neglect include:

  1. Failure to provide adequate nutrition or hydration can lead to malnutrition or dehydration.
  2. Failure to provide necessary medical care, including medication and treatment for illnesses or injuries.
  3. Poor hygiene and sanitation lead to infections or other health problems.
  4. Abandonment or desertion of an older adult in need of care.
  5. Failure to provide necessary assistance with activities of daily living, such as bathing, dressing, and toileting.
  6. Failure to provide a safe living environment, including protection from hazards such as slippery floors or broken furniture.
  7. Social isolation, including preventing the elder from leaving home or having contact with friends or family members.

Elder neglect can have severe and life-threatening consequences, and it is essential to report any suspected neglect to the appropriate authorities immediately.

What is Elder Self-Neglect?

Elder self-neglect is a form of elder abuse that occurs when an older adult fails to take care of themselves, including their basic needs for food, shelter, and medical care. This can include neglecting personal hygiene, refusing medication or seeking medical attention, and living in unsafe or unsanitary conditions.

Physical or cognitive impairments, mental health issues, social isolation, or a lack of financial resources can cause elder self-neglect. It can also result from depression or other mental health issues that make it difficult for the elderly to take care of themselves.

Signs of elder self-neglect may include poor hygiene, malnutrition, dehydration, living in unsanitary or unsafe conditions, hoarding or clutter, and wearing inappropriate clothing for the weather.

Elder self-neglect can have severe and life-threatening consequences, and caretakers and certified caregivers need to report any suspected self-neglect to the appropriate authorities. However, it is also essential to recognize old citizens have’s the right to make decisions about their own lives. Intervention should only occur if the elder cannot make decisions in their best interests.

What is Elder Abandonment?

Elder abandonment is a form of elder abuse that occurs when a caregiver or family member responsible for caring for an older adult leaves them alone and fails to provide them with necessary care or support. Abandonment can occur in many forms, including physical abandonment, emotional abandonment, or financial abandonment.

Physical abandonment involves leaving an older adult alone without access to necessities such as food, water, shelter, and medical care. Emotional abandonment consists of neglecting the older adult’s emotional needs, such as not providing them with social interaction or emotional support. Financial abandonment involves taking advantage of an older adult by stealing from them or denying them access to their finances.

Elder abandonment can have serious consequences, resulting in physical harm, emotional trauma, financial exploitation, and even death. Signs of elder abandonment may include unexplained injuries, malnutrition or dehydration, untreated medical conditions, and social isolation.

It is essential to report any suspected elder abandonment to the appropriate authorities, as the older adult may be in immediate danger and need assistance. Caregivers and family members who abandon an older adult can face criminal charges and may be held financially liable for any harm resulting from their actions.

What is Emotional Elder Abuse?

Emotional elder abuse is a form of elder abuse that involves the infliction of mental anguish or distress on an older adult through verbal or non-verbal acts. It can take many forms, including verbal abuse, intimidation, humiliation, isolation, and harassment.

A caregiver, family member, friend, or even a stranger can perpetrate emotional elder abuse. It can occur in many settings, including nursing homes, assisted living facilities, and the house of the older adult.

Signs of emotional elder abuse may include changes in behavior or personality, depression, anxiety, social withdrawal, and a sudden loss of interest in hobbies or activities.

Emotional elder abuse can have severe and long-lasting effects on the victim’s mental and physical health, including increased risk of depression, anxiety, and physical health problems.

It is essential to report any suspected emotional elder abuse to the appropriate authorities immediately. Emotional elder abuse seriously violates an older adult’s rights and can have severe and long-lasting consequences. Victims of emotional elder abuse may require counseling and support to overcome the trauma they have experienced.

What are some signs of emotional and psychological elder abuse?

  • Verbal aggression, such as yelling, insulting, or threatening the elderly person
  • Ignoring or isolating the older adult from social activities or visitors
  • Humiliating or ridiculing the older adult in public or private
  • Controlling or manipulating the older adult’s decisions, actions, or finances
  • Blaming or scapegoating the older adult for problems that are not their fault
  • Ignoring or dismissing the older adult’s needs or emotions
  • Withholding affection, communication, or physical contact with the elderly person
  • Treating the older adult like a child or infantilizing them
  • Refusing to allow the older adult to participate in activities or make decisions about their own life
  • Threatening or withholding necessary care or medical attention
  • Creating an atmosphere of fear or intimidation in the presence of the older adult.

These signs may indicate that an older adult is experiencing emotional or psychological abuse. It is essential to report any suspected abuse to the appropriate authorities or seek help from a medical professional.

Define Financial Elder Abuse

Financial elder abuse is the illegal or improper use of an older adult’s finances, property, or assets for personal gain, often without the senior’s informed consent or understanding. This type of abuse can include stealing, misusing funds, taking property, or convincing an older adult to sign documents such as wills, contracts, or powers of attorney under pretenses. Financial elder abuse is considered a form of elder abuse. It is a severe crime that can have devastating consequences for seniors, including loss of savings, poverty, and diminished quality of life.

What are Some Warning Signs of Elder Financial Abuse?

Several warning signs may indicate elder financial abuse. Here are some common signs to look out for:

  1. Sudden or unexplained changes in an elder’s financial situation, such as significant withdrawals, transfers or depletion of bank accounts, or unexplained purchases.
  2. Unpaid bills or notices of overdue bills may indicate that someone is diverting funds or neglecting financial responsibilities.
  3. Unusual or inappropriate financial activity, such as frequent ATM withdrawals, new credit cards or accounts being opened, or sudden changes to estate planning documents.
  4. Isolation from friends and family members may indicate that the elder is being manipulated or coerced into financial abuse.
  5. Uncharacteristic behavior or mood changes, such as fear, anxiety, or depression, may indicate emotional abuse or manipulation.
  6. Unexplained physical injuries or neglect may indicate that the elder is being mistreated or exploited.

It’s important to note that these signs don’t necessarily mean that elder financial abuse occurs. Still, they should prompt further investigation and intervention to ensure the elder’s safety and well-being. Suppose you suspect that someone you know is a victim of elder financial abuse. In that case, it’s essential to report it to the appropriate authorities and seek help from a trusted professional or organization.

According to the MetLife Study of Elder Financial Abuse, financial abuse costs elders an estimated $2.9 billion annually. It is the most commonly self-reported type of elder abuse.

What to Do If You Suspect Elder Abuse

The MetLife Study of Elder Financial Abuse was a report published in 2011 that analyzed the prevalence, characteristics, and consequences of elder financial abuse in the United States. The study found that the annual economic loss suffered by elderly Americans due to financial abuse is estimated to be at least $2.9 billion. This problem is likely to grow as the population ages. The study also found that family members and caregivers were the most common perpetrators of elder financial abuse. The abuse often went unreported due to shame or fear of retaliation. Finally, the study highlighted the need for increased awareness and prevention efforts and more robust legal protections for seniors vulnerable to financial exploitation.

How Do I Report Elder Abuse In California?

If you suspect an elder in California is being abused, neglected, or exploited, you can report the situation to the appropriate authorities. Here’s how:

  1. If the elder is in immediate danger, call 911 or the local police department.
  2. To report suspected elder abuse, contact the Adult Protective Services (APS) agency in the county where the elder resides. The phone number for the APS agency in your area can be found on the California Department of Social Services website or by calling the statewide APS hotline at 1-833-401-0832.
  3. Suppose the elder is a resident of a long-term care facility such as a nursing home or assisted living facility. In that case, you can also report the abuse to the California Department of Public Health by calling their complaint hotline at 1-800-236-9747.
  4. If you suspect financial abuse, you can report it to the local law enforcement agency and the California Department of Justice’s Bureau of Medi-Cal Fraud and Elder Abuse at 1-800-722-0432.

When reporting suspected elder abuse, be prepared to provide as much information as possible, including the elder’s name and address, the nature and extent of the abuse, the suspected abuser’s name and contact information, and any other relevant details. It’s also important to remember that reporting suspected elder abuse is a legal obligation in California. You cannot be held liable for making a good-faith report for defamation or a crime.

How To Get Legal Help From A Civil Elder Abuse Attorney

If you or a loved one has been a victim of civil elder abuse, it may be helpful to seek the assistance of a civil elder abuse attorney. Here are some steps you can take to get legal help:

  1. Research attorneys who specialize in elder law and civil elder abuse. Look for attorneys with experience representing clients in civil elder abuse cases and a good track record of success.
  2. Schedule a consultation with the attorney. Many attorneys offer free consultations, during which you can discuss the details of your case and ask any questions you may have.
  3. Provide the attorney with all relevant documents and information related to the abuse. This may include medical and financial records and other evidence that can help support your case.
  4. Work with the attorney to develop a legal strategy. The attorney will help you understand your legal rights and options and create a strategy that best meets your needs and goals.
  5. Work with the attorney to prepare for trial if a lawsuit is filed. This may include gathering additional evidence, preparing witnesses, and attending court hearings.

It’s important to remember that civil elder abuse cases can be complex and emotionally challenging. Working with an attorney who understands the unique needs and challenges of elder abuse cases is essential. Working with an experienced civil elder abuse attorney can help protect your legal rights and hold those responsible for the abuse accountable.

Who Can Pursue Elder Abuse Charges or a Civil Claim?

In cases of elder abuse, criminal charges and civil claims can be pursued by different parties, depending on the circumstances.

Here are some examples:

  1. Criminal charges: Law enforcement agencies, such as the police or district attorney’s office, can pursue criminal charges for elder abuse. These charges can result in fines, imprisonment, or other penalties for the perpetrator of the abuse.
  2. Civil claims: Civil claims for elder abuse can be pursued by the victim of the abuse or by their legal representatives, such as a family member or a guardian. Civil claims can seek damages for financial losses, medical expenses, emotional distress, and other harms resulting from the abuse.
  3. State intervention: In some cases, state agencies, such as Adult Protective Services or the Office of the State Long-Term Care Ombudsman, may pursue legal action to protect the rights and interests of vulnerable elders.

It’s important to note that different types of elder abuse, such as physical, financial, and neglect, may have other legal requirements for pursuing charges or claims. Additionally, statute limitations may apply, meaning there is a limited amount of time for charges or claims to be pursued. If you or a loved one has been a victim of elder abuse, it’s essential to seek the advice of a qualified attorney or legal professional who can help you understand your legal rights and options.

What is the most commonly reported type of elder abuse?

According to various studies and data, financial exploitation is the most commonly reported type of elder abuse. Economic exploitation is the unauthorized or illegal use of an elder’s financial resources to benefit someone other than the elder. This can include stealing an elder’s money or property, forging their signature on financial documents, or coercing them into giving away their assets. It’s important to note that economic exploitation is often underreported, as elders may be reluctant to report the abuse due to fear, shame, or a lack of awareness of their rights. If you suspect an older adult is being financially exploited, it’s essential to report the situation to the appropriate authorities, such as Adult Protective Services or law enforcement agencies.

How can caring families prevent elder abuse?

Caring families can take several steps to prevent elder misuse, including:

  1. Stay involved: Maintain regular contact with your aging loved ones and stay engaged in their care and well-being. Ensure they receive appropriate medical care, social support, and financial management assistance.
  2. Educate yourself: Learn about the warning signs and risk factors of elder abuse and the different types of abuse. Educate yourself on how to recognize and report abuse if it occurs.
  3. Plan: Work with your aging loved ones to create a plan for their future care, including legal and financial planning. This can help prevent abuse from caregivers or other individuals seeking to take advantage of their vulnerability.
  4. Hire caregivers carefully: If you need to hire a caregiver for your loved one, carefully screen potential candidates and check their references and criminal backgrounds. Consider using a licensed home care agency or nursing home with a good reputation and track record.
  5. Encourage social connections: Loneliness and isolation can increase the risk of elder abuse. Encourage your aging loved ones to participate in social activities like volunteer work, clubs, or senior centers.
  6. Watch for signs of abuse: Be alert for any signs of abuse or neglect, such as unexplained bruises or injuries, changes in behavior, or sudden financial difficulties.
  7. Report suspected abuse: If you suspect an older adult is being abused or neglected, report the situation to the appropriate authorities, such as Adult Protective Services or law enforcement agencies.

By taking these steps, caring families can help prevent elder abuse and ensure their aging loved ones are safe and well-cared for.

Steps to Getting a Free Elder Abuse Case Review From Ehline Law Firm

To get a free elder abuse case review from Ehline Law Firm, you can follow these steps:

  1. Visit the Ehline Law Firm website: Https://www.ehlinelaw.com/ to learn more about the firm and its services.
  2. Click on “Contact Us”: On the website’s homepage, click the “Contact Us” button in the top right corner.
  3. Fill out the contact form. Provide your name, phone number, email address, and a brief description of your legal issue. Make sure to specify that you seek a free elder abuse case review.
  4. Submit the form: Once you have filled out the contact form, click the “Submit” button to send it to the firm.
  5. Wait for a response: A representative from Ehline Law Firm will contact you within a few days to discuss your legal issue and schedule a free case review.

During the case review, an attorney from Ehline Law Firm will review the details of your case and advise you on your legal options. If you decide to pursue legal action, the firm can provide experienced representation and advocacy throughout the legal process.