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.

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.

Mom, Dad, Aging and Financial Protection

Much stuff is coming out of NY and California lately in the senior citizen abuse realm. Here is one about a lawyer and client conspiring to steal for a senior. New York socialite Anthony D. Marshall defrauded and stole from his elderly mother. Her name was Brooke Astor, a philanthropist. Astor won the “swindle trial.” [1. Read More.]

Detailed reports materialized showing that Marshall conspired with attorney Francis Morrissey. They illegally amended Brooke Astor’s will in his favor. Sadly, they stole millions without consent. They even absconded with valuable paintings taken off the walls of her Park Avenue home. During this time, she suffered.

The evidence revealed a pattern of greed, neglect, misfeasance, nonfeasance, and malfeasance. Incidentally, in California, financial abuse of seniors is often mentioned in the news[2—financial abuse], including the economic exploitation of older people. [3. elder financial abuse] This is not limited to New York.

California Family Member Financial Abuse

Another story mentioned in Consumer Reports is that of Elise Brooks. She is a 72-year-old. Sadly, she sold her mobile home and moved in with her daughter and granddaughter in Monterey, California. Allegedly, she did not want to handle her finances any longer.

So, she had her daughter and granddaughter take over her finances. Some elders do this with their attorneys as well. In any event, her daughter, Lisa Karen MacAdams, and granddaughter, Christi Schoenbachler, financially ruined Brooks. They siphoned off all of her money. [4. People v. Schoenbachler]

They drained her of an annuity worth approximately $90,000, her jewelry, and furniture; if this wasn’t enough, they dumped her in a nursing facility. Mother and daughter were both convicted of grand theft and financial abuse, both felonies and two counts of misdemeanor elder abuse. During the summer, the California Court of Appeal stayed one of Schoenbachler’s misdemeanor charges. Ventura, California Superior Court Judge Colleen Toy White said financial abuse is the “ultimate betrayal.” [5. Ultimate Betrayal is Abuse]  These cases are among the worst.

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Examples of Other Scams:

New scams by strangers involving older people include scenarios like sending an e-mail telling them they won a free vacation or Somali cons [6. Somali E-Mail Scams], including but not limited to:

• Fraudulent sweepstake phone calls
• Investments and grandparent scams.

What is far worse and not as commonly heard about is the deception by neighbors, friends, employees, and relatives. The people most entrusted to provide protection and care for seniors.

 This kind of abuse can be emotional. Also, it remains financially devastating to the seniors. [7. The devastation to Elders and Economic] Experts say that this behavior will likely increase due to the stalled economy and many aging populations.

This remains a primarily unreported crime. Seniors may not even recognize what is happening to them. They could also be ashamed and embarrassed, which keeps them from speaking out. Remember that elders are far more gullible and susceptible to this type of abuse (Source).

In New York, in 2011, a randomized telephone survey [<<< See PDF here] was released, in which seniors mentioned being financially exploited more frequently than any other kind of abuse. Manhattan Assistant District Attorney Elizabeth Loewy was the lead prosecutor on the Marshall/ Astor case. She says that almost every time she lectures on financial abuse, people approach her with their own stories. (Read more.)

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Classic Elder Abuse Scenarios

Classically, in elder abuse cases, the predator will isolate the older adult to create an environment where they fear the abuser or love the abuse.

• Unlicensed home contractors
• Kids selling candy to keep kids off of drugs and gangs
• Internet prizes
• Bank scams

These scams are occurring more than ever. Crimes involving lawyers, nurses, and even doctors who are in close contact with seniors are also rising. Many cases we have dealt with involve a friend or family member ripping off a relative!

Prevention and Protection

• Consult with an Elder Abuse Attorney:  Get legal advice from a lawyer when an elder or dependent adult under your care exhibits signs of dementia or abuse. An attorney can direct you to the necessary steps to protect vulnerable seniors or children.
• Hire Licensed Professionals: Hiring a probate lawyer and setting up a court-ordered conservatorship is a wise choice. Hiring an estate planning attorney can help write your will and note the power of attorney documents, which have trusts limiting the amount of access to your relatives’ money. And, of course, have the judge sign off when the elder has a conservatorship. The main thing is to set these up before losing control of your mental faculties.
• Documents: Before giving anyone power of attorney, you must carefully consider potential consequences. This person is legally your fiduciary. This representative is responsible for acting in your best interests. But they could do anything with your money without you knowing about it. It is not always the wisest choice to permit someone closest to you to have this power.

Seeking Professional Help

• Sometimes, you could be safer having someone more disconnected and financially secure.
• Experts say that power of attorney documents have limits and can be done without extra cost, which assigns a relative or friend to monitor the person named with a power of attorney. The joint management of attorneys requires two signatures on every check. A lawyer can draft an agreement mandating periodic reports when assigning a relative or friend to monitor the person. Another method is splitting the authority. You can power one person to handle financial matters while the other controls health decisions. Your lawyer needs to hold the papers physically. That way, you can prevent anyone from prematurely presenting them to your bank or investment company to acquire access to your funds.
• Daily Account Arrangements: Daily accounts should be established for pension benefits, Social Security checks, and other deposit payments like tax refunds.

Famous Cases in the News

Actor Mickey Rooney made news in July of 2012 in a battle against his stepson Christopher Aber, age 52, and his wife Christina Aber, age 42, for Rooney’s emotional, verbal, and financial abuse. Rooney alleged his stepson and wife deprived him of his medication and isolated him by stopping him from leaving the house. This behavior occurred over an alleged ten-year period.

Court documents filed by attorney Bruce S. Ross and attorney Vivian L. Thoreen on behalf of Rooney alleged that Abers was liable for leaving the 90-year-old actor powerless over his assets and personal life. At one point, Aber got ATM debit/credit cards in the name of Densmore, Rooney’s company, and then used them regularly for his benefit. The filed petition said Rooney was unaware of credit/debit cards.

In March of 2011, Rooney testified before Congress, saying he had felt trapped, frightened, and helpless. And that was a terrible feeling for a man. Rooney’s current wife is the mother of Aber and is denying the actor’s claims of elder abuse by her son.

The Theft Case

A year prior, Rooney had attorney Michael Augustine appointed to be a permanent conservator of his estate and placed a restraining order against Christopher and Christina Aber. Aber had stolen her identification cards, passport, insurance cards, Screen Actors Guild membership, and Identification cards.

• Security: Security is essential, and you should ensure a background check is done on any caregiver you or the family of a senior considering hiring. Never assume that a placement agency will conduct a thorough background check. In doing this, you must ensure that it is a national check rather than a state or a local one. Six years, when the law allows, consider installing a security camera monitoring system.

Annual estimates show that 6 million elderly citizens face abuse. According to the National Center for Elder Abuse (NCEA) figures, in 2005, between one and two million elderly (over the age of 65) were mistreated, injured, or exploited by caregivers upon whom they depended. The organization estimates that for every case of elder abuse reported, five points go unreported.

Mail: Never leave mail in unsecured mailboxes. Also, shred any documents with identifying information. Take pictures of your valuables and jewelry. Lock these photos and small valuables up in separate places. Doing this also makes the insurance claims process more comfortable. Check pawn shops if items are stolen or missing.

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Protecting Older Relatives

It is essential to safeguard older relatives and ensure they can go out when needed. Elder abuse remains associated with physical and social isolation. Unplanned, regular visits help identify undue influencers. Also, seniors need to have outings. Seniors should regularly visit friends, clergy, neighbors, and volunteers.

On February 12, 2013, Florida began the South Shore Coalition for Mental Health and Aging annual seminar. The 12th will start the first of the series in the symposium to discuss elder abuse’s critical issues to family members, caregivers, and other professionals.

The coalition and the NCEA hope to bring public awareness to elder abuse’s growing problem that they say is often overlooked.

The Abuse Statistics

The Bureau of Justice Statistics backs up their concern, showing that the number of elder abuse, neglect, and financial exploitation as of 2010 revealed at least 10 percent of senior citizens had suffered some form of abuse. Their statistics also show that most elderly abuse victims are female senior citizens.

• Setting Rules: The family with an older adult should meet and determine who will be looking after the senior’s physical and financial interests. Hire an attorney if only one relative or sibling handles most care. Pay legal counsel to draft a “personal care agreement.” This agreement will detail the amount the caregiver will receive for services. According to Starnes, a CFP, administrators should make reasonable payments to family members providing care. Caregivers can now stay out of trouble because they know their limitations.
• Limited Accounts: Demented elders should use a blocked bank account. This account can have a spending limit of a few hundred dollars. Also, banks should investigate checks written for higher amounts.
 The NCEA estimates con men have financially exploited over five million elders annually. Many go unreported out of shame or because it is a family member. In that case, the senior citizen does not want anyone to get in trouble.
• Availability: Make yourself available to accompany the senior to meetings with doctors and financial advisors, who can help establish plans for the relative’s protection. Elders often feel uncomfortable discussing their frailties. Praise the seniors for their jobs, which will help open communications.

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Observations And Warning Signs

Be alert to the elderly person with a new “best friend” if they are unavailable or can come to the telephone. Be suspicious if the senior does not want to contact others unless their caregiver is present or becomes socially isolated.

Gwendolyn Swank worked all her life in Lincoln County, Maine. A six-year neighbor had manipulated and stolen from her, so she lost her nest egg of over $300,000 in assets. Also gone were her monthly security checks. When it was all said and done, Swank had 37 cents remaining in her bank account.

A Betrayal of Trust

In 2004, Swank’s neighbor Rodney Chapman became the older woman’s best friend. The now 85-year-old said she worked hard to put away a “good portfolio.” After all, she needed something to depend on in her old age. Also, she never believed Chapman would take her for a “ride.”

Swank was the manager of a mobile home park, where Chapman and his family were her neighbors when he fell behind in his payments. This lapse started in 2004 when she let him work off some debt, mowing lawns and doing repairs. Chapman’s terrible state left his longtime neighbor after working as a financial bookkeeper for most of her life.

Chapman is behind on payments to credit card companies, her landlord, Central Maine Power Company, and the IRS for the money withdrawn from stocks and IRA accounts. At 85, Swank returned to work at a local business in the first part of this year to help pay off her debt, including the $60,000 for taxes from the withdrawal of money from stocks and IRAs. Lincoln County District Attorney Geoffrey Rushlau said Swanks’ case differs from many other cases, where a family member is usually the abuser.

This family member borrows money and never intends to pay it back to the older adult. Swank remained deceived, terrified, and isolated.

The Elder Financial Abuse Scam

Swank had concerns over a 1999 drug bust near her home. Chapman lied for years, saying he had Texas Ranger law enforcement connections with a judge and could help rid drug activity from the area. But he needed money for transportation, lodging, and disposal of the drug dealer’s bodies.

Swank said she believed the stories, even knowing how they sounded. Chapman staged fights outside, pounded on her trailer, and would not let her use her telephone. He took her phone with him, restricted Swank’s car use, and restricted her visitors, telling her it was for her safety. In another instance, Chapman talked Swank into a business venture where she would be the bookkeeper. He convinced her to purchase an auto repair and recovery business.

Swank paid for the tools, a welder, and an expensive trailer to haul cars. Sadly, the business never forked over a dime. And now she remains unsure the industry ever existed.

Lincoln County elder abuse case specialist Detective Robert McFetridge said Swank’s case became known to him when he received phone calls from people concerned about her situation.

Furthermore:

The detective also said one of the calls was from a business where Swank’s checks were bouncing. But Detective McFetridge said that Swank was not ready to discuss the situation.

Of particular interest, the end came when Swank gave Chapman a deadline to return some of the money, and it passed. So after that, she told the deputy. Chapman admitted to his crimes after his arrest. Detective McFetridge believes others participated in Swank’s financial exploitation.

Maine Legal Services represented Swank through attorney Dennis Culley, and on June 12, Swank won a civil judgment of $1.3 million. Chapman received five years of jail time and has little or no ability to pay Swank’s civil court judgment.

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Other Red Flags:

• If another designated makes the payments, look for unpaid bills
• Newly authorized signers on the senior’s bank account
• Signatures are unfamiliar on checks and other documents
• Are canceled checks and bank statements sent to the senior’s home?
• Changes in banks or lawyers
• Generous gifts or reimbursements to caregivers or friends
• Unexplained withdrawals from bank accounts, transfers between accounts, or missing property
• Changes in spending patterns or purchasing unneeded items
• Variations in senior’s testamentary documents, such as a power of attorney, beneficiaries, or will
• Extreme interest in the senior’s finances by relatives, caregivers, or friends
• Lack of personal care, like poor grooming and clean clothing.

Example:

• Scenario: You hire an elder abuse lawyer to help you with your abuse case, and when the case settles, the attorney attempts to recover the hotel bills from their vacation. So you felt too indebted to the lawyer. And you remain intimidated that you won’t get your settlement check unless you agree.
• Solution: Place disputed amounts into a trust and demand immediate payment. Require a full accounting. Also, a California State Bar complaint may be filed for particularly egregious cases.
• Scenario: You ask a friend or roommate to deposit money into the bank. You trusted another while not feeling well to help you pay rent, giving them your cash deposit, and later discover your friend made just half the deposit. So when you ask for the deposit slip, the roommate says they needed the money for gas, etc., and she ignores your demand(s) or changes the subject. Courts in Washington D.C. are reportedly seeing more elderly abuse cases. Elder abuse studies identify different types of abuse. Common abuse includes neglect, financial exploitation, and even violent beatings. Reports indicate that only one in 14 cases of abuse are acted upon by victims or estate representatives.

In Practical Terms

According to Washington D.C. Superior Court’s Probate Division Judge John Campbell, overseeing cases for incapacitated adults or adults needing guardianship, there are more elder abuse cases than ever. Also, Judge Campbell believes this is because people are living longer. However, they become targets since they remain frail and have diseases and dementia.

• Solution: First, contact the bank or financial institution and close the account. However, it would be best to communicate with the police and the city or county attorney. You can even call the State Attorney General and an elderly abuse lawyer.

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Finding More Information and Help

Adult Protective Services County APS agencies investigate exceptional cases involving elder and dependent adult abuse in private homes, hotels, hospitals, and health clinics without professional staff members on duty. (The Licensing & Certification program of the California Department of Health Services handles cases of abuse by a hospital or health clinic member.)

https://www.consumerreports.org/cro/financial0113.htm

The National Center on Elder Abuse has links to state directories of helplines, elder abuse prevention resources, and hotlines in all 50 states and the District of Columbia.

Further Information

AARP’s Scams and Fraud is the latest information on fraud and scams against older adults.

The AARP Money Management Program is a service that assists seniors and individuals with disabilities with limited resources by pairing them with trained money management volunteers. The service helps older persons control their finances, pay bills, and balance checkbooks. It also focuses on individuals deemed incapable of managing their funds. Twenty-one states and the District of Columbia offer some programs.

National Adult Protective Services Association provides a national map linking abuse reporting hotlines in each state.

Better Business Bureau Scam Stopper provides information on common scams and instructions for reporting scams. The website also allows users to sign up for scam alerts.

National Association of Professional Geriatric Care Managers Geriatric care managers and professionals can assist in all aspects of citizens’ lives, including managing medical appointments, monitoring in-home care workers, and identifying potential exploitation risks. They can also sometimes pay bills, handle paperwork, and provide other services.

The American Association of Daily Money Managers can help seniors with bill paying, insurance paperwork, banking, and organizing records to file income tax returns. Its members are nationwide.

The Consumer Financial Protection Bureau Office of Financial Protection for Older Americans receives and investigates consumer fraud complaints with credit cards, bank loans, mortgages, and other financial fraud. National Academy of Elder Law Attorneys has a search for lawyers who specialize in elder law, including a durable power of attorney, estate planning, conservatorship, elder abuse, and other legal services—telephone 703-942-571.

https://www.nbclosangeles.com/news/local/Mickey-Rooney-Elder-Abuse-Los-Angeles-Superior-Court-Christopher-Christina-Aber-161824925.html

https://losangeles.cbslocal.com/2011/09/15/mickey-rooney-conservator-file-2nd-elder-abuse-claim-against-his-kin/ https://www.today.com/id/41879042/site/todayshow/ns/today-entertainment/t/mickey-rooney-tells-congress-about-his-abuse/

“… a failure of social intelligence in which a person is easily tricked or manipulated into an ill advised course of action.“

(read more.)

As shown by our superior, Los Angeles elder abuse lawyer Michael Ehline, elders trust even dishonest people.

The Most Recent Studies On The Elderly Brain

• More accessible to Scam Old Folks

Two studies show that the aging brain cannot process scams or misleading information. Professor Shelley Taylor of the University of California, Los Angeles, conducted one of the studies. The study data showed that a brain section known as the anterior insula makes older people more susceptible to scams.

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Seniors are Less Likely to Doubt or Process Visually Deceptive Information

The data from this study and a survey carried out earlier in the year by the University of Iowa researchers were telling. They showed that the Ventromedial prefrontal cortex’s aging leads to a lesser ability to process skepticism and doubt in visual information.

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The Study Itself

Professor Taylor’s study involved 119 elderly residents of a senior living home, who ranged between 55 and 84. So, subjects saw photographs of natural or trustworthy faces. Next, they saw pictures of faces that were non-trustworthy. These were pictures of people smiling without their eyes lit up, shifty gazes, and facial hair. Consequently, researchers asked participants how they rated trustworthiness levels.

Analysts handed these same photographs to 24 staff members and students between 20 and 42 years old. Both groups had equal ratings reported for the natural or neutral faces; the difference was evident with the elderly participants when assessing the untrustworthy photos.

So here, the elders could not see the visual clues in the untrustworthy photos. Consequently, the research expanded into MRI machine monitoring. Also, the study included 23 senior citizens and 24 staff and students who saw the same images. As a result, testing discovered that the younger group’s anterior insula became active. Conversely, the anterior insula of elderly participants was barely functioning.

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The “Gut Reaction” Part of the Brain

The “gut reaction” part of the brain alarms you of the ill-at-ease feelings and stress people feel about difficult decisions, ideas, places, and people. UCLA researchers believe the lack of activity in the anterior insula causes older people not to notice behaviors or signals with scams. Yet, younger people have no problem picking up on these red flags. This study also adds to data published by researchers at the University of Iowa in August 2012.

• This study compared the ability to categorize misleading information in elderly people or people with damage to the Ventromedial prefrontal cortex (vmPFC).
• This organ is a softball-sized section of the brain. It remains located above the eyes and controls emotions and behaviors. And these are related to the ability to feel doubt and skepticism. Plus, it is related to your impulse control.

The study showed that 18 patients had damage to their vmPFCs, and 21 patients suffered brain injury symptoms but had good vmPFCs compared to 21 patients with healthy brains. The analysts showed brain study patients advertisements deemed misleading by the Federal Trade Commission.

Remarkably, elders were twice as likely to fall for misleading ads even when ads included disclaimers tainting their informational validity. Also, the National Institute for Justice conducted a study in 2009. The gullibility study showed that financial shysters scammed around 12% of elders (60 or older). In 2011, Met Life Inc.’s report rated the annual loss of exploited elderly citizens at about 2.9 billion dollars.

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Not News To Most Experienced Nursing Abuse Lawyers

As an elder abuse and nursing abuse lawyer, I did not need a study like this to tell me what has been evident in my law office practice for years. Also, most of my colleagues agree. Recent cases of elder financial abuse (click here) already prove that shady characters target seniors. The problem is that many of the abusers are people with a special duty of care and trust over their elder wards.

Society must remain vigilant because it is so easy to scam older people. And that laws already on the books need aggressive enforcement. Contact Ehline Law Firm at 633 West 5th Street #2890, Los Angeles, CA 90071, to learn more about protecting them. (213) 596-9642.

Sources:

https://www.examiner.com/article/elderly-brains-can-t-process-scams-misleading-information-two-studies-show

https://blogs.smithsonianmag.com/smartnews/2012/12/why-senior-citizens-may-be-overly-trusting/