These include physical abuse, sexual abuse, emotional abuse, financial/material exploitation, neglect , abandonment, and self-neglect . Physical abuse. Use of physical force that may result in bodily injury, physical pain, or impairment.
The Older Americans Act of 2006 defines elder financial abuse , or financial exploitation , as “the fraudulent or otherwise illegal, unauthorized, or improper act or process of an individual, including a caregiver or fiduciary, that uses the resources of an older individual for monetary or personal benefit, profit, or
According to the National Council on Aging (NCOA), elders are more likely to self-report financial exploitation than emotional, physical, and sexual abuse or neglect . According to the NCEA, neglect is the most common type of elder abuse.
Under Penal Code 368 PC, California law defines the crime of elder abuse as physical or emotional abuse , neglect, or financial exploitation of a victim 65 years of age or older . The offense can be charged as a misdemeanor or a felony, and is punishable by up to 4 years of jail or prison.
But while state law requires that elder abuse be reported, the high level of proof needed for criminal charges is often elusive. If an abuser has legal documents such as power of attorney, it is especially hard to prove that a victim has been defrauded or stolen from.
Signs and symptoms of elder abuse can include: Malnourishment or weight loss . Poor hygiene. Symptoms of anxiety, depression, or confusion. Unexplained transactions or loss of money.
The most common complaints of elder abuse in nursing facilities are the failure to meet the elder’s basic needs, including nutritional needs, medical needs, or mobility assistance.
However if the victim so chooses, and criminal charges are filed, financial elder abuse can lead to misdemeanor and felony charges. Misdemeanor convictions can lead to up to a year in jail , and a $1,000 fine. Felony convictions can result in up to four years in jail and fines up to $10,000.
To prove there was a breach by the fiduciary or someone else, one or more of the following must be proven: Extensive withdrawal from monetary accounts. Increased or changed spending habits. Someone added to the senior’s financial accounts. Unpaid health care costs or no health care. Changes in the senior’s estate.
Emotional abuse signs and symptoms Delayed or inappropriate emotional development. Loss of self-confidence or self-esteem. Social withdrawal or a loss of interest or enthusiasm. Depression . Avoidance of certain situations, such as refusing to go to school or ride the bus. Desperately seeks affection.
The federal government and states, the District of Columbia, and some territories all have statutes to protect older adults from physical abuse , neglect, financial exploitation, psychological abuse , sexual abuse , and abandonment. On this page you will find different types of state statutes related to elder abuse .
Elder abuse can lead to physical injuries – ranging from minor scratches and bruises to broken bones and disabling injuries – and serious, sometimes long-lasting, psychological consequences, including depression and anxiety . For older people, the consequences of abuse can be especially serious and convalescence longer.
Exploitation refers to the act or process of taking advantage of an elderly person by another person or caretaker whether for monetary, personal or other benefit , gain or profit.
3 Lawyers and advocates may find themselves faced with a mandatory reporting law and a client who does not wish to report or who many face further harm by reporting . All states require the reporting of elder abuse or abuse of vulnerable adults.