Searcy Law
Anthem Memory Care
Elder Abuse: The Problem, Prevention, and Resources
In the United States, millions of Elderly people reside in Nursing Homes and Assisted Living Facilities. This ranges from active individuals all the way to people receiving hospice, or end-of-life care. In these specialized facilities, skilled professionals are entrusted to assist the elderly population in meeting their needs and aiding in the performance of activities of daily life. Amongst these skilled professionals, alarming numbers of reports of elder abuse have been observed and reported, leaving the elderly population at risk.
The Definition and Scope of The Problem
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Elder abuse is referred to as “an intentional or negligent act by any person that causes harm or a serious risk of harm to an older adult or an adult with physical or mental impairment.” (U of U College of Social Work). According to the World Health Organization, approximately 66% of workers who care for the elderly have admitted to committing some form of elder abuse in the last year. It has also been reported that approximately 33% of nursing homes within the United States have been cited for elder abuse violations that have caused harm to residents of these facilities (Michas, Frédéric).
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It is estimated that 1 in 10 elders will experience some form of Elder Abuse, while some elders experience more
Statista Research Department
Figure 1: Percentages of complaints of abuse in United States care facilities as of 2010.
than one type of abuse at the same time (U.S. Department of Justice). “In 2016, Utah’s Adult Protective Services Programs investigated more than 7,200 cases, and suspicion of elder abuse is being reported at higher rates every year” (U of U College of Social Work). This only accounts for cases that are reported. According to Dr. Troy Andersen, executive director of the U of U College of Social Work’s W.D. Goodwill Initiatives on Aging, experts believe that elder abuse is being under reported, meaning that the number of elders experiencing abuse could be drastically higher. Those who are afflicted with Alzheimer's, Dementia, or any other type of physically or mentally debilitating medical condition are at even greater risk in experiencing abuse.
What are the different types of Elder Abuse?
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It is a common misconception that Elder Abuse only includes instances of Physical and Verbal abuse, when that is far from the case. Elder abuse is an umbrella term that encompasses 5 different types of abuse towards elders. The different types of Elder Abuse include Physical Abuse, Verbal Abuse, Sexual Abuse, Financial Abuse, and Neglect.
Physical abuse: This type of Elder Abuse encompasses acts like striking, slapping, punching, and any other form of physical assault. Physical abuse usually results in the injury or even death of an elderly person as a result of a physical assault infraction.
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Sexual Abuse: Sexual Abuse is any non-consensual sexual contact with an older adult. This includes any type of forced sex, groping, kissing, forcible bodily penetration, and also instances of Sexual Harassment.
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Emotional, Verbal, or Psychological abuse: Any verbal or nonverbal conduct that causes an older adult anxiety, fear, or mental suffering. Intentional embarrassment, disrespect, threats, harassment, and isolation fall under this category.
Takacs McGinns Elder Care Law
Neglect: This type of abuse occurs when a senior's needs are not met. Food, water, clothing, and hygiene are among these basic requirements. Inappropriate or soiled clothing is a common violation in this category. It is estimated that around 15% of complaints of elder abuse in care facilities are due to neglect (Micheas, Fredric).
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Financial Abuse: Unauthorized use of an elderly person's funds, benefits, possessions, property, or assets for the benefit of someone other than the owner of these assets. This includes theft of property or money. Financial Abuse of elders has become extremely prevalent in the community due to the overwhelming amounts of scam calls that are made to target elders. Other common types of financial abuse include identity theft, misuse of conservatorship, sale of fraudulent investment, catfishing scams, and transfer of property deeds (Hudson, Nicole).
What Are the Signs of Abuse?
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Although many of these signs can arise due to a medical condition or other explainable circumstances, these signs are important indicators that abuse is taking place. General signs of abuse include anxiety, isolation, unexplained irritation, lack of interest in regular activities, unexplained decrease in self-confidence, etc.
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Signs of physical abuse include unexplained bruises or cuts, unusual flinching in non-threatening situations, and many other unusual behaviors. Signs of financial abuse include complaints of missing property, assets, or money, and unexplained withdrawals or purchases on the individual’s banking statements. Signs of sexual abuse include unexplained vaginal bleeding, torn and ripped clothing, contraction of venereal disease, lack of self-confidence, etc. Signs of neglect include lack of medical aids such as glasses and dentures,
unavailability of basic hygiene products, malnutrition, bed sores, soiled or dirty clothing, and skin breakdown in the perineal area. In the interest of American elders, reporting suspicions of abuse is critical to minimizing these circumstances.
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National Council on Aging
History of Government Action Against Elder Abuse
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The formation of the Long-Term Care Ombudsman Program provided an official advocate called an Ombudsman for elders, whose duty is to help address and resolve issues and complaints of abuse and exploitation. As of 2023, the Long-Term Care Ombudsman program is active all states in the U.S. providing advocacy for the rights of American elders. In 2010, Congress passed the Affordable Care Act. The final bill contained a portion called the Elder Justice Act, which is known as “the most comprehensive legislation ever passed related to elder abuse and neglect prevention” (Blancato & Whitmire p. 106). It has been said that the Elder Abuse Justice act built the foundation of today's Elder Justice Movement.
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The year 2019 marked the date in which the Stamp Out Elder Abuse Act was introduced. This bill introduced a U.S. Postal Service Stamp that would be used to fund Elder Abuse related government agencies to prevent and combat Elder Abuse. The profits made from these stamps were used to fund the U.S. Department of Justice and the U.S. Department of Health and Human Services ACL. Funds
Freepix
were used to create the Elder Abuse Prevention and Prosecution Act (Blancato & Whitmire pp. 106-107). The United States Governments is continually proposing and implementing new measures in order to minimize the effects of Elder Abuse on older Americans.
Guidelines to Prevent Elder Abuse
American elders everywhere can take steps to further prevent Elder Abuse. Elders can prevent abuse by educating themselves on their rights and signs of abuse, to be able to recognize and report any experienced abuse. Elders can also seek out information regarding resources to aid in advocacy for their rights such as their State’s Long Term Care Ombudsmen. Elders can also seek out a support system and engage in the community in ways such as church groups, recreational groups, family, friends, etc. This can help Elders establish confidants they feel comfortable disclosing information to in cases of abuse.
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Residents of Utah may complete a survey through the Department of Aging and Adult Services to help better understand Elder Abuse (Utah Department Of Aging and Adult Services). Anyone can further ensure the safety of elders by reporting suspected abuse to the proper channels. Dr. Troy Andersen states that “As a community, we need to remain vigilant” (Utah College of Social Work). Any suspicion of abuse can be reported to Adult Protective Services online at https://daas.utah.gov/adult-protective-services/, or by phone at 1-800-371-7897 between the hours of 8 a.m. to 5 p.m. Monday through Friday.
References
Text:
"Abuse of Older People." World Health Organization, 13 Jun. 2022, www.who.int/news-room/fact-sheets/detail/abuse-of-older-people. Accessed 15 Sept. 2023.
Blancato, Robert B., and Meredith Whitmire. “Elder Justice Policy: Where We Are Now and Where Do We Go Next?” Journal of the American Society on Aging, spring 2020, pp.106–110.
“Elder Abuse and Responsibility to Report.” Elder Abuse & Responsibility to Report - College of Social Work - The University of Utah, 15 June 2018, socialwork.utah.edu/interaction/posts/2018/all/elder-abuse-responsibility-to-report.php.
"Elder Abuse Statistics." United States Department of Justice, www.justice.gov/file/1098056/download. Accessed 12 Sept. 2023.
Hudson, Nicole L. “Advocating for Elders Suffering Financial Abuse and Exploitation.” GP Solo, vol. 32, no. 6, 2015, pp. 18–22.
Michas, Frédéric. “Abuse Complaints Board and Care Facilities U.S. by Type 2010.” Statista, Statista Research Department, 1 Feb. 2012, www.statista.com/statistics/388118/abuse-types-in-us-board- and-care-facilities/.
Utah Department Of Aging and Adult Services “Dept. of Aging Needs Survey Responders to Help Understand Elder Abuse in Utah.” KSL.Com, Utah Department of Aging and Adult Services, 17 Oct. 2020, www.ksl.com/article/50031020/dept-of-aging-needs-survey-responders-to-help-understand-elder-abuse-in-utah.
Images:
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"Elder Abuse Awareness: What to Know and How to Help!" Anthem Memory Care, 11 Jun. 2023, www.anthemmemorycare.com/blog/elder-abuse-awareness-what-to-know-and-how-to-help. Accessed 9 Oct. 2023.
"Elder Abuse." Searcy Law, 14 Jun. 2017, www.searcylaw.com/elder-abuse-signs-symptoms-can-identify/. Accessed 4 Oct. 2023.
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"Elder Abuse: Spotting the Signs and Getting Help." Takacs McGinnis Elder Care Law, 20 Jul. 2022, www.tn-elderlaw.com/post/elder-abuse-spotting-the-signs-and-getting-help. Accessed 9 Oct. 2023.
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"Emotional/Behavioral Signs of Elder Abuse." National Council on Aging, 12 Oct. 2023, www.ncoa.org/article/get-the-facts-on-elder-abuse. Accessed 21 Feb. 2021.
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"Physical Signs of Elder Abuse." National Council on Aging, 12 Oct. 2023, www.ncoa.org/article/get-the-facts-on-elder-abuse. Accessed 21 Feb. 2021.
"Still Life with the Scales of Justice." Freepik, www.freepik.com/free-photo/still-life-with-scales-justice_33123996.htm#page=2&query=law%20scale&position=13&from_view=keyword&track=ais. Accessed 4 Oct. 2023.
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"Types of Abuse Complaints in U.S. Board and Care Facilities in 2010." Statista, 1 Feb. 2012, www.statista.com/statistics/388118/abuse-types-in-us-board-and-care-facilities/. Accessed 10 Oct. 2023.