Elder Abuse

Federal deIinitions oI elder abuse, according to the National Center on Elder Abuse (NCEA),
Iirst appeared in the 1987 Amendments to the Older Americans Act. The law provided
deIinitions with regard to neglect, abuse, and exploitation oI older Americans. The NCEA is
directed by the United States Administration on Aging. Its mandate is to aid national, state, and
local partners and to educate proIessionals in order to make sure older persons in America live
without neglect, abuse or exploitation. Older Americans have the right to live with integrity,
dignity, and with as much independence as possible. Funding Ior the prevention oI elder abuse,
neglect, and exploitation program was $5,005,440 in Iiscal year 2010.
Elder abuse can be classiIied into three categories:
O Institutional abuseinstitutional abuse occurs when there is maltreatment/mistreatment
oI an older person in residential Iacilities where older individuals reside, such as nursing
homes, health care Iacilities, group homes, Ioster homes or other types oI care and
boarding Iacilities. Those guilty oI committing institutional abuse are individuals who
have a contractual or legal obligation to protect and care Ior older persons.
O omestic elder abusedomestic elder abuse reIers to Iorms oI
maltreatment/mistreatment oI older adults occurring in the person`s home or in the home
oI a caregiver, by a person who has a relationship with the older person, such as a child, a
sibling, a spouse, a Iriend, or caregiver.
O SelI-neglect or selI-abuseselI-neglect or selI-abuse occurs when the older person
continues to live independently, reIuses help Ior care Irom others, and insists on
remaining in the home alone. The AARP has estimated that selI-neglect represents 40 to
50 percent oI cases reported to states` Adult Protective Services. SelI-abusers do not Iit
into a uniIorm proIile. Many Iactors may lead to selI-neglect, and intervention Ior each
case is unique.
Profile of Older Americans
According to the U.S. Administration on Aging, the Iollowing statistics compile a proIile oI
older persons in America:
O 12.9 percent oI Americans are over the age oI 65.
O The population number oI Americans aged 65 or above in 2009 was 39.6 million. This
represents an increase oI 4.3 million individuals since 1999.
O The total number oI Americans ages 45-64 who will reach age 65 over the next decade
will increase by 26 percent.
O Males reaching age 65 will have an average liIe expectancy oI an additional 17.2 years,
and Iemales reaching age 65 will have an average liIe expectancy oI 19.9 more years.
O Older women currently outnumber older men. There are 22.7 million older women and
16.8 million older men.
O In 2009, 19.9 percent oI older persons in the United States were minorities.
O 42 percent oI older women in 2009 were widows.
O 72 percent oI older men were married, and only 42 percent oI women were married.
O 49 percent oI older women live alone.
O 8.3 million women and 3 million men live alone outside any institution.
O Those age 85 or above are expected to increase in number Irom 4.2 million in 2000 to 55
million by 2020.
O Approximately 475,000 grandparents ages 65 and over have primary responsibility Ior
care oI their grandchildren who live with them.
O Nearly 3.5 million older Americans lived below the poverty level in 2009.
$igns of Elder Abuse
Although the prevalence oI elder abuse has largely remained hidden Irom public view, the
number oI elder abuse cases has steadily increased over the past several years along with the
increased number and percentage oI older Americans ages 65 and over. It is important to
recognize the potential signs/indicators of elder abuse. They include the Iollowing:
O eight loss or other signs oI malnourishment
O Chronic health problems which never seem to diminish over time
O ed sores or pressure sores due to neglect oI care
O ehydration
O Physical trauma indicators such as swollen eyes, bruises, cuts, choke marks, etc.
O Signs oI prolonged use oI physical restraints such as welts or rope or strap burns
O ead gashes Irom slips and Ialls
O Repeated unexplained physical injuries such as Iractures, sprains, dislocations, etc.
O Too much oI a time lapse between incidence oI injury and medical treatment being
administered
O Mild to severe anxiety
O Shame or Ieelings oI passivity
O Unusual conIusion
O epression
O ecoming evasive or easily agitated
O Trauma to the genital area indicating sexual abuse
O Clinging, trembling, lack oI eye contact in the process oI cowering
Additional signs oI abuse may include the Iollowing:
O The older person is not given the opportunity to speak without caregiving staII present.
O igh anger levels are observed among the caregivers.
O Over medication/sedation is observed.
O The caregiving staII/proIessionals display high levels oI indiIIerence toward the older
person.
Elder Abuse Intervention
In your local phone directory you will Iind the number oI your local elder abuse hotline. In
CaliIornia to report suspected elder abuse, exploitation, or neglect, in long-term care Iacilities
call (800) 231-4024.
A national hotline exists as well to report suspected elder abuse. Call (800) 677-1116.
ial 911 to contact your local law enIorcement agency iI you yourselI or a loved one is in
immediate danger.
CaliIornia state government agencies administrating help and protection Irom elder abuse
include the Iollowing:
O CaliIornia Adult Protective Services
O CaliIornia epartment oI Aging
O CaliIornia Long-Term Care Ombudsman
O CaliIornia epartment oI Social ServicesResearch and evelopment ivision
O The CaliIornia Attorney General`s Medi-Cal Fraud and Elder Abuse ureau
O Seniors Against Investment Fraud (SAIF) under the CaliIornia epartment oI
Corporations
O CaliIornia Victim Compensation Claims oard
An Attorney Can Help
II your loved one has been a victim oI elder abuse in CaliIornia, contact our elder abuse attorneys
at Lessem & Newstat, LLP. Los Angeles, Ventura, and Santa arbara County elder abuse
attorneys Jeremy Lessem, Joshua Newstat, and Mark Lessem have handled thousands oI elder
abuse cases on behalI oI clients throughout the state oI CaliIornia.
Call (800) 295-1054 or Iill out our online contact Iorm.
These articles are provided Ior inIormational purposes only and should not be considered legal
advice. ProIessional legal counsel should be sought Ior speciIic advice relevant to your
circumstances.