EveryBody's Guide to the Law

ELDER ABUSE
It is a sad commentary on our society that over two million elders are abused or neglected in
the United States each year. However, only about one in fifteen cases of abuse is ever reported.
Why are so few cases reported? It could be because up to 75 percent or more of all elder abuse
is committed by a relative of the elder, either in the elder’s own home or in the abuser’s home,
where he or she is taking care of the elder. The caretaker may have threatened the elder that
if the elder tells anyone about the abuse, the caretaker will kick the elder out into the street or
use physical or chemical restraints to keep the elder in line.
Approximately 25 percent of elder abuse occurs in nursing homes and other retirement
facilities. Federal law covers abuse in nursing homes under the Nursing Home Reform Act. If
you suspect that nursing home personnel are abusing or neglecting your elder, notify the nursing
home’s ombudsman or the local police department.
Elder abuse can take many forms. It may be done by an affirmative act, such as hitting
the elder, or by fondling or otherwise sexually abusing the elder. Or it can be a negative act,
such as deliberately failing to feed or provide adequate hydration (water and other fluids)
to the elder. It may also consist of psychological abuse, such as yelling at the elder or
threatening him or her with physical abuse or the withholding of food, or putting the elder
in isolation.
Depriving the elder of medical care for physical and mental health needs is another
form of elder abuse. Other examples of elder abuse include: failing to assist the elder in personal
hygiene; failing to provide adequate clothing; providing inadequately heated and
underventilated shelter; and failing to protect the elder from health and safety hazards.
Also considered elder abuse are failing to provide or arrange transportation to medical
appointments or adult day care centers; neglecting or abandoning the elder; physically or
chemically restraining the elder as punishment or for longer than is necessary; and otherwise
failing to provide assistance necessary to keep the elder safe, well-fed, well-groomed,
and comfortable.
Elder abuse can even be financial, such as using the elder’s Social Security and other funds
for one’s own use and not for the elder’s benefit. Or the caretaker can take the elder’s money
for his or her own self rather than use it for the elder’s benefit. For instance, suppose Victor has
his elderly mother move in with him because she cannot live on her own anymore. Victor is
the “designated payee” on his mother’s Social Security payments, and is also on her bank
accounts. Victor uses the money to support his cocaine habit, and little goes to the benefit of
his mother. This is a clear case of financial elder abuse.
The law requires that health care workers, including doctors and nurses, and social workers
promptly report any suspicions of elder abuse to the proper authorities. A doctor or psycholo-
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