Most of us were taught as children, “Respect your elders.” Unfortunately, these days, many people are not only not respecting their elders, they are actively exploiting or abusing them. You may have older family members you want to protect, or you may want to take steps to protect yourself from abuse and exploitation as you age. Whatever your circumstances, it’s important to understand what elder abuse is, what makes people vulnerable, and what resources are available to help prevent or stop financial exploitation and elder abuse?
What is Elder Abuse?
We tend to hear more about child abuse, so the concept of elder abuse tends to fly under the radar for many people. When we do think of elder abuse, we tend to think of physical abuse, and that certainly does occur. But elder abuse takes many forms:
Physical abuse may include striking, kicking, shoving, or otherwise inflicting physical pain or injury on an older adult (defined as someone aged 60 or older).
Passive neglect is the term used when a caregiver fails to provide a senior with the necessities of life, such as food, medical care, appropriate clothing, or shelter.
Willful deprivation is intentionally denying or withholding an older person something they need, such as food, medicine, mobility aids, or personal care, which places them at risk of injury or harm.
Confinement is isolating or physically restraining a senior other than for their safety or legitimate medical reasons.
Financial exploitation involves the misuse or misappropriation of an older person’s financial resources, or withholding access from the senior to their own funds.
Emotional and psychological abuse may include harassment, intimidation, verbal cruelty, threatening physical abuse or harm, or other words or actions designed to place a senior in fear for their safety or well-being.
Sexual abuse is any sexual contact or activity with a senior that they do not want or understand, or to which they do not freely consent or are unable to consent. Sexual abuse may be forcible, but is not necessarily so.
The thought of seniors being abused in any of these ways is heartbreaking—but how common is it? Sadly, it is shockingly common: multiple studies have found that roughly 1 in 10 adults over the age of 65 have suffered from at least one type of elder abuse in the previous year. It is possible that the numbers are even higher, given that some seniors may be afraid or embarrassed to report abuse.
What Makes Seniors Vulnerable to Elder Abuse?
Older people may be vulnerable to abuse for a variety of reasons; to understand them, it is also important to consider who is doing the abusing. According to the National Council on Aging and other sources, family members, like adult children or spouses, are most likely to be the perpetrators of elder abuse. An estimated 60% of perpetrators of elder abuse (of all types) are related to the victim.
Family members may have the most access to an older person (and their finances). There may be a history of family abuse, perhaps by the now-vulnerable senior against a now-adult child. Family members may also be caregivers who feel overwhelmed, trapped, or isolated by their responsibilities, and lack the support to deal with their frustration. They may also feel entitled to use the senior’s financial resources for their own benefit.
While family members may constitute the majority of abusers, of course, the great majority of seniors’ family members are not abusive. And, of course, not all abusers are family members. Seniors may also be abused by paid caregivers at home or in a long-term care facility, by acquaintances, or even by strangers.
Seniors are frequent targets of abuse for a variety of reasons:
They are often physically frail, which means both that their need for care is constant and demanding, and also that they are unable to protect themselves;
They may have mental incapacity that makes them easier to manipulate or take advantage of, especially financially, and they may have a lifetime of savings or other assets that are attractive to scammers;
They may not be as tech-savvy, allowing unscrupulous people to use technology to take advantage of them financially;
They may be isolated and dependent on others for care, which provides both access and a lack of oversight
Sadly, it is often the most physically and mentally frail seniors who are the most vulnerable to abuse and exploitation. However, it’s important to remember that anyone can be at risk. Attorney Danielle Mayoras was recently interviewed on CBS News Detroit about Priscilla Presley’s lawsuit against former business partners. Presley alleges that she was isolated and her finances were misappropriated (as of this writing, these allegations have not been proven in court).
The takeaway is that everyone needs to be careful when it comes to financial exploitation or abuse. Any older person can be at risk. That’s why it is important for loved ones to be vigilant.
Identifying Financial Exploitation and Elder Abuse
The best way to keep a loved one safe from abuse is to know the signs of abuse, which may include:
Unexplained bruises, cuts, burns, scars or other injuries
Agitation or anxiety at the approach or presence of certain caregivers
Appearing uncharacteristically depressed, confused, or withdrawn
Appearing dirty, underfed, or otherwise poorly cared-for
Appearing over- or under-medicated
Bedsores or other preventable conditions
Isolation from friends and family members, especially if a caregiver seems to be preventing access to the senior
Recent changes in spending or banking habits, such as large or frequent unexplained withdrawals from accounts
Danielle Mayoras notes that financial exploitation and other elder abuse often starts with the abuser isolating the victim, especially if the victim is dependent on the abuser. That dependence makes them easier to manipulate (e.g. “If you don’t do what I say, I’m going to put you in a nursing home”), and the isolation prevents others from seeing and stopping the abuse.
Protecting Loved Ones From Abuse
One of the best things to do to protect an older person you love from abuse is simply to remain in regular contact with them, in person if at all possible. That enables you to see them and lets them know they can turn to you for help if needed.
If you see that an older loved one has memory or cognitive issues, you may also want to speak to an attorney about pursuing a guardianship and/or conservatorship to protect them and their finances. Of course, if they appear to be at risk of imminent harm, you can call 911 or involve Adult Protective Services. The Michigan Attorney General also offers an elder abuse hotline and other resources.
If we are fortunate, old age comes to us all. To protect your future self from financial exploitation, work with an estate planning and elder law attorney to protect your assets and appoint someone to make important decisions for you if you ever become unable to do so for yourself.
To learn how the attorneys at Barron, Rosenberg, Mayoras & Mayoras can help you protect yourself and your loved ones, schedule a consultation today by calling (248) 213-9514 in Michigan or (941) 222-2199 in Florida. You can also use our simple online contact form.