Elder Abuse Awareness Is on the Rise | Los Angeles Estate Planning Attorney (2024)

There are an unprecedented number of people attaining senior citizen status at the present time in the United States. This is because of the fact that the baby boomer generation is getting older.

To understand the dynamic, consider the state of Social Security applications. The Social Security Administration is accepting approximately 10,000 applications for Social Security benefits each and every day. This volume is expected to continue into the foreseeable future.

If you are among the many boomers who are approaching retirement age, you should certainly prepare yourself for the eventualities that you may face. The best way to go about it would be to discuss everything in detail with a licensed elder law attorney. When you have this discussion, you will learn some eye-opening facts, and you can take steps to protect yourself.

Elder Abuse

One major elder law issue of our day is the matter of elder abuse. The abuse comes in various different forms, and it can take place in different milieus.

Clearly, this is a horrible phenomenon, and because it is such a disconcerting subject, the matter has been swept under the carpet to some extent over the years. At the present time, elder abuse is getting a lot more attention from the powers that be, and this is a very positive development.

One form of elder abuse is physical abuse, and there are also instances of sexual abuse that are reported. Neglect is another form of elder abuse that can enter the picture at times.

In addition to the physical abuse, there is also mental abuse. Seniors can be victimized by bullying, name-calling, and threatening, intimidating behavior. All of these forms of abuse can happen in the homes of elders, and there are also instances of elder abuse that occur in nursing homes.

The Financial Element

In addition to the physical and verbal forms of elder abuse, there is another major problem that has captured the attention of the geriatric community. Elder financial abuse is running rampant, and the estimated losses are staggering.

Back in 2012, the first really intensive study was done by the MetLife Mature Market Institute. At that time, they estimated annual losses due to instances of elder financial abuse at $2.9 billion. Clearly, this is a very big number.

However, last year a new study was conducted. True Link Financial is a company that provides financial tools for senior citizens and family members who are looking after elder relatives. They placed an estimate of $36.5 billion in annual losses.

It is difficult for researchers to be certain when they try to compile statistics defining the elder financial abuse problem. This is because of the fact that the vast majority of cases of elder abuse that are perpetrated are never reported to the authorities. The figure is just one out of every 44 cases according to the New York State Elder Abuse Prevalence Study.

A very significant percentage of senior citizens are victimized to one extent or another. The True Link study found that almost 40 percent of senior citizens lose money to financial abuse at one time or another. Around seven percent of these individuals suffered major losses that exceeded $10,000. Among these people, the average loss was $52,300.

Senior citizens are often victimized by family members, friends, and caregivers who help themselves to financial assets that are accessible to them. These are typically going to be crimes of opportunity, but there are also predatory entities out there who target senior citizens.

Telemarketing scams are not uncommon, and senior citizens are often willing to engage in conversations due to loneliness. This dynamic can also enter the picture when someone comes to the door offering some type of home improvement or investment scam.

Identity theft is also a big problem, and elders who are not very good at navigating the Internet may not be aware of the tools that can be engaged to monitor your identity. Speaking of the Internet, there are also swindlers who use messaging and e-mails to try to bilk seniors out of their hard-earned money.

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Caprice Collins

Attorney Caprice L. Collins is a top rated Harvard Law School graduate. She has 34 years of legal experience with a successful law practice devoted exclusively to Estate/Business Planning and Trust Administration. Attorney Collins is a well-respected keynote speaker on Wills, Living Trusts, Estate Planning, Business Planning and Trust Administration. She has appeared on California’s Real Estate Radio Station KTLK AM 1150 as a legal expert on Estate Planning and Living Trusts among many other notable media appearances.

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Elder Abuse Awareness Is on the Rise | Los Angeles Estate Planning Attorney (2024)

FAQs

How to raise awareness for elder abuse? ›

candlelight vigil, senior expo, rally, or other public forum? Show your support by attending and encouraging your friends and family to participate. Volunteer to distribute pamphlets or brochures. (You can download NCEA Fact Sheets by visiting www.ncea.aoa.gov ).

What is the statute of limitations for financial elder abuse in California? ›

Under California law, the statute of limitations for financial elder abuse is typically four years from when the abuse is discovered or reasonably should have been discovered.

What is the most common form of elder abuse is financial? ›

According to the NCOA, elders are more likely to self-report financial exploitation than emotional abuse, physical abuse, sexual abuse, or neglect. Psychological abuse is the most common type of elder abuse, according to the NCEA.

Why is elder abuse awareness important? ›

It also helps to educate the public about its prevalence, signs, and consequences. Be it through education, advocacy, and supportive interventions, the day encourages communities to provide support and assistance to older adults, who may have experienced abuse, neglect, or mistreatment.

What is the number one cause of elder abuse? ›

Dependency. In some cases, the elderly person becomes dependent to some degree on family members for assistance. Such dependency can tax the resources, both material and psychological, of family members and set the stage for abuse.

What are four 4 possible signs of elder abuse? ›

Signs of elder abuse
  • malnutrition and dehydration.
  • poor personal hygiene or dirty clothes.
  • untreated medical problems.
  • fearful, anxious, withdrawn or cowed behaviour.
  • unexplained and frequent injuries such as black eyes and broken bones.
  • unexplained bruises or cuts on the genitals or anus.

How do you prove financial elder abuse in California? ›

Gather as much evidence as possible.

You need hard evidence to prove that the suspect exploited the senior financially. This could include bank statements, copies of processed checks, or copies of legal documents.

Who can sue for financial elder abuse in California? ›

Some of the plaintiffs in an elder abuse lawsuit can include:
  • The elder or dependent adult;
  • Family members of the elder or dependent adult with power of attorney.
  • Successors of the estate;
  • Family members who witnessed the abuse;
  • Guardians of a dependent adult;
  • Spouses of the injured elder or dependent adult; and.
Jan 16, 2020

Who can sue for elder abuse in California? ›

Elder abuse can be charged as a misdemeanor or felony, with penalties varying based on the abuse's severity and the victim's age. Victims or their representatives can file lawsuits for elder abuse. The statute of limitations is two years for physical harm.

Which type of elder abuse is the most unreported? ›

Here are some notable statistics about sexual abuse among seniors: Sexual abuse remains the least reported type of elder abuse, according to data from the Department of Justice (DOJ) and the World Health Organization (WHO).

Who is the most common perpetrator of elder abuse? ›

In almost 90 percent of the elder abuse and neglect incidents with a known perpetrator, the perpetrator is a family member, and two-thirds of the perpetrators are adult children or spouses.

What are 5 signs of financial abuse of the elderly? ›

Warning Signs of Elder Financial Abuse
  • Checks or bank statements that go to the perpetrator.
  • Forgeries on legal documents or checks.
  • Large bank withdrawals or transfers between accounts.
  • Missing belongings or property.
  • Mood changes (such as depression or anxiety)
  • New changes to an elder's will or power of attorney.

What age is considered elderly? ›

Traditionally, the “elderly” are considered to be those persons age 65 and older.

What are the 7 signs of elder abuse? ›

WEAAD also published 7 signs of elder abuse that we all need to watch for:
  • Lack of basic amenities.
  • Cluttered, filthy living environment.
  • Unexplained or uncharacteristic changes in behavior.
  • Unexplained sexually transmitted diseases.
  • Unpaid bills, new credit cards, and/or increased cash withdrawals.

Where does elder abuse happen the most? ›

Elder abuse most often takes place in the home where the senior lives. It can also happen in institutional settings, especially long-term care facilities. It is estimated that more than 1 in 10 older adults experience some form of abuse.

How do you raise awareness and support? ›

I'm Addie with Anedot, and let's get started!
  1. Optimize your social media. ...
  2. Engage your audience with rich visual content. ...
  3. Consistently publish content. ...
  4. Collaborate to reach a new audience. ...
  5. Attend and showcase at popular events. ...
  6. Reach out to the media. ...
  7. Differentiate yourself. ...
  8. Organize exposure activities.

What can we do as a society to help prevent elder abuse? ›

Community Members
  1. Become involved in your local elder abuse prevention committee or network.
  2. Learn about local agencies and organizations that support older adults, and which ones intervene when abuse is reported. ...
  3. Watch for warning signs, if you suspect abuse, report it.

What is the color for elder abuse awareness? ›

Purple is the color designated for elder abuse awareness.

What are four strategies for preventing abuse? ›

Ten Things You Can Do to Prevent Child Abuse
  • Volunteer your time. Get involved with other parents in your community. ...
  • Discipline your children thoughtfully. ...
  • Examine your behavior. ...
  • Educate yourself and others. ...
  • Teach children their rights. ...
  • Support prevention programs. ...
  • Know what child abuse is. ...
  • Know the signs.

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