Can a Lawyer Help Prevent Elder Abuse?

Can a Lawyer Help Prevent Elder Abuse?

Every year, elders are abused, neglected, or exploited. This abuse is often inflicted by a caregiver, who may be a professional or a family member. In addition, abusers may act irresponsibly or take advantage of these characteristics to harm because elderly people are more vulnerable due to possible isolation, cognitive impairment, and frailty.

Elder abuse is a knowingly or negligent act that causes serious harm to an elderly person. Abuse of the elderly person is considered a crime, and those who do it may face enhanced penalties. An experienced elder abuse attorney can effectively help prevent elder abuse and support the victim for justice.

Types of elder abuse

While elder abuse can take many forms, the following are some of the most common types.

• The improper use of an elder’s financial resources for personal gain, profit, or gain is financial abuse. This could include forging the senior’s signature on a check and cashing it, writing the check and having the elder sign it, or taking the elderly to the bank to withdraw cash for their use.
• When a senior is injured, threatened, restrained, or treated inappropriately, this is considered physical abuse.
• When a nursing home fails to achieve the required standard of care, it is considered nursing home abuse. This is a complex matter, and if you suspect neglect or abuse, you should contact an elder abuse attorney.
• Any sexual act done on an elder against his or her will is considered sexual abuse.
• When a responsible party refuses to provide adequate food, water, shelter, or care to a senior, this is known as neglect. One of the most common types of elder abuse.
• Lack of proper care can include wandering, dehydration, malnutrition, infection, and bedsores due to a lack of supervision. These situations often lead to more severe health problems for the elder. Urinary Tract Infections (UTIs) are common among the elders, which go unnoticed, and can cause confusion that appears similar to dementia symptoms.

Warning Signs

Keep an eye for signs of abuse. Frequent arguments or tension between the caregiver and the elder, as well as changes in the elder’s personality or behavior, are general warning signs to look for if you suspect elder abuse. Look for bruises, scars, or sprains, as well as any physical indicators of abuse. Look for unsanitary living areas or major changes in the elder’s health. Keep a close eye on the elder’s money. If you feel that someone is abusing you, there are various other signs to look for.

Risk Factors

Abuse of the elder can occur anywhere at any time. It might happen at home, in a retirement, senior living, nursing home facility, or anywhere else. Seniors from all economic levels, cultures, and races are victims of elder abuse. Dementia and mental health, and substance misuse in both victims and abusers are common risk factors. Isolation, such as when an elder is cared for by a family member or a paid caregiver in the elder’s home, is also a major risk factor. The victims are more likely to be women and significantly older elders.

Can a Lawyer Help Prevent Elder Abuse? 

• Unfortunately, the majority of elder abuse cases go unreported. According to research, more than one out of every ten elders may be subjected to some form of abuse, yet only one out of every five cases is reported. Upshot? Only a small percentage of seniors who have been abused receive the help they require.
• Because of their increased vulnerability to undue influence and the willingness of family members, caregivers, or opportunists to take advantage of these vulnerabilities, the aging process brings with it complicated risks. Fortunately, there are laws and procedures in place to protect your loved one, the majority of which can be confusing. An elder abuse lawyer can assist you in creating the required documents to protect your loved one.
• The right choice to make is to hire an experienced professional on your side before your health is questionable and you end up in an abusive situation.
• The issue of an elder being abused is tricky. It could involve more than just improperly or illegally using an elderly person’s assets. Deception, negligence, and a breach of fiduciary duty are all examples. It is tough to handle this matter without the help of an attorney because there are various factors in play. When faced with an elder abuse case, many people turn to a lawyer to seek accountability for the abuser and preventive protection for the senior.
• An expert attorney can assist in ensuring that this does not happen again. An attorney will do more than only end the elder’s current abuse. Thanks to counseling, planning, and estate planning, you can feel assured that your loved one will not be abused again. It may be possible to end the current abuse without the help of a lawyer, but preventing future financial exploitation may be more difficult.

An elder abuse lawyer will craft the most efficient plan because:

1. The sole focus of their care will be on you, their client.
2. They will have access to various legal tools and strategies targeted to seniors’ goals and needs.
3. More often than not, an elder abuse lawyer will take a holistic approach to the legal advice they provide. They will consider critical concerns like housing, financial well-being, health, long-term care, and quality of life while putting together the right plan.
4. They will keep you updated on new information and issues affecting the elderly, allowing them to provide you with the best advice possible.
5. Elder abuse lawyers understand real-life problems that elders face, which allows them to recognize physical and mental difficulties, helping them empathize and be compassionate.
6. They will have a group of social workers, psychologists, professional fiduciaries, and other senior care professionals that can assist you should that need arise.
7. Unfortunately, the vulnerable nature of elders makes them very vulnerable to abuse and fraud. Meeting with an elder abuse attorney can assist your family in avoiding emotional and financial mistakes and remedy them once they have occurred.

Final Words

If you suspect elder abuse, the first step is to ensure that your loved one is safe. Next, you should immediately reach an elder abuse lawyer to discuss your legal remedies. Do not make your actions more challenging for you to gain the legal authority needed to protect your loved one.

Elder law covers and addresses all legal needs of the elderly and aged, particularly on preventing elder abuse of any type.

Disability and healthcare planning, guardianship and conservatorship, settlement, Medicaid and long-term health planning, and financial and personal elder abuse are all legal issues that need to be addressed. An elder law attorney can take care of all of these issues for you.

The lawyers for elder abuse will stop at nothing to ensure that justice is received.