Elder Abuse in the Home

Family Members Responsible for Most Instances of Elder Abuse, Legislative Committee Says

WASHINGTON, D.C. — November 14, 2003 — Three out of five cases of elder abuse occur in the senior’s own home at the hands of family members. This shocking statistic may be difficult for many of us to imagine, but it is based on information collected in the year 2000 by the National Association of Adult Protective Services Administrators. The organization represents the heads of state and local adult protective service agencies that are responsible for responding to domestic violence calls and investigating elder abuse and neglect.

The elder abuse figure framed the discussion at a recent hearing of the U.S. Senate Committee on Aging. “Family abuse is, by far, the most common type of elder abuse and, with more than four out of every five of these cases unreported, the extent of this abuse extends far beyond what we know today,” said Sen. John Breaux (D–LA), ranking member of the Committee (Press Release, October 20, 2003). Committee members heard testimony from a victim of family abuse, law enforcement officers, an elder abuse consultant, and a Deputy District Attorney. Holly Ramsey–Klawsnik, a consultant to the Massachusetts Elder Protective Services Program, pointed out the need for:

• More medical and forensic personnel to investigate cases;
• More training for law enforcement officers to understand the needs of elder abuse victims, especially frail, disabled seniors;
• Increased financial support for adult protective services programs so that staff could perform better investigations and follow–up;
• Concrete programs providing emergency shelter and housing; and
• Available mental health and medical services.

Ms. Ramsey–Klawsnik said that passage of the Elder Justice Act would be a positive step in dealing with elder abuse, including that perpetrated by family members. The Act would develop a forensics program, support training for health professionals in geriatrics, and provide better data collection about elder abuse. (See Elder Justice Act Introduced in House). Joseph Snyder, Director of the Older Adult Protective Service at the Philadelphia Corporation for Aging, also supported the Elder Justice Act, commenting that it would provide a “federal home for adult protective services along with a consistent funding source.”

Sen. Breaux introduced the Elder Justice Act into the Senate as S.B. 333. The identical House Bill is H.R. 2490. For the full text of the Act, see Thomas Legislative Information, 108th Congress, scroll to “bill number” and search on H.R. 2490 or S.B. 333.

At Brayton Purcell, we keep up with the latest laws and proposed legislation in the elder abuse field. Should you have a question about the legal rights of your elderly loved one, please feel free to contact us. We are experienced in all facets of elder abuse law, including nursing home violations and inadequate pain management issues.

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• U.S. Committee on Aging Hearing Highlights Need for Elder Justice Act, S.B. 333:
  • “Family abuse is, by far, the most common type of elder abuse and, with more than four out of every five of these cases unreported, the extent of this abuse extends far beyond what we know today.”
    • Sen. John Breaux (D–LA), ranking member of the U.S. Senate Committee on Aging

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