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IOWA CITY, IA — December 30, 2003 — Elder abuse is a serious problem that often goes undetected—it could be taking place in your community. According to a recent study published in the American Journal of Public Health, elder abuse is not only underreported, it is also treated inconsistently throughout the nation (Am J Public Health. 2003 Dec; 93(12): 2131–6).
The report looked at elder abuse laws in 50 states and the District of Columbia for the year 1999, examining abuse that takes place in the senior’s own home. State laws related to elder abuse often cover who is protected, who must report elder abuse, how elder abuse is defined, investigation requirements, and penalties. They may also include education requirements for caseworkers employed by a state Adult Protective Services, the agency generally charged with investigating mistreatment of seniors. Some states also set aside money for educating the public about elder abuse.
Elder abuse takes several forms, including physical, sexual, emotional, and financial abuse as well as neglect. The signs of abuse are not always easy to recognize (see Learn to Recognize Elder Abuse). Public education about elder abuse can help identify the problem. Therefore, it should come as no surprise that those states with elder abuse awareness campaigns had higher reporting rates for the crime.
States that required mandatory reporting of elder abuse cases investigated more of these complaints than did other states. If the states also imposed penalties for failure to report elder abuse, the investigation rate was even higher.
The study authors defined a “substantiated report” as one in which the state agencies concluded that elder abuse existed according to that state’s laws. They found that there were better investigations, and more substantiated elder abuse reports, when Adult Protective Services caseworkers handled only elder abuse cases rather than a combination of elder abuse and child abuse cases. They recommended separating the two types of cases, as well as more training about elder abuse for caseworkers. Other suggestions included improving state data collection, increasing research about the causes and prevention of elder abuse, and standardizing and improving elder abuse laws.
About 550,000 seniors per year are victims of elder abuse in their own homes (National Center for Elder Abuse, National Elder Abuse Incidence Study, 1998). Because of poor public awareness and lack of clear public health or practice guidelines, only one in five of these cases is reported and substantiated by Adult Protective Services.
These are our parents and siblings, not mere statistics. Protecting them from harm should be a priority. With that thought in mind, we suggest that you visit your elderly relative as often as possible. This will not only help your relationship, but also give you peace of mind about your loved one’s care and comfort. It is also important that you learn as much as possible about the symptoms of elder abuse, so that you can spot problems, whether they occur in the home, in a nursing home, or in an assisted care facility.
We have provided a description of the different types of abuse, ranging from financial abuse to violence. These sections will teach you how to recognize each form of abuse, as well as help you assist your relative in avoiding elder abuse in the first place. Also see Reporting Abuse for details about making your concerns known. Should you have a question about the legal rights of your elderly relative, please feel free to contact us at Brayton Purcell. We are experienced in all areas of elder abuse law, including nursing home violations and inadequate pain management issues. We consider it a privilege to assist you in defending the rights of seniors.
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