Combating Elder Abuse

Elder abuse is not a commonly talked about topic, but is serious and demands attention. 

Resources such as wills, trusts, powers of attorney and guardians can be a helpful resource for individuals who have loved ones living in nursing homes or assisted living facilities.  However, these resources can also be used to hurt, abuse or neglect the very person they are intended to protect.  Fortunately, most states have laws and regulations that are designed for the protection of elderly or disabled adults.

North Carolina, for example, has established the Protection of the Abused, Neglected or Exploited Disabled Adult Act.  This act is designed to protect disabled adults.  Anyone who knows or has a reason to believe a disabled adult is being abused, neglected or exploited has a duty to report the information to the Department of Social of Services director.  Once the DSS director receives a report of possible abuse, the director performs an evaluation of the situation to determine if protective services are needed. 

Anyone involved in the abuse of an elderly or disabled person could face severe consequences.  In many states, such conduct results in that person facing felony charges.  The amount of money or property in the action typically determines the level or seriousness of the crime.  Moreover, any persons or workers in a facility who are responsible for providing care for a disabled or elderly person could be criminally charged or sued in civil court for certain actions of abuse or neglect.    

See Bellonora McCallum, Legal Corner: Protecting the Elderly From Abuse, Exploitation, Your Daily Journal, Dec. 12, 2014.