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The Role of the Elder Law Attorney
With the aging of the American population, problems of the elderly have become more widespread. One unfortunate outgrowth of this development has been the increased frequency of abuse, neglect and exploitation of vulnerable adults. Abuse, neglect and exploitation are usually defined by state legislation, and the definitions may vary significantly. Typically, however, the terms may be defined as follows: "Abuse" typically refers to physical or sexual abuse. "Neglect" means failure to provide necessities. In most states, it is necessary to show that the wrong doer has a duty to provide for the victim. "Exploitation" is usually defined as taking financial advantage of a disabled or elderly victim. Because state law is much more important in preventing abuse, neglect and exploitation than federal law, rules and protections will vary tremendously from state to state. A few generalizations can be made about the issue, but concerned individuals should consult local authorities or an attorney familiar with elder law issues for more detailed information. What You Need To Know Abuse, neglect and exploitation are a growing phenomena. In many cases, the abuser is a family member or trusted, long-time friend. Problems even arise in controlled settings such as nursing homes, adult care facilities and congregate living arrangements. It is frequently very difficult to detect abuse. Typically, abusive behavior occurs in private and victims may be unable to describe the attacks. When reports are made, they are frequently not believed. A growing number of unscrupulous people prey consistently on vulnerable and incapacitated adults. Those familiar with the field report that the same individuals often appear as exploiters of multiple victims. Experts note that there are some signs of abuse, neglect or exploitation which might alert family members, concerned friends or professionals to the possibility of problems. Among the signs to watch for:
Most states require professionals who observe signs of abuse, neglect or exploitation to report their suspicions to the appropriate authorities. Depending on state laws, it may be a criminal violation to fail to make such reports. Those required to report their suspicions may include: nurses (and aides), social workers, psychologists, accountants, lawyers, bankers and others.
Where To Go For Help In most states, an agency has been established to deal with problems of abuse. The responsible agency may be called the Adult Protective Services, or the Department of Social Services, or another similar name. There are also agencies in every region, called Area Agencies on Aging, that provide assistance with locating resources for elders at risk. Your Area Agency on Aging will have more information on the structure of state protective agencies and other relevant programs.
The Role Of The Elder Law Attorney An attorney experienced in dealing with the problems of the elderly will be familiar with the problems of abuse, neglect and exploitation. In addition to taking steps to protect the victim from further abuse, an attorney may be able to secure the return of assets taken by the exploiter, or to recover damages for the injuries caused by abuse or neglect. In some states, special court proceedings and/or damages may be available to the victim of abuse, neglect or exploitation. If you or a loved one is a victim of abuse, neglect, or exploitation contact your local department of social services.
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