There are many scenarios in which individuals may come to suspect the abuse of an elder adult. Perhaps one of the children of an older adult witnesses a sibling mistreating them in their own home. Maybe family members visit someone living in a nursing home, only to witness staff members engaging in verbal or physical abuse.
Vulnerable older adults may not feel comfortable speaking up on their own behalf. They may not even realize that the experience they have had constitutes elder abuse. They often rely on others to act in their best interests. Family members, concerned neighbors and even professional caregivers may need to report elder abuse to the state.
What happens when someone makes a report of suspected elder abuse?
The state must respond promptly
The law in California imposes very strict obligations on Adult Protective Services (APS). The organization typically needs to respond to any reports of elder abuse within 10 days. Typically, APS must begin investigating as soon as possible.
That process could include conducting home visits, inspecting facilities, reviewing documentation submitted by reporting parties and seeking medical reports. If APS substantiates the allegations that elder abuse occurred, the state can then potentially intervene.
In some cases, it may be necessary to move a vulnerable older adult out of a care facility where they have experienced abuse or remove a caregiver from their home. Other times, a family member may need to move in with a vulnerable older adult to protect them from other family members or caregivers who have mistreated them.
APS can refer cases out for criminal prosecution in some cases, and the organization can also obtain emergency medical care and counseling for the abused older adult. The family of the adult enduring abuse may also be able to take action, especially when professional caregivers or facility workers were the abusers.
In some cases, taking legal action can be a way to recoup the expenses inspired by an elder abuse scenario. Holding caregivers and facilities accountable for physical elder abuse or financial abuse can compensate the person affected and create consequences for the abuser. The decision to involve authorities and possibly the courts can potentially help to protect those who are vulnerable due to medical challenges and/or advanced age.
