As the population ages in the United States, more seniors are becoming vulnerable to various forms of elder abuse, often at the hands of those they trust. Understanding what elder abuse entails, recognizing the signs, and knowing what to do if you suspect abuse are critical steps in protecting your elderly loved ones. An attorney at Thompson Law provides a comprehensive guide to understanding elder abuse in North Dakota.
The Aging U.S. Population
In recent decades, the older population in the U.S. has exploded. In fact, the over 65 demographic in the U.S. grew nearly five times faster than the total population over the 100 years from 1920 to 2020, according to the U.S. Census Bureau. Unfortunately, more older Americans also equates to more potential elder abuse victims. Making matter worse is the fact that elderly victims often fail to report abuse or neglect. According to the National Council on Aging (NCOA), up to five million older Americans are abused every year, and the annual loss by victims of financial abuse is estimated to be at least $36.5 billion, yet fewer than one in 24 instances of elder abuse are ever reported.
Types of Elder Abuse
Elder abuse can take many forms, some more obvious than others. Common types of elder abuse include:
- Physical Abuse: This involves the use of force that results in physical injury, pain, or impairment. It can include hitting, slapping, pushing, or even the inappropriate use of restraints. Physical abuse often leaves visible signs such as bruises, cuts, or fractures.
- Emotional or Psychological Abuse: This form of abuse involves verbal or non-verbal behavior that causes emotional pain, distress, or psychological harm. Examples include threats, intimidation, humiliation, or isolation. Emotional abuse can be subtle and difficult to identify, making it particularly harmful.
- Sexual Abuse: Although people are often uncomfortable thinking about, much less discussing, sexual abuse of the elderly, it does happen. Sexual abuse involves any non-consensual sexual contact with an elderly person. This can include unwanted touching, sexual assault, or coerced nudity. Elderly individuals with cognitive impairments are especially vulnerable to this type of abuse, making it important to be aware of the potential for sexual abuse and watch for signs that might indicate an elderly loved one is the victim of sexual abuse.
- Financial Exploitation: Financial abuse occurs when someone illegally or improperly uses an older person’s funds, property, or assets. Common examples include forging signatures, stealing money or possessions, or manipulating the elderly person into changing their Will or financial documents. According to data released by the U.S. Department of Justice, financial exploitation is the most common form of elder abuse, impacting approximately 5.2 percent of the older population. For every one instance of elder financial abuse that is reported, however, it is believed that as many as 44 go unreported.
- Neglect: Neglect involves the failure to fulfill a caretaker’s obligations, leading to harm or the risk of harm to the elderly individual. Neglect can be intentional, such as withholding food or medical care, or unintentional, due to a lack of knowledge or resources.
- Abandonment: This occurs when a caregiver deserts the elderly person, leaving them without the necessary care or supervision. Abandonment is a particularly severe form of neglect that can have life-threatening consequences.
Signs of Elder Abuse
Recognizing the signs of elder abuse is crucial for taking timely action. The following indicators may suggest that an elderly person is being abused:
- Unexplained injuries: Bruises, cuts, fractures, or burns that do not match the explanations given or that occur repeatedly.
- Behavioral changes: Sudden mood swings, withdrawal from social activities, or increased anxiety and depression can indicate emotional or psychological abuse.
- Poor hygiene: A decline in personal cleanliness, unwashed clothes, or bedsores may be signs of neglect.
- Unusual financial transactions: Large or unexplained withdrawals from bank accounts, sudden changes in financial documents, or missing valuables could point to financial exploitation.
- Social isolation: If an elderly individual is isolated from friends, family, or regular activities, this could be a tactic used by the abuser to control and manipulate the victim.
- Malnutrition or dehydration: Weight loss, frequent hunger, or signs of dehydration can indicate neglect, especially if the older person relies on others for care.
- Fearfulness: If an elderly individual appears fearful, nervous, or evasive when certain individuals are around, this could be a red flag for abuse.
Steps to Take If You Suspect Elder Abuse
If you suspect that an elderly loved one is being abused, it is essential to act quickly to protect their safety and address your concerns. Steps to take include:
- Talk to Your Loved One: If possible, have a private conversation with your loved one to express your concerns. Be supportive and listen to what they have to say, but do not confront the suspected abuser directly, as this could escalate the situation.
- Document Your Observations: Keep a detailed record of the signs and incidents that led you to suspect abuse. Include dates, times, and descriptions of any injuries or concerning behavior. This documentation can be valuable if an investigation is initiated.
- Report the Abuse: In North Dakota, you can report suspected elder abuse to Adult Protective Services (APS) by calling their hotline at 605-362-9100. APS is responsible for investigating reports of abuse, neglect, and exploitation of vulnerable adults. You can remain anonymous when making a report.
- Call Law Enforcement: If the situation is urgent or you believe your loved one is in immediate danger, contact your local police department or dial 911. Law enforcement can conduct a welfare check and intervene if necessary.
- Consult with an Elder Law Attorney: Consult with an elder law attorney to discuss your legal options. Elder abuse is a crime; however, it can also form the basis of a civil lawsuit against an abuse or facility. You may also need to discuss guardianship if you need the legal authority to move your loved one to a safer environment.
Do You Have Concerns about Elder Abuse in North Dakota?
Please join us for an upcoming FREE seminar or webinar. If you suspect that an elderly loved one is the victim of elder abuse or you have questions about elder law issues, contact aNorth Dakota and Minnesota elder law attorney at Thompson Law by calling 605-362-9100 to schedule an appointment.
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