It can be difficult enough watching an elderly loved one struggle with the physical and/or mental deterioration that goes along with aging. Worrying about how caregivers are treating an elderly loved one adds another layer onto normal concerns about older family members. If you begin to suspect that your loved one is being abused or neglected, however, it is time to act. To help you decide how to proceed, the Grand Forks elder law attorney at Thompson Law explains what you can do if you suspect elder abuse or neglect in Minnesota.
Do You Suspect Elder Abuse?
Whether it is an at-home drop in home health aid or a fully staffed nursing home, you may be dependent on someone else to provide care for an elderly loved one. No matter how carefully you screen the caregivers or facility, elder abuse and neglect are always possible. In fact, experts estimate that one in 10 older adults will experience some form of elder abuse every year. With that in mind, watching for common signs of elder abuse and neglect is always wise. Changes in mood, weight loss, unexplained bruising or injury, and money or items missing are some of those common signs. If you start to suspect that your loved one is the victim of elder abuse, there are things you can do to address the problem.
Confirming Your Suspicions
Ideally, you should try to confirm your suspicions before moving forward; however, that is not always easy to do. Victims of elder abuse frequently do not report the abuse because they are embarrassed to be a victim and/or because they are afraid of their abuser (and are often dependent on the abuser). Nevertheless, try and talk to your loved one about your concerns and get confirmation when possible. You may also try to meet with a supervisor or administrator to discuss your suspicions. Unfortunately, going up the proverbial “food chain” may not be as productive as it should be if the supervisor/administrator is more concerned about liability than about stopping the abuse or neglect.
The Minnesota Vulnerable Adults Act
Minnesota law specifically addresses the issue of elder abuse and neglect in the “Minnesota Vulnerable Adults Act.” Governed by Minnesota Statutes Section 626.557, subdivision 4, the Act requires mandatory reporting, stating, in pertinent part, as follows:
“…a mandated reporter shall immediately make a report to the common entry point. To the extent possible, the report must be of sufficient content to identify the vulnerable adult, the caregiver, the nature and extent of the suspected maltreatment, any evidence of previous maltreatment, the name and address of the reporter, the time, date, and location of the incident, and any other information that the reporter believes might be helpful in investigating the suspected maltreatment.”
The Act not only requires certain individuals to report suspected abuse but also provides provisions for investing and reporting on elder abuse and neglect as well as penalties for a violation of the Act.
Reporting Elder Abuse and Neglect in Minnesota
In 2015, Minnesota created a statewide hotline for people to report mistreatment of vulnerable adults. The hotline is called the Minnesota Adult Abuse Reporting Center (MAARC). MAARC is open 24 hours a day, seven days a week, and can be reached by calling (844) 880-1574 or via email at dhs.adultprotection@state.mn.us. A report to MAARC can trigger notification to the local county social services for immediate protective services, notification to local law enforcement for a criminal investigation, and referral to agencies such as adult protective services for follow-up assistance.
Consult with an Elder Law Attorney If You Suspect Elder Abuse in Minnesota
In addition to reporting the suspected abuse or neglect to all relevant agencies, you should consult with an experienced elder law attorney. While elder abuse can be a criminal offense, it can also serve as the basis for a civil lawsuit. You may also need to discuss becoming your loved one’s guardian so you can take legal action on his/her behalf when necessary.
Contact Grand Forks Elder Law Attorneys
Please view one of our On-Demand webinars for a free consultation. If you have additional questions or concerns about what you can do if you suspect elder abuse or neglect in Minnesota, contact the Grand Forks elder law attorney at Thompson Law by calling 605-362-9100 to schedule an appointment.
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