THE BASICS
WHAT IS ELDER ABUSE OR ABUSE
OF DISABLED (VULNERABLE) ADULTS?
(Click here
to go to the database of state laws)
"Abuse" includes many actions and non-actions:
Physical abuse is the use of physical force that may
result in bodily injury, physical pain, or impairment.
Physical abuse may include but is not limited to such
acts of violence as striking (with or without an object),
hitting, beating, pushing, shoving, shaking, slapping,
kicking, pinching, and burning. The unwarranted administration
of drugs and physical restraints, force-feeding, and
physical punishment of any kind also are examples of
physical abuse.
Sexual abuse is nonconsensual sexual contact of any
kind with an elderly person. Sexual contact with any
person incapable of giving consent also is considered
sexual abuse; it includes but is not limited to unwanted
touching, all types of sexual assault or battery such
as rape, sodomy, coerced nudity, and sexually explicit
photographing.
- Emotional or psychological abuse
Emotional or psychological abuse is the infliction
of anguish, emotional pain, or distress. Emotional
or psychological abuse includes but is not limited
to verbal assaults, insults, threats, intimidation,
humiliation, and harassment. In addition, treating
an older or disabled person like an infant; isolating
an elderly or disabled person from family, friends,
or regular activities; giving an older or disabled
person a "silent treatment"; and enforced social
isolation also are examples of emotional or psychological
abuse.
Neglect is the refusal or failure to fulfill any part
of a person's obligations or duties to an elder or
disabled adult. Neglect may also include a refusal
or failure by a person who has fiduciary responsibilities
to provide care for an elder or disabled person (e.g.,
failure to pay for necessary home care service, or
the failure on the part of an in-home service provider
to provide necessary care). Neglect typically means
the refusal or failure to provide an elderly or disabled
person with such life necessities as food, water, clothing,
shelter, personal hygiene, medicine, comfort, personal
safety, and other essentials included as a responsibility
or an agreement.
- Financial or material exploitation
Financial or material exploitation is the illegal
or improper use of an elder's or disabled adult's fund,
property, or assets. Examples include but are not limited
to cashing checks without authorization or permission;
forging an older or disabled person's signature; misusing
or stealing an older or disabled person's money or
possessions; coercing or deceiving an older or disabled
person into signing a document (e.g., contracts or
a will); and the improper use of conservatorship, guardianship,
or power of attorney.
Abandonment is the desertion of an elderly or disabled
person by an individual who has assumed responsibility
for providing care or by a person with physical custody
of an elder or disabled person.
Self-neglect is characterized as the behaviors of
an elderly or disabled person that threaten his/her
own health or safmeety . Self-neglect generally
manifests itself in an older or disabled person's refusal
or failure to provide himself/herself with adequate
food, water, clothing, shelter, safety, personal hygiene,
and medication (when indicated). The definition of
self-neglect excludes a situation in which
a mentally competent person (who understands the consequences
of his/her decisions) makes a conscious and voluntary
decision to engage in acts that threaten his/her health
or safety.
WHO ARE THE VICTIMS?
States define by law who is considered a victim
of elder/vulnerable adult abuse.
All
states have laws covering abuse of elders, which
means someone 60, 62, or 65 years of age and older
as defined in that particular state law. Some laws
cover only " vulnerable" elders, using various
definitions of "vulnerable" to mean having certain
disabilities or medical conditions or being particularly "frail." Most
state vulnerable adult abuse laws also cover people
with disabilities age 18 and over. Which disabilities
make someone fall into the "vulnerable" category varies
from state to state. (Click here to go to the database
of state laws)
That does not mean that because you don't
fall under your state's definitions, you are not a
victim of abuse; the emotional, physical, and financial
consequences of being abused are just as bad for someone
who does not meet their state law's definitions as
they are for someone who does fall within the definitions'
scope. But those state definitions can govern what
your abuser may be charged with and what services may
be available to you. Anyone call fall victim to elder or disabled
adult abuse.
Some sources say the "typical" or "average" elder
abuse victim is white, female, and above a certain
age. There are currently more white elders in the
U.S. than there are elders of any other race, and
there are more female elders in the U.S. than male
elders, so it makes sense that more of them, numerically,
are abused. Some studies do show that rates of
elder abuse rise as ages rise -- in other words, a
95-year-old elder is more likely to be abused than
a 65-year-old elder. This may be because some abusers
hope a much older person will die or develop dementia
before the crime is discovered.
But the truth is, elders and adults with disabilities
of all ages, both genders, all racial backgrounds,
all incomes, and all education levels can and do
become the victim of someone who decides to hurt
them or who assumes care for them but is unable to
handle the demands. Being weak, confused, lonely, "tricked," or
anything else is not the reason someone gets abused,
neglected, or exploited. The reason someone gets abused,
neglected, or exploited is because someone made a decision
to hurt her or him or let him or her be hurt.
Studies do show that adults with disabilities are
many more times likely to be victimized by someone
else than are adults without disabilities. This is
probably a result of the abusers thinking people with
disabilities are less likely to fight back or be believed
when they report a crime.
WHO ARE THE ABUSERS? Abusers can be family members, paid caregivers,
neighbors, lawyers...anyone.
Because there is no federal agency that collects and
compares data from all of the state agencies that handle
different types of abuse, neglect, or exploitation
of elder and disabled adults in all the settings in
which they reside, we really don't know what type of
person is most likely to become an abuser. Studies
of the abuse of elders living in private homes show
that the vast majority of their abusers -- between
75 and 90 percent -- are family members: spouses, adult
children, grandchildren, siblings. But many elders
and adults with disabilities are abused by non-family
members.
We do know that people who abuse drugs or alcohol,
or who are dependent on the elder or disabled adult
for their income, seem to be more likely to become
abusers. But stable, well-regarded family members
can also decide to take "their inheritance" before
it is spent or hit a grandfather who isn't doing
what they want them to do. Paid professionals like
accountants, lawyers, and insurance agents also sometimes
abuse their positions to take advantage of an elder
or disabled adult.
WHAT CAN BE DONE ABOUT ABUSE? Legally, you may be required to report
suspected abuse.
Most states have what is called "mandatory reporting." That
means that certain types of professionals or, sometimes, "anyone" must report
to police and/or adult protective services when they
suspect someone is being abused. If you do not, you
could be prosecuted (although that is rare, except
in cases of abuse in institutions like nursing homes).
Reporting can always be done anonymously, and your
identity is always kept secret. If you report your
suspicions and it turns out nothing is wrong, there
are no consequences for you. The only exception to
this is if you knowingly place a file report in order
to harass someone. In all other states, reporting is
strongly encouraged, so that professionals can help
assess what's going on and get help in if it is needed.
(Click here to go to the database of state laws)
Many systems offer services to elder and disabled
adult abuse victims.
Most states have an Adult Protective Services (APS)
or Elder Protective Services, usually at the county
level, that receives and investigates report of elder
or disabled adult abuse. Many types of abuse are crimes,
and so the police sometimes get involved. Long-term
care ombudsmen help resolve abuse and neglect complaints
in nursing homes, and protection and advocacy services
address problems in residential facilities for adults
with disabilities. For more information on what agencies
are involved in addressing abuse and how you can locate
the one in your state or area, go to ASAAPS' reporting
section.
Be a good friend.
People who are abused, neglected, or exploited often
feel ashamed, angry, fearful, confused, and lots more
emotions. You can be most helpful by listening to their
feelings, believing what they say, supporting their
right to continue to make decisions for themselves,
and accompanying them as they move through the service
and criminal justice systems. What is not helpful
is: blaming them for what happened; questioning how
they could have "let" it happen; making them move
or give up banking or activities; and taking control
of their lives. Changes in ability are nearly inevitable
with advanced age, and the experience of abuse may
make people notice changes they had overlooked before.
Nevertheless, becoming the victim of abuse, neglect,
or exploitation does not mean the person is automatically
incapable of staying in charge of their lives.
What they most need is for those around them to not
blame them, not take control of their lives
Be an advocate.
For the most part, the systems that have been set
up to help elders and adults with disabilities who
are victims of abuse are under-funded, under-trained,
and often lack the legal tools they need to do what
we want them to do.
You can help by being aware of what legislation is
pending that would either help or hurt prevention and
intervention systems and efforts, and then making your
opinion known to your elected representatives. To see
ASAAPS' listing of some of the relevant pending Federal
and state legislation, click here.
CAN ABUSE BE PREVENTED?
There are many ways to lower your risk of
being a victim of abuse.
Even though it is the abuser's decisions,
not the victim's, that cause abuse, there are some
things you can do to lower your risk of becoming a
victim. For more information about how you can help
protect yourself, go to ASAAPS' prevention section.
There are also many things that family and community
members can do to help protect older and disabled loved
ones. For more information on these techniques, go
to ASAAPS' prevention section.
National Center on Elder Abuse, The
National Elder Abuse Incidence Study Final Report, Administration
for Children and Families and Administration on Aging,
1998. These definitions were developed through a
four-step process: analysis of then-current state
definitions of domestic elder abuse; the convening
of local roundtables of practicing professionals
to gather firsthand knowledge about how elder abuse
is detected, reported, and investigated; a critical
review of preliminary definitions by a group of elder
abuse experts; and a pilot field testing of the consensus
definitions. ASAAPS has adapted them to also pertain
to the abuse of younger disabled adults.
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