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What to do if someone is taking advantage of the elderly?

3 min read

According to the National Adult Protective Services Association (NAPSA), only one in 44 cases of elder financial abuse is ever reported. If you suspect an older loved one is being exploited, knowing exactly what to do if someone is taking advantage of the elderly is critical for their safety and well-being.

Quick Summary

If you suspect an elderly person is being exploited, immediately report it to Adult Protective Services (APS), inform their financial institutions, and contact local law enforcement, especially if there is immediate danger. Collecting evidence and documenting all concerns is crucial for a thorough investigation to protect the victim.

Key Points

  • Report Immediately: If the elderly person is in immediate danger, call 911. For non-emergencies, report suspicions to Adult Protective Services (APS) in your state [4, 5].

  • Document Everything: Keep detailed records of suspicious activities, dates, times, and conversations. This documentation is vital for investigations [5].

  • Contact Financial Institutions: Alert banks, credit unions, and credit card companies immediately if financial exploitation is suspected. They can help freeze accounts or flag suspicious activity [1].

  • Consult an Elder Law Attorney: For complex cases, an attorney can help with legal options, such as asset recovery, protective orders, or establishing a guardianship [5].

  • Provide Emotional Support: Victims often feel ashamed or isolated. Approach them with compassion and connect them with counseling or support groups [4].

  • Prevent Future Abuse: Implement long-term safeguards like legal protections (POA, trust), credit freezes, and regular monitoring of finances [4, 5].

In This Article

Recognizing the Signs of Elder Exploitation

Elder exploitation is a serious problem encompassing various forms, including financial abuse and neglect [3, 4]. Recognizing these signs is crucial for intervention, as victims may be hesitant to speak up due to fear or cognitive issues [4].

Financial Exploitation Red Flags

Financial exploitation, the most common type of elder abuse, involves the misuse of an older person's assets [1, 2]. Indicators include sudden, unexplained changes in bank accounts, unpaid bills despite having funds, or unexpected alterations to wills or powers of attorney [3, 4]. Other signs are the sudden appearance of new individuals controlling finances, missing valuables, or unauthorized use of credit cards [3, 4].

Psychological and Behavioral Warning Signs

Emotional manipulation often accompanies other forms of abuse [3]. Watch for increased fear or anxiety, unusual secrecy around specific individuals, a caregiver preventing visitors from seeing the senior alone, or the elderly person becoming withdrawn [3].

The Immediate Steps to Take

Immediate action is needed upon recognizing signs of exploitation to ensure the senior's safety [5].

Step 1: Secure Immediate Safety

If there is an immediate risk of physical harm, call 911 [5]. In other situations, try to separate the senior from the suspected abuser [4].

Step 2: Report to Adult Protective Services (APS)

APS investigates allegations of elder abuse and provides protective services [4]. You can find your local APS office through the Eldercare Locator [4]. Be prepared to share details about the situation, and remember that reporting can often be done anonymously [4, 5].

Step 3: Inform Financial Institutions

For suspected financial exploitation, contact the senior's banks, credit unions, and credit card companies immediately [1].

Comparison Table: Action Steps for Financial vs. General Exploitation

Action Financial Exploitation General Exploitation
Primary Reporting Agency Adult Protective Services (APS) & Financial Institutions Adult Protective Services (APS)
Immediate Danger Call 911 Call 911
Evidence Collection Gather bank statements, contracts, wills Document unusual behavior, injuries, or isolation
Legal Action Consult an Elder Law Attorney; freeze assets Consult an Elder Law Attorney for protective orders
Communication Speak to the senior away from abuser Speak to the senior in a private, safe space

Step 4: Contact Local Law Enforcement

Elder financial exploitation is a crime in many areas [2]. Filing a police report creates an official record that can be valuable for legal actions [5].

Step 5: Gather Evidence and Documentation

Document all incidents with dates and details, save financial records showing suspicious transactions, and note any changes to legal documents or signs of distress [5].

Navigating the Legal and Long-Term Recovery Process

Addressing elder exploitation requires long-term solutions for safety and recovery.

Legal Options and Safeguards

Consulting an elder law attorney can provide guidance on legal remedies such as restraining orders, civil lawsuits to recover assets, or establishing guardianship [5]. Family mediation may be an option in non-criminal disputes [4]. Legal tools like a durable power of attorney or a trust can help prevent future exploitation [4].

The Importance of Emotional Support

Victims of elder abuse often experience emotional trauma [4]. Offer support and understanding, reassuring them they are not to blame [4]. Counseling or support groups can help them process their experience [4]. Encouraging social engagement can also combat isolation often caused by abusers [4].

Long-Term Monitoring and Prevention

After intervention, implement safeguards to prevent future issues [4]. Regularly review financial statements and conduct thorough background checks on caregivers [4]. Educate the senior about scams and maintain open communication [4]. If scams were involved, report them to the Federal Trade Commission (FTC) at reportfraud.ftc.gov [5].

Conclusion: A Proactive Stance is the Best Defense

Taking action when you suspect an elderly person is being exploited is crucial. By recognizing the signs and reporting abuse to APS and law enforcement, you can help protect them [4, 5]. Combining reporting with documentation and long-term support offers the best chance for a positive outcome [5]. The goal is to empower and protect vulnerable seniors, ensuring they live with dignity and security [4]. Early intervention and ongoing vigilance are key in combating this abuse [4].

Frequently Asked Questions

A primary sign is a sudden and unexplained change in the elderly person's financial situation, such as unusual large withdrawals, transfers, or the appearance of new, unpaid bills despite having sufficient funds [3].

If there is immediate danger, call 911. For non-emergency reports, contact your local Adult Protective Services (APS) [4, 5]. For online scams, you can also file a report with the FBI's Internet Crime Complaint Center (IC3).

Yes, in most states, you can file a report with Adult Protective Services anonymously. Authorities will still investigate your concerns while protecting your identity [4, 5].

The process for reporting is the same. It is especially crucial to document evidence carefully and report to APS and law enforcement [4, 5]. An elder law attorney can also help with restraining orders or guardianship if needed [5].

Prevention includes talking openly about scams, implementing anti-fraud tools like credit freezes, establishing legal protections like a durable power of attorney, and actively monitoring financial accounts with the senior's permission [4, 5].

Neglect is the failure to provide an elderly person with basic necessities. Exploitation is the illegal or improper use of their resources for someone else's benefit, often for profit or advantage [4].

Legal options can include filing a civil lawsuit to recover stolen assets, obtaining a restraining order, and in severe cases, pursuing criminal prosecution [5]. An elder law attorney can provide guidance on the best course of action [5].

References

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Medical Disclaimer

This content is for informational purposes only and should not replace professional medical advice. Always consult a qualified healthcare provider regarding personal health decisions.