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What to do if you think someone is taking advantage of an elderly person?

4 min read

According to the National Council on Aging, approximately 1 in 10 Americans aged 60 and over have experienced some form of elder abuse. Knowing what to do if you think someone is taking advantage of an elderly person is crucial, as swift action can protect vulnerable individuals from serious harm.

Quick Summary

If you suspect an elderly person is being exploited, immediately document your observations, contact Adult Protective Services (APS) or law enforcement depending on the urgency, and report to financial institutions if needed. Prioritize the individual's safety and well-being by acting promptly and discreetly.

Key Points

  • Report to APS for Non-Emergencies: Contact Adult Protective Services to report suspected financial, emotional, or physical exploitation.

  • Call 911 for Immediate Danger: If the elderly person is in immediate physical danger, contact law enforcement right away.

  • Document All Suspicious Activity: Keep a discreet record of unusual financial transactions, changes in behavior, or signs of neglect.

  • Engage Legal Counsel: Consult an elder law attorney to explore options like revoking power of attorney or establishing a guardianship.

  • Alert Financial Institutions: Report suspicious bank activity to the senior's financial institution to stop further fraudulent transactions.

  • Protect Against Isolation: Encourage social engagement to reduce the risk of exploitation and keep a senior connected to a support network.

In This Article

The quiet crisis of elder exploitation

For many, aging is a time of increased vulnerability. While most caregivers and family members provide respectful and loving support, a concerning number of older adults become victims of exploitation. This can manifest as financial, emotional, or physical abuse, often perpetrated by someone in a position of trust. Understanding the signs and knowing the appropriate response is the first step in safeguarding a senior's dignity and well-being. It is a difficult and delicate situation, but inaction can lead to devastating consequences for the victim.

Recognizing the signs of exploitation

Identifying the warning signs is crucial for intervention. Abuse can be subtle and often goes unreported. Awareness of the following red flags can help you determine if an elderly person is being taken advantage of:

Financial red flags

  • Unusual financial activity: This includes unexplained withdrawals of large sums of money, sudden credit card charges, or the appearance of new bank accounts or loans.
  • Changes to legal documents: Abrupt and unexplained changes to a will, power of attorney, or other financial documents.
  • Unpaid bills: Despite having adequate funds, the senior's bills and expenses are left unpaid.
  • Sudden gifts or loans: The senior frequently gives large sums of money, valuable possessions, or "loans" to a specific person.
  • Isolation from financial management: The elderly person is prevented from accessing their own financial information or speaking with a financial advisor.

Emotional and behavioral red flags

  • Increased fear or anxiety: The senior becomes withdrawn, nervous, or suddenly scared around a particular caregiver or family member.
  • Isolation: The elderly person is suddenly cut off from family and friends. The suspected abuser may not allow visitors or phone calls.
  • Substandard living conditions: The senior lives in a hazardous, unsanitary, or unsafe environment, despite having the means for better care.
  • Depression or personality changes: The senior shows uncharacteristic signs of depression, agitation, or a lack of interest in their hobbies.
  • Hesitation to speak freely: The elderly person seems hesitant to talk openly, especially when the suspected abuser is present.

Taking immediate action

Your response should be based on the urgency of the situation.

  1. Assess the immediate danger: If the senior is in immediate physical danger, call 911 or your local emergency services right away.
  2. Gather documentation discreetly: Without confronting the suspected abuser, collect as much factual information as possible.
    • Document the dates, times, and specifics of any suspicious events.
    • Note any specific financial transactions, unexplained injuries, or changes in behavior.
    • Take photographs of living conditions if they are unsafe.
  3. Report to Adult Protective Services (APS): For non-emergency situations, APS is the primary agency to contact.
    • Find the local APS contact information for the senior's area through the Eldercare Locator or a quick online search.
    • Make a report detailing your concerns and the evidence you have collected.
    • APS caseworkers are trained to investigate reports and can provide resources.
  4. Contact law enforcement for non-emergencies: If you suspect a crime, such as theft, fraud, or assault, but the situation is not immediately life-threatening, you can file a report with the local police or sheriff's office.

Understanding your reporting options

Factor Adult Protective Services (APS) Law Enforcement
Best for... Non-emergency financial exploitation, neglect, or emotional abuse.
Caseworkers focus on providing protective services. Cases involving criminal acts like theft, assault, or fraud.
Focuses on investigation and prosecution.
Anonymity In most states, you can file an anonymous report.
Policies vary, but they protect the identity of reporters. It can be more difficult to remain anonymous, as some legal proceedings may require a witness.
Outcome APS determines if protective services are needed.
They cannot force an elder to accept help unless they are deemed incapacitated by a court. Law enforcement can initiate a criminal investigation and pursue charges against the perpetrator.
Speed Response time can vary depending on the perceived risk level.
High-risk cases are prioritized. Emergency situations (911) get an immediate response.
Non-emergency reports depend on police resources.

Seeking legal and financial assistance

Beyond reporting to protective services, consulting with professionals is a critical step to secure the senior's future.

  • Hire an elder law attorney: An elder law attorney specializes in legal issues affecting older adults, including estate planning, financial exploitation, and guardianship.
    • They can advise on revoking a power of attorney or setting up a conservatorship if the senior lacks the capacity to make decisions.
  • Alert financial institutions: If financial abuse is suspected, report it immediately to the senior's bank, credit union, or other financial institution.
    • They can flag accounts for suspicious activity, freeze assets, and in some cases, reverse fraudulent transactions.

Preventing future exploitation

Protecting a senior from repeat exploitation requires long-term planning and vigilance.

  • Promote social engagement: Isolation is a key risk factor for abuse.
    • Encourage the senior to stay active in social clubs, religious organizations, or community centers.
    • Ensure they have regular contact with trusted family members and friends.
  • Review legal documents: Regularly review important documents such as the will, power of attorney, and trusts to ensure they reflect the senior's true wishes and that the named individuals are trustworthy.
  • Implement financial safeguards: Consider joint bank accounts with a trusted adult child or other family member, or arrange for bills to be paid automatically by a trusted party. Many banks also offer programs to monitor seniors' accounts for suspicious activity.

For more in-depth resources and state-specific guidance on how to combat and prevent elder abuse, the U.S. Department of Justice's Elder Justice Initiative is an excellent resource. They provide information for victims, practitioners, and law enforcement here.

Conclusion: A community responsibility

Addressing elder exploitation is a collective effort. It requires a network of watchful family members, vigilant friends, and informed professionals. By recognizing the signs of abuse and taking decisive action, you can help protect the most vulnerable members of our society. Early intervention is key to stopping the cycle of abuse and ensuring seniors can live out their later years with the dignity and respect they deserve.

Frequently Asked Questions

Signs of financial exploitation include unexplained large withdrawals from bank accounts, sudden changes to wills or powers of attorney, unpaid bills despite adequate funds, and the disappearance of valuable possessions. The elderly person may also show fear or hesitation when discussing their finances.

Yes, in most states, you can file an anonymous report with Adult Protective Services (APS). While providing your contact information can be helpful for the investigation, your identity is typically protected. Check with your local APS agency for specific policies.

APS is the primary state agency responsible for investigating reports of elder abuse, neglect, and exploitation. If they substantiate the claim, they can provide a range of protective services and connect the senior with necessary resources, like legal aid or social services. They cannot, however, force an elder to accept services against their will unless they are deemed incapacitated by a court.

You should call law enforcement immediately if the elderly person is in immediate physical danger or if you suspect a serious crime has been committed, such as assault, theft, or fraud. In less urgent situations involving criminal behavior, you can also file a report with law enforcement in addition to contacting APS.

Reversing financial transactions depends on the circumstances and the type of transaction. It is crucial to report the issue to the senior's financial institution immediately. They may be able to freeze accounts or reverse fraudulent charges. An elder law attorney can also provide guidance on legal remedies for recovering lost assets.

Long-term protection involves several steps. Encourage social engagement, regularly review legal documents and powers of attorney, and implement financial safeguards like joint bank accounts with a trusted family member. Staying in regular contact with the senior is one of the most effective ways to monitor their well-being.

An elderly person might deny abuse out of fear of retaliation, shame, or because they are under the abuser's control. It is best not to confront the senior directly, as this may put them in more danger. Instead, report your suspicions to APS or law enforcement, who are trained to handle these sensitive situations and can investigate discreetly.

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.