Elder Abuse on the Rise

by | Dec 18, 2017

Friends, the Baby Boomers are aging.  With this generation entering the golden years, we see a rise in senior-related illnesses.  In fact, according to the Alzheimer’s Association, 1 in 10 of individuals age 65 and older is living with Alzheimer’s.[i]  Every 66 seconds in the United States, a person develops this disease.[ii]  Additionally, the Boomers control 70% of our nation’s disposable income.[iii]  You put these two truths together, and we also see a rise in elder abuse.

Elder abuse comes in a variety of forms – physical, sexual, financial, emotional – and includes situations where the vulnerable or elderly adults are not only abused but rather neglected and/or abandoned.  Unfortunately, according to the National Council on Aging, 1 in 10 adults age 60 and older have experienced some form of elder abuse.[iv]  Elder abuse is also vastly underreported.  According to the National Adult Protective Services Association, only 1 in 44 cases of financial elder abuse are reported.[v]  What makes this even more disturbing is that the perpetrators are often our most closely loved and trusted family members and friends.  Caregivers can begin to feel entitled, and while they may begin caring for an elderly individual with the best of intentions, people have a way of convincing themselves that they deserve certain perks for their care and services.  These “caregivers” then begin misappropriating the elder’s money and assets.  This type of exploitation can occur in several ways: (1) the misuse of a power of attorney, (2) the mismanagement of trust funds, (3) improper influence to alter a will, (4) improper influence to add a name to a bank account, (5) improper influence to add a name to real estate, (6) the personal representative’s failure to follow procedures or follow the estate plan, etc.

Well, how do we become aware of these types of exploitation, especially when we are likely predisposed to trust the caregiver?  As you would suspect, elder abuse and exploitation can often be difficult to detect.  However, signs of abuse and exploitation are present.  If your elderly or vulnerable loved one begins to show any of the following symptoms, start asking more questions:

  1. Physical injury such as bruises or abrasions
  2. Depression
  3. Sudden withdrawal from usual interests or activities
  4. Sudden disinterest in their financial affairs
  5. An inability to remember engaging in certain financial transactions
  6. Poor hygiene
  7. Weight loss

Likewise, if you notice the following about the caregiver, start asking questions:

  1. The appearance of a sudden increase in the caregiver’s financial status
  2. Condescending remarks to the elder or about the elder by the caregiver
  3. A sudden interest in befriending your loved one, without any reasonable explanation
  4. An attempt to isolate the elderly or vulnerable adult
  5. An attempt to geographically move the elderly or vulnerable adult

These cases often go underreported for a multitude of reasons.  The elder may simply be embarrassed.  They may fear retaliation.  They also may be completely unaware that they are being victimized.  Additionally, the family may not feel comfortable confronting the caregiver.  If you believe that an elderly or vulnerable adult is in immediate danger, notify the police or your local Adult Protective Services Agency.  Additionally, if you suspect potential elder abuse or exploitation, there are ways to investigate without putting yourself in danger or in an uncomfortable situation.  Contact Rebecca McNerney for more information.

[i]  2017 Alzheimer’s Disease Facts and Figures
[ii] 2017 Alzheimer’s Disease Facts and Figures
[iii] 2015 Baby Boomer Report US News and World Report
[iv] National Council on Aging
[v] National Adult Protective Services Association

DISCLAIMER: Yes, I am an attorney, but I’m not your attorney and your reading of this article does not create an attorney-client relationship between you and me. I am licensed to practice law in North Carolina and South Carolina, and I have based the information in this article on the laws of those two states and the United States. This blog contains general legal information only and should not be taken or relied upon as legal advice. All cases are unique and require a detailed analysis. Additionally, the laws are everchanging which causes certain pieces of article content to become outdated. You should consult with an attorney before you take any action in reliance on this information.