What is Elder Abuse?
Any willful act perpetrated against a person 65 years of
age or older or a dependent adult between the ages of 18
and 64 who has incapacitating physical of mental limitation,
in which the elder of dependent adult is subjected to physical
pain or mental suffering, or is knowingly permitted to suffer
such that his or her person or health is endangered. This
includes financial exploitation or fiduciary abuse by a
caretaker or person in a position of trust.
Types of Elder Abuse:
| Physical |
Isolation |
Financial Exploitation |
Mental or Psychological |
| Sexual |
Verbal |
Threats of Assault |
Deprivation of Basic Needs |
| Neglect |
Theft |
Cruel Punishment |
Physical Violence |
Causes of Elder Abuse:
| Caregiver Stress |
Family Violence |
Pathological Abuse |
| Substance Abuse |
Financial Depedency |
Physical Dependency |
Misconceptions About Elder Abuse
"The victim won't be able to testify, so there cannot be a criminal case."
If a doctor's testimony or medical records prove the
victim was not competent at the time of the transaction, and other
evidence shows the suspect knew of this condition, a case may proceed
without the victim's testimony. However, if the case involves other
theories - such as theft by threats, duress, misrepresentations,
or false promises, or embezzlement of property entrusted for certain
purposes - the testimony of the victim may be necessary.
"The elder signed a Power of Attorney for the suspect, so the suspect
could do what he/she wanted with the property."
If the elder was not competent when she signed the Power of Attorney,
and the suspect knew this, the Power of Attorney cannot be considered
a gift of valid consent. In addition, most Powers of Attorneys state
that transactions will be done for the "use and benefit"
of the person giving the Power of Attorney. Even if this language
is not present, it should be argued that it should be implied as
a matter of law unless there was a clear and knowing intent to gift
certain property. Thus, there may be embezzlement if the suspect
used or converted property for his own benefit.
"The
suspect was on the bank account, so we cannot prove theft of money
from the account."
The victim may have had a specific agreement with the suspect that
the suspect could use the money only for certain purposes. Use of
the money for other purposes is embezzlement. The victim may not
have been competent when the suspect was placed on the account.
