Understanding Physical Elder Abuse: A Guide For California Residents

What Physical Evidence Should I Look For As A Potential Sign Of Abuse?

When looking for signs of potential abuse, it’s important to consider both specific physical evidence and general behavioral indicators. Remember to approach the situation with sensitivity and care. Seek professional help if you suspect abuse.

Specific Physical Signs

Unexplained Bruises, Burns, Or Scars

Look for injuries in unusual places or visible patterns that might suggest objects or restraints have been used. Recurring injuries or injuries in various stages of healing can indicate ongoing abuse.

Scratches Or Cuts

Unexplained scratches or cuts, particularly in areas that are not easily self-inflicted, should be suspicious.

Bedsores (Pressure Ulcers)

These are typically found on the heels, hips, lower back, and other areas that bear weight while lying down. They are often a sign of neglect, indicating that the person has not been moved or repositioned as needed.

General Appearance

Poor Hygiene

Unwashed hair, body odor, dirty clothing, or soiled bedding can indicate neglect.

Unkempt Appearance

Look out for clothes that are dirty, torn, or inappropriate for the weather or situation.

Medical Signs

Overmedication Or Under Medication

Overmedication is when the person appears overly sedated, confused, or “drugged out,” which may suggest inappropriate use of medications to control behavior. Under medication, on the other hand, is when they lack necessary medications, especially pain relief, indicating neglect or inadequate care.

Dehydration Or Malnourishment

Dry mouth, cracked lips, sunken eyes, or rapid weight loss can all indicate that the person is not receiving sufficient food or liquids, which could be due to neglect or abuse.

Behavioral And Psychological Indicators

Anxious

If the person appears anxious, fearful, or hesitant to speak in the presence of certain caregivers, they could be suffering from abuse from those very people.

Withdrawal Or Depression

Sudden withdrawal from social activities, loss of interest in usual activities, or signs of depression can also be due to abuse.

How Can Changes In Behavior Indicate Physical Elder Abuse?

Changes in behavior can often be subtle and varied, but they serve as critical indicators that something may be wrong. Again, approach the situation with empathy and caution, and seek professional assistance if you suspect elder abuse is afoot.

Increased Reservedness Or Seclusion

The victim may become unusually quiet, withdrawn, or reluctant to engage in conversations or other social activities. This behavior can indicate fear or trauma, where they might be intentionally avoiding interaction to prevent further abuse or to hide the signs of abuse.

Fearful Or Defeated Demeanor

The victim may also come off as overly anxious, scared, or show signs of distress, particularly around certain people or in specific situations. This can indicate that the elder is experiencing fear due to ongoing abuse or threats.

Aggressive Or Standoffish Behavior

The elder may become uncharacteristically aggressive, irritable, or defensive. These reactions can be a defense mechanism or a result of frustration and anger stemming from abuse.

Changes In Routine

Significant changes in daily activities or habits, such as a sudden hesitation to leave their room, changes in eating or sleeping patterns, or missing appointments. These changes might be attempts to avoid abusers or situations that trigger abuse.

Compliance With Abuser’s Requests

The elder may show unusual obedience or agreeableness, particularly if it seems out of character. This behavior might be a result of coercion, threats, or manipulation by the abuser.

Taylor Preston of Preston Law Group, P.C. in California is a dedicated advocate for victims of elder abuse. With years of experience handling sensitive cases involving physical and emotional mistreatment, Taylor has helped numerous families navigate the complexities of elder law. His commitment to justice and compassion ensures that his clients receive the protection and support they deserve.

If you suspect abuse or need legal guidance, contact Taylor Preston at Preston Law Group, P.C. for a confidential consultation. Let his command of the law work for you to ensure your loved one's safety and well-being.

What Should I Do If I Suspect Physical Elder Abuse In A California Nursing Home?

If you suspect physical elder abuse in a California nursing home, act promptly and thoughtfully to ensure the safety and well-being of the elder. Doing so can help protect them from harm and ensure that any abuse or neglect is addressed promptly. Here’s a general process of handling a situation you think could be elder abuse.

• Directly Communicate With The Victim

Begin by speaking with the person in private, if possible. Your goal at this point should be to understand what they’re experiencing. Encourage them to share their feelings and concerns, but be aware that they may not always feel safe or comfortable discussing things. Do your best to respect their autonomy and ability to make decisions. If they are capable, empower them to express their needs and preferences.

• Assess The Situation

Determine whether the elder can advocate for themselves or if they lack the capacity to do so. This assessment will guide your next steps. Try to ascertain if the issue is related to a specific staff member or if it indicates a broader, systemic problem within the facility, too.

• Contact The Facility

Raise your concerns with the facility’s administration. They are obligated to investigate and address any reports of abuse. Keep detailed notes of your observations, conversations, and any responses from the facility. This documentation will be crucial if further action is needed.

• File A Report With Relevant Authorities

You can file a report with Adult Protective Services (APS), which investigates allegations of elder abuse and neglect. Reports can be made anonymously, providing you with protection. Also consider contacting a local long-term care ombudsman, who can advocate on behalf of the elder and ensure that their rights are being protected. Ombudsmen are available in every nursing home.

• Seek Legal Advice

If you suspect that the elder is being abused, it may also be beneficial to consult with an attorney who specializes in elder law. They can provide guidance on legal options and potential actions to protect the elder’s rights.

How Can Medical Professionals Assist In Identifying Signs Of Elder Abuse?

Medical professionals are essential in combating elder abuse, as they are often in a unique position to observe and document signs of mistreatment. Their expertise, documentation, and mandatory reporting responsibilities ensure that instances of abuse are identified and addressed. They will be able to:

Conduct Thorough Examinations

Medical professionals can perform detailed physical examinations to identify signs of abuse, such as bruises, burns, fractures, or malnutrition. They can also assess changes in the elder’s behavior or emotional state, such as withdrawal, anxiety, or depression, which might be associated with abuse.

Geriatric specialists, in particular, focus on the health and care of older adults, and will be able to recognize subtle signs of abuse or neglect others may not. These specialists understand the common medical issues elderly patients experience and can more accurately distinguish between normal aging symptoms or injuries that may occur from accidental falls, as an example, and signs of abuse.

Document Key Findings

Medical professionals can document their findings and opinions in comprehensive medical reports. This documentation can include descriptions of physical injuries, observations of mental and emotional states, and any inconsistencies in the explanations given for the injuries.

Medical professionals are generally mandated reporters. This means they are legally required to report any suspicions of elder abuse to the appropriate authorities. This mandatory reporting can help ensure that cases of abuse are investigated and addressed promptly.

What Legal Protections Exist In California For Victims Of Elder Abuse?

California offers comprehensive protections for victims of elder abuse through its Elder Abuse and Dependent Adult Civil Protection Act, codified in the Welfare and Institutions Code. Providing a framework for protecting elders from various forms of abuse, outlining both criminal and civil remedies, including the ability to file restraining orders and civil complaints, the act aims to address and mitigate the risks faced by elderly and dependent adults. Certain provisions in it allow interested persons to act on behalf of elders, further strengthening these protections.

Criminal Protections

Under the Welfare and Institutions Code 15656, California outlines severe criminal repercussions for causing bodily harm or death to an elder, which can result in jail time or misdemeanor charges. The law also protects against financial abuse, which can also lead to imprisonment or fines for those found guilty of financially exploiting elders.

Civil Protections

Victims can file a civil complaint in court seeking injunctions and financial recovery for physical and financial abuse. Physical abuse includes neglect, isolation, abduction, and physical harm, whereas financial abuse is defined broadly to cover various forms of exploitation.

Restraining Orders

Victims can even request specific restraining orders against abusers for physical, financial, or other forms of abuse. As is the case with restraining orders generally, temporary restraining orders can be issued on the same day the request is made, providing immediate protection.

Legal Representation And Advocacy

The act also allows an interested person or someone acting on behalf of the elder to file for legal protection, recognizing that elders may not always be able to advocate for themselves. This ensures greater access to legal remedies for those who need assistance. The aim is to incentivize attorneys and advocates to take up cases of elder abuse, promoting greater legal support and protection.

When Elder Abuse Cases, Our Firm Takes A People-First Approach

One case from my experience as an elder attorney particularly stands out due to its severity and the profound impact it had on the person involved.

My client had a family member who was being horrifically exploited by a caregiver. The caregiver, along with their spouse, moved into the elder’s home under the guise of providing low-cost care. However, once they were living in the home, their true intentions became clear. 

They isolated the elder from her family, manipulated her emotions, and turned her against her loved ones. The caregivers began systematically taking her personal belongings, stealing cash from her safe, and neglecting her physical, medical, and emotional needs.

The psychological abuse was extreme—they threatened to abduct her to another country if she sought help. They also engaged in financial abuse by coercing her into signing a long-term caregiving contract that would ultimately transfer ownership of her house to them. Additionally, they updated her estate planning documents, naming themselves and their family members as agents and beneficiaries, tightening their grip of control over her life and assets all the more.

This manipulation caused the elder to become hostile and untrusting of her family, believing the caregivers’ false claims that her family did not love her or care for her. As we dug deeper into the case, the extent of the caregivers’ manipulation and exploitation became clear. We were able to uncover the evidence needed to support an elder abuse restraining order. 

Eventually, the case went to trial, where the elder bravely testified, advocating for herself despite the trauma she had endured. Her testimony was powerful and heartbreaking, making clear the nightmares and constant fear she lived with due to the abuse she suffered.

Ultimately, we won the trial. We secured a three-year restraining order against the abusers, nullified the fraudulent estate planning changes, and restored her original wishes. Unfortunately, while we were able to undo much of the damage, we could not recover the substantial amount of cash the caregivers had stolen—over $100,000.

The court ordered the abusers to pay my client’s attorney fees, and we managed to entirely remove them from the elder’s life. Despite this, the emotional and psychological scars remained. The elder continued to struggle with trust and fear, haunted by the trauma she had experienced in her own home. This case remains a stark reminder of the vulnerabilities many of our elderly face, as well as the importance of vigilance and legal intervention in protecting them.

This case serves as a powerful reminder of just how crucial it is to protect our loved ones from those who might take advantage of them. While justice was ultimately served, the emotional toll it took is a poignant reminder of why staying vigilant is so important. 

Having an advocate involved early on can make all the difference in ensuring that your loved ones are safe, respected, and well-cared for. Don’t hesitate to seek guidance—early support can be key in making sure they get the care they deserve and finding a way forward when challenges arise.

For more information on Understanding Physical Elder Abuse, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (949) 993-0639 today.