Unfortunately, elder abuse is far more common than we realize and may take various forms. Family members are the most prevalent offenders of elder abuse (57.9%), then friends (16.9%) and home care aides (14.9%), as reported by the National Center on Elder Abuse.
If you suspect an elderly family member is being abused, the first action is to guarantee their safety. You need to speak with an attorney immediately to learn about your legal options and ensure you aren’t making it harder to get the legal authority to safeguard your loved one from elder abuse by doing anything hasty. Unfortunately, well-intentioned family members can sometimes make matters worse for themselves when they take measures to protect a loved one by making themselves look like the offender.
Elder abuse and its regulatory framework can be quite complex. This guide will provide an overview of elder abuse law and explain why it is preferable to hire an attorney. Please continue reading to discover more about this topic.
What is Elder Abuse law?
This area of law arose to address and safeguard the interests of older adults and their loved ones. Legal safeguards and remedies are available for all vulnerable adults but are more robust for those 65 or older. The elder law comprises regulations about elder abuse, conservatorships, estate planning, Medicare program, and the like. If you are not much familiar with the law, you can appoint an elder abuse attorney to help you with the following types of elder abuse:
- Financial abuse is the inappropriate use of a senior’s financial assets to achieve private profit, gain, or advantage. This might involve the forgery and cashing of a check purportedly written by the older adult, the drafting of a check and the elder’s signature, or the forger’s accompanying older people to the bank to withdraw cash for the forger’s use.
- Physical abuse occurs when an older adult gets hurt, threatened, confined, or treated inappropriately.
- Nursing home abuse is when a particular nursing home fails to deliver the minimum standard of care. This is a complex issue, and you ought to consult an attorney specializing in elder abuse if you suspect neglect or abuse.
- Sexual abuse is defined as a sexual activity performed against the will of a senior citizen.
- Neglect is when an older adult is not given enough food, drink, shelter, or care. This abuse ranks as one of the most prevalent types of elderly abuse. Inadequate care could result in infection, malnutrition, dehydration, and bedsores due to lack of supervision. As a result, the older adult’s health might deteriorate rapidly in such circumstances. For instance, urinary tract infections (UTIs) are common in adults and could go undiagnosed, creating confusion that looks like dementia signs.
How an Elder Abuse Attorney Can Protect the Elderly
- They help prevent elder abuse or fraud
Elderly abuse takes numerous forms, including financial, physical, mental, and sexual harassment. It could also result due to abandonment or neglect. Therefore, their safety and well-being should be prioritized even though getting out of that situation can sometimes be challenging. Another family member or friend usually steps in to stop the abuse by engaging a reputable elder law attorney. These professionals can help you contact the appropriate parties, attempt to recover lost funds, or place your loved one in a secure environment as the legal proceedings take place.
- They assist and guide older adults on Medicare and Medicaid
Hiring a lawyer specializing in elder law is essential to navigating Medicare and Medicaid successfully. Medicare is a government health insurance program for seniors in the United States. Low-income Americans could be eligible for additional assistance paying for their long-term care through Medicaid.
The Medicaid and Medicare government programs can be quite complex, and elder law attorneys can provide personalized support to ensure you get the Medicaid coverage you need. They can help you understand the limits on who is eligible and what those limits are. Elder law attorneys will help you overcome these challenges so your loved one can begin their treatment as soon as possible.
- They help in planning long-term care
Deciding about your wishes before the onset of health problems becomes increasingly important as you age. Maintaining and developing a care plan for a loved one might be difficult if you do not have adequate funds in your accounts. Therefore, an elder law attorney can help determine the legitimacy of your family member’s need for assistance. If you don’t have the money for treatment, they can also advocate for you to receive help from government programs.
- They can help seniors to plan their will
In a will, an individual specifies how they would like their assets distributed after their death. An experienced elder law attorney can help you avoid financial and legal pitfalls while drafting your last will or executing other estate planning services.
An estate planner will help their client weigh their options when drawing up a trust or will. They provide expert legal advice while ensuring their client understands the consequences of any actions they take.
Concluding Thoughts
The level of care you or your loved one receives becomes increasingly essential as you age. There comes a point when it’s very crucial to prepare a strategy to guarantee your demands and wants will be met. When that time comes, it would be best to hire an experienced elder law attorney to help ensure a smooth, worry-free future planning process for all parties involved. Your loved one’s health could be at stake, so it’s essential to get the advice of a qualified attorney promptly.
