Elder Abuse

Elder Abuse Defined

Elder abuse is a common problem among seniors, their caregivers, and their loved ones. One of the biggest issues surrounding elder abuse is the lack of consistent definitions across jurisdictions of what is and is not abuse. The Administration of Aging defines elder abuse as an umbrella term that encompasses, "the knowing, intentional, or negligent act by a caregiver or any other person that causes harm or a serious risk of harm to a vulnerable adult". The definitions provided below are from the Administration on Aging's National Center on Elder Abuse. It is essential, however, that all advocates read the precise statutory definitions of abuse in their state.

Physical Abuse

Physical abuse is the use of physical force resulting in bodily injury, physical pain, or impairment. Physical abuse may include such acts of violence as striking (with or without an object), hitting, beating, pushing, shoving, shaking, slapping, kicking, pinching, and burning. In addition, inappropriate use of drugs and physical restraints, force-feeding, and physical punishment of any kind are examples of physical abuse.

Financial Exploitation

Financial or material exploitation is the illegal or improper use of an elder's funds, property, or assets. Examples include cashing an elderly person's checks without authorization or permission; forging an older person's signature; misusing or stealing an older person's money or possessions; coercing or deceiving an older person into signing any document; and the improper use of conservatorship, guardianship, or power of attorney.

Emotional Abuse

Emotional or psychological abuse is the infliction of anguish, pain, or distress through verbal or nonverbal acts. Emotional/psychological abuse includes, but is not limited to, verbal assaults, insults, threats, intimidation, humiliation, and harassment. In addition, treating an older person like an infant; isolating an elderly person from his/her family, friends, or regular activities; giving an older person the "silent treatment;" and enforced social isolation are examples of emotional/psychological abuse.

Neglect

Neglect is the refusal or failure to fulfill any part of a person's obligations or duties to an elder. Neglect may also include failure of a person who has fiduciary responsibilities to provide care for an elder (e.g., pay for necessary home care services) or the failure on the part of an in-home service provider to provide necessary care. Neglect typically means the refusal or failure to provide an elderly person with such life necessities as food, water, clothing, shelter, personal hygiene, medicine, comfort, personal safety, and other essentials included in an implied or agreed-upon responsibility to an elder.

Sexual Abuse

Sexual abuse is non-consensual sexual contact of any kind with an elderly person. Sexual contact with any person incapable of giving consent is also considered sexual abuse. It includes unwanted touching, all types of sexual assault or battery, such as rape, sodomy, coerced nudity, and sexually explicit photographing.

Self-Neglect

Self-neglect is characterized as the behavior of an elderly person that threatens his/her own health or safety. Self-neglect generally manifests itself in an older person as a refusal or failure to provide himself/herself with adequate food, water, clothing, shelter, personal hygiene, medication, and safety precautions. The definition of self-neglect excludes a situation in which a mentally competent older person, who understands the consequences of his/her decisions, makes a conscious and voluntary decision to engage in acts that threaten his/her health or safety as a matter of personal choice.

Abandonment

Abandonment is the desertion of an elderly person by an individual who has assumed responsibility for providing care for an elder, or by a person with physical custody of an elder.

Abuse in Long Term Care Facilities

National organizations that work to prevent abuse in Long Term Care Facilities and Nursing Homes include A Perfect Cause, Adult Victims of Crime and Abuse in Residential Care Facilities, National Citizen's Coalition for Nursing Home Reform, and the National Long Term Care Ombudsman Resource Center. There are also a range of federal programs aimed at addressing this issue:

Nursing Home Compare through U.S. government Medicare website.

Nursing Home Quality Initiative through the Centers for Medicare and Medicaid Services.

National Clearinghouse for Long-Term Care Information run by the U.S. Department of Health and Human Services.

Training and Education

Elder abuse is more openly discussed than previously and education and training resources have increased significantly as social and scientific understanding about the various facets of abuse evolve. In every state there are victim advocacy groups that provide training to nursing home administrators, personal care assistents, nurses, caregivers, and ordinary people.

In 2004, the National Training Library for Adult Protective Services and Elder Abuse began collecting materials for an online catalog managed by the National Center on Elder Abuse. Materials are updated on a regular basis.

The National Center on Elder Abuse published a training resource inventory in 2002 that contains information about training materials available to the public and how to order them. The Training Resource Inventory breaks down available resources by subtopic and gives information on what audience the resource is geared towards. A Prevention Outreach Kit can also be found on the National Center on Elder Abuse website that is an advocacy resource for professionals in the field of elder abuse prevention.

Legislative Reform

The first national summit on elder abuse was held in Washington, D.C. in 2001. The event was sponsored by the National Center on Elder Abuse (NCEA) with support from the Administration on Aging and the Department of Justice, Office of Victims of Crime. The Summit resulted in twenty-one recommendations to confront elder abuse issues. National Center on Elder Abuse created the National Policy Summit on Elder Abuse: Creating the Action Agenda which cover the proceedings of the summit.

The US Senate Special Committee on Aging was created in 1961 and granted permanent status in 1971. The Committee studies issues, conducts oversight of programs, and investigates fraud and waste. The Committee issues findings and recommendations for reform to the Senate and occasionally publishes reports for general public study. Currently the Committee is examining issues concerning Medicare, emergency preparedness for seniors, affordable senior housing, and Social Security. On July 18, 2007, the Committee held a Listening Session entitled Abuse of our Elders: How We Can Stop It. The Committee website contains a webcast of the session and transcripts of testimonies.

The Elder Justice Act was introduced in the House and Senate on March 29, 2007. The Senate version of the bill, S. 1070, and the House version of the bill, H.R. 1783, are both currently in committees for markups and hearings. The Act calls for creation of an Office of Elder Justice at the US Departments of Health and Human Services, an Elder Justice Resource Center and Library, victim assistance, increased prosecution and training, model state laws, and enhanced programs to support underserved populations. The Elder Justice Coalition is dedicated to increasing awareness of the Elder Justice Act and advocate for more Congressional support, revisions, and eventual passage.

Reporting Elder Abuse

To report suspected abuse in a nursing home or long term care facility contact the local Long Term Care Ombudsman at http://www.ltcombudsman.org/.

To report suspected abuse in other situations contact local Adult Protective Services at http://www.ncea.aoa.gov/NCEAroot/Main_Site/Find_Help/Help_Hotline.aspx.

Residential Abuse Testimony

Residential Abuse Testimony