|
| |
Elder Abuse
When older people; parents, relatives or other loved ones for example, test your
patience and you hurt, exploit or neglect them, you are breaking the law.
When their assets or income begins to look tempting and you help yourself without
permission, you are committing elder abuse.
When you neglect the basic needs of a person over the age of 60 who is dependent on you
and you are responsible, you are abusing an elder.
When you see or know about any of this happening, you should report it. It's easy to do
and it does get results. Experienced professionals are trained to stop the abuse while
addressing the cause. Solutions may include in-home care, adult day care or alternative
living arrangements. A host of services are available to help ease the stress and correct
the problem
Elder Abuse is a pattern of coercive control that one person exercises over an elderly
person 60 years of age or older. Types of elder abuse include:
Financial Exploitation - forcing an older person to sign over money such as Social
Security checks, savings accounts, etc., or property such as a home or real estate.
Destroying property, prized possessions, taking money, depriving money, or restricting
access to household finances.
Physical Abuse - handling an older person roughly, slapping or hitting the person.
Inflicting physical pain or injury upon an older person.
Emotional Abuse - verbal assaults, insulting, threatening or calling an older person
names, harassment or intimidation.
Neglect - denying an older person food, medical care, clothing, shelter or social contact;
forcefully confining or restraining an older person.
Sexual Abuse - forcing an older person to be sexually intimate. This could mean touching,
fondling, intercourse, or any other sexual activity with an older adult, when the older
person is unable to understand, unwilling to consent, threatened or physically forced.
Victims of abuse are often isolated, and they may be afraid or unable to seek help for
themselves. In many case, the only person outside the family who sees the victim is a
health care professional, home care provider, financial institution, or other helping
professional. Therefore, it is critical that individuals know how to report cases of
abuse, neglect, or financial exploitation for investigation and services.
The Elder Abuse and Neglect Act provides that people, who in good faith report suspected
abuse or cooperate with an investigation, shall be immune from criminal or civil liability
or professional disciplinary action. It further provides that the identity of the reporter
shall not be disclosed except with the written permission of the reporter or by order of a
court. Anonymous reports are also accepted.
Effective January 1, 1999 the State of Illinois requires mandatory reporting for certain
licensed professionals such as physicians, nurses, psychologists, dentists, social
workers, pharmacists, podiatrists or nursing home administrators among others. This law
dictates that these professionals must report for anyone 60 years of age or older who,
because of dysfunction cannot self report. A professional may report a suspected elder
abuse situation by calling 1-800-252-8966 or 1-800-279-0400 (after hours). Within PLOWS
service area of Palos, Lemont, Orland and Worth townships you may call (708) 422-6722
Monday through Friday between the hours of 9:00 am and 5:00 pm.
The State of Illinois Department on Aging reports:
Abuse
Physical 23%
Sexual 4%
Emotional 45%
Confinement 8%
Neglect
Passive 35%
Willful 10%
Financial Exploitation 51%
The State of Illinois Department on Aging also reports that the typical victim is a 78
year old woman with multiple impairments. (75% of victims are women/25% are men).
The typical abuser is an adult child with substance abuse and financial problems. (50%
male/female, 50% primary caregiver, 8% paid caregiver.)
Abuser types, based on findings by Holly Ramsey-Klawsnik, Ph.D., are usually well
intentioned, over stressed; incapable; self centered, lacks concern; abusive, tries to
control others; or sadistic, enjoys hurting others.
Elder Abuse can happen in private homes, board and care homes or retirement settings. It
may also happen in nursing homes and shelter care homes.
Ways to Protect Yourself Against Physical and Financial Abuse
The Cook County Legal Assistance Foundation, a private, not-for-profit organization
providing, free legal services to low-income, elderly, and disabled residents of suburban
Cook County, provides a list of ways to protect oneself against physical and/or financial
abuse, some of which is included here.
Power of Attorney - If you are being abused financially, name someone you trust to handle
your financial and personal matters by giving that person a power of attorney for property
which allows him or her to handle matters on your behalf. A power of attorney can be
revoked at anytime.
Payeeships - If your income is from Social Security, SSI, Railroad Retirement, VA
benefits, or Public Aid, you can name someone you trust to receive the funds for you. The
"representative payee" must pay your living expenses using your income.
Direct Deposit - If it is difficult for you to get to the bank or your mailbox is not
secure, you can arrange to have your checks deposited directly into your bank account by
contacting the agency that pays your benefits.
Changing Names on Bank Accounts - Sometimes it is helpful to hold funds in a joint account
with someone you trust. This joint account holder can then help you to manage your money.
Unfortunately, a joint account leaves you open to possible financial abuse by the joint
account holder. If this happens, ask your bank to reopen the account in your name only so
your funds will be protected.
Trusts - A trust is the transfer of your property to a "trustee" who can be a
friend, relative, or a bank. The trustee is legally bound to use the funds in the trust in
your best interest. This is particularly helpful in long-term financial abuse situations
because it removes all of your property from the reach of the abuser.
Eviction - If you are being abused by someone who lives with you, you can ask the court to
remove this person from your home so long as they do not have an ownership interest in the
property. An eviction is a civil action only and therefore does not give the abuser a
criminal record.
Trespass - If a guest in your home is abusing you and refuses to leave, you can call the
police and ask to have the person removed.
Involuntary Commitment - If someone who is abusive towards you needs psychiatric help, you
can petition the court to place the abuser in a mental health center for treatment until
the abuser no longer is a danger to self or others.
Divorce or Legal Separation - If your spouse abuses you, wastes marital assets, or incurs
non-marital debts, you may seek a divorce or legal separation.
Civil Order of Protection - If someone is abusing you, whether it is financially or
physically, you can petition the civil court to stop the abuse. This is called an order of
protection. You can ask to recover money and property that the abuser took from you, and
for exclusive possession of the home. You can also recover the damages for any injury you
may have suffered.
Criminal Remedies - If someone is hurting you physically or taking your money without your
consent, you can file a criminal complaint by calling your local police department. The
States Attorney may represent you and the abuser may be criminally prosecuted. You can ask
for the same protections that you could receive in a civil case.
Contact Information
PLOWS Council on Aging is available Monday thru Friday from 9:00 AM to 5:00 PM
- Telephone
- 708-422-6722
- FAX
- 708-422-8475
- Postal address
- 4700 West 95th Street, Suite 106, Oak Lawn, Illinois 60453
- Electronic mail
- General Information: xplowsx@ameritech.net
Webmaster: xplowsx@ameritech.net
-
|
PLOWS Council on Aging
