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Health & Fitness

Elder Abuse is Despicable and Illegal: How to Recognize and Report It

By Robert Eng, Member

Deputy Sheriffs’ Association of Santa Clara County

 

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Abusing an elderly person or a dependent adult is not only an ethically despicable thing to do, it’s a serious crime with significant legal penalties under California Penal Code Section 368 (a).

 

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The section describes it well:  “The Legislature finds and declares that crimes against elders and dependent adults are deserving of special consideration and protection, not unlike the special protections provided for minor children, because elders and dependent adults may be confused, on various medications, mentally or physically impaired, or incompetent, and therefore less able to protect themselves, to understand or report criminal conduct, or to testify in court proceedings on their own behalf.”

 

The California Attorney General’s office states that it’s “one of the most disturbing and rapidly growing areas of crime in the new millennium.” The state counts nearly 200,000 annual cases of elder abuse. This sad total is likely to grow because the numerous “baby boomers” are now close to retirement or have already retired.

 

Victims may not want to prosecute the person who is both taking care of them and hurting them for fear of retaliation, because they have nowhere else to go or because they think they won’t be believed. They may not even be aware that they are being abused.

 

Elder abuse is like drunk driving and domestic violence in a striking way. All three completely preventable crimes cross every socio-economic status, gender, ethnicity or educational background. No one is immune.

 

Older people can be abused physically, emotionally, financially or through neglect.  Fortunately, caring people can report the crime to the Santa Clara County Social Service Agency Adult Protective Services, or local law enforcement agencies in their jurisdiction.

 

TYPES OF ELDER ABUSE AND HOW TO RECOGNIZE THEM:

 

·       Physical Abuse: This includes physical or sexual assault, deprivation of food or water or inappropriate use of a physical or chemical restraint. Some of the warning signs are uncombed or matted hair, poor hygiene, malnutrition or dehydration, bad smells, bruises, scratches, burns and any injuries that look like they were made with a belt, a cord or a hand.

 

·       Neglect: This has the same appearance as physical abuse. Their caregivers may not be helping them with personal hygiene, providing clothing, shelter or medical care or seeing that they have proper food and water.

 

·       Emotional Abuse: Abuse comes from confinement, verbal assaults, threats or intimidation. Perpetrators make the older person fearful, isolated and in serious emotional distress. They withhold emotional support. The victim can be withdrawn, confused, depressed, helpless, angry, frightened and secretive. He or she may be hesitant to talk freely.

 

·       Financial Abuse: The most widespread abuses are telemarketing fraud, identity theft, predatory lending and home improvement and estate planning scams. Are there ATM withdrawals when the elderly person cannot get to the bank? Are checks or documents signed when the elder cannot write or understand what he or she is signing? Are there numerous unpaid bills when someone else has been assigned to pay the bills? Are there online transactions or payments not consistent with normal expenses for the account owner? Often this abuse is perpetrated by family members or caregivers.

 

UNDER THE LAW:

Elder abuse can either be charged as a misdemeanor or felony. The penalties upon conviction are one year in the county jail and a $6,000 fine or two to four years in state prison.

 

If the victim suffers great bodily injury and is under the age of 70, then three years are added to the sentence; there’s a five-year addition to a sentence if a victim was over 70. If the victim died as a result of the abuse, then there is additional time in state prison. It’s five years if the victim was under 70 years old and seven if the victim was older.

                                   

RISK FACTORS:

Elder care is difficult for everyone involved. The caregiver must attend to the elder’s demands and needs. Elders themselves may resent their infirmities and hate being dependent. Being alone or isolated most of the time makes it worse.

 

There are significant risk factors if a caregiver isn’t great at coping with stress, is abusing alcohol or drugs, is depressed, has little or no help from anyone else and believes that taking care of the elder is a burden with no rewards.

 

Risk factors are higher if the elder is demented or very ill. Maybe the elder was abusive or the family has a history of domestic violence. Perhaps the elder hits the caregiver or pours out verbal use.

 

HOW TO REPORT ELDER ABUSE:

 

 Call your local law enforcement agency to make a report.

 

The District Attorney’s Office has a team solely dedicated to investigating and prosecuting financial crimes against the elderly and dependent adults. The phone is 1-855-DA-Elder or 1-855-323-5337.

Santa Clara County’s Adult Protective Service can be reached at 1-800-414-2002 / (408) 975-4900.

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