Articles and News

Suffering In Silence: Abuse and Neglect of the Elderly

By: Laura C. Manfreda

The population of elderly Americans is rapidly increasing. By 2030, there will be approximately 70 million older Americans, more than twice as many as in 1990, and they are expected to represent about 20 percent of the population at that time. Of those 70 million older Americans, a majority of them will be female and a large portion of them will suffer from abuse and neglect from their own family members and caregivers. Most Americans spend a large portion of their lives contributing to the economy and providing protection and sustenance for their families. Suddenly, and without warning, the elderly are forced to submit to the very individuals that they have spent years supporting. As a result, the elderly experience feelings of shame, weakness, and embarrassment for their physical and psychological limitations. An elderly individual may even willingly accept abusive behavior from his or her own relatives. Elder abuse is a serious and significant issue that affects all Americans, no matter their age, race or financial status, and it will remain a serious problem as the baby boomer generation retires.

What is Elder Abuse?

Elder abuse is defined as any 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 laws regarding elder abuse vary from state to state, but generally defined, abuse may be physical abuse, emotional abuse, sexual abuse, exploitation, neglect, and abandonment. According to the figures from a recent study, neglect is the most common form of elderly maltreatment. Neglect is defined as the refusal or failure by those responsible to provide food, shelter, healthcare or protection for a vulnerable elder. Statistics show that in 1994, 58% of reported cases of elderly maltreatment were from neglect, 15% from physical abuse, and 12% from financial exploitation.

Who are the Victims?

Based on a recent study, the median age of an elderly abuse victim is 76 years. Of those victims, 65% were Caucasian, 21% African American, and 9% Hispanic. Moreover, 62% of victims were female and 37% were male. The study also concluded that elders who are ill, frail, disabled, mentally impaired or depressed are at greater risk of abuse, but even those who do not have these obvious risk factors can find themselves in abusive situations.

Reporting Elder Abuse

Every year an estimated 2.1 million older Americans are victims of physical, psychological, or other forms of abuse and neglect. This number will most likely continue to rise as the population of older Americans increases. Moreover, for every case of elder abuse and neglect that is reported to authorities, there may be as many as five cases that have not been reported. In North Carolina, the Protection of the Abused, Neglected or Exploited Disabled Adult Act, Section 108A of the North Carolina General Statutes, provides protective services for such adults. Section 108A-102 of the North Carolina General Statutes provides that any person having reasonable cause to believe that a disabled adult is in need of protective services shall report such information to the director of the county department of social services. North Carolina is one of only a handful of states that have elder abuse reporting requirements that apply to all persons, not solely treating physicians and healthcare professionals.

Financial Abuse of the Elderly

Although studies indicate that financial abuse of the elderly is less common than physical abuse and neglect, it remains a serious concern for aging Americans. In North Carolina, there is a separate statute for the exploitation of an elderly adult. Section 14-112.2 of the North Carolina General Statutes provides that any person who endeavors to obtain or use an elder adult’s funds or property without his or her consent and with the intent to temporarily or permanently deprive the elder adult of the use, benefit, or possession of that property is subject to criminal prosecution. A violation of any part of this statute is punishable as a felony offense, with different classes depending on the dollar amount of the property involved in the exploitation.

In order to prevent financial exploitation, it is in your best interest to have a power of attorney appointing someone that you can trust to handle your affairs honestly and diligently. In some cases, a family member is a wise choice but remember to think long and hard about that person’s ability to control your finances.

Who to Contact if you Suspect Elder Abuse?

If an elderly person is suffering from immediate life-threatening danger, call 9-1-1 immediately. If you are the victim or suspect elder abuse, neglect or exploitation and the danger is not immediate, contact your local adult protective services at (704) 732-1969. If applicable, you may also contact the long-term care ombudsman, which is a legislatively mandated individual that serves as an advocate for residents in assisted living and nursing facilities. The long-term care ombudsman can be reached at (704) 348-2715 or 1-800-508-5777.

Laura C. Manfreda is an attorney with Knox, Brotherton, Knox and Godfrey. The firm’s website is www.KnoxBrothertonKnoxGodfrey.com.  She can be reached at (704) 372-1360 or at lmanfreda@knoxlawcenter.com.