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Legal Definition of Elder Abuse – Lawsuit Information

Legal Definition of Elder Abuse – Lawsuit Information The elderly are the fastest growing demographic in the United States resulting in an ever increasing number individuals taking residency in nursing homes and elderly care facilities. As the number of elderly care residence have grown, there has been a corresponding rise case of elder abuse. The legal definition of elder abuse varies based on the jurisdiction where the act took place. A general interpretation of laws across the United Stated pertaining to elder abuse is provided below. If you have any further questions after reading this article feel free to contact our law offices toll free at (855)385-2529.

Legal Definition of Elder Abuse

Elder abuse is a violation of the human rights of individuals and a significant cause of severe injuries to our senior citizens. Specific definitions of elder abuse are provided below. Physical Elder Abuse: Assault and battery against a person over the age of 65; the intentional infliction of physical contact without the consent of the victims. Common example of physical abuse inflicted against the elderly include, hitting, slapping, placing elderly in a restraint without consent, striking with objects, spitting, throwing water and other objects, and striking with blunt objects. Psychological Elder Abuse (emotional abuse): The definition of emotional elder abuse is the non-consensual infliction of mental anguish. Such actions can come in the form of verbal abuse, certain actions and behaviors with the intended purpose of placing emotional harm and stress. Examples of emotional abuse include.
  • Withholding letter gifts and personal items
  • Frightening nursing home residence
  • Destroying property
  • Using bad language – verbal assault
  • Humiliating nursing home residents
  • Making aggressive verbal and non verbal threats

Nursing Home Neglect & Elder Abuse

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Elder Abuse Reporting Laws
Fraud Against the Elderly – Financial Abuse: Financial and securities fraud is being inflicted against the elderly at an increasing rate. Financial exploitation can take many forms. The legal definition of fraud the making of false statements of material facts known to be false by the perpetrator resulting in the deception of the victim and financial harm. Common examples of financial abuse perpetrated against the elderly in nursing homes include
  • Theft of money, check, or valuable property
  • Transfer of valuable property via deception
  • Use of coercion to deprive individuals the use of their property
Elderly Sexual Abuse: The legal definition of sexual abuse is the non-consensual contact of any form with an older person (individual over the age of 65). Examples of sexual abuse against the elderly include
  • Making of overtly sexual references and sexually suggestive talks
  • Touching and fondling of the person without consent
  • Sexual contact with immobile, or non competent individual
Elderly Neglect – Intentional or Unintentional: Neglect is the failure of the caregiver to satisfy the elder’s basic needs or to protect the elder from harm. Such actions or inactions can be both intentional and unintentional. A secondary and often used legal definition of elder neglect is the intentional actions that cause harm or greatly increase the risk of harm to the individual by caregivers who owe a duty to residents of elderly care facilities and nursing homes. Examples of neglect include
  • Failure to turn immobile and incapacitated residents resulting in bed sores
  • Failure to provide medical care
  • Failure to provide clothing and basic living needs such as food, and cleaning materials
Further Information: Elder Abuse Lawsuit -Legal Guide

COMMENTS (2)
Reply

I need advice, my brother and I own a home together and my mother lives with us, over the years she has declined mentally, the abuse is on her end, the mood swings, temper tantrums, verbal assaults everyday has become too much to weather, we have hung in as long as we can but things have become so bad my brother and I now hide in our rooms of our own home to avoid her. Since I have informed her we are selling the house and I had to remove her from my auto insurance policy because her driving has become to dangerous she has now said she will make us suffer to quote her. My question is what help is out there for families being abused and manipulated? where is our support to help us navigate this exit?

Reply

Wife walks out on paralyzed from stroke 72 year old. Two grown children live out of state. What are their legal responsibilities to either care for their father or at least set him up with caretaker or in assisted livin home? They refuse to come to his aid. No financial needs involved. He has 2 excellent pensions from military and teaching.

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