The Need for Legal Services for the Aged

The Need for Legal Services for the Aged

Potential for Abuse:

Many elderly rely completely on family or additional trusted individuals to assist them. Whether it is physiological or psychological, as people grow older they are inclined to produce more childlike. The reliance upon care givers or family members makes an older being more susceptible for mistreatment. For example an older person relying on her children to give meals and transport and make monetary decisions finds it easier said than done to protest when one of her children takes benefit of her. If for case in point the child takes her money, slaps her or is neglectful in care giving, the parent may be in danger with loss of support if he or she complains. The child may also use pressure of violence to keep the parent in line.

It is predictable that 5% to 10% of elderly Americans are suffering abuse. But countrywide only about 10% of it is ever reported. A great deal of concentration has been paying attention on abuse in nursing homes but most of the elder abuse in this country is at the hands of family members in the home. Most states have laws protecting the elderly from abuse. Here is a description of the various types of adult abuse.

- Sexual abuse

- Physical abuse

- Emotional abuse

- Financial abuse, stealing money or changing title on assets

- Active and passive neglect by caregivers, "Active neglect is the willful failure by a caregiver to fulfill care-taking functions and responsibilities. This includes, but is not limited to, abandonment, deprivation of food, water, heat, cleanliness, eyeglasses, dentures, or health-related services. Passive neglect is the non-willful failure to fulfill care-taking responsibilities because of inadequate caregiver knowledge, infirmity, or disputing the value of prescribed services."

- Self-Neglect, which means an individual is failing to care for his or her own self needs.

All states have agencies that take delivery of complaints of abuse. In some states breakdown to report abuse of the elderly is a crime. To get in touch with a mistreatment complaint department, call your local area agency on aging.

Potential for Financial Exploitation:

The credulous nature of many old people also makes them susceptible to financial utilization. Here are some examples of the most common types of financial exploitation.

- Telephone Solicitations for Dishonest Charities or Fraudulent Investments

- Identity Theft to Get Credit Card Numbers and Other Information

- Pay in Advance Prize-Winning Schemes

- High-Pressure Door-To-Door Sales

- Dishonest Home Improvement Contracts

- Dishonest Miracle Health Cures

- Unnecessary Living Trusts through a Trust Mill

- Dishonest Funeral Arrangement Plans

All elderly should be made aware of and told to avoid any financial transactions that require open deposits. No contracts are to be signed without two or three days of consideration in consultation with knowledgeable family members. All dishonest schemes promulgated through the mail are guilty of mail fraud and appropriate complaints should be filed. All states have consumer reporting departments to take complaints on consumer fraud. Again a good source for help is your local area agency on aging.

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