What Is Elder Abuse?

Elder abuse is any act or omission that causes harm or distress to an older person, in a relationship where there is an expectation of trust.

Typically, elder abuse happens within a family and is perpetrated by the elderly person’s children. Sometimes the abuser is the elderly person’s attorney for property or personal care (POA). Elder abuse can also happen in a nursing home or could even be perpetrated by a neighbor or another person in the community.

Examples of Elder Abuse:

Elder abuse can include:

1. Financial abuse,
2. Verbal abuse
3. Psychological abuse
4. Physical abuse
5. Sexual Abuse
6. Neglect

Elder abuse takes many forms and ranges from isolating an elderly person, to ridiculing or calling them names like “deaf” or “forgetful”, to raging at them, to taking financial advantage of them, to hitting, restraining or outright assaulting them.

Abusive dynamics within a relationship of trust can be very difficult to recognize and address. Abusers often manipulate and undermine the elderly person, their family, and even medical and legal professionals.

How to Stop Elder Abuse:

Elder abuse can be addressed through the criminal law system or the civil law system, however even the courts and the police can struggle to adequately address elder abuse.

The attorney for property and the attorney for personal care (the POAs) should be the first line of defence against elder abuse. The attorney for property (POA for property) is entrusted with the duty of protecting the elderly person’s financial and property interests. The attorney for personal care (the POA for personal care) is entrusted with the duty of protecting the elderly person’s best interests with respect to shelter, nutrition, hygiene, healthcare and safety.

However, sometimes the attorney (the POA) is the person committing the abuse.

Can the Abuser be Sued?

Separate from having the abuser charged under criminal law, there are legal options under civil law (non-criminal law).

If the attorney (the POA) is the abuser, it may be possible to get a court order revoking the Power of Attorney document. The elderly person can then make a new Power of Attorney document if they have the mental capacity to do so.

If the elderly person no longer has capacity to revoke the old Power of Attorney document and make a new one, the court can be asked to make an order revoking the Power of Attorney document and appointing a “guardian” to manage the elderly person’s property or person, or both. A trusted family member or friend could agree to be appointed as guardian.

If the abuser lives with the elderly person, the court may order the abuser to vacate the elderly person’s home.

The elderly person, or their attorney or guardian on their behalf, could sue the alleged abuser in civil court for damages (money). If the abuser is found liable, they may be ordered to pay damages to the elderly person to compensate them for any financial loss, physical harm, psychological harm and more.

Public Guardian and Trustee Involvement in Elder Abuse

Another option is involving the Public Guardian and Trustee, the branch of the government which investigates  alleged elder abuse. The Public Guardian and Trustee does not conduct a criminal investigation – only an investigation into whether or not an elderly person requires government intervention to protect their property or person. Sometimes, after investigating the matter, the Public Guardian and Trustee will step in as guardian for the elderly person, and will manage the elderly person’s finances to protect them from financial abuse. This may be appropriate if the elderly person does not have a trusted family member or friend willing or able to act as attorney or guardian.

Can the Abuser Be Sent to Prison?

It may be possible to obtain a restraining order requiring the alleged abuser to avoid contact with the elderly person.

A criminal court can also impose criminal penalties if the abuser is found guilty, like fines, restitution, and even imprisonment.

The punishment imposed by a criminal court will depend on the seriousness of the abuser’s crime, among other factors. For example, physical or sexual assault of an elderly person are punishable by more severe penalties like prison, while a one-time theft under $5,000 would almost certainly be punished by a fine or restitution or both.

Conclusion

If you suspect an elderly person is being abused, you may find helpful information or resources from the Elder Abuse network in your area. It may also help to contact the Public Guardian and Trustee or the police to investigate your suspicions.