Elder Abuse

 

It is hard to imagine that vulnerable older adults might be taken advantage of or might not properly care for themselves. However, if it does happen, the person needs immediate protection and assistance.

Any suspicion of the occurrence of elder abuse must be reported, according to North Carolina law. North Carolina law gives each county Department of Social Services the responsibility to offer services to adults who are unable to help themselves. The Adult Protective Services Department of the Department of Social Services handles these Elder Abuse reports.

 

Three areas are defined in North Carolina Elder Abuse law:

• abuse
  the willful infliction of physical pain, injury or mental anguish, unreasonable confinement, or the willful deprivation by a caretaker of services, which are necessary to maintain mental and physical health
• exploitation
  the illegal or improper use of a disabled/vulnerable/impaired adult or his/her resources for another’s profit or advantage
• neglect
  refers to a disabled/vulnerable/impaired adult who is either living alone and not able to provide for him/her self the services which are necessary to maintain his/her mental or physical health (self-neglect) or is not receiving needed services from his/her caretaker

 

Within these three areas fall categories of abuse such as:

• abandonment
  the desertion of an older adult by an individual who has assumed responsibility for providing care or by a person with physical custody of the older adult
• emotional or psychological abuse
  the infliction of anguish, pain, or distress through verbal or nonverbal acts
• financial or material exploitation
  the illegal or improper use of an older adult’s funds, property, or assets
• misuse of restraints
  chemical or physical control of an older adult long-term care facility resident beyond what their physician has ordered
• neglect
  the refusal or failure to fulfill any part of a person’s obligations or duties to an older adult
• physical abuse
  the use of physical force that may result in bodily injury, physical pain, or impairment
• self-neglect
  characterized as the behavior of an older adult that threatens his/her own health or safety without the understanding of the consequences of his/her decisions
• sexual abuse
  non-consensual sexual contact of any kind with an older adult and/or sexual contact with any person incapable of giving consent

 

How Can You Help?

The following is excerpted from an elder abuse brochure developed by the N.C. Division of Social Services.

Recognizing abuse is the first step.
You should be concerned about an older or disabled adult who:

• Needs medical care and is not getting it.
• Has a change in the way he or she looks. For example, the adult may lose a lot of weight or lose interest in keeping clean or dressing neatly.
• Has a change in the way he or she acts. For example, the adult may become depressed, withdrawn, forgetful, suicidal or violent.
• Does not have enough food or a safe home.
• Is not able to cook, eat, bathe, or dress, and there is nobody to help.
• Has unexplained bruises or other injuries.
• Does not but necessary things such as food or medicine even though he or she should have enough money.
• Has been asked to sign papers without understanding what they mean.

More Signs of Elder Abuse

 

Reporting suspected occurrences of Elder Abuse is the second step.
Call your county Department of Social Services, Adult Protective Services Department. Gather as much information about the situation as you can (names, addresses, details of the suspected abuse, age of person(s), people involved, etc.). You don’t have to give your name when you call, however, if you want to know the results of your call, contact information will be needed. The Adult Protective Services representative will evaluate the information that you give and determine if the situation falls within their authority to investigate.

If you need contact information for the Adult Protective Services Department in your county, go the the N.C. Division of Social Services County referral website and click on the county where the person needing assistance lives.

If Adult Protective Services indicates that the referral falls outside of their limited legal authority, then there is third step to follow.

 

Reporting suspected occurrences of Elder Abuse to the appropriate agency with local jurisdiction is the third step.
Adult Protective Services can only investigate suspected incidents of Elder Abuse under certain conditions. However, if an incidence of Elder Abuse is suspected, the older adult still needs assistance right away.

There are other agencies that are available to help if Adult Protective Services cannot. For suspected abuse in Nursing Homes, contact the Division of Health Service Regulation. For suspected abuse in Adult Care Homes, contact the local Department of Social Services in the county where the affected person lives. Again, collect all the information about the situation that you can before you call. And, no personal information is required of a caller unless you would like follow-up information.

 

If you suspect elder abuse, neglect, or exploitation - ACT NOW.
You could save a life.
And, it's the law.

 

• More Information on Elder Abuse

 

Home :: Section Home :: Top of Page :: Topic Index