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What is Elder Abuse?
There is no single definition of elder abuse. The following definitions are commonly accepted:
• Centers for Disease Control and Prevention: “an intentional act or failure to act that causes or creates a risk of harm to an older adult.”
• Federal Elder Justice Act: “knowing infliction of physical or psychological harm or the knowing deprivation of goods or services that are necessary to meet essential needs or to avoid physical or psychological harm.”
Laws vary about the age at which a person becomes an “older adult” or qualifies for benefits or services available to older adults. Both the Centers for Disease Control and Prevention and the Elder Justice Act define an older adult as someone 60 or older.
Vulnerable Adults Younger than 60:
Many individuals who are younger than 60 but have disabilities may also be especially vulnerable to abuse. Some laws and services that address elder abuse also provide protection or services for individuals under age 60 who may be at increased risk of abuse, neglect, or exploitation.
Michigan Adult Protective Services Law:
In addition to older adults, Michigan’s Adult Protective Services (APS) law applies to individuals age 18 and older. APS law provides the following definitions:
Vulnerable: “a condition in which an adult is unable to protect himself or herself from abuse, neglect, or exploitation because of a mental or physical impairment or because of advanced age.”
Abuse: “harm or threatened harm to an adult's health or welfare caused by another person. Abuse includes, but is not limited to, nonaccidental physical or mental injury, sexual abuse, or maltreatment.”
Neglect: “harm to an adult's health or welfare caused by the inability of the adult to respond to a harmful situation or by the conduct of a person who assumes responsibility for a significant aspect of the adult's health or welfare. Neglect includes the failure to provide adequate food, clothing, shelter, or medical care…”
Exploitation: “an action that involves the misuse of an adult's funds, property, or personal dignity by another person.”
Unlike child abuse and domestic violence, the phenomenon of elder abuse has only relatively recently come to public attention. Despite increasing efforts to educate about, identify, and address abuse of older and vulnerable adults, the vast majority of cases are never reported. Individuals who are at risk of or have suffered abuse, neglect, or exploitation are often unaware of the services, including legal services, that are available to help them.
In Michigan, the Attorney General's Elder Abuse Task Force continues to work to bring elder abuse to light and develop innovative and effective legislative proposals, training, and policies to prevent and respond to abuse, neglect, and exploitation. Some laws create additional penalties for crimes committed against older adults or provide further protection to older and vulnerable adults. Multi-disciplinary elder abuse task forces, including law enforcement, medical and legal professionals, service providers, local Adult Protective Services, and others coordinate services in many communities.
Many victims of abuse feel ashamed that they have been victimized, especially if the person who abused, neglected, or financially exploited them is a family member or someone they knew and trusted. However, even very capable older adults or adults with disabilities – or any adult–may become the victim of abuse, neglect, or some form of scam or exploitation. Help is available to protect individuals from abuse and to assist victims in regaining safety, stability, and lost assets through APS, legal services, Area Agencies on Aging, law enforcement, long term care ombudsmen, and other agencies throughout the state.
What are the types of Elder Abuse?
Elder abuse includes:
Physical abuse
Physical abuse includes physical harm like hitting, beating, pushing, shaking, slapping, kicking, pinching, and burning an individual. It can also include denying an individual necessary medications or medical care, misusing or overusing medications, or restraining a person.
Individuals who are experiencing physical abuse may have:
- Unexplained bruises
- Pressure marks
- Broken bones
- Abrasions
- Burns
Sexual abuse
Individuals who experience sexual abuse may have:
• Bruising in private areas of the body • Unexplained venereal diseases or infections.
• Become withdrawn • Unexplained vaginal or anal bleeding
Emotional abuse
Individuals experiencing emotional abuse may:
• Withdraw from normal activities • Exhibit depression, fear, or anxiety
• Be upset or agitated • Have changes in eating or sleeping habits
Financial exploitation
Individuals experiencing neglect may have:
• Dehydration, malnutrition, poor hygiene • Untreated health conditions • Unsafe or unsanitary living conditions
• Limited or no food in the home, missing medications or assistive devices such as canes or walkers
Financial exploitation may be occurring if there are:
- Sudden changes in the older adult’s financial status or spending patterns
- Unexplained charges, withdrawals, or loans
- New joint banking accounts or legal documents
- New inability to pay bills or meet financial obligations
- Reluctance to share financial information with individuals the older adult previously trusted and relied on
- New credit cards, bank accounts, or investments
- Missing checks, credit cards, ATM cards, or financial documents
- Missing personal possessions
- Changes in property deeds or vehicle titles
Neglect
Neglect is the refusal or failure of a caregiver (or someone with the responsibility to help an older adult) to fulfill their obligations of providing care, goods, or services necessary to maintain the health and safety of an older adult.
How do I know if an older or vulnerable adult I care about is at risk of abuse or being abused, neglected, or exploited?
Victims of abuse, neglect, or exploitation or those who are being threatened or pressured often exhibit new behaviors that may be clues to the abuse they are experiencing. For example, they may:
Appear depressed, withdrawn, or scared
Avoid eye contact
Have different eating or sleeping habits
Demonstrate low self-esteem, mood swings, or personality changes
Engage in new activities or withdraw from activities
Avoid interactions with long-trusted family or friends and spend more time with new individuals
While older individuals may be prone to bruises and broken bones due to medical conditions, falls, or medications, bruising and other kinds of injuries, including broken bones, may be unusual and suspicious. A medical professional can often identify whether an injury is likely to have occurred due to some form of abuse. Prompt attention to injuries and consultation with medical professionals can be crucial in identifying abuse.
Where can I get help if I am being abused, neglected, or exploited?
If you are experiencing abuse, neglect, or exploitation in a nursing home, home for the aged, or adult foster care home, there are several agencies and organizations that can help you:
Michigan Adult Protective Services (APS):
Michigan’s Adult Protective Services investigators protect vulnerable adults from abuse, neglect, and exploitation by coordinating with mental health, public health, law enforcement, the probate courts, the aging network, community groups, and the general public. If you suspect abuse, neglect, or exploitation of another person or need help yourself, call 855-444-3911 any time of day or night to make a report. Staff will investigate allegations within 24 hours after the report is received.
Michigan Attorney General’s Office:
You can also file a complaint regarding financial exploitation or patient abuse with the Michigan Attorney General’s Office. You can use the Elder Financial Exploitation/Patient Abuse Complaint Form to report your concerns.
911 Emergency Services and Law Enforcement:
If you or someone you care about is in an emergency situation, you should call 911. You may also report non-emergency abuse, neglect, or exploitation to law enforcement.
Legal Services:
Legal services may be able to help with a wide variety of strategies to protect individuals from abuse, stop abuse, and regain safety, stability, and resources. Legal services programs around the state offer free legal services to low income individuals and others who meet eligibility requirements.
•To explore whether you or someone you care about may qualify for free legal services and referral to your local legal services program, call the Counsel and Advocacy Law Line at 888-783-8190. You may also find out more about local legal services agencies or other agencies that may be able to help you by checking Michigan Legal Help's Guide to Legal Help.
•The Crime Victims Legal Assistance Project provides free legal assistance to older and vulnerable adults who are victims of abuse, neglect, and exploitation. You do not have to have reported a crime or contacted law enforcement to qualify for services. CVLAP’s goal is to ensure safety, protect assets, and preserve older adults' quality of life, rights, and dignity. To find out which CVLAP office can best serve you, visit CVLAP’s website and search for the county in which you live or in which your court case has been filed.
• Michigan Legal Help has tools and information to help you understand and respond to your legal problems, including many issues related to abuse, neglect, and exploitation.
Private Attorneys:
Private attorneys can also help you protect yourself from elder abuse or seek solutions to the abuse, neglect, or exploitation you are experiencing.
What kind of help might be available?
There are many types of elder abuse, and every situation is different. People experiencing abuse, neglect, or exploitation may be reluctant to report the abuse or seek help due to embarrassment, fear of getting someone else in trouble, lack of confidence that help is available, or fear that seeking help may make their situation worse. Individuals may fear that if they report abuse at home, they may be forced to move out of their home to a nursing home, or someone else might try to take control of their lives through guardianship.
The good news is that many agencies that seek to help victims of abuse, neglect, and exploitation, like the Crime Victims Legal Assistance Program and Michigan Long Term Care Ombudsman Program, take direction from the person who experienced abuse and only pursue remedies and strategies that the person is comfortable with. Victims of abuse, neglect, and exploitation may have many options when considering what kind of help they need and want.
Depending on the nature of the abuse, neglect, and exploitation and the agency assisting, remedies could include:
Obtaining a personal protection order
Seeking to recover property or funds that were stolen or misappropriated
Protecting assets and property from further exploitation
Filing complaints with or advocating with a facility or health care provider or filing a complaint with a regulatory agency against a health care facility or provider
Challenging documents that were obtained under duress or false pretenses
Filing a criminal or civil complaint against someone who committed abuse, neglect, or exploitation
Evicting an abuser from the victim’s home
Assisting with applications for public benefits and services to address the needs of the person experiencing abuse, neglect, or exploitation
Defending against an unnecessary or improper guardianship or seeking to modify or terminate a guardianship
Many more strategies to help a person enjoy a safe, stable, dignified life.