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elder abuse

World Elder Abuse Awareness Day

By Elder Law, Health

Today is World Elder Abuse Awareness Day. In Florida, with the growing senior population, elder abuse is an extremely prevalent social issue. Elder abuse can manifest itself in many forms, including but not limited to: physical abuse, emotional abuse, sexual abuse, exploitation, negligence and abandonment. Approximately 1 out of every 10 Americans over 60 has experienced a form of elder abuse, while only 1 out of every 14 cases of elder abuse is reported. Elderly individuals who have been mistreated have a 300% higher risk of death compared to seniors who have not been abused. Elder abuse can be prevented by educating seniors, health professionals, caregivers and families across the nation about this issue.

 If you suspect or know of any elder abuse that is occurring, report it immediately to the Florida Abuse Hotline, which receives reports 24 hours a day. You can also call 1-800-962-2873 or visit https://reportabuse.com.dcf.state.fl.us and file a report online.

 

June 15, 2018
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The Prevalence of Resident-on-Resident Elder Abuse in Nursing Facilities

By Long-Term Care

A study published in the journal Annals of Internal Medicine states that at least one in five nursing facility residents is subject to abuse by other nursing facility residents. A large amount of this aggression in nursing facilities is due to the fact that some residents suffering from Alzheimer’s or Dementia are being placed in communal living environments that are unfamiliar to them, as they likely spent most of their lives in a private residence. This factor can exacerbate the behavioral issues in some individuals with these afflictions and increase the likelihood of conflict in nursing facilities. Resident-on-resident abuse can take on many forms, including: physical, verbal or sexual abuse.

Many individuals that reside in nursing facilities have lowered inhibitions due to mental or physical impairment, which can contribute to the rate of resident-on-resident abuse as well. To combat this issue, there are steps nursing facilities can take to reduce agitation in patients suffering from dementia or other neurodegenerative disorders. These include, but are not limited to: reducing or eliminating loud noises, introducing music therapy, introducing aromatherapy, reducing overcrowding, aiding residents in getting more exercise and eliminating the use of overly bright lighting. Additionally, caregivers in nursing facilities can be taught more effective techniques for handling situations in which a resident with Alzheimer’s or Dementia becomes agitated.

March 9, 2018
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FINRA Introduces New Rules Addressing Financial Exploitation of Senior Citizens

By Elder Law

Recently, the Financial Industry Regulatory Authority (FINRA) issued Regulatory Notice 17-11, announcing that FINRA’s new rules addressing the financial exploitation of senior citizens would go into effect as of February 5th, 2018.  These new rules, which gained SEC approval, implement two important changes that are designed to help better protect senior investors.

The first change amends an existing Rule (Rule 4512) and requires that firms make “reasonable efforts” to obtain the name and contact information of a trusted person. This means that, when an investor that is 65 or older opens an account, the institution is required to ask them for the name and contact information of an individual that senior trusts with whom the institution may communicate if financial exploitation is suspected.  Additionally, the amendment to Rule 4512 states that existing senior customers will be asked this same question when their profile is updated. However, an individual is not required to list a trusted contact person and will not be prohibited from opening or maintaining an account if they refuse to do so.

The second change is the implementation of a new rule, Rule 2165, that allows member firms to place temporary holds on customer accounts when there is a reasonable belief of financial exploitation. This rule states that, if an institution suspects financial exploitation of someone 65 or older (or someone 18 or older that is disabled or considered mentally impaired), it can place a temporary hold of up to 15 business days on the disbursement of funds or securities from the account. This rule only applies to suspicious disbursement of funds or securities, not to securities transactions. Once this temporary hold starts, the institution has two business days to contact the customer as well as their chosen trusted contact person to investigate the matter.

Bach & Jacobs, P.A. employs elder law litigators who assist seniors and their families in combatting financial exploitation of the elderly.

February 6, 2018
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Social Media Abuse in Nursing Homes

By Long-Term Care

As technological advances increase, so do the ways in which immoral individuals use technology to exploit others. There have been numerous instances in which nursing home employees have been fired or otherwise disciplined for sharing inappropriate content, via social media outlets, that features nursing home patients. This is a newer type of elder abuse that is becoming more prevalent and that everyone needs to be aware of. Posting embarrassing photo or video content of senior citizens is malicious, dehumanizing and violates elderly individuals rights to privacy. This applies especially to nursing home patients, as they are often mentally or physically impaired and unable to stand up for themselves. Everyone should be aware of the existence and growing presence of social media abuse when it comes to the elderly, so that they know to report elder abuse if they encounter it in any form.

To report elder abuse or exploitation, call the Florida Abuse Hotline at: 1-800-962-2873.

December 29, 2017
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The Impact of Elder Abuse on Long-Term Health

By Health

A 2017 study supported by the World Health Organization estimates that, over the past year, 15.7% of people age 60 or over have been subject to some form of abuse. As elder abuse is one of the most underreported crimes, this is likely to be an underestimation. This study was published by Lancet Global Health, and it addresses not only the incidence of elder abuse across the world, but also suggests that elder abuse has long-term health effects. This study determined that the highest rate of elder abuse is psychological abuse and noted that this form of abuse can have especially negative health consequences. When a senior citizen’s psychological health is damaged, it can lead to increased risk of nursing home placement, hospital services, use of emergency services and even death. Although all forms of elder abuse can have a negative effect on victims’ health, this study suggests that psychological abuse may be the most internally damaging. It is of paramount importance that awareness is raised regarding the prevalence of elder abuse in our society and that people learn enough information about elder abuse to be able to identify and stop it.

December 5, 2017
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Florida is a Mandatory Report State for Elder Abuse

By Elder Law, Health

Florida law requires that knowledge or suspicion of abuse, neglect, or exploitation of vulnerable adults (whether elderly or disabled) be reported. The issue of Elder Abuse is taken seriously here in Florida, where we have a high population of senior citizens. If you suspect or know of any elder abuse that is occurring, you should report it immediately to the Florida Abuse Hotline, which receives reports 24 hours a day. You can also call 1-800-962-2873 or visit https://reportabuse.com.dcf.state.fl.us and file a report online. Elder abuse is one of the most underreported crimes and, because of this, only about 800 people have been charged with elder abuse and neglect in Florida over the last five years. Of these, approximately 370 have been convicted. It is everyone’s responsibility to help end Elder Abuse and to make our world a safer place for the Senior Citizens in our lives.

November 14, 2017
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Florida Congresswoman Proposes An Elder Abuse Registry

By Elder Law

In her time as a Florida U.S. Representative, Congresswoman Gwen Graham introduced legislation to create a national registry that identifies individuals who have been convicted of elder abuse. Under this proposal, the Justice Department would develop a registry that individual states could use to create their own list of offenders. This list would be public and searchable, so that any person or company looking to hire a care-giver for an elderly individual would be able to see if any of their potential hires had committed elder abuse in the past.  Supporters hope that if this registry were to be implemented, it could help to greatly reduce the instances of elder abuse by keeping individuals convicted of this crime from working with the elderly. Across the country and in Florida especially, elder abuse is a highly prevalent issue that cannot be ignored. The safety of our seniors’ matters; it is important to explore ways to end the cycle of elder abuse and to hold individuals who commit crimes against the elderly accountable for their actions.

September 8, 2017
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