How to Take Legal Action Against Elder Abuse
Talk to your loved one., Contact the nearest APS office., File your report., Meet with the caseworker., Cooperate with the investigation., Follow up on the caseworker's report.
Step-by-Step Guide
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Step 1: Talk to your loved one.
Adult Protective Services (APS) can't do anything without the consent and cooperation of the elderly person being abused, so you have to make sure your loved one is on board.Keep in mind that getting your loved one's cooperation may be an uphill battle.
He or she may defend or make excuses for the caregiver you believe is responsible for the abuse, or may fear retaliation if the abuse is reported.
Generally, the person will be more likely to cooperate if he or she trusts in you and understands that you have his or her best interests at heart.
You can help nurture this trust by visiting the person on a regular basis, asking him or her detailed questions, and talking openly about your relationship and the person's role in your life.
If your loved one refuses help from APS, you may have to find another way to help him or her.
If this happens, your first goal should be to get your loved one away from the person responsible for the abuse or neglect.
For example, if you're concerned that your elderly mother is being abused by your cousin, who has moved into her home to care for her, you may want to make the effort to visit her more often or even arrange to spend weekends with her in her home.
If the caregiver you suspect of abuse or neglect is an outsider hired by family members, you may want to talk to them about terminating that person's contract and hiring someone else. -
Step 2: Contact the nearest APS office.
Each state has an agency that investigates and responds to complaints of elder abuse, but you must find an agency office in your area.The scope and power of APS agencies varies greatly among states, so call a local office or read on the agency's website to get a general idea of the services the agency offers and what they can do about elder abuse.
Contacting APS is appropriate if your loved one is not a resident of a nursing home or other facility.
Although some APS agencies handle complaints of abuse in nursing homes, there are other procedures that must be completed first and other state regulatory agencies which may be more appropriate to respond.
The National Center on Elder Abuse has a listing of state reporting numbers and government agencies available on its website.
Visit https://ncea.acl.gov/resources/state.html and click on your state on the map to find offices near you. , Each APS agency has a specific form you must fill out to report elder abuse.
Forms may be available online, or you may have to go into the local office.Unlike many other forms of legal action, anyone can report elder abuse to the APS – you don't have to have any particular relationship to the victim or the authority to act on his or her behalf.
For example, if you live next door to an elderly woman whose nephew cares for her, and you are concerned that the nephew is abusing the woman, you can file a report with APS.
Although you don't necessarily need concrete evidence to file a report, the more factual details you can include, the more seriously the agent will take your report and the need to investigate the situation.
Along with information about the abuse, you also should include any relevant medical information about the elderly adult victim – particularly if he or she is apt to experience confusion or memory loss.
If you acquire additional information after you've filed your report, or if something else happens, you should contact the APS office to find out how you can update the case file. , Once the agency receives your report, it will be evaluated for urgency and assigned to a caseworker charged with investigating the situation.Many APS agencies are significantly over-worked and under-staffed, so don't be surprised if it takes a few weeks for a caseworker to be assigned.
If you feel the situation is urgent, you may want to take other action such as filing a police report.
The caseworker will explain the agency's process to you and how he or she will investigate your allegations.
Typically you will receive a case plan that provides a general outline of the actions that will be taken and the time frames within which you can expect to hear from the caseworker after each phase of the investigation is complete.
The caseworker may ask you questions about the information contained in your report, and often will ask you for the names of other friends or family members close to the elderly person who may have information about the situation. , As the caseworker investigates the situation, you may be contacted to provide further information or otherwise assist the caseworker.In some situations, you may be asked to accompany the caseworker when he or she visits your loved one.
This is most likely to happen in cases where the elderly person has significant problems with confusion or memory loss.
The caseworker also may need your assistance getting in touch with other friends or family members of the elderly person.
At various points during the investigation, the caseworker may want to discuss options with you for removing your loved one from the abusive situation or getting other help. , After the initial investigation, the agency may continue to monitor the situation as needed to ensure the abuse does not continue.Depending on the caseworker's findings, he or she may file a police report or recommend that you take further legal action such as filing a lawsuit.
Police officers also may conduct periodic "well being" checks if there is concern for your loved one's safety, particularly if there is suspicion that he or she is being abused by his or her caretaker.
Often caseworkers will monitor a situation and require regular reports until it is determined that the person is safe and in no danger of further abuse or neglect.
If the caseworker makes any recommendations for your loved one's care, review them carefully.
Keep in mind that the caseworker may have access to resources you weren't aware of.
If the caseworker comes to conclusions that you don't agree with, call the APS office and ask to speak to his or her supervisor.
Keep going up the chain of command until you find someone who is willing to listen to your concerns and take them seriously. -
Step 3: File your report.
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Step 4: Meet with the caseworker.
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Step 5: Cooperate with the investigation.
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Step 6: Follow up on the caseworker's report.
Detailed Guide
Adult Protective Services (APS) can't do anything without the consent and cooperation of the elderly person being abused, so you have to make sure your loved one is on board.Keep in mind that getting your loved one's cooperation may be an uphill battle.
He or she may defend or make excuses for the caregiver you believe is responsible for the abuse, or may fear retaliation if the abuse is reported.
Generally, the person will be more likely to cooperate if he or she trusts in you and understands that you have his or her best interests at heart.
You can help nurture this trust by visiting the person on a regular basis, asking him or her detailed questions, and talking openly about your relationship and the person's role in your life.
If your loved one refuses help from APS, you may have to find another way to help him or her.
If this happens, your first goal should be to get your loved one away from the person responsible for the abuse or neglect.
For example, if you're concerned that your elderly mother is being abused by your cousin, who has moved into her home to care for her, you may want to make the effort to visit her more often or even arrange to spend weekends with her in her home.
If the caregiver you suspect of abuse or neglect is an outsider hired by family members, you may want to talk to them about terminating that person's contract and hiring someone else.
Each state has an agency that investigates and responds to complaints of elder abuse, but you must find an agency office in your area.The scope and power of APS agencies varies greatly among states, so call a local office or read on the agency's website to get a general idea of the services the agency offers and what they can do about elder abuse.
Contacting APS is appropriate if your loved one is not a resident of a nursing home or other facility.
Although some APS agencies handle complaints of abuse in nursing homes, there are other procedures that must be completed first and other state regulatory agencies which may be more appropriate to respond.
The National Center on Elder Abuse has a listing of state reporting numbers and government agencies available on its website.
Visit https://ncea.acl.gov/resources/state.html and click on your state on the map to find offices near you. , Each APS agency has a specific form you must fill out to report elder abuse.
Forms may be available online, or you may have to go into the local office.Unlike many other forms of legal action, anyone can report elder abuse to the APS – you don't have to have any particular relationship to the victim or the authority to act on his or her behalf.
For example, if you live next door to an elderly woman whose nephew cares for her, and you are concerned that the nephew is abusing the woman, you can file a report with APS.
Although you don't necessarily need concrete evidence to file a report, the more factual details you can include, the more seriously the agent will take your report and the need to investigate the situation.
Along with information about the abuse, you also should include any relevant medical information about the elderly adult victim – particularly if he or she is apt to experience confusion or memory loss.
If you acquire additional information after you've filed your report, or if something else happens, you should contact the APS office to find out how you can update the case file. , Once the agency receives your report, it will be evaluated for urgency and assigned to a caseworker charged with investigating the situation.Many APS agencies are significantly over-worked and under-staffed, so don't be surprised if it takes a few weeks for a caseworker to be assigned.
If you feel the situation is urgent, you may want to take other action such as filing a police report.
The caseworker will explain the agency's process to you and how he or she will investigate your allegations.
Typically you will receive a case plan that provides a general outline of the actions that will be taken and the time frames within which you can expect to hear from the caseworker after each phase of the investigation is complete.
The caseworker may ask you questions about the information contained in your report, and often will ask you for the names of other friends or family members close to the elderly person who may have information about the situation. , As the caseworker investigates the situation, you may be contacted to provide further information or otherwise assist the caseworker.In some situations, you may be asked to accompany the caseworker when he or she visits your loved one.
This is most likely to happen in cases where the elderly person has significant problems with confusion or memory loss.
The caseworker also may need your assistance getting in touch with other friends or family members of the elderly person.
At various points during the investigation, the caseworker may want to discuss options with you for removing your loved one from the abusive situation or getting other help. , After the initial investigation, the agency may continue to monitor the situation as needed to ensure the abuse does not continue.Depending on the caseworker's findings, he or she may file a police report or recommend that you take further legal action such as filing a lawsuit.
Police officers also may conduct periodic "well being" checks if there is concern for your loved one's safety, particularly if there is suspicion that he or she is being abused by his or her caretaker.
Often caseworkers will monitor a situation and require regular reports until it is determined that the person is safe and in no danger of further abuse or neglect.
If the caseworker makes any recommendations for your loved one's care, review them carefully.
Keep in mind that the caseworker may have access to resources you weren't aware of.
If the caseworker comes to conclusions that you don't agree with, call the APS office and ask to speak to his or her supervisor.
Keep going up the chain of command until you find someone who is willing to listen to your concerns and take them seriously.
About the Author
Donna Wood
Creates helpful guides on hobbies to inspire and educate readers.
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