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Elder Abuse Law

  Physical Abuse   Financial Abuse   Neglect   Abandonment  

Abandonment is the desertion or willful forsaking of an elder by any person having the care and custody of that elder under circumstances in which a reasonable person would continue to provide care and custody.

There is often great reluctance and/or fear from the elder to report abuse. Threats of placement in a nursing home or shame for a possible family member being involved can prevent an elder from seeking help. This is why sensitivity to these issues must be employed when someone wants to help in suspected abuse cases. In all cases the elder has the right to determine his/her affairs to the best of his/ her ability.

Any person coming across a situation of suspected abuse is strongly encouraged to report his/her findings. Symptoms and conditions of the abuse should be reported clearly, specifically and objectively. When legal action against these cases is intended, the reporter should include witnesses (contact info and statements), photographs (of wounds or injuries, living conditions, or a room or a bed; police department or an emergency room may photograph emergency situations), and records (from public help agencies or elders' patterns and history).

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