How To Report Elder Abuse in My State

Elder abuse is a growing problem. To help identify and combat elder abuse, state law imposes abuse reporting obligations on a wide range of public and private officials — including lawyers.

Anyone can report suspected abuse to their state Adult Protective Services (APS) agency. For legal advice about reporting elder abuse, talk to a local elder law attorney.

What Is Elder Abuse?

There are different forms of elder abuse, including physical abuse, sexual abuse, emotional abuse, and financial exploitation. Abuse of senior citizens can happen at home, by family members, or in long-term care facilities.

Types of elder abuse include:

• Inflicting physical abuse on the older person
• Neglect, such as intentionally withholding services necessary to maintain the older adult’s health and well-being
• Abandoning or willfully deserting the person
• Using derogatory or inappropriate language to the person, including profanity, ridicule, harassment, coercion, threats, cursing, intimidation, or inappropriate sexual comments
• Financial abuse, including wrongfully taking or appropriating the person’s money or other property, either directly or through coercion or intimidation
• Sexual abuse, including any sexual contact with an elderly person or person with a disability, who is incapable of consenting to a sexual act

“The best way to define abuse is two red flags: One is a vulnerable person, and the other is some kind of substantial physical, emotional, or financial harm,” says elder abuse and estate planning attorney Wesley D. Fitzwater. “Elder abuse involves anyone over the age of 65, but abuse also occurs for younger people experiencing cognitive impairment.”

Protect Your Rights and Safety as You Get Older

Elder law attorneys focus on protecting you and your finances. Find the top elder law attorneys in your area today by using the Super Lawyers directory.

Find a lawyer today

Elder Abuse Reporting: National and State Agencies

There are several options for reporting abuse against older people.

If you witness elder abuse and the victim is in immediate danger, call 9-1-1 for local law enforcement. You can also contact your state or county Department of Social Services toll-free number to report suspected abuse or neglect.

Below is a list of state elder abuse reporting numbers and links to online reporting:

“When people see abuse, one option is to call the helpline number. That puts them in contact with adult protective services, who then go out and investigate. That hotline is confidential,” says Fitzwater. “But the other thing would be to get that person who has been victimized to an attorney.”

The National Adult Protective Services Association (NAPSA) is a resource center for adult care abuse. Your state long-term care ombudsman program can also help you find assisted living facilities to take the older loved one out of an abusive relationship.

Pursuing Legal Options Against Elder Abuse

Victims of abuse can file a petition with the appropriate court, seeking a restraining order against the abusive caregiver. The older person or their legal representative may also apply for additional relief by filing a civil lawsuit.

Depending on the specific facts and circumstances of the mistreatment, the court may issue a temporary injunction against the abuser and, in cases of financial exploitation, order the return of any misappropriated property. The area agency on aging, the attorney general, or the local district attorney may also bring their own action against an elder abuser, which may lead to financial penalties.

“Most of the personal physical injury cases are investigated by APS and submitted to law enforcement. There are some personal injury attorneys who might take neglect or nursing abuse cases, but that’s rare,” Fitzwater says.

“The most common elder abuse cases are financial. In Oregon, we can go after bad guys and get money back, property back, and get treble damages. It’s a very strong statute with a lot of teeth and ways to go after bad guys to make victims whole again.”

When Should You Speak with a Lawyer?

If you’re successful in your lawsuit, Fitzwater notes, not only do you stand to receive compensation for what was taken plus more for damages, “But the statutes provide attorneys’ fees, court fees, conservatorship costs — it’s very, very broad. I don’t know that I’ve seen a statute that’s as broad about recovery. It’s good, protective law.”

There is, however, a caveat that can make some cases difficult. “We probably turn down half of the cases that come into our office, not because they’re bad cases or someone wasn’t wronged, but because their money has been spent already,” Fitzwater says.

“The bad guy took the money, blew it all, and has no other penny to their name, so suing them isn’t going to do any practical good. However, there is an extra provision that allows you to bring an added suit against a third party who knew or should have known that abuse was occurring and failed to do anything about it.”

Find Legal Help to Report Elder Abuse

If you are an abused person or the family member of someone you suspect is being abused, it is in your best interest to speak with a qualified elder law attorney as soon as possible.

Keep in mind, many states consider attorneys to be mandated reporters under elder abuse laws. This means that when a licensed attorney has reasonable cause to believe someone has suffered elder abuse, that attorney may be required to notify the state.