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Handling elder abuse

Handling elder abuse

There are different ways an elder can suffer abuse. Knowing each type will help you or your loved one know when abuse has occurred in order to take any necessary step.

The seven prevalent types of elder abuse as described by the National Center on Elder Abuse (NCEA) are:

  • Physical elder abuse: This occurs when an older adult is subjected to physical pain intentionally by another person. It often leads to bodily harm or in more serious cases, death.
  • Financial elder abuse: There is financial abuse when a person in a trusting relationship with the older adult intentionally, illegally and improperly uses the funds of the elder for their own selfish gains, disregarding the needs of the elder.
  • Negligence: There is negligence or elder neglect when a person who is supposed to be responsible for an older adult fails to act as expected of them, or fails to protect them from harm through carelessness, and such inaction consequently results in harm to the adult.
  • Elder abandonment: This type of elder abuse is sometimes intertwined with neglect. However, elder abandonment occurs when the person who is supposed to be responsible for the older adult consciously and intentionally deserts them without informing the relatives or home facility, or making any formal agreements.
  • Psychological and emotional sexual abuse: This are acts which produces fear, intimidation, or mental pain to the elder.
  • Sexual elder abuse: This occurs when an older adult is coerced against their will to be involved in sexual acts with and by another party or parties.
  • Elder self-neglect: There is elder self-neglect when the elder can no longer care for their own personal needs but does not take any step to ensure they get help. The elder simply neglects himself or herself.

Elder law issues

As a loved one ages, the family members may be concerned with their long-term care. There is a lot of challenging legal issues involved, and it becomes imperative to entrust the matter in the hands of a elder law attorney. At our estate planning law firm, our lawyers specialized in Elder Law will look into your situation with empathy and help plan towards getting long-term care, and ensuring that possessions are properly and efficiently passed down. To this end, our elder law services include, Planning and applying for Medicaid, guardianship, creating wills, trusts, and powers of attorney, and living wills and lastly asset protection

Avoid any medical exploitation.

As one gets older, there is the fear of becoming incapacitated due to age or terminal disease. Accidents can also render one disabled and incapable of handling their affairs. In such a situation, one would need a trusted agent to look after their affairs on their behalf. Estate document for disability and incapacity are:

Financial power of attorney: this document allows you appoint an agent to handle your fiscal affairs and make financial decisions on your behalf when you become incapable to do so yourself.

Healthcare power of attorney: also known as advance medical directive, this document allows you to appoint an agent to make healthcare decisions on your behalf when you become incapable to do so yourself.

Retirement and Medicaid

Our estate planning attorneys are also highly knowledgeable in Elder Law, and will work with you to know the most suitable retirement plan that befits you while keeping you eligible for benefits meant for the elderly. Your attorney will help you apply for Medicaid and Medicare if you so desire.

Get help from an elder law attorney

Sadly, the majority of the accused parties of elder abuse cases are the relatives of the elder. According to a report by the Florida Department of Children and Families, the majority of those accused of elder abuse are the children, grandchildren and other relatives of the older adult. This is sad but expected. However, about 2 out of every 10 cases occur in a home facility.

Sometimes, you and your loved one would require more than just investigation, but also legal back up in litigating your elder abuse case, especially when you are going up against a reputable home. Whatever the case is, kindly contact our elder law office to obtain legal help from an elder law attorney.

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Attorneys in Miami

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