It is critical that you speak to the older adult alone to create an environment safe for disclosure. Make sure the older adult has the assistive devices necessary to participate in the conversation fully, such as glasses or hearing aids. Start with simple questions about the older person’s daily activities. Try not to use the word “abuse.” Instead, ask if the older person is properly respected or if the older person is afraid of anyone they know. Never promise to keep abuse a secret. Instead, educate the older adult about available options and create a safety plan together. Always leave the older adult with information about available resources.
A person is considered disabled for purposes of the ADA if he or she has a physical or mental impairment that substantially limits a major life activity. “Major life activities” include, but are not limited to: performing manual tasks, seeing, hearing, walking, standing, sitting, speaking, breathing, reading, communicating, and the operation of a major bodily function. 28 CFR 35.108(c)(1)(i, ii). “Substantially limits” is to be construed broadly and is not intended to be a demanding standard. 28 CFR 35.108(d)(1)(i).
According to the Centers for Disease Control and Prevention, elder abuse is an intentional act or failure to act by a caregiver or another person in a relationship involving an expectation of trust that causes or creates a risk of harm to an older adult. In New York, there is no authoritative legal definition of elder abuse.
Elder abuse is a widespread, growing phenomenon and attorneys like you are effectively positioned to identify, address and remedy incidents of elder abuse within your pool of clients or potential clients. According to the 2011 Under the Radar: New York State Elder Abuse Prevalence Study, 14% of all older adults in New York State have experienced some form of elder abuse since turning 60. Yet, for every elder abuse incident documented by law enforcement or social service agencies, nearly 24 go unreported. Nationwide, elder financial abuse results in an annual financial loss to victims of $36.48 billion, according to a 2015 study by TrueLink Financial.
Indicators of abuse include:
Yes. Speak with the client alone, away from any friends, relatives or caregivers who may have accompanied the client to your office. Attempt to make your client comfortable. Try to ensure that your client has the appropriate glasses, hearing aids or other assistance needed to participate fully in a conversation, as sensory impairments can often be a barrier to meaningful dialogue. Ask questions about the aspects of the client’s situation that are troubling to you, beginning with less invasive, less threatening topics and language. For example, you might consider using the term “mistreatment” instead of “abuse”. Remember that your client may react with some degree of fear, shame or shock. Develop a plan for your client to contact you independently for follow up. Be sure to follow up if you say you will. Consider integrating some questions that screen for elder abuse in your standard intake process.
It is critical that you speak to the older adult alone to create an environment safe for disclosure. Make sure the older adult has the assistive devices necessary to participate in the conversation fully, such as glasses or hearing aids. Start with simple questions about the older person’s daily activities. Try not to use the word “abuse.” Instead, ask if the older person is properly respected or if the older person is afraid of anyone they know. Never promise to keep abuse a secret. Instead, educate the older adult about available options and create a safety plan together. Always leave the older adult with information about available resources.
Yes. Such evidence may include:
The Elder Justice Resource Guide includes information about elder abuse, accessible courtrooms for older adults, capacity and confusion, effective communication, and available resources for older adults experiencing abuse. The Guide also includes a comprehensive directory of national, state, and local services available to older adults.
