Elder abuse is often an overlooked topic of discussion, despite the importance of safeguarding the vulnerable from abuse and exploitation. As a result of this, there is often a lack of awareness in recognising and responding when a loved one is abused in their more vulnerable years. Throughout this article, we will cover how you can recognise when someone is the victim of elder abuse, how you can help them, and where you can find assistance.
Understanding Elder Abuse:
Elder abuse encompasses various forms of mistreatment by a trusted individual that causes harm on an older adult, and can be especially prevalent on those who have lost capacity due to their vulnerability. This ranges from physical abuse, sexual abuse, emotional abuse, financial exploitation, neglect or abandonment. It is important to note that a trusted individual, particularly a caregiver, is often the perpetrator, as they are able to isolate and exploit said older adult. Commonly elder abuse will occur in the elder’s home, as well as nursing and care homes, however it can happen anywhere. Because of the encompassing nature of elder abuse, it is crucial to be able to recognise it for the sake of the wellbeing of older adults.
Recognising the Signs:
Elder abuse is often a difficult thing to notice, as the abuser is likely to not only be secretive with their abuse, but also may try to isolate the victim from others who could intervene. That being said, you may have some initial concerns should a new person appear in their lives and act in a suspicious manner, or if you notice and of the following common indicators:
- Unexplained injuries;
- Sudden changes in behaviour;
- Withdrawal from social interactions;
- Sudden changes in mood;
- Poor hygiene or malnutrition;
- Financial discrepancies;
- Sudden changes in Wills or Lasting Powers of Attorney; or
- Caregiver’s refusal to allow visitors to see the elder alone.
It is crucial to note that this is by no means a comprehensive list of the ways in which you may notice that an older adult is being abused, but it does cover general aspects that are common for a variety of forms of abuse.
It can often be difficult to identify that an older adult is being abused by nature of the abuse. While physical abuse may be noticeable if you can see injuries, they may be encouraged or forced to cover them up. Sexual abuse can be difficult to identify unless there are emotional repercussions, at which point you may find it difficult to notice any unusual behaviour if you aren’t familiar with their usual behaviour. To notice whether someone is being financially exploited you have to have access to their finances, as would be the case if you were acting as an Attorney for them. Because of this, it is important to be familiar with what you may need to look out for – an opportunity to notice elder abuse may not arise often.
Legal Measures to Mitigate Elder Abuse:
It can be difficult to know how to act when someone close to you is being exploited. However, there are a number of legal measures you can take that can help prevent abuse before it arises. Lasting Powers of Attorney can allow them to appoint a trusted individual, or individuals, to act on health or asset related matters. This can make sure that somebody that the Donor trusts has power to make decisions for them. Additionally, if it is made in advance of old age, it is less likely that someone who wishes to find and exploit an older person becomes an Attorney.
In the case that an Attorney is the abuser, however, an Attorney is held accountable to a higher degree than an informal carer, due to the numerous ways in which they can be stripped of their power. Should the Attorney not be acting in the best interest of the Donor, any concerned party can apply for the removal of said Attorney, including other Attorneys, friends or relatives. The Office of the Public Guardian, and in some circumstances, the Court of Protection, are also able to initiate the removal of an Attorney.
Therefore, Lasting Powers of Attorney can help not only to give power to someone who is trusted, but should this be compromised, provides more basis for the removal of an abuser where the Donor’s wellbeing is concerned.
Additionally, establishing a Will or a Trust means that an older individual can confirm their wishes for their Estate and assets prior to losing capacity. A Will can detail exactly how they want their Estate to be distributed upon their death, while in a Trust, assets are given by the Settlor to be managed by a Trustee for a Beneficiary. While a Trustee can also be a Beneficiary, the ability to divide responsibility and Beneficiary allows for a less exploitable system for a prospective abuser.
As mentioned prior, there are still ways in which an abuser can take control of an older person’s finances or health decisions, however, it is best to establish any of these legal measures ahead of time to limit the likelihood of legal exploitation. Furthermore, if you are aware of the decisions surrounding their assets and health-related wishes, this can help identify abuse when there is deviation uncharacteristic of the older adult.
If you are instead in a position where you need to take action following suspected elder abuse, there are a number of resources and helplines you can use. The Association of Lifetime Lawyers is a national organisation which specialises in assisting the victims of elder abuse. You can find their website at https://lifetimelawyers.org.uk/ or call them at 020 8234 6186. Age UK has an advice line if you dial 0800 678 1602, and Hourglass is a service available at 0808 808 8141, both of which can help with advice and protection from abuse and neglect. Using these resources, you can find the information and assistance needed to help a victim and ensure their protection.
If you have any further questions about elder abuse and its prevention, feel free to contact us here, or contact the organisations above.
