There are different ways an elder can suffer abuse. Being educated on each type will help you or your loved one know when abuse has occurred in order to take any necessary step.
https://bencamel.com/estate-planning-and-power-of-attorney/The seven prevalent types of elder abuse 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.
- 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 is sometimes intertwined with neglect. Howbeit, 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 abuse: These are acts, which produces fear, intimidation, or mental pain to the elder.
- Financial elder abuse: This occurs when a person who is supposedly responsible for the older adult intentionally, illegally and improperly uses the funds of the elder for their own selfish gains, disregarding the needs of 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: This occurs when the elder can no longer care for his or her own personal needs but does not take any step to ensure they get help. The elder simply neglects himself or herself.
Report any elder abuse promptly
A common case we often handle for our clients is reporting elder abuse. When older adults find themselves in nursing homes, they occasionally find themselves been abused or maltreated by the personnel. We understand that such issues are not easily reported and when done, take time to investigate. It is our aim to speed up the process to deliver quick and needful justice for our client when they suffer abuse.
To quickly report elder abuse, kindly call the Florida Department of Elder Affairs any time of day at 1.800.962.2873. You will be asked to explain what happened and the persons involved.
Florida Statues, Chapter 825 provides that intensified abuse of an incapacitated or older adult is a first degree felony, while Neglect that results in obvious bodily harm, disfiguration or disability is a second degree felony.
Proper Guardianship prevent abuse
Guardianship means conservatorship in some states. For the elderly, times would come when you don’t have the capacity to manage most areas of your life. It is thus important that you have a legal guardian. Legal guardian cater for ranging needs of any aged individual, however, you can limit what and what a guardian do for you. With the right documents you can appoint a desired guardian to make your medical and financial affairs. It is important to include the guardian and the type of guardianship you wish to get into your plans to limit any chance of abuse or exploitation.
Make incapacity plans
Our elder law attorneys offer professional and legal assistance with incapacity planning by creating relevant documents such as are described below:
Living will: Your living will is used to specify your wishes regarding end-of-life situation or terminal condition. We deem it expedient to use unambiguous language to state your wishes on what type of treatment you want, if you would need palliative care, resuscitation, life support or not.
Health care surrogate: In Florida, the healthcare surrogate stands for healthcare power of attorney. This document allows you to name a person and proffer to them the authority to make medical decisions on your behalf when you become unable to do so yourself.
Speak to an elder law attorney
State laws dictates and determine how elder law cases are solved. These laws determine how trust, living will, power of attorney and other elder law documents are created. In most cases, the state law authorizes whom and what can be included in Medicaid and other essential documents. These measures are to prevent any form of financial exploitation and abuse. As such, it would better to involve an expert who knows all about Florida. Elder law attorney in Florida would guide you through making the right plans and decisions, while also preventing all form of elder abuse.
Certain situation may aggravate elder issues and affect finances. The following cases such as, if you are involved in a second or third marriage, you’ve a disabled minor, you don’t have children or you have minor kids, you are divorced or have estate susceptible to federal and state taxes then you would need an elder law attorney who could also function in estate planning roles.
Elder law covers and addresses all legal need of the aged and the elderly, particularly preventing any form of elder abuse.
This legal needs include disability and healthcare planning, guardianship and conservatorship, estate planning and settlement, Medicaid and long term health planning, financial and personal elder abuse. All these elder needs are adequately taken care off by an elder law attorney.
You need an elder law attorney to help solve complex family and personal situations.