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Questions about Elderly Abuse Laws

Elderly abuse, also called senior abuse, is a term that collectively describes the different types of harm caused to senior citizens. Some of the common forms of elderly abuse are financial abuse and abuse in nursing homes. There are elderly abuse laws put in place to protect the rights of seniors, but a lack of knowledge about what constitutes elderly abuse can lead to questions. Below are the top elderly abuse questions that have been on JustAnswer.

What are the signs of elderly abuse?

In a large number of cases, if someone suspects elderly abuse, their suspicions are correct. The elderly cannot always understand or articulate what is happening to them, and those around need to watch for signs of elder abuse. Verbally announcing that they are being harmed may frighten seniors. Some of the signs to watch for are: depression, declining outings with people other than their caregiver, fear of making their own decisions and putting off doctor visits. There could be many other signs of elderly abuse as well. If you fear you or your loved one may be facing some type of elderly abuse, Experts on JustAnswer can answer your legal questions on this subject.

What is elderly abuse in a nursing home?

There are many forms of elderly abuse including abuse in the nursing home. Elderly abuse in nursing homes can take many different forms, some of which people may not be aware of. Any type of physical and psychological neglect, abandonment and financial abuse at the nursing home can be considered an instance of nursing home elderly abuse. Rights abuse – or a violation of the rights of the elderly – is one of the most common violations. If you have questions regarding elderly abuse laws or whether something qualifies as nursing home elderly abuse, ask a lawyer on JustAnswer.

Is it elderly abuse if someone takes over a senior citizen’s assets or money against their will?

Anytime an elderly person is made to feel under duress or forced to give up their assets against their will, it could be considered a form of elderly abuse. Certain forms of elderly abuse may also be considered fraud or theft. The laws on elderly abuse may differ by the state where the offense occurs. Legal Experts on JustAnswer can answer questions about senior abuse laws applicable in your state.

Can someone be appointed legal guardian of an elderly person to safeguard them from elderly abuse?

In most states, all that is required to become a legal guardian of a senior citizen is a petition for guardianship with the court. As long as the elderly person is in agreement, guardianship is usually easy to obtain. However, there are times when the elderly person is not in agreement and his or her competency can become a contentious issue in court. In such situations, legal counsel may be needed. In most cases, if the court finds that the elderly person would benefit by having a legal guardian, it will assign a guardian. If elderly abuse is an issue, the court will usually take the best interest of the elderly person into consideration and assign a legal guardian even if it is against the wishes of the beneficiary.

Where would someone report elderly abuse?

Anytime elderly abuse is suspected, you would need to report the abuse to the nearest adult protective services. Most states have an adult protective services headquarters. Family Lawyers on JustAnswer can help answer many questions about how to report and prevent abuse of the elderly in your state.

Ask a Family Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 9263
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
characters left:
Family Lawyers are Online Now

How JustAnswer Works:

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Family Lawyers are online & ready to help you now

Ely
Counselor at Law
Satisfied Customers: 8085
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
LawTalk
Attorney and Counselor at Law
Satisfied Customers: 6424
27+ years legal experience. I remain current in Family Law through regular continuing education.
FiveStarLaw
Lawyer
Satisfied Customers: 6336
25 years of experience helping people like you.

Recent Elderly Abuse Questions

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    Hi, my wife (a legal immigrant with green card, approx. one year in USA) and I will be moving to Washington state soon when my military contract ends, and it is a "community property" state, but we would both prefer to have our property governed normally, as a commonlaw arrangement is better for our situation, is there some way to arrange this and opt out of "community property" rules? Some kind of paperwork we could file?
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    We reside in Texas. I have 2 kids, 15 and 17. They have both lived with me their entire life since I divorced their father until recently when my daughter, after having been grounded for a month for inappropriate, risky behavior, succumbed to her father "buying" and manipulating her to get out of her consequences. She now resides with him, and we are estranged. The Court has now ordered that all child support cease and that I be responsible to pay for both kids' medical insurance of their father's choosing, be it employer or independent agency. I, of course, already carry insurance on them b/c their father usually changes jobs every 18 to 24 months. Is there case law to support this mandate by the judge, and can he actually lawfully order where I actually purchase the insurance from? We're talking a difference of 70% increase if I drop my coverage and pay their father's coverage.  Also, will my obligation legally end with one child when they turn 18/ or graduate high school, whichever occurs first?

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