Perpetrators of Elder Abuse Are Usually Family Members

Elderly people need trustworthy family or individuals to help them as they age. As people grow older they need guidance either physically or psychologically, which makes them dependent upon caregivers or family members. This dependence makes them especially vulnerable for abuse.

It’s hard for an older person to complain about someone taking advantage of them when that person is taking care of them by providing meals, transportation and making financial decisions. The threat of cutting off support to the elderly person from the child or caregiver is enough to keep them quiet about theft, physical abuse or neglect. Threats of violence may also be used against them.

Nearly a tenth of the elderly population is estimated to be abused, however; only 10% of it is ever reported. Abuse in nursing homes has more attention towards it but most elder abuse comes from family members. Most states have laws to protect the elderly from this abuse.

Here are some of the ways the elderly could be abused:

·       Sexual abuse

·       Physical abuse

·       Emotional abuse

·       Financial abuse, stealing money or changing title on assets

·       Active neglect where a caregiver actively fails to fulfill care-taking functions, such as abandoning, depriving them of food, water, heat, hygiene, eyeglasses, dentures, or other health related services

·       Passively neglecting by not willful failure of care-taking responsibilities, such as ignorance of care giving knowledge, infirmity, or disputing the value of services.

·       Self-neglecting by the individual not able to care for themselves.

Every state has an agency to receive a complaint about abuse. Failure to report elder abuse, in certain states, is a crime. To contact an abuse complaint department, visit http://www.cdss.ca.gov/agedblinddisabled/PG1298.htm and call one of the various departments in your area.

The No Matter What Documents!! Power Of Attorney Documents

Sadly, death or mental incapacity due to illness or accident may strike at any time. Executing these documents NOW, while healthy and competent will prevent the need for unnecessary court intrusion and expense, and unintended consequences!

With respect to creating these ‘NO MATTER WHAT DOCUMENTS’… there is no time like the present!  There are two kinds of Powers of Attorney, one is for health care and medical decisions and the other is for financial decisions. Both of these are important for you and your loved ones to have.

1. Choosing a Personal Representative for Health Care Decisions

The Advance Health Care Directive allows you to make decisions about the ability to keep you alive in certain circumstances. This may include life support, artificial nutrition or hydration. You may also specify any medications you would want or where you would like to spend your last moments. These documents are flexible and help your family members guide you through your last wishes.

Executing an Advanced Health Care Directive (medical durable power of attorney) assigns the person of YOUR CHOICE to act on your behalf to make medical decisions if you are mentally incapable of making those decisions yourself, without the need of proceeding to court for an appointed conservator of your person.

2. Choosing a Personal Representative for Financial Decisions

For financial decisions, you, as the principal, appoint one or more people to be your “attorney-in-fact” to all of your financial decisions. Your attorney-in-fact can make all the same financial decisions regarding your assets and liabilities as you can.

Power of Attorney can take effect immediately or be specified to take effect when you become incapacitated or incompetent as declared by one or more physicians. This is why the power of attorney is considered durable, because it survives your incapacity or incompetency.

Executing a Durable Power of Attorney identifies a the person of YOUR CHOICE to act on your behalf to make financial decisions if you are mentally incapable of making those decisions yourself, without the need of proceeding to court for an appointed conservator of your estate (assets).

3. Choosing a Personal Representative for Communications with Doctors and Medical Facilities

Under the HIPAA Privacy Rule, an individual may authorize release of his or her protected health information (PHI) to only a specific person(s). Executing a HIPAA Release Form allows your doctor to speak with those you designate regarding your health issues if you are mentally incapable… even for a short time.

   Take advantage of a free phone consultation or appointment for a free 30 minute consultation to review your individual situation and determine if you would benefit from our experience and legal services.

For more information go to www.la-lawcenter.com or call us at:

Local Phone: (818) 241-4238 or

Toll Free Phone: (877) 537-8283