Elder Abuse Law
Elder Abuse is a single or repeated act or lack of appropriate action, occurring within any relationship where there is an expectation of trust, which causes harm or distress to an older person.
There are five main types:
- Physical: e.g. hitting, slapping, burning, pushing, restraining or giving too much medication or the wrong medication
- Psychological: e.g. shouting, swearing, frightening, blaming, ignoring or humiliating a person
- Financial: e.g. illegal or unauthorized use of a person’s property, money, pension book or other valuables
- Sexual: e.g. forcing a person to take part in any sexual activity without his or her consent
- Neglect: e.g. where a person is deprived of food, heat, clothing or comfort or essential medication
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Perpetrators of this type of abuse can include anyone in a position of control or authority, whether that is within a family or institutional situation. This can include a partner, child or other relation, a friend or neighbor, volunteer worker, or a health, social care or other worker.
A specialty in Legal Practice, covering Estate Planning, wills, trusts, arrangements for care, social security and retirement benefits, protection against elder abuse (physical, emotional and financial), and other concerns of older people.
There are many organizations that specialize in representing Senior Citizens and Elders in legal matters.
When should you hire an elder abuse attorney?
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For issues like elder abuse, fraud recovery and various forms of neglect, it's obvious you'll need an elder abuse lawyer. However, there are a variety of reasons consulting with an elder law attorney would save you and your loved ones a lot of money, grief and legal hassles, including these reasons:
- Disability planning, including use of durable powers of attorney, living trusts, living wills, advanced directives and other means of delegating management and decision-making to another in case of incompetence or incapacity Conservatorship and Guardianship
- Coordinating private and public resources (including income assistance benefits) to finance the cost of care and to permit access to the appropriate type of medical and personal care including home health care, nursing home care, hospice and respite care
- Conservatorships and Guardianships
- Estate planning, including planning for the management of one's estate during life and its disposition on death through the use of trusts, wills and other planning documents
- Preservation/transfer of assets seeking to avoid spousal impoverishment when one spouse enters a nursing home
- Medicaid planning
- Medicare claims and appeals
- Social security disability claims and appeals
- Supplemental and long term health insurance issues
- Probate issues
- Administration and management of trusts and estate
- Long-term care placements in nursing home and life care communities
- Nursing home issues including questions of patients' rights and nursing home quality
- Housing issues, including discrimination and home equity conversions
- Age discrimination and employment
- Retirement, including public and private retirement benefits, survivor benefits and pension benefits
- Health law matters
- Mental Health law matters
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Elder Law | What is Elder Abuse | Nursing Home Abuse | Medicare | Medicaid