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ELDER ABUSE. What is it?. Elder Abuse is a Crime. Louisiana Revised Statute 14:403.2 defines abuse to anyone over the age of 60 as a crime. CLIENT RIGHTS. Receive voluntary protective services if he or she consents to these services; Participate in all decisions regarding his or her welfare;
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Elder Abuse is a Crime • Louisiana Revised Statute 14:403.2 defines abuse to anyone over the age of 60 as a crime.
CLIENT RIGHTS • Receive voluntary protective services if he or she consents to these services; • Participate in all decisions regarding his or her welfare; • Choose the least restrictive alternative that meets his or her needs; • Refuse medical treatment or service recommendations; • Withdraw from or refuse protective services in self neglect cases; • Confidentiality of investigations.
Physical Abuse Sexual Abuse Emotional Abuse Abandonment Caregiver Neglect Self Neglect Financial Exploitation Extortion Types of Abuse:
Physical Abuse • The use of physical force that may result in bodily injury, physical pain, or impairment. • Examples: hitting, beating, pushing, shoving, shaking, slapping, kicking, pinching, and burning. • Less Recognized Examples: inappropriate use of drugs and physical restraints, force-feeding and physical punishment of any kind. NCEA Website: www.elderabusecenter.org
Physical Abuse;Signs to look for: • Bruises, black eyes, welts, lacerations, and rope marks • Bone fractures, broken bones, and skull fractures • Open wounds, cuts, punctures, untreated injuries in various stages of healing • Sprains, dislocations, and internal injuries/bleeding • Broken eyeglasses/frames, physical signs of being subjected to punishment, and signs of being restrained • Laboratory findings of medication overdose or under utilization of prescribed drugs • Statement of the client of being slapped, kicked, or mistreated. • Sudden changes in the elder’s behavior • Caregiver’s refusal to allow visitors to see an elder alone.* NCEA Website: www.elderabusecenter.org
Sexual Abuse • Non-consensual sexual contact of any kind with an elderly person. • Sexual contact with any person incapable of giving consent is also considered sexual abuse. NCEA Website: www.elderabusecenter.org
Sexual Abuse:Signs to look for • Bruises around the breasts or genital area • Unexplained venereal disease or genital infections • Unexplained vaginal or anal bleeding • Torn, strained, or bloody underclothing • Statements made by the elder of being sexually assaulted or raped* NCEA Website: www.elderabusecenter.org
Emotional Abuse • The infliction of anguish, pain or distress through verbal or non-verbal acts. • Examples: verbal assaults, insults, threats, intimidation, humiliation, and harassment. • Less Obvious Examples: Treating an older person like a child, isolating an elderly person from his/her family and friends or regular activities, and giving the “silent treatment”. NCEA Website: www.elderabusecenter.org
Emotional Abuse;Signs to look for • Being emotionally upset or agitated • Being extremely withdrawn and non- communicative or non-responsive • Unusual behavior usually attributed to dementia (ie; sucking, biting, rocking) • Elders statements of being verbally or emotionally abused* NCEA Website: www.elderabusecenter.org
Abandonment • The desertion of an elderly person by an individual who has assumed responsibility for providing care for an elder, or by a person with physical custody of an elder. NCEA Website: www.elderabusecenter.org
Abandonment;Signs to look for • The desertion of an elder at a hospital, or nursing facility • The desertion of an elder at a shopping mall • An elder’s statement of being abandoned* NCEA Website: www.elderabusecenter.org
Caregiver Neglect • According to Louisiana law, a Caregiver is any person or persons, either temporarily or permanently, responsible for the care of an aged person or a physically or mentally disabled person. • Caregiver Neglect: Is the failure, by a caregiver responsible for an adult’s care or by other parties, to provide the proper or necessary support or medical, surgical, or any other care necessary for the adult’s well-being. • Typically, Neglect means the refusal or failure to provide an elderly person with such life necessities as food, water, clothing, shelter, personal hygiene, medicine, comfort, personal safety, and/or other essentials. NCEA Website: www.elderabusecenter.org LA.R.S.14:403.2
Caregiver Neglect:Signs to look for • Dehydration, malnutrition, untreated bed sores, and poor personal hygiene • Unattended or untreated health problems • Hazardous or unsafe living conditions (ie; improper wiring, no heat , or no running water) • Unsanitary and unclean living conditions (ie; dirt, fleas, lice on person, soiled bedding, fecal/urine smell, inadequate clothing) • An elder’s statement of being neglected* NCEA Website: www.elderabusecenter.org
Self Neglect • The behavior of an elderly person that threatens his/her own health or safety. • Typically manifests itself in an elderly person who refuses or fails to provide himself/herself with adequate food, water, clothing, shelter, personal hygiene, medication, and/or safety precautions. • Louisiana Law states: “Protective Services may not be provided in cases of self-neglect to any adult having the capacity to consent, who does not consent to such service or who, having consented, withdraws such consent.” NCEA Website: www.elderabusecenter.org LA.R.S.14:403.2
Self Neglect;Signs to look for • Dehydration, malnutrition, untreated bed sores, and poor personal hygiene • Unattended or untreated health problems • Hazardous or unsafe living conditions (ie; improper wiring, no heat , or no running water) • Unsanitary and unclean living conditions (ie; dirt, fleas, lice on person, soiled bedding, fecal/urine smell, inadequate clothing) • Lack of necessary medical aids (ie; dentures, hearing aids) • Is the client confused or disoriented* NCEA Website: www.elderabusecenter.org
Financial Exploitation • The illegal or improper use of an elder’s funds, property, or assets. • Examples: cashing one’s check without authorization or permission; forging a signature; misusing or stealing one’s money or possessions; coercing or deceiving a person into signing any documents; improper use of a power of attorney or guardianship. NCEA Website: www.elderabusecenter.org
Financial Exploitation;Signs to look for • Sudden changes in bank account or banking practices • New names added to the client’s bank account and signature card • Unauthorized ATM withdrawals • Abrupt changes in the elder’s Will • Unexplained disappearance of money of possessions • Bills going unpaid when resources should be adequate • Signatures being forged • Previously uninvolved relatives start to appear, claiming their rights to an elder’s funds or assets • Unexplained sudden transfer of assets to a family member or someone outside of the family • The elder’s statements of being financially exploited* NCEA Website: www.elderabusecenter.org
Extortion • The acquisition of a thing of value from an unwilling or reluctant adult by physical force, intimidation, or abuse of legal or official authority. LA.R.S.14:403.2
Extortion;Signs to look for • Same basic signs as financial exploitation • May have physical signs (ie; bruising, etc) • May verbalize fears of being alone. • Statements of the elder of being extorted.*
According to Louisiana Law: • EVERYONE IS A MANDATORY REPORTER.
Elderly Protective Services: • Is the state agency delegated to investigate abuse, neglect and exploitation to elderly citizens over the age of 60. • There are 8 Regional Offices Across the State.
What EPS Does: • Locate and refer individuals to community agencies and facilities that offer the services they need. When necessary, advocate ( that is recommend, support and /or defend their rights.) • Provide short-term, limited , case management services. That is monitor the case for stability • Work with law enforcement to provide protection • Work with the judiciary system to remedy problems that require legal action from the D.A. or Judge when legal intervention is warranted. Methods of Legal intervention are • Order to Enter Home • Interdiction - full/limited • Order for Injunctive Relief- Restraining Order • Order for Mandatory Counseling • Order for Medical/Psychiatric/Psychological Evaluation • Power of Attorney • Admission by Emergency Certificate • Order for Protective Custody • Judicial Commitment • Protective Service Order- temporary custody by EPS to place elder in a protected environment until a more permanent solution can be arranged. • Provide information and referral service to individuals who do not meet the criteria for elderly protective services.
What EPS does not do: • We do not remove elders from their homes against their will unless it is determined that they are a danger to themselves or others. If this is determined, our office request an Order for Protective Custody from the Coroner or a District Judge and if granted, the elder is transported by a law enforcement officer to a facility for evaluation and/or treatment. • We do not force nursing home placement unless a doctor/psychiatrist determines that the elder is no longer mentally capable of making decisions, there is no family member/s available or willing or capable of caring for the elder and a court of law deems the elder incapable of caring for themselves or having the mental capacity to know. • We do not provide discharge planning for medical or other facilities. • We do not provide crisis intervention on an emergency basis. • We are not on 24 hour call.
Elderly Protective Services • STATE OFFICE: • 412 North Fourth Street • Baton Rouge, LA 70802 • Telephone # (225) 342-9722 • Toll Free # (800)259-4990 • Fax # (225) 342-7144 • Nationwide Toll-Free Elder Care Locator Number 1 – 800-677-1116 Elderly Protective Services