All in the family: Elder abuse a growing problem

 Editor - -- Most people when they think of elder abuse consider this must be a
care home problem, but more and more social services are finding it is
often a family member of the abused doing the harm.

Why does this happen?  The reasons are many.  It can be money, or inheritance issues; but more often it can be other concerns.

And often the crime goes unreported because the abuse occurs in the family.

An elderly man's oldest son steals the money the old man had been hiding in his bedroom.  The old man's daughter learns about it, creating a rift between her and her brother.  The brother denies taking the money, shifting the blame to the others, until the whole family is involved.

Financial abuse may be more difficult to spot, but it is a major crime against the elderly, often perpetrated by a family member.

And physical abuse is hidden and described as the result of a fall or running into a door or some other event that makes it appear as an accident, when in fact a son, a daughter, a nephew or some other close relative is the one to blame for the bruise.  Or worse: the death.

This kind of issue is seen around the country, as national surveys of the problem indicate.

There are ways to protect the elderly from relatives who seek to take
advantage of them or harm them.  One way is to seek to have an offending
relative's power of attorney or guardianship rights removed.

In 2007,  in just New Jersey alone there were 2,249 cases of abuse, neglect
or exploitation of the elderly. In 2008, the number climbed to 2,492.  That was just one state seven years ago.  The problem has grown even larger since then.  The numbers, however are expected to grow even further when more cases are reported.

There are many forms of elder abuse.  Abuse can be emotional, sexual, exploitation, verbal or neglect.  The abuse can occur inside the home or in care facilities.

Some states have a Bill of Rights, as New Jersey has for its nursing home
residents. Assisted living facilities are bound by a separate set of
regulations, which are similar yet distinct from the statutes governing
nursing homes.

Along with the statutory/regulatory difference between nursing homes and assisted living facilities, there is a general, practical difference. Assisted living facilities generally provide less care than nursing homes. Thus, if a loved one is still independent and, for the most part, able to care for themselves, then an
assisted living facility may be the appropriate setting. However, if a
loved one is less independent and needs assistance on a more regular
basis, a nursing home may be the best place for them.

To help protect the elderly and prevent abuse in nursing homes, the state of New Jersey has established the Nursing Home Resident's Bill of Rights. If a residence or state has no Bill of Rights, the following is a guide used by many facilities to help people understand the seriousness of abuse and report it when it occurs:

According to the Resident's Bill of Rights, nursing home residents have certain rights, including:

- Right to manage own financial affairs, unless a guardian authorizes (in writing) the nursing home administrator to do so

- Right to wear own clothing

- Right to retain and use personal property, unless it would demonstrably unsafe to do so

- Right to receive unopened mail

- Right to a private telephone at own expense

- Right to privacy

- Right to a safe and decent living environment

- Right to reasonable opportunity for interaction with the opposite sex

According to the Resident's Bill of Rights, nursing homes are required to do certain responsibilities, including:

- Maintain a complete record of all funds, personal property and possessions of residents

-
Provide for the spiritual needs of residents by providing arrangements,
at resident's expense, for attendance of religious services

- Admitting only the number of residents that the nursing home believes it can safely and adequately provide care for

- Ensuring that medications are not used for punishments or administered for the convenience of the staff

If a nursing home is found liable for violating a resident's rights or
failing to perform any affirmative duties, the resident is able to
recover punitive and actual damages, attorney's fees and costs.

If you suspect that an elderly relative is suffering abuse or neglect at

the hands of a relative, nursing home or assisted living facility, there
are warning signs experts tell us that you can look for.

Possible warning signs of abuse include:

- Cuts, broken bones or bedsores

- Abrupt behavioral changes

- Missing possessions, including money from bank accounts

- Unexplained changes to a will

- Restricted or delayed visitation by the nursing home or assisted living facility

Possible warning signs of neglect include:

- Foul odors in bed or clothing

- Unclean hair or nails

- Unexplained weight loss

- Unexplained changes in behavior

When a loved one, an elderly individual with limited physical and emotional
resources, has to deal with abuse; the pain of living can be difficult.

Those who are interested in helping protect the elderly from abuse should maintain a close watch on the senior, the facility and individuals who are providing care to ensure the rights of the person are being protected. a loved one has been the victim of elder abuse at the hands of a relative, a nursing home or an assisted living facility.