As adults get older, their ability to take care of themselves reduces. Therefore, they cannot fight back if attacked, withstand bullying or even take good care of themselves. Elder abuse involves sexual, emotional, or physical harm imposed on older individuals by those responsible for their care. In the U.S., more than half a million cases have been reported to the authorities concerning elder abuse annually. However, there are also a large number of elder abuse cases that go unreported. California Penal Code 368 PC refers to elder abuse as financial exploitation and emotional or physical abuse neglect of a 65 years old or older individual. This crime can be prosecuted as a felony or a misdemeanor, and it is punishable by four years in prison or jail.
Scenarios Leading To Elder Abuse
As older individuals become physically weaker, their physical or mental ailments might result in them attempting companionship with those caring for them. Therefore, it could be challenging for them to think or hear clearly like they used to. This leaves gaps for crooked individuals to take advantage of their condition.
Mainly, elder abuse occurs in the areas where the seniors reside. The abusers of the older individuals are often family members such as a partner, grandchildren, or a spouse. Elder abuse has also been noticed in institutional areas, especially long-term care facilities.
How do you prevent elder abuse?
According to the law of California, The crime of Elder Abuse in California- PC 368. Penal Code 368 elder abuse statute makes it a crime to inflict emotional or physical abuse on anyone who is 65 years or more. Therefore, if you are in charge of providing care to any elderly individual and by any chance have a feeling that you might be in danger of neglecting or hurting them, support and help are always available. Pursuing this path would help in protecting an elderly person from abuse.
Maybe you feel like you cannot control your anger, or most of the time, you are screaming louder at the older individual you care for. In addition, you might find out that other people have issues with how you treat the elder one under your care. If any of that occurs to you, then you recognize the problem. Such knowledge is the first step to seeking help hence preventing elder abuse. In doing so, you would have defending the senior citizens from physical, emotional, and psychological torture and prejudice which would have denied them peace. Increasing sorrow to the elderly not only tortures their minds but also shortens their life on earth.
How to protect yourself from elder abuse?
As an elder, protecting yourself from abuse is the first step to recovering from elder abuse. However, if your caregiver is also aware of their issues and they agree to work on them, it is also a better and more promising way to help you recover from elder abuse. If, by any chance, your caregiver or the care facility that is assigned to you is abusing you, getting an elder abuse lawyer is the best action to take.
Guiding Steps on How to Overcome Elder Abuse
For one to protect themselves from elder abuse successfully, below are some of the steps that should be taken:
- Always avoid being isolated. Being isolated mostly results in needing help to get good care. Especially for older individuals. Therefore, being close to those in your care is entitled to be safe and prevents one from experiencing any form of elder abuse.
- Always make sure that legal and financial affairs are well catered for. If they need to be in order, enlisting a professional to bring everything in order is advisable. It is also wise to include a trusted relative or a friend to help get your legal and financial affairs in order.
- Many are times when an older individual is not comfortable or rather is not happy with the care that is being given to them. Whether it is in any care facility or own home, speaking up is advisable. One can open up to a friend or anyone they fully trust or seek help from an elder abuse helpline.
- When elder people are given out to a care facility or a specific individual who will be taking care of them, they are allowed to choose the person who will care for them. Therefore, making a good choice by selecting an individual that you trust is advisable. This makes it easy for the elder to stay around those they have chosen as their caregiver, avoiding any elder abuse claim.
Bottom Line
In general, Recovering from elder abuse attacks is covered by protecting them from any form of mishandling by the care facility they are in or the individuals they are entitled to. Leaving them at the hands of cruel people would expose them to precarious scenarios where they can be tortured and abused. Remember that aging comes with its own challenges, and therefore, it would not be appropriate to add abuse or other miseries to senior citizens. Caring and protecting them can enhance their lives and enables them to relax as they enjoy their final ages on earth.
Informed Legal Help Can Protect Your Elderly Loved One
If your elderly loved one is victimized, you must ensure that the culprits are accountable for their wrongs and consider seeking lasting remedies. However, the California Elder Abuse Law can be sophisticated for you to handle independently, especially if you have not specialized in legal affairs. In these circumstances, you are advised to consult an experienced attorney or law firm like Stalwart Law Group. A legal practitioner can reveal whether you or your loved one has a case and guide or advice on proving the case in California. Other legal advice a lawyer can offer includes guiding you through the complicated litigation process and what to do to unravel the complexities. Ultimately, they can help you understand your best legal options so that you can protect your loved one and hold abusive and neglectful individuals accountable.
* The articles provided on the Stalwart Law website are for informational purposes only and are not intended to be used as professional legal advice or as a substitute for legal consultation with a qualified attorney.
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