VULNERABLE ADULTS / ELDER ABUSE

Transcription

1 VULNERABLE ADULTS / ELDER ABUSE Wh is cnsidered a vulnerable adult? An individual age 18 r ver wh. because f age, develpmental disability, mental illness, r physical disability requires supervisin r persnal care r lacks the persnal and scial skills required t live independently. MCL m(u) A persn wh is placed in an adult fster care family hme r an adult fster care small grup hme pursuant t sectin 5(6) r (8) f 1973 PA 116, MCL722,115. MCL Sectin 3(1)(b). Vulnerable is defined as a cnditin in which an adult is unable t prtect himself r herself frm abuse, neglect r explitatin because f a mental r physical impairment r because f advanced age. Sectin 11(f) Scial Welfare Act, MCL 400:11. Vulnerable Adult Financial Explitatin MCL a A persn shall nt thrugh fraud, deceit, misrepresentatin, cercin, r unjust enrichment btain r use r attempt t btain r use a vulnerable adult s mney r prperty t directly r indirectly benefit that persn knwing r having reasn t knw the vulnerable adult is a vulnerable adult. Criminal penalties are based n the amunt f funds invlved. Vulnerable Adult Assault and Abuse MCL and MSA and thers reference special prvisins fr battery and/r sexual assault victims with dmestic relatinships with the assailant: The victim is the assailant s spuse r frmer spuse. The victim has had a child in cmmn with the assailant. The victim is a resident r frmer resident f the same husehld Elder Abuse Facts Abuse cmes in many frms. Knw the signs and symptms f abuse and dn't be hesitant t act n a gut feeling. Educate thse arund yu abut Elder Abuse and what t d if they believe a vulnerable adult is being abused. Ensure that supprt is available t caregivers. Often abuse is the result f frustrated, verwrked caregivers wh became verwhelmed and lash ut at the vulnerable adult. Mst incidents f elder abuse d nt happen in nursing hmes; rather it takes place at hme. The great majrity f lder peple live n their wn r with their spuses, children, siblings, r ther relatives, nt in institutinal setting. When elder abuse happens, family, ther husehld members, and paid caregivers usually are the abusers. Althugh there are extreme cases f elder abuse, ften the abuse is subtle, and the distinctin between nrmal interpersnal stress and abuse is nt always easy t discern. There is n single pattern f elder abuse in the hme. Smetimes the abuse is a cntinuatin f lng-standing patterns f physical r emtinal abuse within the family. Perhaps, mre cmmnly, the abuse is related t changes in living situatins and relatinships brught

2 abut by the lder persn's grwing frailty and dependence n thers fr cmpaninship and fr meeting basic needs. It isn't just infirm r mentally impaired elderly peple wh are vulnerable t abuse. Elders wh are ill, frail, disabled, and mentally impaired r depressed are at greater risk f abuse, but even thse wh d nt have these bvius risk factrs can find themselves in abusive situatins and relatinships. Stay alert t pssible signs and symptms f the different frms f abuse, signs include: Unexplained injuries r behavir; Vulnerable adult appears afraid f a persn r certain situatins; Vulnerable adult is kept islated frm thers; Vulnerable adult reprts abuse. What an Adult Child f Elder Parents Can D t Help Prtect Them: Talk with yur parent(s). Get a feel fr what they understand, what they want and what they d with their time. If yu feel that yur parents are at risk fr their physical r financial welfare, file a reprt with Adult Prtective Services (269) APS will d a hme visit and make an assessment f their needs. Have medical assessments dne. It will be necessary t have medical dcumentatin t supprt husing and/r financial assistance. Ensure that yur parents have prepared a will. Cnsider btaining Pwer f Attrney (POA). There are varying pwers available and need nt take cntrl frm yur parent's ability t make their wn decisins. A POA is very helpful when needing t access medical r financial recrds. Knw yur parent's financial histry. Learn where they bank, have their investments and what their spending habits are. Criminal r Civil Remedies if yu suspect abuse has ccurred: A restraining rder may be requested t retrain a persn frm having cntact with the vulnerable adult. Applicatins fr a PPO can be btained thru the St. Jseph Cunty Clerk s Office. Yu will need t cmplete the required frms and they will then be reviewing by a judge t determine what if any restraints will be apprved and then served n the individual yu are filing against. Yu may want t discuss with yur attrney varius civil r criminal remedies available when intentinal inflictin f emtinal distress, duress, negligence, cnversin, fraud and deceptin, breath f fiduciary duty, unjust enrichment, breach f cntract, etc. ccur. Curt rdered Cnservatrship r Guardianship (see sectin belw) What is a Cnservatrship and Guardianship and when and hw are they btained? The traditinal distinctin between guardians and cnservatrs is as fllws:

3 Guardians A guardianship is a legal right given t a persn t be respnsible fr the care f anther wh is incapable r prviding fr themselves. This includes fd, health care, husing and ther necessities. Cnservatrs - A cnservatrship is a legal right given t a persn t be respnsible fr the assets and finances f a persn deemed fully r partially incapable f prviding these necessities fr himself r herself. Sme jurisdictins use the term cnservatrship t be synnymus with guardian f the estate r a similar name. There are many circumstances where a persn is still able t live an independent life, but may require assistance with his r her assets due t failing health r disability. Thus it is nt unusual fr a petitin t be made fr the appintment f a cnservatr, even where the allegedly incapacitated persn des nt require a guardian. When Is A Cnservatrship Required? It may be necessary t petitin a curt t appint a legal guardian fr persns: Wh have physical r mental prblems that prevent them frm managing their wn financial affairs; Wh have n persn already legally authrized t assume respnsibility fr them; and Where ther kinds f assistance with financial management will nt adequately prtect them. The Purpse f Curt Supervisin The curt supervises the cnservatr's actins by requiring that permissin be btained in advance f certain majr transactins (such as the sale f a legally incapacitated persn's hme), and thrugh annual accuntings, in rder t ensure that the legally incapacitated persn's assets are being prperly managed, bills are being paid, nbdy is misapprpriating funds, and the estate is nt being wasted. Aviding Cnservatrship It is pssible t avid the necessity f a cnservatrship thrugh estate planning. A gd estate plan will include a general durable pwer f attrney t permit a trusted individual t manage yur persnal affairs in the event f yur incapacity. Yu may als create a mre limited pwer f attrney, which prtects yur assets in the manner yu desire rather than leaving their management t the discretin f a cnservatr r curt. In mst cases, when this dcument has been executed in accrd with the laws f yur state, it will nt be necessary fr yur lved nes t seek the appintment f a cnservatr shuld smething happen t yu. Yu may als chse t place yur assets int a living trust, such that they are autmatically under the management f a designated trustee in the event that yu becme disabled. Ombudsman Prgram Ombudsmen are advcates fr residents f nursing hmes and adult fster care hmes. They represent the interests f residents They wrk with individual residents t reslve prgrams and prmte quality care.

4 Prvide a cmmunity presence by rutinely visiting residents f lng term care facilities. Educate residents abut their rights. Will answer questins n alternatives t nursing hme care and shpping fr lng term care services. St. Jseph Cunty Resurces St. Jseph Cunty Department f Human Services (Adult Prtective Services Unit), Centreville, MI Adult Prtective Services assures adults in need f prtectin are lviign in a safe and stable situatin including legal interventin, where required, in the least St. Jseph Cunty Prbate Curt, Centreville, MI Dmestic vilence and PPO assistance St. Jseph Cunty Cmmunity Mental Health, Three Rivers, MI Michigan Prtectin & Advcacy Services (MPAS) MPAS can prvide technical assistance, referrals, direct representatin thrugh advcates and attrneys. St. Jseph Cunty Cmmissin n Aging, Three Rivers, MI r St. Jseph Cunty Dmestic Assault Shelter, Three Rivers, MI MICHIGAN RESOURCE LIST

5

6