WHAT IS ELDER ABUSE? Elder Abuse is the abuse, exploitation or self-neglect of a senior citizen.

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1 T E X A S YO U N G L AW Y E R S A S S O C I AT I O N

2 WHAT IS ELDER ABUSE? Elder Abuse is the abuse, exploitation or self-neglect of a senior citizen. PHYSICAL ABUSE Physical abuse means the negligent or willful infliction of injury, unreasonable confinement, intimidation, or cruel punishment with the resulting physical or emotional harm or pain by a caretaker, family member, or other individual who has an ongoing relationship with the person. EMOTIONAL AND PHYSICAL SIGNS OF ABUSE Fear, Anxiety, agitation Anger Isolation, withdrawal, depression, ambivalence Hesitation to talk Confusion or disorientation Injuries not properly cared for Injuries inconsistent with explanation of cause Pain from touching Scratches, bruises, cuts, welts, burns, broken bones

3 EXPLOITATION Exploitation means the illegal or improper act or process of a caretaker, family member, or other individual who has an ongoing relationship with the elderly or disabled person, using the resources of an elderly or disabled person for monetary or personal benefit, profit, or gain without the informed consent of the elderly or disabled person. SIGNS OF EXPLOITATION Frequent expensive gifts or loans from elder to caregiver Elder s personal belongings, papers, credit cards missing Unpaid bills Recently created or updated will that elder is incapable of writing Caregiver s name added to bank accounts or unusual activity on accounts Elder unaware of monthly income Caregiver s refusal to spend money on elder Checks on legal or financial documents do not match elder s Elder unaware of reasons for appointment with banker or attorney SELF-NEGLECT Self-neglect is the failure to provide for one s self the goods or services, including medical services, which are necessary to avoid physical or emotional harm or pain or the failure of a caretaker to provide such goods or services.

4 SIGNS OF SELF-NEGLECT Dehydration or Malnutrition unrelated to illness Physically unclean and unkempt Excessive fatigue and listlessness Soiled, ragged clothing Unmet medical, dental or physical needs Refusal to take medication or disregarding restrictions Home in disrepair, filthy, cluttered Unpaid utility bills Lack of food, water or medications Intentional isolation Confusion or disorientation WHO MUST REPORT? If you suspect that someone 65 years of age or older is being abused you must report abuse. 1 In some situations, you can be criminally liable for not reporting. 2 1 Human Resources Code Texas Penal Code 22.04

5 SIGNS OF AN ABUSIVE CAREGIVER: Isolates elder, keeps from visitors, family and friends Aggressive or indifferent behavior toward elder Lack of affection toward elder Conflicting accounts Flirtation suggesting inappropriate sexual relationships History of family violence, substance abuse, criminal behavior Extraordinary stress Considers elder a burden HOW TO REPORT ELDER ABUSE: To report abuse, you can call: 1. Texas Department of Aging and Disability (800) Adult Protective Services (800) You can report the abuse of a senior orally or in writing. The report is also completely confidential and you may choose to remain anonymous. In the report, you must provide the following information: 1. Name of the individual; 2. Address of the individual; 3. Nature of the condition; 4. Basis of reporter s knowledge. You are NOT required to disclose your name or contact information, but it helps the APS workers conduct their investigation. You may be required to assist with additional information in the investigation, but the report will be kept confidential. By making the report you are immune from criminal and civil liability.

6 AFTER THE REPORT APS caseworkers investigate reported abuse to determine if the reported situation exists and to what extent. A caseworker is assigned the investigation must begin 24 hours of the complaint. The caseworker completes a comprehensive assessment of the alleged victim's situation. When reports are confirmed on cases and protective services are appropriate, APS caseworkers provide or arrange for services to alleviate or prevent further maltreatment. Services may be provided directly by caseworkers, through arrangements with other community resources, or purchased by APS on a short-term, emergency basis. If the victim is competent, they can refuse services. Texas Young Lawyers Association 1414 Colorado Street, Suite 502 Austin, TX (800) ext: