Elder Abuse: What It Is, How to Spot It, How to Stop It Kimberly Hegwood Hegwood Law Group 950 Gemini, Ste. 6 Houston, TX 77058 281-218-0880 © Hegwood Law Group, PLLC

Elder Abuse Elder Abuse is:- “....a single, or repeated act, or lack of appropriate action, occurring within any relationship where there is an expectation of trust, which causes harm or distress to an older person” (World Health Organization) © Hegwood Law Group, PLLC

Who Abuses Elders? Older persons may be abused by: Partner, adult child or other relative (60% of cases-2/3 of perpetrators are adult children or spouses) Friend, neighbour or visitor Fellow patient or resident Health care provider, caregiver or other social or support worker © Hegwood Law Group, PLLC

Types of Abuse Physical: Inflicting physical pain or injury upon an older adult. Sexual: Touching, fondling, intercourse or any other sexual activity with an older adult, when the older adult is unable to understand, unwilling to consent, threatened, or physically forced. Emotional: Verbal assaults, threats of abuse, harassment or intimidation. Confinement: Restraining or isolating an older adult, other than for medical reasons. © Hegwood Law Group, PLLC

Types of Abuse, cont. Passive neglect: A caregiver’s failure to provide an older adult with life’s necessities, including but not limited to, food, clothing, shelter or medical care. Willful deprivation: Denying an older adult medication, medical care, shelter, food, a therapeutic device or other physical assistance, and exposing that person to the risk of physical, mental or emotional harm--except when the older, competent adult has expressed a desire to go without such care. Financial Exploitation: The misuse or withholding of an older adult’s resources by another. © Hegwood Law Group, PLLC

The Numbers 1 in 10 Americans aged 60+ have experienced some type of abuse. Some estimates range as high as 5 million elders abused each year. Estimates are that only 1 in 14 cases of abuse are reported to authorities. (Source: National Council on Aging) © Hegwood Law Group, PLLC

Texas Law Texas Human Resources Code section 48.002, et seq. Sec. 48.051. REPORT. (a) Except as prescribed by Subsection (b), a person having cause to believe that an elderly person, a person with a disability, or an individual receiving services from a provider as described by Subchapter F is in the state of abuse, neglect, or exploitation shall report the information required by Subsection (d) immediately to the department. (b) If a person has cause to believe that an elderly person or a person with a disability, other than an individual receiving services from a provider as described by Subchapter F, has been abused, neglected, or exploited in a facility operated, licensed, certified, or registered by a state agency, the person shall report the information to the state agency that operates, licenses, certifies, or registers the facility for investigation by that agency. (c) The duty imposed by Subsections (a) and (b) applies without exception to a person whose knowledge concerning possible abuse, neglect, or exploitation is obtained during the scope of the person's employment or whose professional communications are generally confidential, including an attorney, clergy member, medical practitioner, social worker, employee or member of a board that licenses or certifies a professional, and mental health professional. © Hegwood Law Group, PLLC

Texas Law Texas Human Resources Code section 48.002, et seq. (d) The report may be made orally or in writing. It shall include: (1) the name, age, and address of the elderly person or person with a disability; (2) the name and address of any person responsible for the care of the elderly person or person with a disability; (3) the nature and extent of the condition of the elderly person or person with a disability; (4) the basis of the reporter's knowledge; and (5) any other relevant information. (e) If a person who makes a report under this section chooses to give self-identifying information, the caseworker who investigates the report shall contact the person if necessary to obtain any additional information required to assist the person who is the subject of the report. © Hegwood Law Group, PLLC

Texas Law Sec. 48.051. REPORT. (a) Except as prescribed by Subsection (b), a person having cause to believe that an elderly person, a person with a disability, or an individual receiving services from a provider as described by Subchapter F is in the state of abuse, neglect, or exploitation shall report the information required by Subsection (d) immediately to the department. © Hegwood Law Group, PLLC

Texas Law Crimes that carry enhanced charges and penalties when committed against a person 65 and older and/or disabled adult: Assaultive offenses Sexual abuse Credit/Debit card abuse © Hegwood Law Group, PLLC

Resources Adult Protective Services: 1-800-252-5400 txabusehotline.org © Hegwood Law Group, PLLC

Resources Harris County Senior Justice Assessment Center Harris County Protective Services (HCPS)  Adult Protective Services (DFPS)  Better Business Bureau Education Foundation  Harris County Attorney's Office  Harris County Area Agency on Aging   Harris County District Attorney's Office  Harris County Sheriff's Office  Harris Health System  Houston Police Department  UTHealth © Hegwood Law Group, PLLC

Resources © Hegwood Law Group, PLLC

Warning Signs Neglect: Lack of basic hygiene, adequate food, or clean and appropriate clothing Lack of medical aids (glasses, walker, teeth, hearing aid, medications) Person with dementia left unsupervised Person confined to bed is left without care Home cluttered, filthy, in disrepair, or having fie and safety hazards Home without adequate facilities (stove, refrigerator, heat, cooling, working plumbing and electricity Untreated pressure ulcers (bed sores) © Hegwood Law Group, PLLC

Warning Signs Financial Abuse/Exploitation Lack of amenities victim could afford Vulnerable elder/adult “voluntarily” giving uncharacteristically excessive financial reimbursement/gifts for needed care and companionship Caregiver has control of elder’s money but is failing to provide for elder’s needs Vulnerable elder has signed property transfers (deeds, Power of Attorney, new will) but is unable to comprehend the transaction or what it means. © Hegwood Law Group, PLLC

Warning Signs Psychological/Emotional Abuse Unexplained or uncharacteristic changes in behavior, such as withdrawal from normal activities, unexplained changes in alertness Caregiver isolates elder (doesn’t let anyone into the home or speak to the elder) Caregiver is verbally aggressive or demeaning, controlling, overly concerned about spending money or uncaring. © Hegwood Law Group, PLLC

Warning Signs Physical/Sexual Abuse Inadequately explained fractures, bruises, welts, cuts, sores or burns Unexplained sexually transmitted diseases Pain or itching in genital area Recoiling from being touched Fear of bathing or toileting Fear of a specific person or persons © Hegwood Law Group, PLLC

Warning Signs INSTITUTIONAL ABUSE General lack of consideration for privacy Residents appear unusually subdued Lack of care with personal clothing (including loss of clothes, being dressed in other peoples’ clothes, dirty or unkempt, spectacles not clean, wearing other peoples’ spectacles, hearing aids or teeth) Poor hygiene with noticeable smell of urine Residents in dirty clothing and/or bed linen Inappropriate use of equipment Over reliance on sedating medication, catheterisation and enemas Lack of communication between staff, staff and residents and staff and relatives © Hegwood Law Group, PLLC

If you see something, say something! Report all instances of abuse Solutions Pay attention Ask questions Assume something bad is happening Visit often and at different times If you see something, say something! Report all instances of abuse © Hegwood Law Group, PLLC

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Additional offices in the Galleria, Sugar Land, Katy, Thank you © Hegwood Law Group, PLLC 950 Gemini Street, Suite 6, Houston, TX 77058   (281) 218-0880 www.hegwoodlaw.com Additional offices in the Galleria, Sugar Land, Katy, and Bay City