Elder abuse is a deeply concerning issue that affects some of the most vulnerable members of our society. It takes many forms, including physical abuse (hitting, pushing, or restraining an elder), emotional abuse (verbal threats, intimidation, or isolation), financial abuse (misuse of an elder's assets, fraud, or coercion), and neglect (failing to provide basic needs such as food, shelter, and medical care). Unfortunately, as the elderly population grows, so does the prevalence of elder abuse, making it a rising concern in Oakland County and across the U.S.

Recognizing the signs of elder abuse and understanding how to prevent it are critical steps in protecting loved ones and ensuring their safety and dignity. Families, caregivers, and community members must be vigilant, as many elders may not speak up due to fear, shame, or cognitive decline.

Common Forms of Elder Abuse

Physical Abuse

Physical abuse involves the use of force to harm or injure an elderly person. This can include hitting, slapping, pushing, or even restraining an elder inappropriately. The physical harm may result in bruises, broken bones, or other injuries. In severe cases, physical abuse can lead to permanent disability or even death. Any unexplained injuries or signs of trauma on an elder should be investigated as potential indicators of physical abuse.

Emotional and Psychological Abuse

Emotional abuse involves the use of threats, intimidation, or isolation to manipulate or control an elder. It can include yelling, belittling, threatening, or intentionally isolating an elder from friends, family, or social activities. The impact of emotional abuse can be profound, leading to depression, anxiety, and feelings of hopelessness. Over time, emotional and psychological abuse can deteriorate an elder’s mental health, leaving them more vulnerable to further harm.

Financial Exploitation

Financial exploitation occurs when someone takes advantage of an elder’s financial resources through theft, coercion, or fraud. This may involve stealing money or property, misusing a power of attorney, forging signatures, or coercing the elder into signing financial documents under pressure. Financial exploitation can result in significant losses for the victim and can leave them without the funds necessary to maintain their quality of life or receive essential care.

Neglect

Neglect happens when a caregiver fails to provide adequate care, including the basic needs of the elder such as food, shelter, hygiene, medical care, or safety. Neglect can be intentional, where the caregiver is deliberately withholding care, or unintentional, due to a lack of resources or understanding. Regardless of intent, neglect can result in deteriorating health conditions, malnutrition, untreated medical issues, and unsafe living environments.

Identifying the Signs of Elder Abuse

Physical Indicators

• Bruises, cuts, or broken bones: Unexplained injuries, especially in various stages of healing, are strong signs of physical abuse. Frequent falls or repeated injuries without a clear explanation may also be red flags.
• Sudden weight loss: Unexplained or rapid weight loss can indicate neglect, malnutrition, or emotional distress. It may also signal physical abuse if the elder is not being properly cared for or is being denied food.

Behavioral Changes

• Depression, withdrawal, or anxiety: Significant changes in an elder’s mood or behavior, such as becoming withdrawn, unusually quiet, or showing signs of anxiety or depression, may indicate emotional or psychological abuse. Elders who seem fearful or anxious around their caregivers should be carefully monitored for further signs of abuse.
• Fear around caregivers: If an elder seems afraid of their caregiver or avoids eye contact with them, this could be a sign of mistreatment, including emotional or physical abuse.

Financial Red Flags

• Unexplained withdrawals: Sudden or unusual withdrawals from bank accounts or unexpected large transactions may indicate financial exploitation.
• Sudden changes in financial documents: If there are unexpected changes to wills, powers of attorney, or property deeds without the elder’s full understanding, this could be a sign of coercion or fraud.
• Missing belongings: Personal property or valuables that go missing without explanation may suggest theft by a caregiver or someone with access to the elder's finances.

Neglect Signs

• Poor hygiene: An elder who consistently appears unwashed, wearing soiled clothing, or living in an unclean environment may be suffering from neglect.
• Untreated medical conditions: Failure to provide necessary medical care, such as unfilled prescriptions or untreated injuries, is a sign that the elder’s health needs are being ignored.
• Unsafe living conditions: Cluttered, unsafe, or unsanitary living conditions, such as inadequate heating, broken furniture, or hazardous areas in the home, can indicate that an elder is being neglected by their caregiver.

Steps to Prevent Elder Abuse

Caregiver Screening and Training

A crucial step in preventing elder abuse is ensuring that caregivers are properly vetted and trained.

• Thorough background checks: Before hiring a caregiver, families should conduct comprehensive background checks, including criminal history and references from previous employers. This helps reduce the risk of hiring someone with a history of abuse or negligence.
• Ongoing training: Caregivers should receive continuous training on how to provide proper care and recognize signs of elder abuse. This is especially important for caregivers handling elderly individuals with medical conditions like dementia or mobility issues, as they may require specialized care.

Frequent Communication

Regular contact between family members and their elderly loved ones is one of the most effective ways to prevent abuse.

• Frequent visits or calls: Maintaining regular visits, phone calls, or video chats helps families monitor the elder’s physical and emotional well-being. Consistent communication allows family members to notice any sudden changes in mood, appearance, or financial matters that could indicate abuse or neglect.
• Building trust: Encouraging open conversations about the elder’s care and concerns can help foster trust. If an elder feels safe discussing their experiences, they are more likely to disclose any mistreatment or financial exploitation.

Financial Protection

Seniors are particularly vulnerable to financial exploitation, making it critical to protect their assets and financial independence.

• Secure power of attorney: Assigning power of attorney to a trusted family member or legal representative helps ensure that someone with the elder’s best interests in mind manages their financial and legal affairs.
• Monitor financial accounts: Family members should regularly monitor their loved one’s bank accounts and financial statements for any unusual activity, such as large withdrawals or unexpected changes to financial documents.
• Review legal documents: Periodically reviewing wills, trusts, and other legal documents helps prevent unauthorized changes that could leave the elder vulnerable to financial manipulation.

Community Involvement

Communities play a critical role in supporting elderly individuals and preventing abuse.

• Community education programs: Offering community education and awareness programs can help families, caregivers, and elders understand the risks of abuse and how to prevent it. These programs can also provide resources for detecting and responding to abuse.
• Support networks: Involvement in social groups, senior centers, or local advocacy organizations provides elderly individuals with social interaction and access to resources. These programs can reduce isolation, a factor that often contributes to abuse.

Responding to Elder Abuse in Oakland County

What to Do If You Suspect Abuse

When elder abuse is suspected, the first priority is to ensure the safety and well-being of the elderly individual. Taking immediate action can help stop the abuse and prevent it from escalating.

• Document the evidence: If you notice signs of abuse—whether physical, emotional, financial, or related to neglect—it’s essential to document everything. Take photos of injuries, note any changes in behavior or appearance, and keep records of suspicious financial activity or transactions. If possible, collect witness statements from others who may have observed the abuse.
• Talk to the elder: If they are willing and able to speak, have a conversation with the elderly individual about their experiences. Express concern without being confrontational, and listen carefully to their responses.
• Ensure immediate safety: If the elder is in immediate danger, consider removing them from the abusive environment and seeking medical attention if necessary.

Reporting Elder Abuse

In Oakland County, elder abuse can be reported to the authorities for further investigation. The key agency responsible for handling such cases is Adult Protective Services (APS), which operates under the Michigan Department of Health and Human Services.

• Contact APS: If you suspect elder abuse, you can contact Adult Protective Services at 855-444-3911. APS will investigate the situation and take appropriate action to protect the elder, including arranging for alternative care or legal interventions if necessary.
• Law enforcement: In cases where the abuse is criminal, such as physical assault or theft, you may also need to contact local law enforcement. The police can conduct an investigation and press criminal charges against the abuser if warranted.

Legal Recourse

Elder abuse victims and their families have legal options to pursue justice and protect the elder’s rights. Some of the potential legal avenues include:

• Civil lawsuits: Victims of elder abuse can pursue civil lawsuits against the abuser for damages. These lawsuits can provide compensation for medical expenses, financial losses, pain and suffering, and other damages caused by the abuse.
• Protective orders: A protective order, or restraining order, can be issued to prevent the abuser from contacting or coming near the elderly victim. This legal action ensures that the victim is safeguarded from further harm.
• Guardianship or conservatorship: In situations where the elder is no longer able to make decisions about their care or finances, families can seek legal guardianship or conservatorship. This allows a trusted family member or legal representative to take responsibility for the elder’s well-being and financial matters, protecting them from future abuse or exploitation.

Legal Protections for Elder Abuse Victims

Michigan Laws on Elder Abuse

Michigan has enacted laws designed to protect elderly individuals from various forms of abuse, including physical, emotional, financial, and neglect. Under Michigan law:

• Elder abuse includes any harm or threat of harm to the physical or mental health of an elder, as well as financial exploitation.
• The Michigan Penal Code classifies elder abuse as a crime, with penalties that vary depending on the severity of the abuse.
• Mandatory reporting laws require certain professionals (such as healthcare workers, social workers, and law enforcement officers) to report suspected elder abuse to Adult Protective Services (APS).

Criminal Charges

Elder abuse perpetrators in Michigan can face criminal charges for their actions. Depending on the nature of the abuse, charges may include:

• Assault or battery: Physical abuse can lead to criminal charges for assault, battery, or even homicide in severe cases.
• Neglect: Caregivers who fail to provide necessary care, resulting in harm or death, can be charged with criminal neglect.
• Financial fraud or exploitation: Individuals who steal or fraudulently obtain an elder’s assets can face charges related to financial fraud, identity theft, or embezzlement.

Civil Lawsuits

In addition to criminal prosecution, elder abuse victims or their families can file civil lawsuits against abusers to seek compensation for damages. Civil lawsuits can provide financial restitution for:

• Medical expenses: Costs related to treating injuries caused by abuse or neglect.
• Pain and suffering: Compensation for the emotional distress and trauma endured by the victim.
• Financial losses: Reimbursement for money or assets stolen through financial exploitation or fraud.

Guardianship and Conservatorship

In cases where an elderly individual is no longer capable of managing their affairs due to illness, cognitive decline, or the effects of abuse, families may seek guardianship or conservatorship. These legal tools allow a trusted family member or court-appointed guardian to make decisions on behalf of the elder.

• Guardianship gives someone the authority to make personal and healthcare decisions for the elderly person.
• Conservatorship focuses on managing the elder’s financial and legal matters.

Protect Your Loved Ones

If you suspect or know that a loved one is experiencing elder abuse, it’s essential to take immediate action to protect their well-being and seek justice. At Marko Law, we understand the sensitivity and urgency of elder abuse cases, and we are committed to protecting the rights and dignity of elderly individuals.

With extensive experience in handling elder abuse cases, our team of dedicated attorneys will guide you through the legal process, ensuring that your loved one receives the protection they need and that the perpetrators are held accountable. Whether it’s pursuing criminal charges, filing civil lawsuits for compensation, or establishing guardianship, we are here to provide strong legal support.

Contact Information:

Phone: 1-833-MARKO-LAW or 1-313-777-7LAW
Main Office: 220 W. Congress, 4th Floor, Detroit, MI 48226
Website: www.markolaw.com