Elders are frequently the most at-risk group in our society, along with children. 90% of the time, elder abuse is allegedly committed by family members rather than paid caregivers.
Unfortunately, there are times when jealousy arises between family members and even close friends of a loved one over your protective role. The person you are caring for may send you gifts or mention you in their will or trust, which can make this position time-consuming and taxing. When other family members are estranged or when significant assets are threatened, news of these agreements can fuel family animosity and resentment. This can lead to the surprising and frustratingly common situation where you are falsely accused of elder abuse.
It can be shocking to be falsely accused of elder abuse. You should retain a skilled criminal defense attorney as soon as possible if you or a loved one has been charged with elder abuse. The steps you should take if you are accused of elder abuse are outlined below.
Types of Elder Abuse
There are many different types of elder abuse. The 3 most common types include:
Financial Elder Abuse
When a person takes advantage of an elderly person’s trust in order to make money, this is known as financial elder abuse. When you are the executor of an elderly person’s estate or are simply a friend who persuades them to participate in a risky investment, this may occur. Financial elder abuse may give rise to a civil lawsuit from a family member or other interested party, or even a criminal investigation.
Physical Abuse
Physical abuse refers to the (non-accidental) use of force against an elderly person that leaves them physically or mentally impaired or causes them bodily harm. Physical abuse includes confinement, hitting, shoving, shaking, using drugs improperly, and putting restraints on an elderly person. If an elder who is receiving physical care from a caretaker is hurt, the caretaker could be accused of physical abuse. If an elder is a victim of an alleged crime, the caretaker may be subject to more severe legal consequences. Penalties could be severe if found guilty. It’s possible the accused did nothing wrong because an older person is more prone to physical harm, discomfort, or impairment.
Verbal-emotional Abuse
Verbal-emotional abuse entails gaining control over the senior through intimidation, mockery, or humiliation. This is another example of “taking advantage of the older person’s weaker mental state to gain control of him or her. A prosecutor may use the elder’s persistent blame or use of him or her as a scapegoat to demonstrate verbal-emotional abuse.
The Newest Guidance to Deal With the Accusation of Elder Abuse
Step1#Preventive Measures
Someone must have experienced a financial or physical issue in order to make an accusation. Doing everything in your power to stop either kind of issue from occurring is therefore the best way to avoid being accused.
Making sure your loved one has all of the equipment and mobility aids they require is one preventative measure. If they require assistance with mobility, for instance, make sure they have a functional wheelchair or a sturdy cane. Consider checking their living spaces to identify potential problem areas, like deteriorating railings or uneven steps, and contemplate repairs, if necessary. You want to show how much thought and effort you put into making sure your loved one is physically safe in addition to protecting them. Such preventative measures can aid in constructing a defense in the event that a problem later arises.
Another preventative step is to make sure your loved one understands the reality of scammers, especially if they live on an affluent property or are known to have a great deal of wealth. Scammers of all stripes may try to con your unwary loved one out of money in person, online, or over the phone. They might suffer a terrible outcome from falling victim to a con artist, and you might get blamed for not protecting them.
Step2#Contact a Lawyer
Defend your reputation if you have been accused of elder abuse. If you’re facing a criminal elder abuse charge, you need an experienced criminal defense attorney:
- You require a criminal defense lawyer with a network of experts, such as forensic accountants, for a case involving money.
- You need a meticulous defense lawyer who will carefully go over medical records in an elder abuse case where there is a claim of injury.
- A skilled defense attorney will argue that the evidence should be deemed inadmissible on the grounds that the authorities may not have properly gathered it.
An accomplished defense lawyer will make every effort to have the charges against you dropped or reduced if you are innocent.
When a prosecutor decides that the evidence isn’t sufficient to secure a conviction, he or she might agree not to pursue further legal action against you.
A criminal defense lawyer with elder law experience is someone you should look for. He will do everything possible to defend your legal rights and help you survive the experience with your reputation intact.
If your accuser has previously made false accusations or has a history of mental illness, the prosecutor may wish to negotiate a plea.
Reminders
For Financial Abuse
Financial abuse includes any attempt to defraud an elderly loved one or willfully mismanage their money so that they can enrich themselves instead. As a conservator, you frequently exercise full or partial control over the loved one’s financial judgments, and any action that might be interpreted as less than ideal may lead to unjustified accusations.
For Physical Elder Abuse
The individual must be physically harmed in one way, and it must be suspected that you directly caused the injury. Similarly, neglect or endangerment cases could be brought if it is suspected that your inattention or lack of care led to the elder injuring themselves. Keep in mind that the injuries need not be severe to trigger an accusation: Something as simple as bruises can be enough for an overzealous family member to attempt a case.
For Emotional Abuse
Emotional abuse can be more nebulous, which can make it easier to accuse someone but also trickier to prove. This category typically involves situations where a conservator routinely makes fun of or humiliates the loved one or tries to isolate them from others, frequently with the intention of obtaining money or other assets. The elder’s testimony is frequently crucial in establishing or refuting emotional abuse.
Final Thoughts
When you learn that you are being accused, do everything you can to accurately recall the events leading up to the accusation. In financial cases, you should prepare your documents for inspection and provide justifications for your decisions. Expect an audit of your transactions. Keep a record of any proactive maintenance or actions you took to safeguard your loved one’s health in case you are accused of neglect. Additionally, it would be a good idea to compile the contact information of any potential witnesses who could attest to your care.
