Transcript Document

World Elder Abuse Awareness Day
June 15, 2009
Information from:
Governor's Office of Elderly Affairs
Elderly Protective Services
WHAT IS ELDER ABUSE?
Louisiana law (R.S. 14:403:2) protects adults
aged 60 or older from acts or omissions
which result in physical or emotional abuse
and neglect, inflicted by caregivers or others
and from self-neglect by an individual.
Louisiana law also protects seniors from
acts of financial exploitation and extortion.
Types of Abuse:
• Physical Abuse
• Sexual exploitation
• Verbal Abuse
• Emotional Abuse
• Abandonment
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Caregiver Neglect
Self Neglect
Financial Exploitation
Extortion or any
violation of an elder
person's privacy or
other basic rights
Physical Abuse
• The use of physical force that may result in bodily injury,
physical pain, or impairment.
• Examples: hitting, beating, pushing, shoving, shaking,
slapping, kicking, pinching, and burning.
• Less Recognized Examples: inappropriate use of drugs
and physical restraints, force-feeding and physical
punishment of any kind.
NCEA Website: www.elderabusecenter.org
Physical Abuse;
Signs to look for:
• Bruises, black eyes, welts, lacerations, and rope marks
• Bone fractures, broken bones, and skull fractures
• Open wounds, cuts, punctures, untreated injuries in various stages of
healing
• Sprains, dislocations, and internal injuries/bleeding
• Burns
• Broken eyeglasses/frames, physical signs of being subjected to
punishment, and signs of being restrained
• Laboratory findings of medication overdose or under utilization of
prescribed drugs
• Statement of the client of being slapped, kicked, or mistreated.
• Sudden changes in the elder’s behavior
• Caregiver’s refusal to allow visitors to see an elder alone.*
NCEA Website: www.elderabusecenter.org
Sexual Abuse
• Non-consensual sexual contact of any kind with an
elderly person.
• Sexual contact with any person incapable of
giving consent is also considered sexual abuse.
NCEA Website: www.elderabusecenter.org
Sexual Abuse:
Signs to look for
• Bruises around the breasts or genital area
• Unexplained venereal disease or genital
infections
• Unexplained vaginal or anal bleeding
• Torn, strained, or bloody underclothing
• Statements made by the elder of being
sexually assaulted or raped*
NCEA Website: www.elderabusecenter.org
Emotional Abuse
• The infliction of anguish, pain or distress through verbal or
non-verbal acts.
• Examples: verbal assaults, insults, threats, intimidation,
humiliation, and harassment.
• Less Obvious Examples: Treating an older person like a
child, isolating an elderly person from his/her family and
friends or regular activities, and giving the “silent
treatment”.
NCEA Website: www.elderabusecenter.org
Emotional Abuse;
Signs to look for
• Being emotionally upset or agitated
• Being extremely withdrawn and noncommunicative or non-responsive
• Unusual behavior usually attributed to
dementia (ie; sucking, biting, rocking)
• Elders statements of being verbally or
emotionally abused*
NCEA Website: www.elderabusecenter.org
Abandonment
• The desertion of an elderly person by an
individual who has assumed responsibility
for providing care for an elder, or by a
person with physical custody of an elder.
NCEA Website: www.elderabusecenter.org
Abandonment;
Signs to look for
• The desertion of an elder at a hospital, or
nursing facility
• The desertion of an elder at a shopping mall
• An elder’s statement of being abandoned*
NCEA Website: www.elderabusecenter.org
Caregiver Neglect
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According to Louisiana law, a Caregiver is any person or persons, either
temporarily or permanently, responsible for the care of an aged person or a
physically or mentally disabled person.
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Caregiver Neglect: Is the failure, by a caregiver responsible for an adult’s
care or by other parties, to provide the proper or necessary support or
medical, surgical, or any other care necessary for the adult’s well-being.
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Typically, Neglect means the refusal or failure to provide an elderly person
with such life necessities as food, water, clothing, shelter, personal hygiene,
medicine, comfort, personal safety, and/or other essentials.
NCEA Website: www.elderabusecenter.org
LA.R.S.14:403.2
Caregiver Neglect:
Signs to look for
• Dehydration, malnutrition, untreated bed sores,
and poor personal hygiene
• Unattended or untreated health problems
• Hazardous or unsafe living conditions (ie;
improper wiring, no heat , or no running water)
• Unsanitary and unclean living conditions (ie; dirt,
fleas, lice on person, soiled bedding, fecal/urine
smell, inadequate clothing)
• An elder’s statement of being neglected*
NCEA Website: www.elderabusecenter.org
Self Neglect
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The behavior of an elderly person that threatens his/her own health
or safety.
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Typically manifests itself in an elderly person who refuses or fails to
provide himself/herself with adequate food, water, clothing, shelter,
personal hygiene, medication, and/or safety precautions.
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Louisiana Law states: “Protective Services may not be provided in
cases of self-neglect to any adult having the capacity to consent,
who does not consent to such service or who, having consented,
withdraws such consent.”
NCEA Website: www.elderabusecenter.org
LA.R.S.14:403.2
Self Neglect;
Signs to look for
• Dehydration, malnutrition, untreated bed sores, and poor
personal hygiene
• Unattended or untreated health problems
• Hazardous or unsafe living conditions (ie; improper
wiring, no heat , or no running water)
• Unsanitary and unclean living conditions (ie; dirt, fleas,
lice on person, soiled bedding, fecal/urine smell,
inadequate clothing)
• Lack of necessary medical aids (ie; dentures, hearing aids)
• Is the client confused or disoriented*
NCEA Website: www.elderabusecenter.org
Financial Exploitation
• The illegal or improper use of an elder’s funds,
property, or assets.
• Examples: cashing one’s check without
authorization or permission; forging a signature;
misusing or stealing one’s money or possessions;
coercing or deceiving a person into signing any
documents; improper use of a power of attorney or
guardianship.
NCEA Website: www.elderabusecenter.org
Financial Exploitation;
Signs to look for
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Sudden changes in bank account or banking practices
New names added to the client’s bank account and signature card
Unauthorized ATM withdrawals
Abrupt changes in the elder’s Will
Unexplained disappearance of money of possessions
Bills going unpaid when resources should be adequate
Signatures being forged
Previously uninvolved relatives start to appear, claiming their rights to
an elder’s funds or assets
• Unexplained sudden transfer of assets to a family member or someone
outside of the family
• The elder’s statements of being financially exploited*
NCEA Website: www.elderabusecenter.org
Extortion
• The acquisition of a thing of value from an
unwilling or reluctant adult by physical
force, intimidation, or abuse of legal or
official authority.
LA.R.S.14:403.2
Extortion;
Signs to look for
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Same basic signs as financial exploitation
May have physical signs (ie; bruising, etc)
May verbalize fears of being alone.
Statements of the elder of being extorted.*
ACCORDING TO
LOUISIAN LAW,
WHO REPORTS?
Physicians, medical interns, dentists, nurses, social
workers, family counselors, police officers,
licensed psychologists, coroners, registered
podiatrists, occupational therapists, osteopaths,
probation officers, staff of home health agencies or
nursing facilities, financial directors, bank tellers,
family members, friends…anyone who has
reasonable cause to believe an adult, aged 60 or
older is being abused or neglected by a caregiver
or by self-inflicted acts, should contact the EPS
office.
To Whom Do You Report?
ELDERLY PROTECTIVE
SERVICES
What Should Be Reported?
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Simply use your eyes and ears to note any unusual
occurrences, such as burns, bruises, black or swollen
eyes, broken bones, dilated pupils, evidence of
restraints, bedsores, lack of clothing or dirty clothing,
body odor, dehydrated or malnourished appearance, no
utilities in the home, disappearance of personal
property, absence of food or medication, frequent
changes in doctors, discontinuation of visitor privileges,
no visitors allowed individual expressions of shame,
embarrassment or fear.
What Is My Responsibility?
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The persons reporting incidents of abuse
or neglect are immune from civil and
criminal liability if they acted in good
faith. Further, a person who knowingly
fails to report abuse may be liable for
fines and/or imprisonment. It is
everyone's responsibility to report abuse
or neglect of an elder..
Elderly Protective Services:
• The purpose of Elderly Protective Services (EPS) is to
protect adults who cannot physically or mentally protect
themselves and who are harmed or threatened with harm
through action or inaction by themselves or by the
individuals responsible for their care or by other persons.
• EPS acts to prevent, remedy, halt or hinder acts of abuse or
neglect against persons aged 60 and older, while promoting
the maximum possible degree of personal freedom, dignity
and self-determination. Only when other efforts fail, will
EPS recommend referral or admission to an appropriate
care facility for the elder adult or seek judicial remedy to
the situation.
What EPS Does:
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Locate and refer individuals to community agencies and facilities that offer
the services they need. When necessary, advocate ( that is recommend, support
and /or defend their rights.)
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Provide short-term, limited , case management services. That is monitor the
case for stability
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Work with law enforcement to provide protection
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Work with the judiciary system to remedy problems that require legal action
from the D.A. or Judge when legal intervention is warranted. Methods of Legal
intervention are
What EPS Does:
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Order to Enter Home
Interdiction - full/limited
Order for Injunctive Relief- Restraining Order
Order for Mandatory Counseling
Order for Medical/Psychiatric/Psychological
Evaluation
• Power of Attorney
What EPS Does:
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Admission by Emergency Certificate
Order for Protective Custody
Judicial Commitment
Protective Service Order- temporary custody by
EPS to place elder in a protected environment
until a more permanent solution can be arranged
• Provide information and referral service to
individuals who do not meet the criteria for elderly
protective services.
EPS DISPOSITIONAL
OUTCOMES
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Case Management/Social Services
Nursing Home Placement
Legal Referrals (Civil)
Legal Referrals (Criminal)
Family Intervention
EPS DISPOSITIONAL
OUTCOMES
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Psychiatric/Mental Health Referral
Health Care Referral
Housing
Transportation
Utilities
What EPS does not do:
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They do not remove elders from their homes against their will unless it is determined
that they are a danger to themselves or others. If this is determined, EPS requests an
Order for Protective Custody from the Coroner or a District Judge and if granted, the
elder is transported by a law enforcement officer to a facility for evaluation and/or
treatment.
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They do not force nursing home placement unless a doctor/psychiatrist determines that
the elder is no longer mentally capable of making decisions, there is no family
member/s available or willing or capable of caring for the elder and a court of law
deems the elder incapable of caring for themselves or having the mental capacity to
know.
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They do not provide discharge planning for medical or other facilities.
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They do not provide crisis intervention on an emergency basis.
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They are not on 24 hour call.
ELDERLY PROTECTIVE SERVICES
• STATE OFFICE:
•412 North Fourth Street
•Baton Rouge, LA 70802
•Telephone # (225) 342-9722
•Toll Free # (800)254990(Statewide)
•Fax # (225) 342-7144
• Nationwide Toll-Free Elder Care Locator
Number
1 – 800-677-1116
• Felicity Cole, LCSW
• Director, Volunteer Department and h2u
• 985-867-3951