
WHAT DO I DO IF I THINK MY LOVED ONE IS A VICTIM?
When people suspect their loved one is a victim of elder abuse, they often do not know which way to turn for help. This is especially the case when the suspected abuser is a family member of the victim. Family members typically do not want to get the abuser in trouble with law enforcement and try and use other methods to stop the abuse. While these methods may work temporarily, they often are not effective in the long-run and can lead to further abuse of the elder.
Who must report elder abuse?
Who is required to report elder abuse varies from state to state. For this reason, it is important to check with your state's Department of Health and Social Services to find out who is required to report abuse in your state.
In Washington State, certain types of people are classified Mandatory Reporters and must report abuse cases to the Department of Health and Social Services. These people include:
- Employees of the Department of Social and Health Services (DSHS)
- Law Enforcement
- Social Workers
- Contracted Individual Providers caring for a DSHS client
- Employees of a social service, welfare, mental health, home care, hospice, home health, adult day care or adult day care agency
- Owners or employees of nursing homes, boarding homes, or adult family homes.
- Health Care Providers subject to Title 18 of the Revised Code of Washington (RCW)
- Christian Science Practitioners
Who can I call to report elder abuse?
In Washington, there are a few places you can call:
- Any local law enforcement agency
- They will be able intervene or at least tell you more about the reporting process and who else to talk to.
- Adult Protective Services
- Department of Social and Health Services
- The statewide reporting hotline - 1-866-363-4276
What will they want to know?
The agencies will need some basic information like:
· The elder's name and address
· What kind of abuse you suspect and how long it has been going on
· Your name and address
Once they have this information, they will take appropriate action, which may include calling law enforcement or another agency
Reporting abuse is confidential and anonymous
What are my legal options?
Power of Attorney
· In order to stop elder abuse, you may need to get a power of attorney giving you the authority to make decisions for the elder, such as moving them from a nursing home, managing their financial assets, and other types or important personal decisions.
Power of attorney is a legal document that gives a person legal authority to act on behalf of another. You can give someon power of attorney for a variety of purposes and the person with the power of attorney, the principle, can only act when those specific instances arise.
Some of the most common reasons people get powers of attorney are to:
o Make health-care decisions
o Manage financial matters
o Make other legal decisions
You do not need an attorney to create a power of attorney, however, there are many reasons why you should. Powers of attorney are powerful. They give people the authority to act and make important decisions that affect another's life. Having an attorney to create a power of attorney ensures that the power of attorney gives the right person the right powers to do the right things in the right situations.
How Do I Stop The Abuse?
You can obtain a court order that will protect an elder victim of abuse called a Vulnerable Adult Protection Order. This is a temporary order that lasts for 14 days or until there is a hearing in front of a judge.
At the hearing, both parties can present evidence which the judge will consider when he/she decides whether the order should be continued, changed or dismissed. These orders are legally binding for 5 years.
What does A Vulnerable Adult Protection Order Do?
The protection order can:
- Restrain the abuser from abusing the elder
- Forbid the abuser to enter the elder's residence
- Forbid the abuser to contact the elder
- Require the abuser to provide accounting information for the elder's income, property and other assets
- Prevent a transfer of property for up to 90 days
Who will pay for this order?
If the judge rules in your favor against the abuser, the abuser must pay the court filing fee, court costs, and any other costs incurred to get the order, including reasonable attorney's fees.
Suing the abuser for civil damages
The abused elder, or another individual who gets Power of Attorney over the elder, can sue the abuser(s) for damages for injuries, pain and suffering, return of money and/or property, and for the loss of money or property.
You may also seek punitive damages against the abuser(s). These are money damages that go above and beyond civil damages and are reserved for the more reprehensive and egregious cases. These are cases in which the offender is found to have used malice and oppression against the elder.
Pressing criminal charges
If there is a finding of abuse, local law enforcement can investigate the abuse and can file criminal charges against the abuser for crimes like assault and fraud.
RUBINSTEIN LAW OFFICES IS PASSIONATE ABOUT ELDER LAW
At Rubinstein Law Offices, we are deeply committed to fight for and protect those who often cannot stand up for themselves. We understand the difficult and emotional toll elder abuse has on the victim, as well as their family and friends.
Through our dedicated and compassionate legal team, Rubinstein Law Offices ensures that victims of elder abuse are represented and that their abusers pay for their crimes. We make sure that victims of elder abuse are fully compensated for their losses, including their emotional pain and suffering. We take pride in helping victims and their families get back on the road to recovery as quickly as possible.
If you think someone you know is or may be a victim of elder abuse, call Rubinstein Law Offices today and speak with one of our qualified legal experts. It's free and can take as little at 15 minutes. We will be able to answer all of your questions and will point you in the right direction to make sure the abuse is stopped and how to seek justice against the abuser.
Call Rubinstein Law Offices today at (425) 688-1100 or toll-free (800) 578-1166.
Rubinstein Law Offices
875 140th Avenue NE, Suite 100
Bellevue, WA 98005
Phone: 425-688-1100
Toll Free: 800-578-1166
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