We love our senior citizens and we do our best to take care of them, but they’re vulnerable. Tragically, elder abuse is all too common. In Ohio alone, tens of thousands of cases are reported every year and tens of thousands more go unreported. At Dyer, Garofalo, Mann & Schultz we will explain what is elder law and what constitutes elder abuse in Ohio.
Here are the big takeaways:
Under Ohio law, elder abuse is defined as “the infliction upon an adult by self or by others of injury, unreasonable confinement, intimidation, or cruel punishment, with resulting physical harm, pain, or mental anguish.”
Elder abuse may be physical, sexual, mental, or financial. It also includes failing to meet the basic needs of the elderly – neglect is the most common type of elder abuse. Under Ohio law, it’s illegal for a caretaker to fail to provide “the goods and services necessary to avoid physical harm, mental anguish, or mental illness.” In other words, a caretaker is legally obligated to provide for the needs of the elder.
A caretaker is anyone who has taken responsibility for the person in question, either voluntarily, by contract, as a result of a family relationship, or by court order.
Ohio Rev. Code § 5101.6(C)
It is often inflicted by someone that the elderly person knows. In fact, more than 2/3 of the perpetrators of elder abuse are children or spouses of the victim, and more than 40% of murder victims over the age of 60 are killed by their children.
Elder law in Ohio is a specialized field touching on the legal needs and issues of older adults. Also known as elder care law, the elder law deals with individuals’ legal, financial, and medical issues in old age. These include:
Elder law is broad and requires professional knowledge of the unique legal needs of older adults. If you require assistance with legal issues related to aging, consult with an elder law attorney.
At a federal level, the Older Americans Act is designed to protect our elders from abuse. It allocates funds to the National Center On Elder Abuse for the study of abuse and the development of preventative legislation and programs. It also creates the legislation that Long-Term Care Ombudsman programs must follow, such as looking into allegations of harm within one business day.
In Ohio, the law mandates that professional caregivers must report suspected abuse to the county Department of Job and Family Services immediately. The same law applies to attorneys, clergymen, peace officers, doctors, clergy, and anyone else who might learn of the abuse in a personal or professional capacity. These reports are collected in a statewide database.
Adult Protective Services (APS), a division of Ohio’s Department of Job and Family Services, is responsible for addressing allegations of abuse. They’re required to investigate within 24 hours of the report and they have to actually meet with the alleged victim and whoever reported the abuse (if possible) and determine whether protection is necessary. Remember, abuse doesn’t have to involve hitting or being emotionally cruel to the victim. Neglect also constitutes elder abuse. If you’re a caretaker (either in a professional or familial capacity), you’re required to provide for the elderly person’s needs.
If APS believes that abuse is occurring, it may petition the court for a restraining order or an emergency order to protect the elderly person while a hearing is scheduled. The hearing will determine whether abuse is occurring and what remedies may be taken, including civil and criminal penalties for the abuser.
Elder abuse is believed to be significantly under-reported – experts believe that 1 in 10 community-dwelling older adults experienced some form of abuse in the prior year – so it’s difficult to say with certainty what demographics are most at risk. Of reported cases, about 2/3 of the abused subjects were female.
Abuse, especially neglect, may be particularly prevalent in a nursing home setting – to make matters worse, studies show that for every incident of abuse reported to authorities, nearly 24 additional cases go entirely undetected or reported in these facilities.
In many cases, it can be difficult to know if abuse has taken place. The victims are often isolated and unable to reach out for help. Some victims suffer from dementia or other neurodegenerative disorders and may not be able to articulate what is happening to them.
Some feel a sense of loyalty towards their abuser (such as in the case of a family member) or feel that reporting their abuse could expose them to the risk of retaliation. Their abuser might have convinced them that they are alone and that nobody cares enough to help them. Many times, in situations of financial abuse, the victim trusts the person who is cheating them.
Some signifiers that might indicate that elder abuse is taking place include unexplained injuries or signs of violence such as cuts and bruises. Indications of sexual abuse can include sexual diseases or inappropriate language directed at the victim. Neglect might be suggested by a lack of hygiene or unexplained physical changes such as extreme weight loss, misuse of medication, or broken physical aids such as walkers or glasses.
Emotional abuse might be caused by intimidation tactics, ridicule, threats, or withholding help. Financial abuse, such as extortion, can be indicated by abnormal banking activities, a change in titles, and an inability to pay bills.
The best way to know if an elderly person has been abused is to watch out for tell-tale signs. Some things to look out for include the following:
It’s important to stay vigilant and report any suspicions of elder abuse or neglect to the appropriate authorities for investigation and intervention.
The elder abuse laws Ohio has put in place are designed to investigate and handle reports of abuse. That’s an important function, but it’s obviously best to stop abuse from happening at all. That means staying in frequent contact with your elders and making sure they have a network of people they can talk to – isolated individuals who are dependent on a single caregiver are likely to be at the highest risk for abuse. Listen to their complaints and check in with the other people who care about them to make sure they’re being cared for appropriately.
If you believe you know of a case of elder abuse, please report it immediately to your county APS office.
There are several common types of elderly abuse charges that are seen frequently in legal cases in Ohio. The most common charges for elderly abuse include:
An elder law attorney in Ohio will help you bring charges against the liable parties and determine your next steps. These could include:
If you’ve been the victim of elder abuse in Ohio or if a loved one has suffered abuse, please call us at 1.937.222.2222 or contact one of our experienced personal injury attorneys from Dyer, Garofalo, Mann & Schultz today for a free consultation. You may be entitled to compensation for the harm you suffered; we can also help you get out of a dangerous situation and protect others who might be vulnerable to the same abuser.
Before establishing Dyer, Garofalo, Mann & Schultz L.P.A., Doug Mann, a top Ohio Injury Attorney served as a bodily injury claims adjuster at a major insurance firm. With over 40+ years of experience, Doug’s background has proven invaluable in securing maximum cash settlements for his clients swiftly. Since leaving the insurance industry, Doug has devoted his entire legal career to assisting injured clients during their times of greatest need.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Doug Mann who has more than 20 years of legal experience as a practicing personal injury attorney.
Keep up to Date with Our Newest Firm Updates
When a dog bite incident occurs, many people wonder: “How many times can a dog bite before being put down?” This question not only reflects a concern for safety but […]
Electrical injuries are among the most severe types of accidents, often causing lasting physical, emotional, and financial harm to victims and their families. Understanding what are the four main types […]
You may be wondering: “What is a mass tort?” These cases are unique legal actions that allow a large group of people, all harmed by the same product or action, […]
If you or a loved one has been seriously injured, please fill out the form below for your free consultation or call us at 1.937.222.2222
