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Does Abandonment Qualify as “Elder Abuse” in Florida?

June 30, 2016 | Category: Personal Injury | Share

Have you entrusted the care of an elderly loved one to someone else? Do you know how to identify the signs of elder abuse? What steps would you take if you believe a loved one is being abused by a caretaker?

According to Florida’s Office of Economic & Demographic Research, Florida’s aging population is expanding which means an increase in individuals requiring care. This will mean an increase in demand on caregivers and, unfortunately, an increase in elder abuse. Stay involved, know the signs of elder abuse and be prepared to contact Naples personal injury lawyer Randall Spivey if you believe a caregiver is being harmful towards a loved one. 

The State of Florida defines “elder abuse” to include the infliction of physical or psychological injury upon an elderly person or disabled adult; an intentional act that could reasonably be expected to result in physical or psychological injury to an elderly person or disabled adult; or active encouragement of any person to commit an act that results or could reasonably be expected to result in physical or psychological injury to an elderly person or disabled adult. But elder abuse is not limited to action alone -- inaction by a caregiver can also be abuse. An inattentive caregiver can pose just as much risk as an overtly abusive one.

Abandonment as Elder Abuse

Advocates for the elderly – such as HelpGuide.org – provide resources to families so they can better understand the warning signs of elder abuse. Abuse can take many forms such as physical, emotional, financial and sexual. But abuse can also take the form of neglect and abandonment, which has been attributed more than half of all reported cases of elder abuse.

It is important to remember that neglect can be both intentional and unintentional. Caregivers can be poorly trained, overworked or simply unresponsive to the needs of those in their care. Conducting a background check on caregivers before placing a loved one in their care is an important first-step. But ongoing monitoring and involvement is also important.

According to the National Center on Elder Abuse, between 1 and 2 million Americans age 65 or older have been injured, exploited, or otherwise mistreated by someone on whom they depended for care or protection.

You should look for signs of abandonment such as unusual weight loss, malnutrition, dehydration, untreated physical problems, unsanitary living conditions, unsuitable clothing or covering for the weather, unsafe living conditions (no heat or running water; faulty electrical wiring, other fire hazards), and desertion at a public place. Take the proper steps if you believe that elder abuse is occurring: contact the authorities, seek appropriate medical attention and get an experienced personal injury attorney involved.

Reporting Elder Abuse

To report suspected elder abuse, abandonment, or exploitation in Florida call 1-800-962-2873 (for suspected elder mistreatment in the home or in a facility) or 1-800-453-5145 (for suspected elder mistreatment in the home, TDD/TTY access). Many counties in Florida, including Collier, have created special tasks forces to help respond to cases of elder abuse.

Once that process has begun, contact the Spivey Law Firm, Personal Injury Attorneys, P.A.  immediately. An experienced personal injury attorney can help ensure that evidence is properly documented, appropriate physical or mental examinations are undertaken and the legal process begins as quickly and efficiently as possible.

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