How to Spot and Stop Elder Abuse

By Gracie Davis – Deputy Executive Assistant at West Virginia Senior Legal Aid

Elder abuse is a serious concern and affects much of West Virginia’s population. It is sinister and can manifest in various forms (e.g., physical, financial, emotional). Recognizing the signs of elder abuse and the legal steps to protect oneself or a loved one are critical to maintaining the wildness and beauty of West Virginia and ensuring its citizens’ safety.

Elder abuse can be difficult to detect. However, there are key indicators to be aware of in its various forms.

For physical elder abuse, key indicators include: (1) unexplained bruises, cuts, or other injuries; (2) not wanting visitors to see the elder alone; (3) frequent medical facility visits; (4) sudden changes in behavior.

For financial elder abuse, key indicators include: (1) sudden financial changes (e.g., major withdrawals, major transfers, other major monetary losses); (2) missing property; (3) unpaid bills that are normally paid; (4) changes in wills, trusts, or powers of attorney without the elder’s express desire and consent.

For emotional elder abuse, key indicators include: (1) withdrawal from normal activities and interactions; (2) unusual depression, anxiety, or other mental health issues; (3) tension between the elder and their caregiver; and (4) sudden changes in behavior.

If the signs are there, there are several legal steps to protect yourself or a loved one against further harm: (1) report, (2) seek legal aid, (3) financial protection, (4) healthcare and living arrangements, and (5) awareness.

First, contact Adult Protective Services (APS) at 1-800-352-6513. APS will investigate and take action to protect the elder. Also, contact local police if the abuse is severe and poses an immediate threat.

Second, contact an elder law attorney to learn what legal options are available. Perhaps a protective order is a good legal option if the abuser is close to the elder.

Third, review financial records regularly to ensure there is no unusual activity. Set up safeguards (e.g., direct deposits and automatic bill payments) to prevent financial exploitation. Also, contact an elder law attorney or a financial advisor to establish more safeguards (e.g., a durable power of attorney with a trusted individual).

Fourth, schedule regular medical check-ups to monitor signs of physical elder abuse. Also, visit the elder’s home often to monitor the interactions and the environment.

Fifth, learn about elder abuse and the reporting process. You are already off to a great start by reading this article! One may also attend workshops on elder abuse and related topics.

Under the West Virginia Code, physical elder abuse is a felony, and the penalty is being “confined in a state correctional facility for not less than two nor more than ten years.” W. Va. Code Ann. § 61-2-29. Also, under the Code, financial elder abuse is a felony, and the penalty is being “fined not more than five thousand dollars and incarcerated in a correctional facility not less than two nor more than ten years.” W. Va. Code Ann. § 61-2-29. Additionally, “[i]f any person, caregiver, guardian or custodian of an elder person or incapacitated adult, by means of deception, intimidation, coercion, infliction of bodily injury or threats of the infliction of bodily injury, willfully misappropriates, or misuses the funds or assets of an incapacitated adult or elder person for the person’s, caregiver’s, guardian’s, or custodian’s personal use, advantage or wrongful profit or to the advantage or wrongful profit of another, he or she is guilty of a felony and, upon conviction thereof, shall be fined not more than five thousand dollars and incarcerated in a correctional facility not less than five nor more than fifteen years.” W. Va. Code Ann. § 61-2-29. This part of the code addresses a mix of financial and emotional abuse.

In sum, preventing elder abuse requires vigilance, education, and a proactive approach to recognizing the signs and taking legal action. Staying informed and involved ensures the safety and dignity of such a large (yet underrepresented) population: the elderly. If you or a loved one need further assistance, please contact a licensed attorney and/or mediator. West Virginia Senior Legal Aid is dedicated to defending seniors’ rights.