Older people are unusually exposed to abuse. As mental sharpness and physical fitness decline with age, they come to depend on others for their daily needs, and the people they depend on are sometimes the ones doing the harm. If you believe a relative or friend is being abused, the first step is to understand what elder abuse looks like in law and what remedies New York offers to stop it.
What Elder Abuse Is
The World Health Organization defines elder abuse as “a single, or repeated act, or lack of appropriate action, occurring within any relationship where there is an expectation of trust, which causes harm or distress to an older person.” Abusive acts are the more common form, but the definition also covers inaction: neglect is abuse. Much of it is subtle, and it often takes a careful look at the whole situation to see what is happening.
Types of Elder Abuse
Elder abuse ranges from overt violence to forms that leave no visible mark.
| Type | What it looks like | Signs |
|---|---|---|
| Physical abuse | Punching, hitting, slapping or kicking; any use of force or violence against the older person. | Visible injuries or scars. |
| Mental or psychological abuse | Insults, intimidation, threats or humiliation that damage emotional well-being. | Hard to detect; no physical marks. Fear of or anger toward the caregiver, or emotional withdrawal in someone who is usually of good disposition. |
| Sexual abuse | Sexual harassment or assault, made possible by the person’s vulnerable physical and mental state. | Physical indications where force was used, together with the same signs of trauma seen in psychological abuse. |
| Financial abuse | Spending or using the older person’s money or property for the abuser’s own gain, including scams such as tricking the person into signing a power of attorney that hands financial control to the abuser. | Perhaps the most common form of elder abuse. |
| Abandonment or neglect | Failure by the person responsible for care to provide it: withholding necessary medication or medical help, or abandoning the person altogether. | Untreated conditions; deprivation of basic needs. |
Remedies Against Elder Abuse in New York
Stopping the abuse usually requires legal action, and the right action depends on the facts. Where the abuse is financial, one remedy is to petition the court to appoint you as your relative’s guardian. A guardian controls the person’s financial affairs, which makes it very hard for the abuser to keep taking advantage once you are the one managing the money. We handle these guardianship petitions and the related financial abuse claims.
Criminal charges under state or federal law are another route, so that the abuser cannot avoid the consequences of what was done. A civil lawsuit to recover damages from the abuser may also be available.
How We Can Help
Elder abuse calls for quick, decisive action. We look at your relative’s circumstances, identify which of the remedies fits and pursue it. If you know or suspect that an older person in your life is being abused, call the Law Offices of Albert Goodwin at 212-233-1233 or email [email protected].
