Elder & Vulnerable Adult Abuse FAQ

The information below is designed to answer common questions about elder and vulnerable adult abuse or neglect.

If you would like more information, please contact Hagens Berman's Personal Injury Group at 206-623-7292 or [email protected].

Elder Abuse

What is elder abuse?

Elderly people are among society’s most vulnerable, especially if they no longer have the capacity to care for themselves.

Tragically, older adults are susceptible to many forms of abuse, including:

Physical and sexual abuse.
Verbal abuse, such as threats or intimidation by a caretaker or person in power.
Financial exploitation, like “borrowing” money from an elderly person with no intention of paying it back.
Prescribing too many drugs or too much or too little of one drug.
Neglecting an elderly person’s medical, emotional or physical needs, or allowing them to neglect their personal needs.
Nursing home, long-term care and adult family home abuse.

What are the warning signs of elder abuse or neglect?

If an elderly or vulnerable person is being physically abused, they might exhibit unexplained cuts or bruises, suffer the same injury numerous times or be afraid to see a medical professional about their injuries. If they’re being neglected or abused psychologically, they might act frightened, confused or depressed, or suffer from insomnia. If they’re being exploited financially, they may not be able to account for certain transactions or their predator may forge their signature on checks and other transaction slips.

If an elder or vulnerable adult that you love or care for is being neglected at a nursing home or adult family home, you can often tell just by looking at them. They may not be bathing regularly or suffer from bedsores or rashes. Additionally, they may have lost weight due to food deprivation, or their medication isn’t getting refilled regularly.

What if I suspect elder abuse, neglect or exploitation?

If you witness any warning signs of elder abuse, don’t hesitate to contact an attorney or someone in position to provide immediate relief – such as an order of protection – to the victim. Most states have agencies equipped to swiftly respond to reports of elder abuse; in Washington state, it’s Adult Protective Services. The most important thing is to get your loved one out of harm’s way as soon as possible, and the elder abuse legal team at Hagens Berman is here to help.

My mother is in a nursing home and I don’t think she’s getting the care she needs. What steps can I take?

If you are a legal guardian or have power of attorney and you feel like your loved one is being abused at a nursing home, then you should document the abuse and do everything in your power to relocate them. The decision to place a loved one in a nursing home is extremely difficult – and when the trust you’ve place in these facilities is betrayed to such an ugly extent, it’s doubly painful. Hagens Berman’s group of elder abuse attorneys is uniquely qualified to guide your family toward justice, having held nursing homes accountable for their misdeeds and securing more than $20 million in compensation for vulnerable and elderly abuse victims.

Vulnerable Adult Abuse

What is a vulnerable adult?

A vulnerable adult is someone who is unable to provide their own necessities of life due to age, disability, disease or developmental disorders. This group does not solely consist of older adults (typically defined as being over 60 years of age), but also includes people in drug or alcohol rehabilitation facilities and group homes. Some situations don’t even require a vulnerable adult to be an adult, like if a 15-year-old is disabled in some way.

What is vulnerable adult abuse?

Examples of abuse, neglect and financial exploitation of vulnerable adults include:

Pushing, hitting, punching or sexually abusing a vulnerable adult.
Shouting at, berating, intimidating or threatening to harm a vulnerable person.
Taking financial advantage of someone who is lonely, mentally impaired or has memory lapses.
Taking money that a vulnerable person needs, “borrowing” money with no intention of paying it back or tricking someone into buying something they have no use for.
Failing to provide goods and services that are necessary to meet the physical, medical or emotional needs of a vulnerable adult when a person has an obligation to do so.
Neglecting a vulnerable person’s physical, medical and emotional needs.
Allowing a vulnerable adult to neglect their personal needs.Accordion content 1

What are the warning signs of vulnerable adult abuse or neglect?

Sadly, a vulnerable adult’s abuser is often a family member. This abuse can be physical, in which case you should keep an eye out for warning signs such as bruises, open wounds, a sudden change in behavior or a caretaker’s reluctance to allow the vulnerable adult to spend time with a trusted visitor without someone else present.

The abuse of a vulnerable adult can also be mental or emotional. In these cases, the vulnerable adult can appear upset, agitated, nervous or unresponsive. You should also keep an eye on the quality of a vulnerable adult’s living conditions, which can often indicate neglect by their caretaker.

How are vulnerable adults protected from abuse or neglect?

There are several state and federal statutes that make it illegal for someone to abuse or otherwise take advantage of a vulnerable adult. These fragile individuals can also be separated from their abusers through vulnerable adult protection orders, which provide the victims’ loved ones the opportunity to get them out of harm’s way and into a more caring, nurturing environment. Hagens Berman’s vulnerable adult legal team has a proven track record of compassionately – but aggressively – fighting for justice for these individuals, holding their abusers accountable and securing lucrative settlements where compensation is warranted.

General Questions

What is financial exploitation of an elder or vulnerable adult?

Since elders and vulnerable adults can be prone to memory lapses and are often incapable of managing their affairs, they are especially susceptible to being taken advantage of financially. This can take the form of a predatory acquaintance “borrowing” money that they never intend to pay back or tricking an elderly or vulnerable person into buying something they have no use for.

If an elder or vulnerable adult suddenly introduces a new acquaintance who is supposedly managing their money, that’s cause for concern. Other warning signs of financial exploitation include unpaid bills, unexplained withdrawals from a bank account, abrupt changes in a will, a sudden transfer of assets to a previously uninvolved family member or acquaintance, and checks that look to be forged.

What is sexual abuse of an elder or vulnerable adult?

When a caretaker or physician overprescribes or underprescribes a medication to an elder or vulnerable adult, that constitutes abuse. Prescription/medication abuse also occurs when an elder or vulnerable adult is prescribed the wrong drug by a physician or when a caretaker either steals or withholds a pharmaceutical from the person it’s prescribed to.

What is prescription/medication abuse of an elder or vulnerable adult?

Yes, there are criminal and civil penalties for people who abuse elders or vulnerable adults. In California, for instance, felony elder abuse can result in offenders being fined and imprisoned for up to four years, as well as ordered to pay restitution to their victims. There are also laws governing civil actions, where an elder or vulnerable adult who’s been abused can privately seek monetary damages and injunctive relief for what’s transpired.

Are there criminal or civil penalties for elder or vulnerable adult abuse?

Who should I call if I suspect an elder or vulnerable adult is being abused?

The first thing to do if you suspect an elder or vulnerable adult is being abused is to document the suspected abuse. Most states have an agency that handles such complaints. In Washington state, it’s Adult Protective Services, which is required to investigate every reported case of abuse and, if necessary, involve other social services or police to protect vulnerable and elderly individuals.

Another early step which will ensure that the elder or vulnerable adult is protected from their abuser is to contact a law firm with a proven track record of handling such cases. An experienced attorney in this field of law can help you secure a protection order and file a lawsuit, if need be, to prevent further abuse and seek compensation for the victim’s pain and suffering.

Why is Hagens Berman better equipped to handle elder or vulnerable abuse cases than other law firms?

Sadly, reports of elder or vulnerable adult abuse – primarily in nursing homes and other group homes – are on the rise on the United States. As our population grows older, Hagens Berman is committed to protecting elderly individuals. Compassion and integrity are crucial to elder and vulnerable adult abuse cases, and few law firms take these qualities as seriously as Hagens Berman’s vulnerable adult legal team. The firm carefully selects the cases it chooses to litigate, so that victims and their loved ones feel cared for and stand the best possible chance of being awarded maximum compensation for their suffering. To this end, Hagens Berman has recovered more than $20 million for vulnerable and elderly abuse victims.

What happens after I hire an attorney to represent me in an elder or vulnerable adult abuse case?

An experienced personal injury attorney will first spend time collecting evidence to build your case. Depending on the circumstances, that could include interviewing witnesses, meeting with law enforcement, acquiring medical records and determining if any visual images of the alleged abuse exist. Once the investigative phase is over, your attorney will use their skills to reach a resolution that is best for the abuse victim. This may include filing a lawsuit or reaching earlier resolution, depending on the circumstances.