Dear Helen:
Thank you for being concerned about your neighbor. Your neighbor's response that she fell and bruised her arm could be true and there is no abuse going on, but on the other hand, taking into account all the other signs, she may be a victim of elder abuse.
Elder abuse is more common than many people think. It is a problem that does not get a lot of attention since the abuse takes place behind closed doors; the victims do not want to or cannot talk about it; and people do not know how to recognize the signs or how to report it when they do see it. According to the ElderCare Rights Alliance, between 1 and 2 million Americans age 65 or older have been abused and only one out of eight cases of elder abuse are reported. See their website for more information, www.eldercarerights.org. A 2009 MetLife Mature Market study found that older Americans lose approximately $2.6 billion per year due to financial exploitation. The month of June has been dedicated as "International Elder Abuse" month, in hopes that more attention is paid to this issue.
The warning signs of elder abuse include: physical injuries; emotional or behavioral changes; a decline in self-care; and loss or unexplained disappearance of money or possessions. Helen, from the situation that you described, your friend seems to have some signs of elder abuse that warrant more investigation. She is withdrawn and has changed her behavior. She has bruises. These signs occurred around the same time that her grandson started to live with her, which is suspicious. I recommend that you report it to your County's Common Entry Point. To get this number, please call the Senior Linkage Line at 800-333-2433. The Common Entry Point is the designated number that each County sets up to receive these reports; which can be taken at any time of day or night. The report is then given to the Adult Protection Unit in that County to investigate. According to the Minnesota Department of Human Services, in 2008, 20,090 reports were taken throughout the state.
Minnesotacreated the Vulnerable Adults Act in 1980 as a way to investigate and protect vulnerable adults, including elders. See Minnesota Statutes § 626.557. It has been revised over the years, including creation of supporting statutes and a major reform in 2009. It mandates that certain individuals report suspected abuse to the Common Entry Point. Mandated reporters include: a professional or professional's delegate engaged in social services; law enforcement; education; the care of vulnerable adults; any of the health-related occupations defined in the statute; an employee of a certified rehabilitation facility; an employee or person providing services in a hospital or nursing home; and medical examiners or coroners. Mandated reporters are protected from retaliation and liability for any damages resulting from the report. Interestingly, lawyers and financial institutions are not mandated reporters. For lawyers, we have a unique relationship with our clients, where we are bound by confidentiality and cannot report suspected abuse without our client's permission. Financial institutions, like banks, are in a unique position to witness suspected financial abuse, but are not mandated to report. Part of the reform of the Act encourages financial institutions to report and also limits their liability for any damages that may happen due to the report.
As your neighbor's friend, you are not a mandated reporter. However, you may be the only one witnessing the signs of the abuse. You may be the only one who can or is willing to step up to report the suspected abuse. I encourage you to call the Common Entry Point and report it. Rest assured, if you make a good faith report, you are immune from any civil or criminal liability that might result from the report. From the evidence you describe, you seem to have enough to make a good faith report. The Act protects reporters in order to encourage people to stand up and report suspected abuse. If you rely on others to report, your neighbor may continue to suffer in silence.
I hope that this encourages everyone to be aware of the signs of elder abuse and be open to reporting them to the Common Entry Point. If you have further questions about elder abuse, you may contact the Ombudsman for Long-Term Care at 800-657-3591; Senior Linkage Line at 800-333-2433; or the ElderCare Rights Alliance at 800-893-4055.
