The National Elder Abuse Incidence Study says that more than 500,000 Americans aged 60 and over were victims of domestic abuse in 1996, the last year for which full statistics are available. The study also says that the elder abuse incidents are on the rise.

Experts believe that many more cases are never revealed. For every reported incident of domestic elder abuse or neglect‚ the Administration on Aging estimates that approximately five go unreported.  

Warning Signs of Elder Abuse  Knowing the warning signs of abuse is a first step toward protecting elder loved ones. Some specific potential indications (however, there may be other explanations):  Bedsores, unattended medical needs, poor hygiene, dehydration, and unusual weight loss are indicators of possible neglect.  Unexplained withdrawal from normal activities, a sudden change in alertness, and unusual depression may be indicators of emotional abuse.  Bruises, pressure marks, broken bones, abrasions, and burns may be signs of physical abuse. Bruises around the breasts or genital area can occur from sexual abuse.  Sudden changes in financial situations may be the result of exploitation.  Behavior such as belittling, threats, and other uses of power and control are indicators of verbal or emotional abuse.  Strained or tense relationships, frequent arguments between caregiver and elderly people.

Looking at Some State Laws

For example, Illinois enacted three laws targeted at the medical profession. One piece of legislation would add emergency medical technicians and paramedics to the list of professionals who are able to report suspected abuse. Another measure would allow the authorities to charge professionals that willfully fail to report suspected abuse with a misdemeanor.

Advisory boards for doctors, dentists and dental hygienist could sanction those that fail to report elder abuse. Victims will be able to collect three times their economic or noneconomic damages, along with attorney fees.

In Oregon, legislators increased civil penalties for the physical or financial abuse of elderly or incapacitated persons.

And Missouri enacted legislation that increases penalties for all violations of nursing home care standards — the first penalty increase in more than 20 years.

For the most serious violations, nursing homes in Missouri could face penalties of as much as $10,000 per day. Any administrator who fails to report abuse or neglect that could result in serious injury to a resident can be charged with a felony.

The law also directs that revenue generated by the fines be used for other programs to help elderly people, including the Meals-on-Wheels program and the Nursing Facility Quality of Care Fund.

Federal Legislation on Hold

These are just a few of the strict laws being enforced in states. Unfortunately, there have not been similar laws enacted on a federal level.

Although federal laws provide services and shelters for victims of child abuse and domestic violence, there is no comparable federal law involving elder abuse. The Older Americans Act does define elder abuse and authorizes the use of federal funds for the National Center on Elder Abuse to provide certain elder abuse awareness, training, and coordination activities in states and local communities. But the federal law does not fund adult protective services or shelters for abused older persons.

Citing concerns that there is no federal law that addresses elder abuse in a comprehensive fashion, the Senate introduced the Elder Justice Act, which would provide more protection, but it has not yet passed.

Contact the proper authorities if you suspect elder abuse. In a residential facility, for example, notify staff supervisors‚ physicians‚ or the head of the facility. If you do not receive a satisfactory solution‚ the facility has a grievance process you may want to pursue. If the issue is still not resolved, you can contact state ombudsmen‚ or government agencies.