Identification of Elder Abuse and Neglect: Evidence of Possible Elder Abuse

Elder abuse has many variations and its victims may not be readily identifiable when they are involved in court proceedings.  Elder abuse can be an underlying concern for cases heard in any division of the court (e.g., traffic, domestic violence, probate, family, and criminal).  An elderly victim of abuse may not always be the alleged victim in a case; he or she could appear in court as a defendant or respondent, a plaintiff or petitioner, a witness, or a juror. 

The following “red flags” can help judges, court staff, attorneys and others identify persons who may be experiencing elder abuse and neglect.

Signs of Physical or Sexual Abuse
Inadequately explained fractures, bruises, welts, cuts, sores, and burns
Elder person appears to be afraid of the caregiver
Elder person changes to different doctors

Signs of Financial Abuse
Elder person “voluntarily” giving inappropriate financial reimbursement for needed care and companionship
Elder person lacks amenities he or she should be able to afford
Caregiver has control of elder’s money but is failing to provide for elder’s needs
Elder has signed property transfers but is unable to comprehend the transaction (e.g., medical and/or financial power of attorney, new will)
Sudden changes in elder person’s financial status
Elder person changes to a different lawyer

Signs of Psychological Abuse
Caregiver isolates the elder person
Caregiver is aggressive, controlling, or uncaring toward the elder person

Signs of Neglect
Elder person lacks basic hygiene
Elder person lacks medical aids (e.g., glasses, walker, hearing aid, medications)
Elder person hoards possessions and food
Bed-bound person left without care
Person with dementia left without care

Additional Online Resources

Center of Excellence in Elder abuse and Neglect, University of California, Irvine
National Center on Elder Abuse
National Committee on Prevention of Elder Abuse
Identifying and Responding to Elder Abuse, Neglect, and Exploitation: A Benchcard for Judges
Aging: Key Legal Issues: Capacity
Aging: Key Legal Issues: Consent
Aging: Key Legal Issues: Undue Influence