Long Island Elder Law & Estate Planning

Long Island elder law attorneys

As we age, so do our parents, grandparents, and other older family members. At some point, a role reversal often occurs, where you become the protector and your older family members become vulnerable.  As a result of physical and/or mental deterioration, your older family members may eventually need additional assistance around the house or may even need around-the-clock care in a long-term care facility.  Despite your best efforts to ensure that the people caring for your loved one are competent, caring, and compassionate, there may come a time when you begin to be suspicious of the care your loved one is receiving. You may even suspect your elderly loved one is the victim of elder abuse.  If you find yourself in that position, the Long Island elder law attorneys at Eghrari Law Firm explain steps to take if you suspect elder abuse.

Elder Abuse Facts and Figures

Elder abuse is not a new problem in the United States; however, the recent explosion in the elderly population has heightened awareness of the problem. Unfortunately, accurate statistics regarding the frequency with which the elderly are abused are difficult to come by for several reasons. As states enact new laws and procedures relating to elder abuse, uniform reporting requirements remain elusive. In addition, many victims of elder abuse are ashamed to admit to being abused or fear reprisals by the abuser on whom they often depend for everything from transportation to housing. Nevertheless, experts offer the following conservative estimates:

  • More than one in 10 seniors will be the victim of elder abuse
  • Each year, there are over 5 million instances of financial exploitation with a senior victim
  • For every instance of elder abuse reports, as many as 14 go unreported.
  • More than 40 percent of nursing home residents have reported abuse, and more than 90 percent report that they or another resident of the facility have been neglected.

Steps to Take

There are few feelings worse than suspecting a loved one is being abused – particularly if that loved one is a parent or grandparent. The desire to rush in and protect your loved one is strong; however, most people are not sure where to turn when they suspect elder abuse, making the situation even more frustrating. There are some steps you should consider taking if you suspect elder abuse, including:

  1. Talk to your loved one.  When possible, try talking to your loved one first. Assure him/her that there is no reason to be ashamed of being a victim nor to fear reprisals. Try and confirm your suspicions. Often, this is not possible if your loved one suffers from dementia or is otherwise unable to communicate clearly.
  2. Meet with a supervisor or administrator.  Schedule an immediate meeting with a supervisor if the potential perpetrator is a home health aide or someone similar or with an administrator if your loved one is in a facility. Sometimes. This can be extremely productive while other times you will only hear denials and will hit the proverbial brick wall.
  3. Make a police report.  Elder abuse can be a criminal offense. Making a police report creates a paper trail and will hopefully lead to an investigation.
  4. File a formal complaint.  In New York, you can file a complaint with the New York State Bureau of Adult Protective Services.
  5. Consult an elder law lawyer.  While elder abuse is often a crime, elder abuse can also be the basis for a civil lawsuit against the perpetrator and/or the facility. It is always a good idea to discuss this possibility with an experienced elder law attorney. In addition, if your loved one is reluctant to speak out, or is suffering from dementia, you may need to petition for guardianship to move your loved one to a new facility.

Contact Long Island Elder Law Attorneys

For more information, please join us for an upcoming FREE seminar. If you have additional questions or concerns regarding suspicions of elder abuse, contact the Long Island elder law attorneys at Eghrari Law Firm by calling us at 631-265-0599 to schedule your appointment.

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About Eghrari Law Firm

Mark S. Eghrari is an attorney in private practice in Smithtown, New York. He has been in practice since 1988. Mark S. Eghrari provides extensive estate and tax planning services to individuals and businesses. Mr. Eghrari’s primary focus is helping clients avoid probate, minimize or eliminate Federal and State Estate taxes and protect their assets from the high cost of nursing care, if they become ill Read More!