Best Type of Lawyer If You Suspect Abuse in Senior Living Communities

When families are trying to find the best senior living community, they look for a place with the best care where their loved ones are in safe hands. The last thing they want to think about is possible abuse.

But it’s important to be aware of abuse that unfortunately happens, and to know how to recognize signs of abuse. Nobody wants to think about bad things happening to someone they love, but they need to do it in order to protect them properly. If, unfortunately, abuse happens, knowing which steps to take is necessary to protect them from harm.

Learning about common signs of abuse might not be pleasant, but it’s necessary. Learning what you can do if you believe a senior family member is being abused, these types of things, can help more than you’d imagine.

Common Signs of Abuse in Senior Living Communities

It’s not easy to recognize signs of abuse, especially if your loved one doesn’t speak about it.

If you know common signs of abuse, you can react immediately:

  • Physical Injuries: If you see bruises but you don’t hear about any accident or sudden fall, it’s a red flag. In fact, if you see any injuries, such as cuts or other injuries, but you don’t get a clear explanation of what happened, you need to react immediately.
  • Emotional Withdrawal: People think that when they notice their loved one is withdrawing, or becomes anxious, it’s a common reaction to the change in their lifestyle, living space, etc. That can happen, but in some cases, it can be a sign of abuse. You should observe seniors’ reactions to staff members, and if you see a change in behavior around a certain staff member, that can be a sign of emotional abuse.
  • Behavioral Changes: Sudden aggression or fearfulness with no apparent reason can be indicators that something isn’t right.
  • Poor Hygiene/Malnutrition: Uncleanliness (bad hygiene) and/or sudden weight loss could be signs of abuse.

These signs DON’T mean abuse, but they’re indicators that something’s wrong. Abuse could be the reason. So at the very least, we should be alarmed if we notice these signs. Especially so if we see more than one. Don’t ignore these.

What To Do If You Suspect Abuse

If there’s any doubt (or possibility) that a senior is a victim of abuse, here’s what you can (and should) do:

Document Evidence

Documenting everything is the first step to any legal matter. These can later be used as strong evidence. Take photographs/videos of injuries (the digital stamp will note the time and data of when it’s been taken), noting what and when anything out of the ordinary occurs, write/record down anything that the senior tells you – things like that.

Report Abuse

You may call local authorities, such as Adult Protective Services (APS), to report the abuse – even if suspected.

Most states have state-specific hotlines you can call, and the agencies will then instruct you on what to do next, and they’ll likely investigate the situation.

Speak with the Facility Management

If you suspect abuse in a facility (or community) where your older family member resides, you need to notify management. They then need to take the complaint seriously and investigate the matter.

Get Professional Assistance

An expert can help you look for signs of abuse (e.g., a medical professional).

Their job is to examine your loved one and give a comprehensive report on their health and emotional status. This report can be later used as evidence.

Call an Attorney

Contact a lawyer who handles elder abuse cases. Lawyers will know how to handle the situation from start to finish – it’s their job, not yours. Follow their instructions and present them with all your evidence and findings that you’ve collected so far.

Lawyers Can Handle State-Specific Laws

As mentioned before, regulations can be different from state to state, so it is best to find a professional in your area.

For example:

In California, survivors of sexual assault have 10 years to file a civil claim (or 3 years from the date they first discovered harm). Rape offenders get 3-8 years, with aggravated cases leading to life under ‘One-Strike’. Broader consent principles apply to every case; however, mental capacity will be assessed on a case-by-case basis.

In Michigan, on the other hand, it’s 3 years for adult survivors and 10 years for criminal sexual conduct claims. Offenders are stated to get up to 15 years in prison (there are multiple tiers of varying fines/prison terms). In Michigan, there’s no general definition of consent; it only becomes relevant if someone is considered ‘incapacitated’ (Michigan Penal Code MCL 750.520a: mental illness/deficiency, unconscious, asleep, not able to communicate unwillingness, intoxicated/drugged).

A sexual abuse attorney Michigan citizens rely upon would understand these Michigan-specifics when it comes to sexual abuse cases. A lawyer from another state might serve you successfully, and they understand all the specifics… but not like a Michigan-based lawyer would, one that’s intimately familiar with such cases and the particulars of that state’s law.

Cost and Legal Options

Like with any other service, if you take legal help, you need to know the associated costs.

Service Average Cost (in USD) Notes
Initial Consultation Free or $100-$200 per hour Most lawyers offer free consultations.
Investigation Costs Varies Investigation costs depend on the complexity of the case.
Legal Fees $150-$500 per hour Fees depend on the lawyer’s experience and case details.
Contingency Fees (if applicable) 30%-40% of settlement Only pay if you win the case.

Conclusion

Any possible harm to your loved one is something hard to even think about, but as you can see, it is necessary. If you know what to do in case of abuse, it will make all the difference for your senior family member.

Taking the right steps and knowing when to ask for professional help is essential for protecting your loved ones, but also others in the same position.