In Pennsylvania, it's considered elder abuse to harm a senior citizen or to place them in reasonable fear of harm. And in some cases, deliberately failing to care for the individual––or ignoring their needs entirely––could be considered elder neglect. But what about if a caregiver simply abandons an elder who requires their support? And what if this desertion results in psychological distress or physical harm? Elder abandonment is one of the most alarming forms of elder abuse due to the significant risk of harm it poses to vulnerable senior citizens, especially those who require constant monitoring. That's why, if you suspect a caregiver has abandoned someone you love, it's crucial that you act fast to ensure their comfort and safety. So, to help, here is an overview of what constitutes elder abandonment in Pennsylvania and what legal remedies you can pursue to protect the senior citizen.
Are you worried about a senior relative? If you're concerned about elder abandonment, it's crucial to act fast to protect their welfare. Let the LLF Law Firm Family Law Team assist by calling 888.535.3686 or completing our online contact form.
What Is Elder Abandonment?
According to Pennsylvania's Older Adult Protective Services Act, elder abandonment means the physical and permanent desertion of a senior citizen by their caregiver. In other words, a caretaker assumes responsibility for an older person but willingly deserts them, meaning the individual's basic needs are not met.
It's considered a type of elder abuse in PA as it may result in physical, psychological, or emotional harm to the older person, especially if they have challenging health needs.
Elder abandonment can occur anywhere, but it often occurs in homes or public locations. It can also happen in hospitals, nursing homes, or assisted living facilities.
Elder Abandonment vs. Elder Neglect
Elder abandonment and elder neglect are terms sometimes used interchangeably. However, they are different forms of elder abuse and should not be confused.
- Elder abandonment means deliberately deserting the individual so they are left alone. There's a clear intention to no longer care for the person or ensure their needs are met.
- Elder neglect occurs when the caregiver remains present but fails to adequately care for the person, e.g., they fail to bathe them regularly or administer medication when required. It can be deliberate or accidental, but in all cases, the caregiver is still present.
Warning Signs of Elder Abandonment
It's sometimes challenging to spot the red flags of elder abandonment––there's always the risk that a vulnerable senior person, who perhaps has dementia or Alzheimer's, has simply wandered off and is now lost. But be alert to possible abandonment if the older person is alone and seems confused, frightened, dehydrated, or lacking in basic hygiene.
How Elder Abandonment Differs from General Elder Abuse
In PA, elder abuse means deliberately inflicting pain, suffering, humiliation, or the threat of harm on an elderly person. Abandonment can be considered abuse because the caregiver knows the desertion will most likely cause harm. However, it's unique because the caregiver removes themselves from the situation. There are, potentially, many complex motives for this behavior—such as the caregiver feeling overwhelmed––and so it is less “straightforward” than obvious acts of abuse.
What Should I Do if I Suspect Elder Abandonment?
Should you suspect elder abandonment, you should report possible abuse to the authorities and take the following action.
- If the person knows and trusts you, then immediately take them somewhere safe. Should you be concerned about causing additional distress, contact the authorities or your local provider of protective services (the Older Adult Protective Services Division, which is a branch of PA's Department of Aging) for advice.
- Seek a Protection from Abuse (PFA) order: Although the caregiver has deserted the person, a Protection from Abuse order could still be an effective way to prevent them from returning and, potentially, causing further harm. We will discuss how to seek such an order below.
- Gather Evidence: To prove abandonment, gather evidence that may be helpful, such as photographs, video footage, or medical records. Your LLF Law Firm attorney can help you collate the most effective evidence.
If you're a mandated reporter––such as a healthcare worker, social worker, or law enforcement official––you must report your concerns to the Department of Aging. Otherwise, you could face disciplinary action for failing to report concerns.
Can I Get a Protection from Abuse (PFA) Order for Elder Abandonment?
Yes. A PFA is a civil order preventing a named person from causing another person harm. It restricts contact, so the named person can no longer visit, call, text, or message the victim.
You can obtain a PFA if the victim and named person are related by blood or marriage, share a household, or have an existing or pre-existing romantic relationship. Your attorney can explain how you might proceed if a PFA is not attainable due to the relationship between the caregiver and the senior person.
The Crucial Role of PFAs in Protecting Abused Elders
Elder abandonment places elders at an immediate risk of harm. PFA orders prevent the caregiver from having contact or communication with the victim, which reduces the risk of further abuse or abandonment escalating into other forms of elder abuse, e.g., physical abuse.
Even if the caregiver appears to have deserted your loved one, it's vital to ensure they cannot return to cause harm or distress. Seeking a protective order offers both you and your loved one reassurance at a distressing and alarming time.
How to Obtain a PFA Order in Pennsylvania
Filing for a PFA order in PA can seem a complex process, but there are, thankfully, just a few clear steps involved. Your LLF Law Firm attorney can guide you through the process, but here is an overview of the three main stages.
Filing for a Temporary Protection from Abuse Order
First, you should attend your local Court of Common Pleas to obtain a temporary PFA order, which offers short-term protection against the alleged abuser. You can do this during court hours or, if it's an emergency, outside of regular court hours.
You must explain to the judge why the named individual poses a threat to the victim and why the order is necessary to help prevent elder abuse. The judge will grant the order if they agree it's required. Temporary PFA orders last around 10 days, and emergency orders last until a temporary PFA order can be issued during court hours.
Service of the Order
The named individual receives a copy of the temporary PFA order. Should they violate any conditions of the order, they could be charged with criminal contempt.
The temporary PFA order will include the time and date of the final PFA order court hearing, which is typically in around 10 days' time.
Final Protection from Abuse Order Hearing
The final PFA order hearing gives both parties the chance to present their case before a civil court judge. Should the judge deem the order necessary to protect the senior victim from the named individual, they'll grant a final PFA, which can be renewed indefinitely. But should they deem the victim safe, they'll end the temporary PFA order and dismiss the case.
You may have grounds to appeal the dismissal of a PFA order if, for example, you can show the judge erred in fact or law or that the courts made procedural errors. Your LLF Law Firm attorney will explain how the appeals process works and whether you have grounds to proceed.
Can the LLF Law Firm Assist in Elder Abandonment Cases?
Yes. The LLF Law Firm Family Law Team works across PA to protect vulnerable adults––including senior citizens––from abuse, violence, and neglect. Should you retain our attorneys, here is what you can expect from our team.
- Legal Advice: It's important to act fast if an elder has been abandoned or neglected. Our attorneys will quickly assess the situation, explain your possible legal remedies, and guide you to making an informed decision as to how best to protect your loved one.
- Victim Safeguarding: Victim protection in elder abandonment cases may require urgently seeking a PFA order. We will help you complete the relevant paperwork to file for the order and if appropriate, we can help you report your concerns to the authorities.
- Court Administrative Support: When you seek a PFA order, you must present your case before the judge to explain why the order is essential to protect the victim. Our team will help you present the most effective case, and where necessary, we can assist with PFA order appeals.
- Communication and Guidance: Our attorneys are here to answer any questions you have about the civil court process. We understand how complex elder abuse cases can be, and we will walk you through the entire procedure, from reporting elder abuse concerns to filing for a PFA order.
Elder abandonment often raises urgent safety and welfare concerns. The sooner you hire our attorneys, the quicker we can step in to protect the vulnerable elderly and help reduce the risk of physical or mental harm.
Retain Experienced Elder Abandonment Attorneys in Pennsylvania
When a caregiver deliberately abandons the elderly person they're trusted to support and care for, it can result in significant emotional distress and physical suffering. In the worst cases, it could lead to serious and irrevocable harm. Should you suspect a loved one has been abandoned by their caregiver, you need urgent legal support to ensure the correct investigations are carried out and that the victim receives the physical and mental support they need to thrive. This is where the LLF Law Firm can help.
At the LLF Law Firm, your loved one's safety is our top concern. We will do everything possible to help you protect them from harm and to ensure they receive the short and long-term support they need from a responsible caregiver. We'll walk you through the investigations involved and assist you as you navigate the legal process. And, when required, we'll advocate on your loved one's behalf at any civil court hearings.
Vulnerable adults deserve to feel safe, respected, and supported. Let us champion their legal rights and help you safeguard their physical and mental welfare. Protect your loved ones from elder abuse, such as neglect or abandonment, by calling the LLF Law Firm Family Law Team at 888.535.3686 or telling us about your case online.
