As Pennsylvania grapples with a drastic rise in elder abuse deaths since the COVID-19 pandemic, many families are wondering how to respond when they suspect abuse of an elder relative or friend. While the scars from physical abuse are more apparent, psychological and emotional abuse leaves damage that is often unseen. The emotional or psychological abuse of an older person is a complex subject. You may have experienced this emotional or psychological abuse, or have seen a family member or friend abused. This might involve:
- Verbally attacking or yelling at an older person in a manner that makes them feel threatened, intimidated, or afraid.
- Delaying care or failing to answer calls to intimidate the senior into compliance or silence.
- Calling older people names or telling them they are worthless in order to gain control.
- Forcefully or repeatedly asking or demanding that an older person do something they do not wish to do.
- Keeping an older person away from family and friends and isolating them to gain control.
- Talking to an older person as if they were a child or belittling them.
- Watching or controlling every move an older person makes.
If you suspect elder abuse of a loved one, you may need to take action to protect their health and dignity. The LLF Law Firm can help you get the legal help you need to protect your family member. Call us today at 888-535-3686 to schedule a consultation or submit your details on our online form, and we will contact you.
Defining Emotional or Psychological Elder Abuse
The World Health Organization defines elder abuse as “a single, or repeated act, or lack of appropriate action, occurring within any relationship where there is an expectation of trust which causes harm or distress to an older person.” Pennsylvania law defines elder abuse as an act or failure to act by a caregiver or other responsible individuals that results in injury, exploitation, or a decline in the mental or physical health of a senior. Of all types of elder abuse, psychological or emotional abuse may be the most difficult to define and the most difficult to expose. It is also the most common form of elder abuse.
Psychological or emotional elder abuse involves an intentional act that inflicts psychological pain, fear, or distress. This includes threatening, harassing, intimidating, or attempting to humiliate an older person. While a single act might constitute abuse, most elder abuse cases involve repeated or even chronic abuse. The elder adult is living a pattern of abuse that makes each day a struggle to maintain life and dignity. Unfortunately, the people most likely to abuse seniors are caregivers who are entrusted with meeting seniors' needs.
Abuse by Caregivers in Nursing Homes and Healthcare Settings
Caregivers for older adults are the most likely perpetrators of emotional or psychological abuse. According to the World Health Organization, rates of abuse of older people in nursing homes are high, with 2 out of 3 staff members admitting they have committed abuse in the past year. Caregivers may belittle seniors, call them names, or threaten them. However, it's not just name-calling — caregivers may cut residents off from loved ones or manipulate them by failing to answer calls in a timely way or by withholding or delaying meals or care to gain compliance and control.
Signs of Emotional or Psychological Elder Abuse
According to the US Department of Justice Elder Justice Initiative, the following are signs of elder emotional or psychological abuse:
- An elder adult often being emotionally upset.
- An elder adult withdraws or is non-communicative or non-responsive.
- An elder tells you they are being verbally or emotionally mistreated.
- An elder displays unusual behavior, such as rocking or exhibiting violent behavior, including biting.
- Witnessing a caregiver isolating an older adult or controlling them in extreme ways.
- An elder adult has a change in sleeping or eating habits.
- An elderly adult exhibits personality changes.
- An elder adult suddenly displays depression or anxiety.
If your loved one is displaying any of these signs of abuse, it is likely time to investigate and take action. Your elder family member may disclose abuse directly to you by telling you that a caregiver is mean or that they are afraid of a caregiver. Even for a senior that cannot or will not disclose their abuser, family members should take action if an elder shows signs of abuse.
Risk Factors for Elder Emotional or Psychological Abuse
In determining whether an elderly person is being abused, it is helpful to look at risk factors. If your loved one has several high-risk factors for abuse, it warrants a higher degree of oversight and intervention.
A review study published in 2021 found the following were significant risk factors for victims of elder abuse:
- Female victim.
- High degree of dependency on the abuser.
- Dementia.
- Disabilities.
- Isolation.
The sad reality is that the seniors who need the most care are also the most likely to experience emotional or psychological abuse. Due to dementia or other disabilities, they may also be the person least able to help themselves or fight back. Elders experiencing abuse often must rely on family members and loved ones to advocate for their right to safety and dignity.
Risk Factors for Perpetrators of Emotional Abuse
The same study showed the following were significant risk factors for becoming an abuser:
- High degrees of stress.
- History of alcohol abuse.
- History of drug abuse.
- Mental illness.
- Lack of social support.
Given these risk factors, it is not surprising that abuse of seniors skyrocketed during the COVID-19 pandemic. This was a period of high stress, during which many healthcare workers faced long hours with limited support. But many other risk factors are shared by nursing home workers who are unfit or ill-suited to caring for vulnerable patients. These include mental illness and substance abuse. If you fear that a caregiver for a loved one fits the profile of a perpetrator of abuse and you fear abuse is happening, call the LLF Law Firm.
Protecting Elders From Abuse in Pennsylvania
When you suspect or know that a loved one is being abused, you should contact the local Area Agency on Aging (AAA), law enforcement, or the Pennsylvania Department of Aging. However, to secure immediate relief, you may need to seek a Protection from Abuse (PFA) Order. A PFA is a powerful and effective tool that can provide safety for elderly loved ones by restraining the abuser.
How PFA Orders Protect Abused Elders in Pennsylvania
A PFA order creates a clear understanding and boundaries for caregivers and other parties. The PFA may require an abuser to leave your loved one's residence or end delays in care or feeding. This allows families to regain control and feel more secure that their loved one is being cared for appropriately.
Who Can File a PFA
Older adults experiencing abuse can file for a PFA themselves. Family members may seek orders on behalf of an elderly relative, particularly if they have power of attorney. Even in the absence of a power of attorney, the LLF Law Firm may be able to secure a PFA order. Every situation is unique, so contact the LLF Law Firm to discuss your specific issues and challenges.
The PFA Process
The PFA process begins with the filing of a petition with the local family court. In this petition, you must state facts outlining the abuse and the urgent need for elder protection. The best part is that this process can begin immediately, often within just a few hours. The family court judge who hears the petition can issue a temporary order immediately, providing relief to your elder loved one. When the family court issues the temporary order, they will set a hearing date within 10 days. At this hearing, the judge will consider whether to make the temporary protection order permanent. During this hearing, you will present evidence of the abuse. You must present a clear need for long-term protection to obtain a final PFA order.
The LLF Law Firm is Your Ally Against Elder Emotional and Psychological Abuse in Pennsylvania
Caring for and supporting an aging family member can be challenging, especially when you are “sandwiched” between childcare and eldercare responsibilities at the same time. The LLF Law firm understands how challenging it is to gather evidence and prepare paperwork while meeting all your other obligations. We can help lighten your load and help you avoid costly mistakes while advocating for your elderly loved one. We understand Pennsylvania laws regarding elder abuse, and we are dedicated to stopping abuse and protecting seniors. The LLF Family Law Team is here to support you and fight for your elderly family member. Call us today at 888-535-3686 to schedule a consultation or leave you details on our online form and we will contact you.
