Elder Self-Neglect

Although elder neglect is a significant problem, self-neglect can be just as troubling. In fact, it's one of the most common types of elder abuse reported to Adult Protective Services. The trouble for caregivers is that self-neglect in elders can be subtle and take a long time to develop. It's not always easy to spot, particularly at the outset. However, in all cases, the outcome can be devastating if the individual does not get the support that they require. But how do you prove elder self-neglect and ensure that the older person can access the protective services required? And what are the possible implications for caregivers, relatives, and other individuals who could be falsely accused of elder neglect?

These questions can be challenging to answer, as there are many legal procedures involved, all of which are highly nuanced. That's why it's advisable to call the LLF Law Firm to discuss your issues with our Family Law Team. In the meantime, here is an overview of elder self-neglect in PA, how to spot the signs, and what remedies are available to protect the older person involved.

If you have elder self-neglect concerns, or if you have any elder abuse matters you need to discuss, don't delay in seeking the legal support you deserve. Contact the LLF Law Firm Family Law Team now at 888.535.3686 or online.

Protection for the Elderly in PA

It is, of course, true that many older individuals are perfectly capable of managing their own affairs. However, it's vital that there are protective mechanisms and safeguards in place to identify those who can no longer care for themselves, live independently, or meet their own financial, medical, or personal needs. Thankfully, PA takes the protection of the elderly seriously, and there are various rules and procedures in place to help identify and support the vulnerable.

Older Adults Protective Services Act

The Older Adult Protective Services Act (OAPSA) is the state legislation that ensures that resources are available to protect vulnerable individuals over 60. OAPSA does not exist to deprive older adults of their right to care for themselves but to ensure that vulnerable over-60s are safeguarded from abandonment, neglect, and abuse. This also includes self-neglect, which we'll consider in more detail below.

PA Department of Aging

The Department of Aging in Pennsylvania protects the interests of those aged 60 and over. Its goals are to promote the welfare of elderly individuals, ensure they understand what support services are available, and help them access the help they need to thrive in their senior years.

Older Adult Protective Services

Older Adult Protective Services is the Department of Aging division responsible for investigating possible cases of neglect, abuse, or mistreatment in those aged 60 and over in PA. Its mission is to implement the provisions of the OAPSA and to take action against those mistreating, neglecting, abandoning, or abusing older individuals.

What Is Elder Self Neglect?

According to the OAPSA, self-neglect is the failure to provide goods or services which are essential for their safety and welfare. In other words, it's the individual who is failing to provide themselves with essentials, such as food, water, shelter, clothing, and medical care.

Signs of Self Neglect in Elders

While each case is unique, caregivers should look for signs such as:

• Poor medication management: Typically, this means the individual fails to take the medicine they need at the right times, but it may also mean falling behind on prescriptions.
• Lack of personal hygiene: Evidence of infrequent bathing or dental hygiene, dirty clothing, and lack of hygiene products at home.
• Poor health management: The individual fails to make or keep medical appointments or won't respond to doctors or other health professionals.
• Lack of nutrition: Empty fridges and cupboards, or poor, low-quality foods, unlike the type the person would normally consume.
• Dirty living conditions: Clutter, grime, pests, or any other evidence that the person doesn't care what their living conditions are like.

Elder Self-Neglect vs. Elder Neglect

Although elder self-neglect and elder neglect are similar, they are legally different. For clarity:

• Elder self-neglect means the individual no longer cares for themselves properly. They allegedly have the capacity to look after themselves but won't provide for their basic needs.
• Elder neglect is when the individual requires care, but the caregiver fails to provide the individual with the basic products, services, or support they need to stay safe and healthy.

In both cases, the individual is at imminent risk of harm. But in the case of self-neglect, the individual is––to put it simply––their own abuser.

What to Do if You Suspect Elder Self-Neglect

If you're concerned about an older person's welfare or their ability to care for themselves, it's crucial that you act. Not only could you otherwise face accusations of neglect, but there's also a significant risk that the individual will continue to deteriorate.

In PA, if you're a caregiver or concerned relative or friend, your first step should be contacting the OAPS to report your concerns. You can do so by calling the designated hotline.

• An OAPS caseworker will review the report.
• OAPS investigations should be initiated within 72 hours (or within 24 hours for emergencies).
• The investigation typically involves interviewing the elderly person and others close to them and visiting the individual's home to inspect their living conditions. The individual's overall mental capacity to remain independent will also be considered.
• Should the caseworker deem the individual at immediate risk, they will create a care plan, or plan of action, for improving the individual's welfare and access to required services.
• If the caseworker deems the individual at low (or no) risk, the case may be closed with no further action taken.

Mandated reporters, or those with a legal duty to report suspected neglect or abuse, should report their concerns to the Protective Services Hotline as per the mandatory reporting instructions.

Protective services can only intervene in self-neglect cases if there's evidence of:

• There's imminent danger to the person's health and welfare;
• It's in the person's best interests to act and
• The individual is incapable of caring for themselves, or they are unable to do so.

Your LLF Law Firm attorney can help you present the most compelling case to OAPS to ensure your loved one gets the help they need as quickly and effectively as possible.

What if I Am Accused of Elder Abuse or Elder Neglect?

It's an unfortunate reality that caregivers and other individuals close to a vulnerable senior could face neglect or abuse allegations, even when it's the elderly person themselves who is neglecting their own welfare. There are two reasons for this:

• Caregivers may be suspected of neglect simply due to the role they have in the person's life, i.e., due to the close contact, there could be a presumption that the caregiver is neglecting or abusing the elderly person.
• If a caregiver spots the signs of self-neglect and fails to act, this could be considered elder neglect––even if the elderly individual still has the capacity and chooses to neglect themselves.

As we can see, elder self-neglect is incredibly nuanced. Caregivers must walk a fine line between providing for an elderly person's needs and being accused of neglect or abuse. There's even a risk the caregiver—or anyone else close to the elderly person––could be accused of harassing the elderly person simply because they're trying to get the individual the help they need. The consequences of such accusations can be:

• Losing precious family relationships
• Civil restraining orders (PFA orders) preventing the caregiver from having contact with the elderly person
• Loss of professional licensure if the caregiver is a professional, e.g., an attorney, or if they're a mandated reporter who fails to report suspected neglect, e.g., a social worker or doctor.
• Abuse or neglect accusations can, in the worst cases, lead to criminal investigations, charges, and even a criminal record.

Should you face accusations of elder neglect, or if you're facing a PFA order due to alleged neglect or abuse, it's crucial to remember that you do have options for defending your case. This could mean, for example, proving a lack of intent to cause harm or showing you had the elder's consent to take certain actions (and that the elder had the capacity to grant this consent). Strategies for defending abuse or neglect allegations include:

• Witness testimony
• Medical evidence
• Financial records (if you face accusations involving financial abuse)
• Evidence of the elder's mental capacity

If you're facing a restraining order for alleged elder abuse or neglect, you may also seek to show that the older person neglected themselves and that you took reasonable steps to communicate with them or visit them to help them access the services they need to support them mentally or physically. Presenting a compelling case could help to dispel concerns that you were harassing or otherwise deliberately placing the older person in a state of distress.

The best way to challenge PFA orders in PA or to ensure that an elderly person gets the support they require is by seeking legal advice. Contact the LLF Law Firm Family Law Team to retain our experienced attorneys today.

Let an Experienced Pennsylvania Elder Neglect Lawyer Help Today

Our elderly population is precious. It's vital that we do everything possible to protect them. So, if you're concerned about an elderly person's ability to care for themselves, then it's crucial you take steps to protect them from harm. Not only does this protect the individual, but it also reduces the risk of caregivers facing false accusations of elder neglect or abuse in the community.

No matter what elder abuse or elder neglect concern you have, the LLF Law Firm can help. Our experienced attorneys can help you navigate any legal procedures involved, whether this is seeking a PFA order, challenging a PFA order, or implementing other protective measures for an elderly person. And if you are professional facing challenges to your credentials over alleged elder neglect or abuse, we are standing by waiting to help you defend your license. To retain our services, contact the LLF Law Firm Family Law Team online or by phone at 888.535.3686.