Elder abuse is a heartbreaking situation that no family member or loved one hopes to confront. It brings pain, confusion, and frustration when you suspect someone you care about is being harmed. It's a problem more common than you might think. In the Commonwealth of Pennsylvania alone, a dramatic spike in reports of elder abuse fatalities since the days of the pandemic has gotten the attention of state lawmakers.
For many, discovering such abuse leads to a daunting question—what do you do next? How do you report elder abuse, and just as importantly, how do you get those affected out of harm's way? At the LLF Law Firm, we understand the deep emotional toll of this situation and the urgency to protect vulnerable elders. Our Family Law Team has extensive experience in coordinating efforts to invoke state protections against abused elders and disabled adults, including obtaining Protection from Abuse (PFA) Orders and more. To schedule a consultation, call the LLF Law Firm today at 888-535-3686 or fill out our online form.
Reporting suspected abuse is a crucial first step in ensuring the safety of vulnerable elders, stopping the mistreatment, and seeking justice. Here's how you can take action to report elder abuse in Pennsylvania.
Understanding Elder Abuse and Why You Must Report
Under PA law, elder abuse is defined as the abuse of "older adults" categorized as age 60 or older. Elder abuse can take many forms, including the following:
- Physical Abuse: Inflicting physical harm such as hitting, slapping, or restraining a care-dependent elder, resulting in pain, injury, or disability.
- Emotional Abuse: Actions or verbal assaults that cause psychological pain, such as intimidation, threats, humiliation, or isolating the elder from social interactions.
- Sexual Abuse: Any non-consensual sexual contact, harassment, or act, including rape, assault, or inappropriate touching.
- Financial Exploitation: Illegally or improperly using an elder's money, property, or assets, such as unauthorized withdrawals, coercing changes to a will, or theft.
- Neglect: Failing to provide necessary care or services, such as food, clothing, medical attention, or safe living conditions, leading to harm or risk of harm to the elder's well-being.
- Abandonment: Deserting an elder by a caregiver or responsible party, leaving them without adequate support or care.
- Unreasonable Confinement: Restricting an elder within a space against regulatory guidelines or their consent.
- Willful Deprivation: Denying access to necessary goods or services required for the elder's mental or physical health, such as medication or mobility aids.
While elder abuse is a criminal act that can result in charges, fines, and jail time, you don't have to wait for prosecutors to file charges to obtain protection for a loved one in danger--nor do you have to prove conclusively that elder abuse occurred (or is occurring). For the families and loved ones of elder adults in Pennsylvania, the mere suspicion of abuse is enough reason to act. The law is on your side, and swift reporting is essential for both the prevention of further harm and holding the responsible parties accountable.
Your report can trigger an investigation and connect your loved one to protective services, offering them the care and support they desperately need. It also opens the door for the implementation of a PFA, if necessary, to shield your elder family member from future exploitations or harm.
Applicable State Laws Protecting Vulnerable Adults
Pennsylvania has enacted strict laws to protect both older adults and younger care-dependent individuals with disabilities. Familiarizing yourself with these legal protections can help you understand the resources and support available.
The Older Adults Protective Services Act (OAPSA)
This legislation specifically protects individuals aged 60 and older who may face abuse, neglect, or exploitation. It provides for protective services to safeguard their health and welfare while also establishing mandatory reporting requirements for certain individuals and professionals.
Under OAPSA:
- Abuse includes physical harm, emotional intimidation, sexual assault, financial abuse, and neglect.
- Caregivers, professionals, and others identified as mandatory reporters must act immediately if they suspect abuse.
- Facilities like nursing homes, personal care facilities, and home care agencies are required to report suspected abuse and cooperate with investigations.
The OAPSA also affords the following key provisions:
- Guarantees access to protective services for older adults at risk or suffering abuse or neglect.
- Includes provisions for investigative measures, emergency interventions, and follow-up care.
- Protects the confidentiality of reporters and ensures that no retaliatory actions are taken against them.
- Provides immunity for whistleblowers or individuals who report in good faith, shielding them from both civil and criminal liabilities.
- Allows for court-ordered emergency protective services when an older adult is at imminent risk of serious injury or harm.
The Adult Protective Services Act (APSA)
Older adults are not the only vulnerable people subject to abuse; adults who are physically and/or mentally disabled may also suffer the same types of abuse. Thus, the Adult Protective Services Act (APSA) offers similar protections to adults aged 18 to 59 with physical or cognitive disabilities as those afforded to elders by the OAPSA. This law ensures that care-dependent individuals have access to protective services to address abuse, neglect, abandonment, or exploitation.
Key highlights include:
- The establishment of a statewide system for reporting and investigating cases of neglect or exploitation.
- Special confidentiality protections for records and reports related to the abuse.
Both acts empower Pennsylvania families to take actionable steps to protect their loved ones and ensure they receive proper care.
Reporting Suspected Elder Abuse
Knowing how and when to report suspected elder abuse can make a life-saving difference. Pennsylvania law allows for both mandatory and voluntary reporting, depending on who becomes aware of the abuse.
Mandatory vs. Voluntary Reporting
Certain individuals are considered mandatory reporters, meaning they are legally required to report suspected abuse. This includes:
- Employees and administrators at care facilities (e.g., nursing homes, home health agencies).
- Healthcare professionals, such as doctors, nurses, and therapists.
- Social workers and counselors.
- Law enforcement personnel.
Under Act 13 of 1997, the OAPSA was amended to include specific mandatory reporting requirements for employees and administrators of elder care facilities who reasonably suspect elder abuse within their facility. Failure to report can result in legal penalties. These stipulations include the following:
- They must make an immediate oral report to their local Area Agency on Aging (AAA).
- The oral report must be followed by a written report within 48 hours.
- If sexual abuse is suspected or if serious bodily injury results, they must also report to the Pennsylvania Department of Aging and local law enforcement.
If you're not in one of these professions, you still have the right to voluntarily report suspected abuse. Family members, neighbors, friends, or anyone else with reasonable cause should reach out to offer protection and support. The law provides immunity for those who report in good faith, protecting them from civil or criminal liability.
How and When to Report
If you suspect elder abuse, call the Pennsylvania Elder Abuse Hotline at 1-800-490-8505. Available 24/7, this hotline connects you to local protective services agencies, which will begin investigating the report.
When making a report, try to provide as much detail as possible, including:
- The name, age, and address of the victim.
- Details about the suspected abuse or neglect (e.g., what happened, when it occurred, and where).
- Names or descriptions of any potential abusers.
- Any actions are already taken to protect the older adult.
Reports can be made anonymously, but including your name may allow investigators to follow up for clarification or additional information.
Are There Protective Orders Available for Elder Abuse?
Yes. Pennsylvania courts allow loved ones to petition for a Protection from Abuse Order (PFA) on behalf of an elder adult who is being mistreated. A PFA is a legal safeguard that can be obtained even if no criminal charges have been filed yet.
A PFA can:
- Prevent the alleged abuser from contacting or coming near the victim.
- Restrict the abuser from entering shared property or the victim's residence.
- Order the abuser to cease any financial exploitation or return stolen assets.
Seeking a PFA is more than a legal action—it's a commitment to protect the safety and well-being of vulnerable adults in your care.
What Happens When a PFA Is Filed?
Filing a PFA begins with submitting a petition to the court detailing the circumstances of suspected abuse. Here's what happens next:
- Emergency Protection – If the elder is in immediate danger, a temporary PFA can be issued by the court and take effect quickly.
- Final PFA Hearing – Within ten days of filing, a final PFA court hearing is scheduled, during which the petitioner and alleged abuser can present their case. The elder adult may have the option to testify or appoint a representative.
- Final Order – If the court determines that abuse has occurred, a final PFA can be issued, which may remain in effect for up to three years. The terms of the order vary, depending on the situation.
Legal proceedings can be overwhelming, especially for elder adults. Having an experienced family law attorney by your side can make all the difference during this critical process.
Evidence That May Help in Procuring a PFA for an Elder Loved One
The burden of proof for obtaining a PFA is lower than that for obtaining a criminal conviction (since a PFA is a civil action, not a criminal one). Even so, the more evidence that can be presented to the Family Court, the better your chances of getting a PFA issued quickly to protect your loved one from imminent harm. Some examples of evidence that may be used for this purpose:
Photographs of Injuries or Living Conditions: This may include clear images showing physical injuries such as bruises, cuts, burns, or signs of neglect (e.g., bedsores), unsanitary living environments, etc.
Medical Records or Evaluations: Documentation from doctors or healthcare providers detailing physical injuries or illnesses caused by neglect or abuse.
Witness Testimonies: Statements from neighbors, family members, caregivers, and friends who witnessed signs of abuse, neglect, or harmful behavior, as well as testimonies from facility staff who may have reported suspicious behaviors or conditions.
Law Enforcement or Protective Services Reports: Incident reports or documentation from police or protective services visits detailing the abuse or neglect.
Financial Records or Evidence of Exploitation: This may include bank statements, evidence of forged documents, or transaction histories showing unauthorized withdrawals, transfers, or purchases.
Care Facility Records: Logs or reports from caregivers or facility administrators outlining incidents of neglect, unauthorized restraints, or questionable care practices.
Communications or Threats: Voicemails, emails, or written threats from the alleged abuser that indicate intimidation or coercion, as well as recordings of verbal abuse or explosive confrontations.
Expert Witness Evaluations: Findings from medical examiners, forensic accountants, or elder care specialists who can analyze patterns of abuse or exploitation.
Behavioral Evidence from the Elder: Changes in the elder's demeanor or behavior, such as signs of extreme fear, withdrawal, or anxiety.
Why You Need a Family Law Attorney for Elder Protection
When it comes to safeguarding elder adults from abuse, families need compassionate yet strategic legal guidance. Navigating Pennsylvania's elder protection laws and advocacy systems can be complex, and mistakes can delay justice or create additional hurdles.
The Family Law Team at the LLF Law Firm has a proven track record of helping families like yours protect elder loved ones from harm. Here's how we can help:
- Assist with filing abuse reports and ensuring mandatory reporting requirements are met.
- Gather evidence of abuse to seek a Protection from Abuse Order.
- Represent families in court when seeking a PFA.
- Advocate for the elder's rights during investigations or disputes with caregivers or facilities.
- Pursue civil remedies against abusers to recover stolen assets or secure damages.
We offer personalized, diligent, and empathetic representation tailored to your specific needs. No matter how complex the situation, you don't have to face it alone.
Take the First Step to Protect Your Loved One
If you suspect elder abuse, don't wait—your action today can prevent further harm and provide your loved one with the care, safety, and respect they deserve. At the LLF Law Firm, we stand ready to guide you through every step of this difficult process with legal skill and compassion. Contact us today to schedule a consultation with our Family Law Team. Call the LLF Law Firm at 888-535-3686 or use our online form.