It can be heartbreaking to watch a loved one grow older and more frail. But it's devastating to see them fall prey to elder abuse, particularly by those close to them or in a position of trust. Elder abuse can take a variety of forms: physical, sexual, emotional, financial, and neglect. The National Council on Aging reports that an estimated 1 out of 10 Americans over age 60 have experienced elder abuse but notes that this figure is greatly underestimated.

Pennsylvania takes its responsibility towards its older population very seriously. The state's Department of Aging is responsible for the Older Adult Protective Services (OAPS), which intervenes in situations where Pennsylvania citizens over age 60 face abuse, neglect, exploitation, or abandonment. Upon receiving a report that an elder is being mistreated, OAPS will investigate the allegations. If the allegations are substantiated, OAPS will ensure that the mistreatment ends and the victim is made safe.

If you suspect that an elderly loved one is being victimized by abuse and is in danger, contact Pennsylvania's Adult Protective Services or the police. Then call the Family Law Team of LLF Law Firm. Not only can we help ensure that your loved one is protected from further harm with a Protection from Abuse order, but we can also help hold the perpetrators accountable and seek compensation for the losses and suffering your elder has experienced. Call the LLF Law Firm today at 888-535-3686 or contact us online.

What Happens When Elder Abuse is Reported to OAPS?

When someone suspects an older adult may need protective services, they can report their concerns to the appropriate OAPS agency. Under Pennsylvania law, the intake caseworker will document the report and categorize it into one of four groups: emergency, priority, non-priority, or no need for protective services.

• Emergency reports. Reports marked “emergency” are those where the protective services caseworker makes every effort to have a face-to-face visit with the older adult as soon as possible or within 24 hours after the report is received to ensure their safety.
• Priority reports. In this case,the investigation is only officially initiated once the protective services caseworker contacts the adult to assess the situation. The contact should occur within 24 hours.
• Non-priority report. If the intake worker finds no immediate risk to the adult, the investigation shall be initiated within 72 hours of receiving the report. The protective services caseworker will have a face-to-face visit with the older adult as they gather facts about the situation at least once throughout the investigation.
• No need to report. In this case, the intake caseworker has determined that the adult can either meet their own needs or is not at imminent risk. The protective services caseworker will then review the report to either reclassify the categorization or confirm the “no need” status and refer it to an agency that can provide appropriate supportive services.

What Happens During an OAPS Investigation?

If an investigation is necessary, an OAPS caseworker will visit the alleged victim's home or care facility and interview the older adult, witnesses, staff members, and caregivers or family members as appropriate. The caseworker must make all reasonable effort to write a report of their findings within 20 days of receipt of the initial report, including any statements or photos.

If the caseworker's findings confirm abuse, neglect, or exploitation, OAPS will create a care plan for the individual's safety. The investigation ends once they've reduced the older person's risk of harm.

An Experienced Pennsylvania Elder Abuse Lawyer Can Help

Calling OAPS is just the first step in an elder abuse case. If you or a loved one has been abused, neglected, or otherwise mistreated, you need the skilled Family Law Team of the LLF Law Firm. We have helped many families and elders get this needed protection and support. Contact us without delay at 888.535.3686 or reach out online. We're ready to help you get the assistance you need and the justice you deserve.