Protecting older adults from abuse

Your neighbor may have an adult child living with them. You may notice the child is purchasing big items. In visiting with the neighbor, you learn the child doesn’t work and is spending their retirement. They may express fear of the child because of substance abuse.

Neglect, abuse and exploitation of our older citizens is most often perpetrated by adult children (22%) or other family members (31%) who may be protected by the at-risk adult despite mistreatment, according to information from the Montana Department of Health and Human Services Adult Protective Services (APS).

Elder Abuse happens in all communities and socioeconomic backgrounds similar to child abuse yet more difficult for APS to step in and help. APS works to balance the duty to protect vulnerable adults with the adult’s right to self-determination, said Kate Cotnoir, Resource Program Manager with Missoula Aging Services (MAS).

Abuse can be inflicted in a variety of ways, Cotnoir said, either by withholding care or assistance from the adult dependent or the caregiver manipulating them.

Per the APS website, possible indicators of abuse by a caregiver can be isolation, the individual may not be allowed to speak for themselves or see others without the caregiver present, restriction of activities, obvious absence of assistance, aggressive behavior (threats, insults or harassment) by the caregiver toward the elderly person, caregiver has substance abuse issues and inappropriate displays of affection, flirtations, etc. may be indicators of inappropriate sexual relationships between caregiver and alleged victim.

Neglect can be self-inflicted by a person and is different because of self-determination, Cotnoir said. Sometimes the person has means but is not providing for their own basic needs.

Often people call MAS to ask questions about potential abuse, said Cotnoir. A person may be concerned about confidentiality when reporting directly to APS themselves or fear retribution if reporting on their caregiver. MAS is a mandatory reporter by Montana State Law and will report suspected abuses.

In all situations APS can seek a medical professional to conduct a cognitive evaluation to determine capacity.

“It is hard as outsiders to know for sure,” Cotnoir said.

If abuse is determined, APS can develop a plan with the victim to stop the abuse and to address their health and safety needs through services such as medical or mental health treatment, housing assistance, legal assistance, financial assistance, personal care or home delivered meals.

Victims can refuse services unless a qualified professional determines they are unable to make decisions for themselves. In this case APS many need to petition the legal system to appoint a guardian or conservator or seek a court order for involuntary protective services, noted from the APS website. An investigator must exhaust all other measures before seeking involuntary protective services.

“They have the right to make their own decisions, even if those decisions seem like they’re not good decisions,” Cotnoir said. “The question becomes, is the person unable to care for themselves [or] do they have capacity and are choosing to live the way they want? That’s a different thing but it’s also something that needs to be looked at.”

If reporting, understand that APS will first determine if there are emergency needs for food, shelter or law enforcement protection. Any sexual abuse cases or other criminal acts are cross-reported to law enforcement at the time of the first report. Then APS will investigate through interviews to determine whether abuse is occurring. If it is not, they offer referrals to other agencies for support/services and then the case is closed, according to information from the APS website.

Reports to Montana APS are through a web-based system http://www.aps.mt.gov or call APS intake at 1-844-277-9300. To talk to a representative with MAS call 406-541-7688. If danger is imminent call 911. Visit the Montana APS website for more details: https://dphhs.mt.gov/sltc/aps.

 

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