• Nursing Home Abuse: It’s not a “One Size Fits All” Legal Solution

    Nursing home abuse and other forms of elder abuse are all too real in American communities. Thousands of seniors are threatened in various ways by dishonest individuals who seek to steal from them, harm them or dominate them through an exercise of power.

    But one thing that is important to understand is that elder abuse does not appear in just one form. Families who rely on experienced injury lawyers look to them to determine the relevant facts in a case and present the scope and consequences of the abuse in court.

    Types of Nursing Home Abuse and Elder Abuse

    In general, there are several main categories of nursing home abuse. Attorneys need to determine whether one or more of these apply to a case:

    • Financial abuse
    • Physical abuse
    • Sexual abuse
    • Emotional abuse

    Of these four, the last one is often difficult to describe and present because of the ambiguity of personal interactions and the inability of courts to really understand what goes on in a nursing home day-to-day. However, lawyers who are used to dealing with these cases know how to do the research that supports a nursing home abuse case and documents the types of unfortunate harm that happens to elderly family members.

    Different Approaches

    Nursing home abuse can also happen in various ways.

    For instance, there is financial abuse, whereby an individual can make a concerted effort to find out more information about a senior’s finances. That person may restrict their activities to direct or indirect questioning or try to make emotional appeals to gain control of the elderly person’s money. Alternatively, he or she may actually start to manipulate paperwork, try to gain Power of Attorney and otherwise embark on a path toward identity theft or outright stealing.

    Power of Attorney privileges are a big issue in financial elder abuse. Attorneys have to look at the chain of evidence and the scenario that plays out in order to figure out what the abuser is doing and how he or she intends to use a senior’s financial information.

    Sometimes, a Power of Attorney situation is benign — in other words, the senior truly needs assistance with the details of doing financial paperwork, and an honest individual or family member is willing to help. But the fine line between assistance and financial abuse is thin, and this is one of the things that lawyers who represent families in elder abuse cases really need to research.

    For more on building a particular nursing home abuse case, contact the personal injury lawyers at Jarve Kaplan Granato Starr, LLC. We know how to handle these types of cases according to federal and state law, and how to keep clients informed about their legal options. Let us help you access your rights under the law and protect your family.

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