NURSING HOME ABUSE AND NEGLECT IN OREGON-

“At some point in your life you will likely have a family

member or loved one living in a nursing home

or other long-term care facility”

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At some point in your life you will likely have a family member or loved one living in a nursing home or other long-term care facility. In fact, you may have been the one to make the difficult decision to place your loved one in the facility. If so, you undoubtedly expect that your loved one will receive the proper medical care and will be treated with compassion and respect. While many nursing homes do provide this level of care to the residents, far too many do not. Nursing home abuse and neglect has become a

serious, and growing problem in the United States. As the number of older Americans continues to increase, incidents of elder abuse and neglect are expected to increase as well. Understanding the problem and knowing what to look for, may prevent your elderly loved one from becoming a victim.

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Issues relating to the elderly have taken center stage in the U.S. in recent years due, in large part, to what has been termed the “Graying of

America”. The elderly population in the U.S. is growing at a historical rate. In 2010, the Census reported just over 40 million people age 65 and older in the U.S., representing 13 percent of the total population. By the year 2050, older Americans are expected to account for 20 percent of the population, outnumbering their younger counterparts (age 21 and

younger) for the first time in history. The fastest growing segment of the population, are those in the 85 and up age bracket. In 2010 there were just under six million people aged 85 and older in America. However, by the year 2050 that figure is expected to triple to over 19 million.

Advances in medical science and technology along with a much improved standard of living account for the dramatically increased life expectancy of Americans. The natural aging process, however, has yet to be conquered by doctors or scientists. Therefore, living longer often means spending years, instead of months, in a nursing home at the end of your life. This in turn has led to an increase in nursing home abuse and neglect in the

United States.

Accurate figures relating to elderly abuse and neglect in the United States are difficult to come by for several reasons. Authorities are scrambling to try and implement reporting and follow-up procedures for allegations of elderly abuse.Once universal standards are established, there remains a considerable disparity among the states with regard to

what

neglect. A victim may be ashamed or embarrassed, preferring to suffer in silence. Much like child victims, elderly victims of abuse and neglect, are frequently in a position of dependency on the abuser, thereby fearing reprisals for reporting the abuse.

Estimates put the prevalence of nursing home abuse at somewhere

between one in ten and neglect between one in three. Patients who have Alzheimer’s disease or another age related dementia disease are victimized at a much higher rate – as high as one in two.

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Sadly, the elderly make excellent victims for predators. Nursing homes and other long-term care facilities also make an excellent setting for abuse to occur because of the relative isolation in which the residents live and the control the staff has over the residents. Abuse of the elderly typically falls into one of the following three categories:

Physical and/or mental abuse –this may be anything from calling a victim derogatory names, to sexual abuse or physical assault. Signs to look for include:

o Bruising that is frequent and/or unexplained, particularly

around the wrists or ankles, which often indicates the victim has been restrained

o Gynecological problems

o Excessive injuries of any kind o Claims that your loved one “fell” o Weight loss

o Change in demeanor – fearful or withdrawn o Depression

Neglect –abuse can be subtle. Often doing nothing is its own form of abuse. Nursing home residents are usually there because they need around the clock care. When that care is lacking, it may rise to

o Worsening of medical problems without proper explanation o Medications not taken

o Unkempt appearance

o Tooth decay or deterioration o Dirty or messy living quarters

o Lack of communication with loved ones

Financial victimization –the reality is that nursing home patients, particularly those suffering from dementia, make almost perfect “marks” for unscrupulous individuals who prey on the elderly.

Whether by force or by cunning, predators can rapidly gain control of a victim’s assets and/or accounts. Signs to look for include:

o Unpaid bills

o Items missing from living quarters

o A new “friend” or “advisor” in your loved one’s life who remains

aloof

Tampering with a loved one’s computer, check book, or account books

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The first step in protecting you loved one from elder abuse and neglect is to recognize the potential for victimization. Acknowledging the extent and severity of the problem is critical. In addition, the following tips may help:

Research facilities before making a decision

Ask to see all pertinent permit, licenses, and recent inspection reports when considering a facility

Show up unannounced to visit the facility

Ask what the process is for reporting and following up on allegations of abuse and/or neglect.

Try and talk to other residents

Talk to your loved one. Explain your concerns and emphasize that you will always be available to talk to, should abuse or neglect occur. Monitor the situation and take legal action if necessary. Filing for guardianship may be required.

One of the most frustrating things for the loved one of an elderly abuse victim is the lack of legal standing to do anything about the situation. To ensure that you do not find yourself with your “hands tied”, talk to your Oregon Elder Law Attorney about petitioning for guardianship should you believe it is necessary. As your loved one’s guardian you may have the authority to make decisions and pursue issues on your loved one’s behalf, making it easier for you to step in and protect your loved one.

National Center of Elder Abuse, Resources

National Center on Elder Abuse, Statistics/Data

Oregon Laws.Org, Elderly Persons and Persons with Disabilities Abuse Prevention Act

About the Author

Richard B. Schneider

Before devoting his professional efforts primarily to estate planning, Mr. Schneider spent over fifteen years working on Wall Street for major law firms and investment banks. After graduating from law school, he practiced general civil law in New York City for five years, specializing in business transactions, financings and corporate matters. He also represented major investment banking firms in mortgage trading and real estate-related matters. Among his clients were international shipping companies, commercial and investment banks and institutional lenders, including

General Electric Capital Corporation, Salomon Brothers and Merrill Lynch.

For the next ten years Mr. Schneider served as Senior Vice President at the investment banking firm of Kidder, Peabody, where he managed outside legal counsel for a variety of large financial transactions between major institutions. He played a central role in the creation of Kidder, Peabody’s mortgage trading subsidiary and advised and executed transactions with insurance companies, pension funds and government agencies, including the Resolution Trust Company.

In 1996 Mr. Schneider established a residence in Portland, Oregon and began his law practice there in 1997. He has made a long-term commitment to providing first-class estate planning legal services to families and individuals within the Portland

metropolitan area and the surrounding SW Washington region. His motivations for moving to the Northwest were several: the natural scenic beauty of the Northwest landscape, the clean air and streets, the healthy, diversified economy and the overall high quality of life. Mr. Schneider is very grateful for the warm reception he has received from Portland/Vancouver and is pleased to have become a respected member of the Portland/Vancouver legal and business community.

Mr. Schneider is a member of the American Academy of Estate Planning Attorneys, the National Academy of Elder Law Attorneys, the Estate Planning Council of Portland and is on the board of directors of the the Rental Housing Association of Greater Portland. He is admitted to practice in Oregon, Washington and New York.

Law Offices of Richard B Schneider, LLC

www.rbsllc.com

2455 NW Marshall St, Suite 11 Portland, OR 97210 Phone: (503) 241-1215