Key Takeaways:
- Elder abuse in Tennessee includes physical, emotional, financial, and neglect-related harm.
- Warning signs include mood changes, unexplained injuries, and missing money.
- Tennessee law requires certain professionals to report suspected elder abuse.
- Legal planning tools, such as powers of attorney and a trust, can help protect loved ones.
- If you suspect abuse, report it and seek legal guidance right away.
Elder Abuse Is More Common Than You Think
“In my three-plus decades of working with Tennessee families, few issues break my heart more than elder abuse,” says elder law attorney Barbera Moss, founder of Elder Law of Nashville, PLC. “Sadly, reports of elder abuse in the state have increased over the past decade, a trend that will undoubtedly continue given the rapid aging of Tennessee’s population. There are many forms of elder abuse in Tennessee, and because some seniors suffer abuse from family members or caregivers, single-incident and longer-term ongoing abuse often goes unreported.”
According to the Tennessee District Attorneys General Conference, every year, about one in 10 adults age 60 and older experiences some form of elder abuse, be it physical, psychological, financial, sexual, or neglect. With the population of seniors expected to double in 2030 over 2010 numbers, the number of elder abuse cases will inevitably rise. Indeed, a Comptroller of the Treasury report estimates that financial abuse of Tennessee seniors increased by 52% between 2015 and 2019.
As a long-term advocate for the well-being of Nashville-area seniors, Elder Law of Nashville will use this blog post to highlight what you need to know about elder abuse in Tennessee. Read on to learn about the signs of elder abuse, seniors’ legal rights, your obligation to report such incidents, and how families can protect their loved ones from this pernicious abuse in all its forms.
What Is Elder Abuse?
Elder abuse is characterized as any action or lack of action that causes harm, distress, or takes advantage of an older adult, typically defined as those over age 60. Types of elder abuse include:
- Physical—hurting a senior by physically assaulting them.
- Psychological—yelling, insulting, or otherwise tormenting them in non-physical ways that can make them feel scared, worthless, or otherwise cause emotional trauma.
- Financial—stealing or misusing a senior’s money, property, or possessions, including by use of fraudulent means (telephone scammers, for just one example).
- Neglect—failing to provide basic needs, such as food, shelter, and medical care, whether on purpose or by accident.
- Abandonment—leaving a senior alone without proper care and support.
- Sexual—unwanted sexual contact or behavior.
While most forms of abuse are committed intentionally, neglect or abandonment can occur unintentionally due to a caregiver’s inability. Elder abuse can be committed by anyone with proximity to a senior, including:
- Caregivers.
- Family members.
- “Friends.”
- Other persons residing in the home or an assisted living facility.
- Con artists who initiate financial fraud schemes via the telephone or a friendly knock on the door.
Warning Signs Families Should Never Ignore
Seniors who suffer elder abuse may struggle to tell loved ones or others who may be able to help them about it. In some cases, a senior may not be able to report the abuse due to confusion or disabilities like dementia. In other cases, they might not realize that they are being abused, or are too embarrassed by their victimization to report it. However, families should be aware of warning signs that may indicate that their senior loved one is experiencing abuse. The following signs often accompany specific types of elder abuse:
- Physical Abuse—unexplained injuries, mainly if they occur repeatedly, injuries that seem inconsistent with a reported accident, restraint marks, and expressed hesitation or fear about seeking treatment.
- Psychological/Emotional Abuse—becoming withdrawn, anxious, depressed, or unusually quiet; displaying unusual mood changes or noticeable lack of self-esteem; avoiding social interactions or activities they used to enjoy; and displaying a noticeable aversion to being in the presence of certain people.
- Financial Abuse—unusual financial activity, missing money or belongings, abrupt changes made to financial-related documents, failing to pay bills.
- Neglect—unexplained weight loss, weakness, or other signs that they are not receiving proper hydration and nutrition; untreated or worsening health issues, missed doctor appointments, and unfilled prescriptions; poor hygiene; and unsafe living conditions.
- Abandonment—Being left alone for long periods, especially if in need of daily assistance for specific tasks, and being dropped off at a hospital, nursing home, or other place without plans for their oversight.
- Sexual Abuse—Bruising, infection, or pain around the genital areas; unexplained tears, stains, or blood on the undergarments; noticeable discomfort or fear when in the presence of specific people.
Note that any feelings about “something just not being quite right” are also a warning sign, as are caregivers or family members who seem to be overly controlling, readily dismiss a senior’s complaints, or limit a senior’s ability to be alone with others.
How Tennessee Law Protects Seniors
Tennessee’s Adult Protection Act defines elder abuse as the infliction of physical pain, injury, or mental anguish, or the deprivation of services by a caretaker that are necessary for the health and welfare of an elderly adult or anyone under age 60 deemed vulnerable due to mental or physical impairment. The Tennessee Department of Human Services’ Adult Protective Services investigates reported cases of elder abuse, and state law mandates the reporting of suspected abuse of vulnerable or elderly adults.
What to Do If You Suspect Elder Abuse
If you suspect that a loved one is experiencing any form of elder abuse, you should take immediate steps to confirm your suspicions and identify the alleged abuser. Actions you should take include:
- Secure medical help as warranted.
- Talk to your loved one in private to determine whether they can confirm the abuse and help expose the abuser.
- Document any physical abuse symptoms, psychological changes, warning signs, or other information relating to the suspected abuse.
- Report the suspected abuse to the APS or local authorities.
You should also consider consulting a skilled elder law attorney for legal advice. A compassionate elder law specialist can help guide you through the emotional trauma and legal complexities involved with many elder abuse cases, especially if the suspected abuse involves a family member or professional caregiver.
Preventing Elder Abuse Through Planning
Seniors who pre-plan their journey through their elderly years can help mitigate the potential for elder abuse. Through proper estate planning, trusts, and carefully choosing those with power of attorney or guardianship authority, seniors can help reduce the risk that they may fall prey to elder abuse. These legal tools ensure that trusted family members or other chosen individuals will effectively oversee the senior’s financial well-being and healthcare needs as their capabilities to do so diminish. A senior who empowers a trusted person with power of attorney or guardianship authority and legally outlines their desires for care as they age establishes a first-line defense against possible elder abuse.
Ensure the Best in a Senior’s Years with Elder Law of Nashville
Elder abuse in its many forms is a distinct problem across the U.S. However, aging seniors can protect themselves, and families can protect their loved ones, with careful legal planning and ongoing awareness about elder abuse threats. To guard against elder abuse threats in Tennessee, or if you’re concerned that a loved one may be suffering some form of elder abuse, don’t seek resolution alone; turn to the trusted experts of Elder Law of Nashville, PLC.
To learn more, schedule a confidential consultation with the Elder Law of Nashville team. We serve clients across Nashville, Franklin, and Middle Tennessee with compassion and clarity.
FAQ: Elder Abuse in Tennessee
What qualifies as elder abuse in Tennessee?
Elder abuse includes physical harm, emotional mistreatment, financial exploitation, neglect, and sexual abuse of someone aged 60 or older.
Who do I report elder abuse to in Tennessee?
You can report elder abuse to Tennessee Adult Protective Services (APS) by calling 1-888-277-8366 or filing a report online through the state’s Department of Human Services.
What are the signs of elder financial abuse?
Common signs include unpaid bills, missing funds or valuables, sudden changes in financial accounts, and unusual banking activity.
Is elder abuse a crime in Tennessee?
Yes. Elder abuse is a serious offense and can result in both civil and criminal penalties depending on the severity of the abuse.
Can legal planning prevent elder abuse?
Yes. Legal tools, such as powers of attorney, healthcare directives, and trusts, can help reduce the risk of abuse and ensure that your loved one’s wishes are protected.