Key Takeaways
- Elderly abuse in Tennessee can include physical, emotional, financial, or neglect.
- Suspected abuse should be reported immediately to Adult Protective Services (APS) or law enforcement.
- After a report, an investigation is launched to determine safety and next steps.
- Legal protections are available for victims and their families.
- Elder Law of Nashville can help protect your loved one’s rights and guide you through the process.
“The true character of a society can be measured by how it treats its older adults.”
—Mahatma Gandhi
Based on the above quote, the character of Tennessee’s society may be sullied, given that about one in 10 adults age 60 and over experiences some form of elder abuse annually. Whether such abuse involves neglect, physical violence, mental anguish, financial theft, or sexual contact, elder abuse causes immeasurable harm to our seniors. Without action, even more Tennessee seniors will inevitably fall prey to this insidious abuse, as demographers project that our elderly population will double by 2030.
“Elder abuse in Tennessee is a travesty that requires a proactive response from all elements of society,” says elder law attorney Barbara Moss, founder of Elder Law of Nashville, PLC. “Individually, each of us can contribute to this response by immediately reporting any signs of elder abuse to Tennessee’s Adult Protective Services (APS), or to the police or other emergency services if the senior has been injured or faces imminent harm.”
With decades of providing Tennessee families with compassionate legal guidance, Elder Law of Nashville can help your family protect their elderly loved ones from abuse and navigate any legal complexities that may arise in cases of elder abuse. Read on to learn more about how you can help protect our beloved seniors by reporting suspected elderly abuse in Tennessee.
What Is Considered Elderly Abuse in Tennessee?
APS characterizes elderly abuse in Tennessee as actions or lack of actions that cause physical harm, emotional distress, or take advantage of seniors over the age of 60. APS is also mandated by Tennessee law to investigate such abuse affecting any “vulnerable” adult over 18 who may be at risk due to physical or cognitive impairment. Cases of elderly abuse frequently go unreported due to the following reasons:
- Dependence on the abuser, which may make the senior hesitate to report abuse.
- Fear of retaliation from the abuser if they report it.
- Being physically unable to inform loved ones or others about the abuse.
- Not understanding the mistreatment due to confusion or dementia.
- Not recognizing their abuser’s behavior as abusive.
- Being too embarrassed by their victimization to report it to loved ones or others.
- Lacking trust in authorities, leading to an unwillingness to report abuse.
- Isolation, which limits a senior’s opportunities to report abuse.
- Unintentional neglect or abandonment due to caretaker distractions or inability.
Anyone with proximity to a senior is capable of committing elder abuse. Elderly abuse in Tennessee is most often committed by:
- Caregivers.
- Family members.
- “Friends, neighbors, and acquaintances.
- Co-residents in nursing homes and assisted living facilities.
- Con artists who commit financial fraud in person or via telephone.
Elder Abuse Warning Signs Families Should Watch For
While a senior may struggle to inform their loved ones or others about abuse they may be experiencing, family members should keep attuned to signs indicating potential abuse. Such signs can range from a simple feeling that something “just doesn’t feel right” to the more complicated issue of a family member or caregiver who seems to be overly controlling. Some distinct signs of abuse include:
- Physical—unexplained or repeated injuries, or ones inconsistent with the explanation of how they occurred.
- Psychological—characterized by a senior who becomes unaccountably withdrawn, depressed, anxious, or unusually quiet; displaying abrupt mood changes or reluctance to see certain people or interact socially.
- Neglect—unexplained weight loss, worsening health without cause, poor hygiene, unsafe living conditions, missed doctor’s appointments, unfilled prescriptions, or anything suggestive of a caregiver’s neglect.
- Sexual—bruising, pain, or injuries to the genital area; blood, stains, or tearing of undergarments; noticeable fear or discomfort when around a specific person.
- Financial—missing money or possessions, abrupt or unusual changes in financial documents, failing to pay bills.
Who Is Required to Report Elder Abuse in Tennessee?
Tennessee’s Adult Protection Act mandates that certain professionals and individuals must report suspected elderly abuse to APS or local law enforcement immediately or within 24 hours, depending on the circumstances. Even if you’re not legally required to report such abuse, we strongly encourage anyone who suspects a senior is suffering elder abuse to report it. Those legally required to report elderly abuse in Tennessee include:
- Caregivers.
- Social workers.
- Mental health professionals.
- Law enforcement officers.
- Nursing home and assisted living facility staff.
- Clergy members (excepting information privileged by confession).
- Any professional—such as a financial advisor—who has reasonable grounds to believe a senior is suffering abuse.
Failing to report suspected elderly abuse in Tennessee is a Class A misdemeanor, which carries a maximum penalty of 12 months in jail and a $2,500 fine upon conviction.
How to Report Elderly Abuse in Tennessee
If you uncover suspected elderly abuse against your loved one, and they are injured, traumatized, or in imminent danger of further harm, contact 911. Otherwise, file a report with APS by calling 1-888-APS-TENN (1-888-277-8366) or by filling out the service’s online reporting form.
What Happens After You File an APS Report?
An APS response to reports of suspected elderly abuse varies depending on the type and severity of the alleged abuse. The response begins with screening to determine whether the allegations meet the criteria for abuse, neglect, or exploitation. If APS determines that the victim may be in immediate danger, it may coordinate emergency intervention via law enforcement, court orders, or social services, as warranted. Otherwise, APS assigns a caseworker to investigate the allegations, typically within 24-72 hours, depending on the urgency. Depending on the allegations, the caseworker will:
- Visit the alleged victim’s residence to assess their safety, health, and living conditions.
- Evaluate the victim’s physical, mental, and emotional state.
- Interview the victim, witnesses, alleged abuser, or others who may provide valuable insights.
- Review any relevant medical, financial, or other records.
If the caseworker determines that evidence supports the allegations of elderly abuse, APS develops a safety plan to ensure that the victim will not be subjected to further abuse. This plan may necessitate the senior’s relocation, medical care, counseling, and involve other support services. If the caseworker determines that the abuse was criminal, APS refers their findings to local law enforcement for potential prosecution. Depending on whether APS believes it has stopped the abuse and that the senior is safe, it will close the case, continue monitoring the senior’s well-being, or connect them to other long-term services.
Legal Protections and Next Steps for Families
Families can assist APS in ensuring the future safety and protection from abuse of their loved ones with distinct legal actions. A skilled elder law attorney, like those at Elder Law of Nashville, can:
- Help families secure protective orders against suspected abusers.
- Establish guardianships, conservatorships, trusts, power of attorney, and other legal tools to ensure the well-being and safety of seniors.
- Encourage police and prosecutors to investigate and prosecute suspected abusers diligently.
- Represent the seniors’ interests in securing justice against abusers at trial.
- Pursue legal action to recover assets stolen via financial elder abuse.
- Seek compensation through civil damages from abusers.
- Revise a will or trust to exclude a family member responsible for abuse.
- Help coordinate the seniors’ long-term care needs to prevent future abuse.
Suspect Elder Abuse? Turn to Elder Law of Nashville
If you suspect that a caregiver, family member, or other person who interacts with your elderly loved one may be abusing them, immediately report the abuse to APS or the police as appropriate. Elder abuse can be highly traumatic for the victim and their close family members. A compassionate ally who can help resolve the abuse and ensure the future well-being and safety of the senior can be instrumental in mitigating the trauma and smoothly navigating a positive path forward.
To learn more about how Elder Law of Nashville can help your family surmount the negative impacts of elderly abuse and secure optimal senior protection from abuse, schedule a confidential consultation today with our team. We are passionate about providing the best in legal services and emotional support to seniors and their families across Nashville, Franklin, and Middle Tennessee.
FAQ’s: Elderly Abuse in Tennessee
Q: What number do I call to report elderly abuse in Tennessee?
A: You can call Adult Protective Services at 1-888-APS-TENN (1-888-277-8366) or dial 911 if the situation is an emergency.
Q: Who investigates reports of elderly abuse in Tennessee?
A: Adult Protective Services (APS) investigates abuse, neglect, or exploitation, often working alongside law enforcement.
Q: What happens if the abuse is confirmed?
A: Protective measures may be taken, such as removing the victim from danger, assigning a guardian or conservator, or pressing criminal charges against the abuser.
Q: Can an attorney help if my loved one has been abused?
A: Yes. An elder law attorney can guide you through legal protections, file for guardianship or protective orders, and help hold abusers accountable.
Q: Is reporting abuse confidential?
A: Yes, reports made to APS are confidential, and the reporter’s identity is protected under Tennessee law.