“If You See Something, Say Something” – Immediate Steps to Take If You Suspect Elder Abuse or Neglect

By: Dana Walsh Sivak

NOTE: This article is Part 3 of our Elder Abuse Awareness series published in recognition of Elder Abuse Awareness Day.  Visit our blog to read our other articles in this important series.

When you have reason to believe that an elderly person may be suffering from abuse or neglect, especially at the hands of a caregiver or family member, it’s important to act quickly in order to seek help for them without delay.  Considering that elder abuse can remain hidden for extended periods of time, compounding and extending the duration of abuse, one cannot assume that someone else may see the signs of elder abuse or neglect and act; it’s up to each of us to step up and make sure that something is done to stop abusive or neglectful treatment from continuing.   

What Steps Should You Take if You Suspect Elder Abuse or Neglect?

First, if you believe an older adult is in immediate danger, call 911 right away.  It’s important to remember not to put yourself in a dangerous situation where you, yourself, may be hurt, and do not attempt to confront a person who is violent – instead, seek the immediate intervention of law enforcement authorities, so that trained professionals can assess the situation, and determine whether there is a serious or imminent threat to the older person’s safety.  If necessary, they can take the person to a safe location, and potentially bring charges against their abuser.  Even if the police respond and do not believe there is an active threat against the older person, they can still potentially document evidence that may later support criminal charges or a protective order. 

If you are not sure whether something truly rises to the level of needing the attention of the police, use your best judgment – keeping in mind that it’s always better to be safe than sorry! At a minimum, if you are concerned, you can call the non-emergency line of your local police department and request that a “welfare check” be performed to verify that the person is safe.  Law enforcement authorities will visit the person to confirm that the individual is not in danger, and can take action if needed to protect them from harm (such as bringing the person to the hospital).

For situations that are serious, but not an emergency, your next call should be to Adult Protective Services (APS) in the county where the older person lives. APS is required to investigate reports of suspected abuse, neglect, or exploitation of vulnerable adults, and reports can be made confidentially.

While the investigation gets underway, you should document what you have observed. Keep a written log of incidents with dates, times, and specific details; take photographs of visible injuries or unsafe conditions, if you can do so safely; and preserve financial records, bank statements, checks, and any suspicious correspondence.

Whenever possible, work to reduce the older person's isolation – this can help mitigate the person’s risk of abuse and help them to emotionally recover from it, if it’s already occurred. Arrange more frequent visits, coordinate with trusted family members, and consider whether the older adult should temporarily stay with a relative, move to a safer setting, or receive additional in-home services.  There are temporary shelters, such as The Harry and Jeannette Weinberg Center for Elder Justice at the Hebrew Home at Riverdale, specifically established to provide a safe place for victims of elder abuse to seek refuge and receive the care and support they need.  If the older adult is willing to talk, listen, without judgment, and reassure them that the abuse is not their fault. Many victims stay silent out of shame, fear of retaliation, or worry about losing the only caregiver they have.  Remind them that there are resources out there that can help, and that they do not need to stay in an unsafe situation.

If the suspected abuser holds a Power of Attorney, is named on bank accounts, or controls medical decisions, contact an elder law attorney promptly – as these advance directives provide legal authority to make decisions which can harm the older adult if abused, and may need to be revoked or challenged in court before further harm occurs.  An elder law attorney can help you raise these concerns with the appropriate authorities or the court, and can speak with you about legal options, like guardianship, and determine if this might be helpful in addressing the elder abuse concerns that you have.  You can also contact the person’s bank, directly, and advise the fraud department if you have reason to believe that someone is acting improperly with respect to the individual’s financial accounts; bank employees typically undergo training in how to respond in cases of potential elder abuse, and can engage in their own investigatory process and escalate concerns to the appropriate authorities, if warranted, as well.

How to Report Elder Abuse or Neglect in New York

New York offers several reporting channels for raising  potential elder abuse or neglect concerns, depending on where the older adult lives, and the type of abuse or neglect suspected:

• New York State Adult Protective Services (APS) Central Intake: (844) 697-3505, This line is available 24 hours a day, 7 days a week, for reports of abuse, neglect, or exploitation of vulnerable adults living in the community.
• Local County APS Office: Each county in New York operates its own APS office; reports can typically be made directly during regular business hours.
• New York State Long Term Care Ombudsman Program: For residents of nursing homes, assisted living, and other long term care facilities; the Ombudsman investigates complaints and advocates on behalf of residents.
• New York State Justice Center for the Protection of People with Special Needs: (855) 373-2122, for abuse or neglect in certain state-licensed facilities and programs.
• Local Law Enforcement or 911: For any situation involving immediate danger, physical violence, or a crime in progress.
• New York State Department of Health: For complaints about care provided in licensed nursing homes, home health agencies, and hospitals.
• Eldercare Locator: Call the Eldercare Locator at (800) 677-1116, Monday through Friday, 9:00 a.m. to 8:00 p.m. EST, for help connecting with local resources for reporting abuse and obtaining services for an older adult.
• Adult Protective Services Hotline for Financial Exploitation: Reporting suspected abuse involving stolen funds, fraud, or scams can also be directed to the New York State Attorney General's office and the Consumer Financial Protection Bureau.

You do not need proof to make a report. If you reasonably suspect abuse, neglect, or exploitation is being perpetrated against an older adult, it is important to report it – trained investigators can take it from there, and if your suspicions turn out to be correct, you’ll be thankful you made the call or initiated the report.

NOTE: This Elder Abuse Awareness series is published in honor of World Elder Abuse Awareness Day, recognized on June 15th each year to raise awareness about the abuse, neglect, and financial exploitation of older adults.  If you suspect that a loved one is being abused, neglected, or exploited, do not wait for the situation to escalate.   The Elder Law Practice Group at Falcon Rappaport & Berkman helps families across New York protect older adults, hold wrongdoers accountable, and put long-term safeguards in place. Contact us today to schedule a confidential consultation and take the first step toward protecting the older adult you love.  Please visit our blog to read the other articles in this series:

PART 1: Why Older Adults are Vulnerable to Abuse – and Why it Often Goes Undetected

PART 2: What are the “Warning Signs” of Elder Abuse?

PART 3: “If You See Something, Say Something” – Immediate Steps to Take If You Suspect Elder Abuse or Neglect

PART 4: Understanding Legal Options and Protections Available for Victims of Elder Abuse  

PART 5: How an Elder Law Attorney Can Help Protect Victims of Elder Abuse or Neglect (And Why We Do This Work)

DISCLAIMER: This summary is not legal advice and does not create any attorney-client relationship. This summary does not provide a definitive legal opinion for any factual situation. Before the firm can provide legal advice or opinion to any person or entity, the specific facts at issue must be reviewed by the firm. Before an attorney-client relationship is formed, the firm must have a signed engagement letter with a client setting forth the Firm’s scope and terms of representation. The information contained herein is based upon the law at the time of publication.