Not long ago, our friends at Bott & Associates, Ltd. covered the legal drama surrounding the estate and trust of Richard C. Blum, the late husband of longtime U.S. Senator Dianne Feinstein. The latest lawsuit in that saga took a serious turn, accusing the Trustees of elder abuse specifically, that their actions (or inaction) deprived Senator Feinstein of property rights guaranteed to her under Blum’s trust. An article that used the Feinstein case as a springboard to examine the broader — and often hidden — issue of elder abuse. It struck a chord, and an estate planning lawyer thought it was worth diving deeper into what elder abuse looks like, especially from the perspective of estate planning professionals.
Elder Abuse Is More Common Than You Think
Elder abuse isn’t limited to sensational headlines or celebrity families. It’s a widespread issue affecting people across every background, income level, and community.
According to the National Council on Aging, one in ten Americans over the age of 60 has experienced some form of elder abuse. Even more disturbing? In nearly 60% of those cases, the abuse is carried out by a family member, often an adult child or spouse.
That’s a tough truth: those closest to the elder are the ones most likely to cause them harm.
Abuse Comes In Many Forms
We often think of abuse as something physical, but elder abuse can take many shapes. The National Center on Elder Abuse identifies seven key types: Physical abuse, Sexual abuse, Emotional or psychological abuse, Financial or material exploitation, Neglect, Self-neglect, Abandonment.
For estate planning attorneys, financial exploitation is the most common form we encounter. It can show up in subtle and not-so-subtle ways: a caregiver suddenly has access to a Power of Attorney, a client gifts large sums in return for basic care or errands, an elder’s estate plan changes significantly to benefit a particular family member or caretaker, a senior is whisked away from their home to a bank — or a new attorney’s office — without clear explanation.
Even when a client appears strong-willed or independent, they may be under quiet pressure. If they seem uneasy speaking in front of the person who brought them in, that’s a red flag. Elder abuse isn’t always obvious, but it often leaves clues if we’re paying attention.
Spot The Signs
So, what should we look for? Here are some common warning signs of elder abuse: Unexplained bruises or injuries, Poor hygiene or signs of neglect, Sudden weight loss or untreated medical issues, withdrawal, anxiety, or depression, hesitation or fear when speaking, a caregiver who’s overly controlling or limits access to the elder and sudden changes in financial accounts or estate documents.
While any one of these things could be attributed to aging, multiple signs together should raise concern. When something feels off, it probably is.
What We Can Do
As attorneys and advocates, we have a responsibility to protect our elderly clients. That includes more than just spotting abuse — we can also share resources and help others take action.
Here are a few tools worth knowing:
- Ombudsman Programs: Every state has an ombudsman office that serves as a neutral party for residents of nursing homes and assisted living facilities. You can find your local office here.
- Adult Protective Services (APS): APS agencies investigate reports of elder abuse and neglect. Find your state’s contact info online.
- National Center On Elder Abuse: Offers education and guidance on reporting abuse.
If an elder is in immediate danger, don’t hesitate to call 911 or seek a protective order through the courts.
A Growing Concern For A Growing Population
As our population ages and technology continues to evolve, the risk of elder abuse — especially financial exploitation — will only increase. That’s why it’s critical for those in the estate planning field to stay alert, stay educated, and stay committed to protecting our elderly clients.
Whether it’s spotting the signs, speaking up, or providing resources, we all have a part to play.
Let’s make sure we do. If you suspect abuse, contact a lawyer near you for help.