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Caregiver's Handbook

Quick Guide

  • Getting Started
  • Finances
  • Legal Issues
    • Important Legal Documents
    • Wills & Trusts
    • Guardianship
    • Finding Legal Services
    • Protecting Elders' Rights
  • Health Care
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  • Staying Active
  • Caring for the Caregiver
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Legal Issues

Protecting Elders' Rights

Although many elders are quite savvy when it comes to being consumers and in standing up for their rights, others can be vulnerable because of diminished capabilities, lack of knowledge about financial matters, or trouble in navigating complex voicemail and/or online instructions.

Consumer Protection

Today's marketplace is complex, and, for many elders, it can be treacherous. Elders have often been the target of unethical business practices, such as abuse of guardianship and powers of attorney, lending scams, and Medicare fraud. The following organizations can help protect you as a caregiver and the elder in your care:

  • AARP provides extensive information to help elders on a range of consumer issues, including scams, investment fraud, fixing homes, financing homes, utilities, and smart shopping. Visit the Web site and click on "Money," then "Consumer Information."
  • Better Business Bureau, Inc. (BBB) answers questions about companies and can also assist in arbitration. To find the BBB near you, visit its Web site and enter your Zip Code.
  • Consumer Sentinel is a secure online database used by the Federal Trade Commission to record Internet, telemarketing, identity theft, and other fraud-related complaints. Use this site to get the facts on consumer frauds such as Internet cons, prize promotions, work-at-home schemes, and telemarketing scams.
  • The National Consumer Law Center (NCLC) is a consumer advocacy group that addresses problems such as challenges to sustaining home ownership, fraudulent and exploitive sales practices, debt management, and financial decision making. It also distributes a consumer education brochure on predatory lending (available in English, Spanish, and Chinese).
  • The U.S. Administration on Aging (AoA), through the Eldercare Locator, 800-677-1116 toll free, provides legal services and hotlines to assist in terminating exploitive contracts, guardianships, or powers of attorney and to help seek restitution. It also helps older persons understand their rights, and exercise choice through informed decision-making.
  • The U.S. Federal Trade Commission (FTC), 877-382-4357 toll free (TTY 866-653-4261), works to prevent fraudulent, deceptive, and unfair business practices and to help consumers spot, stop, and avoid them. To find free information or file a complaint, visit the Web site or call.
  • USA.gov for Seniors is a government Web site that provides links to information and assistance on all aspects of consumer and fraud protection. You can also sign up for e-mail updates.

Protection from Elder Abuse

The frailty and dependence of elders can make them targets for abuse, even by family members. Signs to look for include poor hygiene, bedsores, marks or bruises, drowsiness from overmedication, and withdrawn or fearful behavior. Victims may be unwilling to seek assistance because they think no one will believe them, or they fear retaliation from their abusers, or they are too embarrassed. It may take the courage of a caring family member, friend, or caretaker to take action.

Adult Protective Services (APS) are provided in every state to ensure the safety and well-being of elders (and adults with disabilities) who are in danger of being mistreated or neglected, are unable to take care of themselves or protect themselves from harm, and have no one to assist them. APS receives reports of adult abuse, exploitation or neglect; investigates these reports; and conducts case planning, monitoring, and evaluation. APS may also provide or arrange for the provision of medical, social, economic, legal, housing, law enforcement, or other protective, emergency, or supportive services.

Some state APS laws only apply to situations of domestic abuse, affecting people who live alone or with their families. Some states have laws against institutional abuse, protecting elders who live in nursing homes and other long-term care facilities. (For information on protective services for nursing home residents, see Nursing Homes.) Your state attorney general's office will have information as to where an elder can turn for protection and what organizations can help him or her, in addition to these:

  • The Eldercare Locator provides information and referrals.
  • The National Center on Elder Abuse provides information and assistance, including a state-by-state directory of hotlines and APS resources on its Web site. You can also call the NCEA Information Desk at 302-831-3525.

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