While on this blog, we usually focus on the medical side of things, we would like to take a quick segue into a more legal focus. It is no secret that dementia predominantly affects the elderly; however, our topic for today isn’t only for those dealing with this debilitating disease.
Mark Twain once cautioned us not to “complain about growing old. It is a privilege denied to many.” It is a sad reality that many, if not most of those born into this life, will not live to experience their twilight years. But those that do will find themselves becoming more and more vulnerable to abuse and mistreatment as the years roll on. In this country, at least, an effort has been made to protect this vulnerable class of people through the Older Person’s Act of 2006. Therefore, please familiarize yourself with this piece of legislation; it may not prevent abuse from happening, but it can help you should you identify that it is happening.
Elder abuse is defined as occurring when a person in a relationship with an expectation of trust either acts or fails to act in a manner that leads to or can potentially lead to harm or distress to the older person; 65 and older if male, 60 if female. This doesn’t just mean physical distress; importantly, there are many forms mistreatment can take. Merely making threats of physical harm is covered by the act, but also sexual, psychological, and economic abuse is included.
Sexual abuse includes touching, exposure, compelling to watch explicit acts, and the use of inappropriate language or slurs. Psychological abuse can be defined as a pattern of degradation or humiliation, emotional threats, and invasions of autonomy. Economic abuse is probably the most varied. It would be the depriving or withholding of legally entitled resources or necessary resources, e.g., food or clothing, or forcing the elderly to care or pay for the care of children not under their purview. It also includes the utilizing of an elderly person’s finances or disposing of assets without their permission; this last one is especially pertinent when the elderly person in question is experiencing cognitive decline.
So now the question becomes who can report abuse of any of these natures? The answer is absolutely anyone who suspects it might be happening. You do not have to have a direct relationship with the person in question. Should you wish to file a report, you can go directly to your nearest police station or to the Director-General of the Social Development Department. Should there already be a social worker overseeing the individual, a report can be made to them as well. If not, a social worker will be dispatched upon receipt of a report. Immediately following the receipt of a report from the social worker, the police may issue written notice to the suspected abuser to vacate and cease contact until such time as the matter is dealt with. Should the case proceed to court, the magistrate will consider the issue and may make the written notice a court order and may award maintenance fees to the one being abused.
The court process will generally proceed as follows; the social worker or caregiver may provide a sworn statement to the public prosecutor. If the prosecutor is satisfied with the statement, the accused will be summoned to court; failure to appear in court at any point in the proceedings is an offense and if found guilty may lead to a fine or jail time. The magistrate may also dispatch a police official to accompany the social worker or caregiver to the location of the suspected abuse if there are any access restrictions. If anyone attempts to prevent the matter from going to court, this also counts as an offense. During the inquiry in court, the magistrate will inquire as to the correctness of all statements given; this part of the proceedings can be in an open or closed court environment. If the statements are found to be correct, the magistrate may authorize the accused to continue to care for the elder person under new imposed conditions, but if the accusations are egregious enough, the court may prohibit the accused from accommodating or caring for any older person for any period up to ten years as determined by the magistrate.
If the accused is found guilty, then upon conviction, they may be ordered to pay a fine or go to jail for up to five years; if the charges are sufficient to warrant it, they may be forced to do both. They will also be registered in the National Register of Older Persons kept by the Department of Social Development. Finally, they will be prohibited from operating or being employed at any facility that gives access to the elderly, prevented from providing community-based care or any support services. Should it be necessary, the victim in all this may also be removed from the residence where the abuse happened and taken to a place of safety.
As you can see, this piece of legislation provides a structure to protect those who may be experiencing elder abuse, but it cannot always prevent it. That responsibility falls on the loved ones of the elder to keep a caring eye on those who are susceptible to being mistreated in this way. No amount of laws and statutes can replace the protection that comes from having someone who genuinely loves you pay attention. So please, keep that in mind when checking in or visiting your loved ones; it may just save them.
