Legal Options for Fighting Elder Abuse in Canton, GA
Aging comes with many life changes. Some are wonderful, like the birth of a grandchild. However, getting older can also mean new health challenges and limitations. Many seniors come to rely on others to help with their day-to-day care. That makes them one of the most vulnerable populations in Georgia — and far too often, the targets of elder abuse and neglect.
When we recognize the signs of elder abuse, we must take action. Georgia law gives victims and their families a way to demand justice and accountability for what they endured. An experienced Canton elder abuse attorney can explain your legal rights and options if you or someone you love has been harmed.
Understanding Elder Abuse
Elder abuse is one of the most underreported problems nationwide. An estimated 10 percent of all
adults over 60 experience some kind of abuse each year. However, those numbers are likely skewed due to the number of people who are too afraid or incapable of reporting it.
Elder abuse can come in many forms. The most common instances occur when in-home caretakers or personnel at nursing homes and assisted living facilities commit physical, sexual, emotional, or sexual abuse.
- Physical abuse – Striking, pinching, hair-pulling, shoving, or using unnecessary physical restraint can cause severe bodily injuries and trauma.
- Emotional abuse – Shouting, screaming, bullying, belittling, intimidating, and manipulating can profoundly impact an older individual’s cognitive and emotional well-being.
- Sexual abuse – When a person subjects an older person to unwanted, non-consensual sexual contact, they are perpetrating sexual abuse. This category also includes unwanted sexual advances, forcing someone to view pornography, and flashing.
- Financial abuse or fraud – A senior with impaired judgment may be exposed to unscrupulous attempts to misappropriate their finances, overcharge them for goods or services, or steal money or valuables.
- Neglect – Failure to provide necessary medical treatment, assist with toileting and personal hygiene, and provide food and drink can lead to injuries, illnesses, and malnutrition.
When caregivers fail to ensure that seniors are properly cared for, the consequences can be severe and even fatal.
Legal Framework in Georgia
Georgia laws prohibit abuse or neglect for everyone. However, state laws increase the penalties for abuse of individuals 65 or older, diagnosed with Alzheimer’s disease or dementia, or who reside in nursing homes. Furthermore, the Georgia Bill of Rights for Residents of Long-Term Care Facilities enshrines residents’ rights to reasonable care and skill, dignity, respect, and privacy. Residents also have a legal right to be in a facility compliant with all applicable laws and regulations.
How to Report Elder Abuse in Canton, GA
Experiencing abuse or discovering an elderly family member is a victim of elder abuse comes as a terrible shock. Acting quickly is essential to minimize the danger to the senior and hold the abuser accountable. There are several ways to report the abuse, neglect, or exploitation of an older adult in Georgia.
- Call 911 if you believe someone is in immediate danger.
- If the individual lives in a private residence, contact Adult Protective Services at 1-866-55AGING (1-866-552-4464). You may also report the incident to the Division of Aging Services at the state Department of Human Services.
- If the individual lives in a long-term care facility, call the Georgia Department of Community Health Healthcare Facility Regulation at 1-800-878-6442.
State law also designates many individuals as mandatory reporters with an obligation to report suspected cases of elder abuse and neglect, such as doctors, psychologists, social workers, law enforcement officers, nursing home staff members, and personnel from financial institutions.
Civil Actions Against Elder Abuse
In addition to criminal charges, victims of elder abuse and their families may be able to take civil legal action against the perpetrators.
A civil lawsuit can seek monetary compensation for the harm caused by the abuse, including medical bills, financial losses, pain and suffering, and loss of enjoyment of life. These lawsuits can target individual abusers as well as nursing homes or other care facilities that have failed to protect their residents from abuse. A Canton elder care attorney can assess the specifics of your case and advise you on the best path to seek justice and compensation.
Criminal Charges and Prosecution
Many forms of elder abuse are crimes under Georgia law. Physical abuse, sexual abuse, and financial exploitation can all lead to criminal charges against the perpetrator. Notify law enforcement immediately if you suspect someone is the victim of a crime. Depending on the severity of the abuse, charges could range from misdemeanors to felonies, with potential prison time upon conviction. In some cases, enhanced penalties may apply for crimes against older victims.
Support and Resources for Elder Abuse Victims
Dealing with the aftermath of elder abuse can be a painful experience for both the victim and their loved ones. In addition to taking legal action, it is essential for those affected to seek support and access available resources. Local organizations, such as senior centers and adult protective services departments, can often provide counseling, advocacy, and assistance as you recover. The attorneys at Geiger Legal Group, LLC can connect you with resources in Canton or your local area.
On a national level, the Eldercare Locator (1-800-677-1116) can connect victims and families with resources in their area. Support groups, both in-person and online, offer ways to connect with others who have faced similar experiences. Rebuilding a sense of safety and trust takes time, but with proper support, healing is possible for elder abuse victims and those close to them.
Contact Our Canton Elder Abuse Attorneys for More Information
Elder abuse is among the most horrific forms of harm imaginable. However, it is crucial to remember that legal help is available for senior citizens in Canton. Working with a knowledgeable elder law attorney can help you understand what actions you can take to hold the wrongdoers accountable and recover any available compensation.
Whether you experienced elder abuse at home or as a nursing home resident, the experienced Canton elder law attorneys at Geiger Legal Group, LLC understand the impact it can have on victims and their families. We have been providing legal services to Georgians since 1981 and are ready to put our skills and resources to work for you. Contact us today for a free case review.
