How an Attorney Can Help in Cases of Elder Abuse

As our loved ones age, it is important to be vigilant for signs of elder abuse. If you suspect that a family member or friend is being mistreated, it can be overwhelming and confusing to know what steps to take. One option to consider is hiring an attorney who specializes in elder law to assist you in addressing the situation. In this blog post, we will discuss how an attorney can help in cases of elder abuse and why seeking legal assistance may be beneficial for your loved one's safety and well-being.

What Constitutes Elder Abuse?

Elder abuse goes beyond physically abusing the elderly, which can happen at the hands of a caregiver or even the child of an older person. It also includes financial abuse or even legal abuse, which can happen at the hands of the elder's child who is abusing their power of attorney rights or overstepping their bounds with a loved one. If you suspect elderly abuse in a loved one, don't hesitate to hire an attorney.

Legal Expertise

Elder law attorneys have specialized knowledge and experience in dealing with issues related to aging individuals and their physical and legal needs. These attorneys are familiar with the laws and regulations surrounding elder abuse and can provide guidance on the appropriate legal actions to take. An attorney can help you understand your loved one's rights and options for legal recourse if your loved one is experiencing abuse.

Protection and Advocacy

One of the primary roles of an attorney in cases of elder abuse is to advocate for the protection of their client. An attorney can work towards ensuring that your loved one is safe and that their legal needs are addressed if they are facing any of these scenarios:

You want a restraining order against an abuser: 

A restraining order is a legal measure that protects individuals from harm or harassment by legally limiting the abuser's ability to approach or contact the victim. Elder abuse attorneys are key in navigating the legal steps to obtain a restraining order. They guide victims through the legal process, ensure all documents are correctly filled out and filed, and represent the victim in court. Their expertise is crucial in securing the restraining order, which will offer security and legal defense against further abuse.

You are seeking guardianship or conservatorship: 

Guardianship and conservatorship protect those who can't make decisions for themselves due to age, disability, or incapacity. Guardianship allows a guardian to make personal and health decisions for the person, while conservatorship lets a conservator handle their financial affairs to ensure stability and prevent exploitation. An elder abuse attorney can help you petition for guardianship or conservatorship.

You are fighting for compensation for damages: 

When seeking compensation for emotional and financial damage, an elder abuse attorney is crucial in defending the victim's rights. These legal experts understand elder abuse laws well and can assess damage and plan an effective legal strategy. They collect evidence, such as medical records, financial documents, and eyewitness accounts, to build strong cases. Elder abuse attorneys work hard to negotiate for their clients, in court or settlements, ensuring victims get the compensation they deserve for their suffering.

Resources and Support

Dealing with elder abuse can be emotionally draining and overwhelming for everyone involved. An attorney can provide valuable support and resources to help you navigate through the legal process. They can connect you with social services, support groups, and other professionals who specialize in assisting victims of elder abuse. If you have issues in your family regarding what constitutes elderly abuse and how to go about it, an attorney can also guide all of you to a greater understanding of how elderly abuse applies to your loved one's situation.

If you suspect a loved one is the victim of elderly abuse and you need legal assistance, call our office today to schedule a consultation. Our team of dedicated attorneys will work tirelessly to help you get the justice and compensation your loved one deserves — call Stawicki Anderson & Sinclair today.