Website design By BotEap.comElder abuse and neglect can happen anytime, anywhere, and it will bring real and very serious repercussions, including bedsores and other physical injuries such as broken bones, hip problems, gangrene, and bruising. If caregivers neglect their elderly patients and everything else is discarded or overlooked, the end result is the premature death of the elderly.

Website design By BotEap.comThe National Center on Elder Abuse recently published an article defining neglect as the following: “the refusal and / or failure of those charged with providing food, shelter, medical care, or protection to a susceptible elder.”

Website design By BotEap.comOf course, there are various definitions of what is considered elder abuse in different states. Meanwhile, researchers have used other definitions to explain and study the problem.

Website design By BotEap.comHow to handle those responsible for elder abuse / neglect

Website design By BotEap.comPeople have morals and have the means to apply or ignore it. Of course, there is no legal duty that says people have to help others in distress. However, there are cases where there is a duty to help the elderly.

Website design By BotEap.com1 – A statute imposes a duty of care

Website design By BotEap.comThe NCEA says 30 states have implemented filial responsibility laws that make it a legal duty for adult children to care for and care for their aging parents.

Website design By BotEap.com2 – Contract that creates a duty of care

Website design By BotEap.comOrganizations and individuals can enter into contracts that require care for an older person. This includes:

Website design By BotEap.com– Home care agencies

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Website design By BotEap.com– Long-term care facilities

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Website design By BotEap.com3 – Special circumstances that impose a duty of care

Website design By BotEap.comPeople who voluntarily assume the role of caregiver can be seen as the person who must give the duty of care or seek the help of other people to fulfill that duty of care.

Website design By BotEap.comA look at the duty of care

Website design By BotEap.comNow, the duties of the caregiver are based on the method of enforcing the duty of care. Laws can specify civil liability or impose criminal penalties for the acts of caregivers or their omission. There are some cases where the duty arises due to a contractual relationship … that is, a person or company gives their consent to care for an elderly person.

Website design By BotEap.comA look at the legal duties of care

Website design By BotEap.comThe responsible filial act imposes on adult children the duty to provide financial support to their parents, in case their parents are unable to support themselves financially.

Website design By BotEap.comEach state varies in its terms for specific obligations. However, the NCEA says most will impose a duty of care to provide older people with basic needs like food and shelter. Remember that 30 states have passed laws related to filial law, but 11 of them have never enforced it.

Website design By BotEap.comOther laws have been designed and the duties of the caregiver are established based on special circumstances. For example, a caregiver may be a person who is related to the person either by blood or marriage … or:

Website design By BotEap.com– Lives with the elderly relative

Website design By BotEap.com– Resides in the same building and visits the older relative

Website design By BotEap.com– You live with an elderly relative and must understand that the relative cannot take care of themselves.

Website design By BotEap.comA look at contractual duties of care

Website design By BotEap.comNow, the NCEA says that people who commit institutional abuses are those who have a legal or contractual duty to care for their elderly victims with both care and protection. For example, nursing home doctors and nurses, housing and care facility staff, and paid caregivers have vowed to provide an older adult with the level of care they need to stay alive. Once this contract has been concluded, they may not be allowed to intentionally and knowingly endanger or neglect the person.

Website design By BotEap.comA look at other duties of care

Website design By BotEap.comEven where there has been no established definition of caregiver and there are no contracts, the courts have ruled that a caregiver relationship can be created voluntarily. The court will look at four things to see if a caregiver relationship has been voluntarily created:

Website design By BotEap.com– Do the parties live together?

Website design By BotEap.com– What tasks are being carried out for the older person?

Website design By BotEap.com– Does the caregiver assign the title to himself? Do other people see these people as caregivers?

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Website design By BotEap.comIf the court determines that a reasonable number of the above criteria are met, the person could face both civil and criminal punishment for any willful neglect and / or abuse.

Website design By BotEap.comElder abuse potentially has criminal, civil, and administrative consequences. Negligent caregivers could be subject to civil liability including money damages, criminal charges, and a denial of the right to work for the elderly again.

Website design By BotEap.comAnytime a person, be it a family member or friend, is concerned about an older person, they need to speak to an elder abuse attorney about their complaints and find out what options they have to address the issue and the caregiver / business.