Just like in every other state, elder abuse is not uncommon in Florida. To think that some individual through several ways abuse and exploit the aged or elderly is devastating. The state laws in Florida frowns at this wicked acts and is always on pursuit to bring any offending persons to justice. Elder abuse could take various forms and shapes. It could be through individual using legal documents such as power of attorney to exploit the aged financially, it could be through forceful coercion to sign a document, change a last will or even recreate essential documents. Cases of theft have also being reported, and it is sad that some person could still properties and assets from old persons. Asides financial exploitation the next common form of elder abuse occur when older adults find themselves in nursing homes, they occasionally find themselves been abused or maltreated by the personnel. An elder law attorney understands that such issues are not easily reported and when done, take time to investigate. It is our aim to speed up the process to deliver quick and needful justice for our client when they suffer abuse.
How do you prevent elder abuse in Florida?
- Protect yourself from any form of abuse with good estate and disability plans
Medicaid and long-term care planning are important documents to prevent any form of abuse. Contrary to what most people think, Medicaid is not something for only the poor. Sometimes people save so much on retirement only to later realize the huge cost of home-health care, assisted living, and skilled nursing home care. The middle and upper middle class who do not qualify for Medicaid are even worse off. They may have to spend down their wealth and wait 5 years before they can qualify for Medicaid benefits.
But our strategies are targeted at making these services affordable and accessible to the elderly regardless of class, and protecting their assets to ensure that they have something to pass on to their surviving loved ones. Also, financial power of attorney allows you appoint an agent to handle your fiscal affairs and make financial decisions on your behalf when you become incapable to do so yourself. Lastly, you need to plan your estate creating a Will or trust to decide how you would like your assets and other properties should be shared to desired beneficiaries.
- Protect yourself from any form of abuse with proper guardianship.
Guardianship means conservatorship in some states. For the elderly, times would come when you don’t have the capacity to manage most areas of your life. It is thus important that you have a legal guardian. Legal guardian cater for ranging needs of any aged individual, however, you can limit what and what a guardian do for you. With the right documents you can appoint a desired guardian to make your medical and financial affairs. It is important to include the guardian and the type of guardianship you wish to get into your plans to limit any chance of abuse or exploitation.
Elder law attorney handle several elder abuse
Lawyer for elder abuse are constantly faced with several elder abuse cases. There are different ways an elder can suffer abuse. Knowing each type will help you or your loved one know when abuse has occurred in order to take any necessary step.
The seven prevalent types of elder abuse as described by the National Center on Elder Abuse (NCEA) are:
- Physical elder abuse: This occurs when an older adult is subjected to physical pain intentionally by another person. It often leads to bodily harm or in more serious cases, death.
- Financial elder abuse or financial exploitation: There is financial abuse when a person in a trusting relationship with the older adult intentionally, illegally and improperly uses the funds of the elder for their own selfish gains, disregarding the needs of the elder.
- Negligence: There is negligence or elder neglect when a person who is supposed to be responsible for an older adult fails to act as expected of them, or fails to protect them from harm through carelessness, and such inaction consequently results in harm to the adult.
- Elder abandonment: This type of elder abuse is sometimes intertwined with neglect. However, elder abandonment occurs when the person who is supposed to be responsible for the older adult consciously and intentionally deserts them without informing the relatives or home facility, or making any formal agreements.
- Psychological and emotional sexual abuse: This are acts which produces fear, intimidation, or mental pain to the elder.
- Sexual elder abuse: This occurs when an older adult is coerced against their will to be involved in sexual acts with and by another party or parties.
- Elder self-neglect: There is elder self-neglect when the elder can no longer care for their own personal needs but does not take any step to ensure they get help. The elder simply neglects himself or herself.
Lastly estate planning is important.
One way to adequately prevent most elder issues and abuses is through estate planning. Estate planning cater for all your needs both while you are alive and well and when you become incapable. Through an estate plan, you can sufficiently protect your assets, finances, protect your estate beneficiaries and lastly have the final say over what becomes of your properties when you die. Which is why planning your estate as soon as possible is important. Don’t wait till when issues start coming up. Contact an estate planning lawyer right away.