Learning the Language of Elder Abuse Prevention

The field of elder abuse prevention brings together professions in law, accounting, social work, gerontology, psychology and government services. Many terms are used in talking about or preventing elder abuse. Some of the more common terms are defined below.

CALIFORNIA ELDER ABUSE & DEPENDENT ADULT CIVIL PROTECTION ACT
(Welfare & Institutions Code Sections 15600-15675)

The Purpose and legislative intent of the Elder Abuse & Dependent Adult Civil Protection Act was based on the recognition that elders and dependent adults may be subjected to abuse, neglect, or abandonment and that this state has a responsibility to protect these persons. (W&I 15600)

Abandonment - "means the desertion or willful forsaking of an elder or dependent adult by anyone having care or custody of that person under circumstances in which a reasonable person would continue to provide care and custody." (W&I 15610.05)

Adult Protective Services – The Title XX service program mandated by the State of California that requires 24-hour investigation of all situations in which seniors and dependent adults (18 to 64 years of age) are at risk of physical, sexual or financial abuse, neglect, self-neglect, isolation, abandonment and abduction. Response times for case investigation may vary from immediate in life-threatening situations to up to 10 days for less pressing situations. Law enforcement may be asked to assist in the investigation if there is difficulty with gaining access to the person at risk or if the situation may escalate to violence.

Care Custodian (Caretaker) - "An administrator or an employee of public or private facilities or agencies, or persons providing care or services for elders or dependent adults, including members of the support staff and maintenance staff" (W&I 15610.17)

Dependent adults - "Any person between the ages of 18 and 64 years who resides in the state of California and who has physical or mental limitations that restrict his or her ability to carry out normal activities or to protect his or her rights, including, but not limited to, persons who have physical or developmental disabilities, or whose physical or mental abilities have diminished because of age." (W&I 15610.23)

Elder - "Any person residing in the state of California, 65 years of age or older." (W&I 15610.27)

Financial abuse or material exploitation - "Means the taking, secreting, or appropriating an elder's money or property for a wrongful use, or with the intent to defraud, by a person who has care or custody of the elder or stands in a position of trust to the elder." (W&I 15610.30)

Hoarding - The excessive collection and retention of things or animals until they interfere with day-to-day functions such as home, health, family, work and social life. Severe hoarding causes safety and health hazards.

Isolation - "Means intentionally preventing an elder from receiving mail or telephone calls, wrongfully informing visitors or callers that the elder does not wish to see or talk with them; false imprisonment; physically restraining and elder from meeting with visitors. (W&I 15610.43)

Long-term care facility – Any facility such as nursing homes, intermediate care, extended care, adult residential facilities, assisted living or board and care facilities that provide a range of services and care on an ongoing, long-term basis. These facilities are often associated with the elderly, but also serve anyone who is unable to live independently or who needs a level of care or services that can’t usually be provided at home. At the same time, the services usually provided in a log-term care facility are not usually of the level, intensity or breadth as those provided in a hospital.

Mandated reporter - A person who has a legal responsibility to report suspected elder abuse. This is any person who is fully or intermittently responsible for the care and custody of an elder or dependent adult, whether or not that person receives compensation. This includes administrators, supervisors and any licensed staff of a public or private facility that provides care or services for elder or dependent adults, or any other dependent adult care, custodian, health practitioner, financial institutions, member of the clergy, animal control employee or employee of a county adult protective services agency or local law enforcement agency. (W&I 15630(a))

Multidisciplinary team(s)- Groups of professionals from diverse disciplines who come together to provide consultation and assessment of difficult to resolve cases of elder abuse. Multidisciplinary teams promote coordination and communication between participating agencies.

Neglect - "Means...the negligent failure of any person having the care or custody of an elder or a dependent adult to exercise that degree of care or custody of an elder or dependent adult...that a reasonable person in a like position would exercise or the negligent failure of the person themselves to exercise that degree of care that a reasonable person in a like position would exercise." (W&I 15610.57)

Parens Patria - The principle that allows the state to supersede parental authority with regards to protecting the welfare of children. It allows the government to act and determine what is in the best interest of the individual. With adults, parens patria can only be applied if a person is deemed unable to make decisions for him or herself and thereby the person may be more vulnerable to abuse.

Physical abuse - "Means the assault, battery, assault with a deadly weapon, unreasonable physical constraint or prolonged deprivation of food or water, sexual assault, sexual battery, rape, incest, sodomy, oral copulation, penetration of a genital or anal opening by a foreign object or use of physical or chemical restraint or psychotropic medication for punishment, or period longer than prescribed, or for any purpose not authorized by a physician." (W&I 15610.63)

Psychological or emotional abuse - This occurs when an elder is threatened, harassed, humiliated, frightened, isolated intimidated, confined, ignored or denied affection. It is the intentional infliction of mental harm or psychological distress upon the older adult. Examples include mocking, name-calling, threatening nursing home placement and giving the “silent treatment.”

Self-neglect - characterized as the behavior of an elderly person that threatens his/her own health or safety. Self-neglect generally manifests itself in an older person as a refusal or failure to provide himself/herself with adequate food, water, clothing, shelter, personal hygiene, medication (when indicated), and safety precautions.

Sexual abuse - Includes, but is not limited to, unwated touching, all types of sexual assault or battery, such as rape, sodomy, coerced nudity, and sexually explicit photographing.

Undue Influence – A form of psychological mistreatment. It is when a person in a position of power or trust uses their role to (influence) deceptively gain control over the decision making of another and may be accompanied by fraud, duress, threats or intimidation or pressure.