what does an elder abuse attorney handle

An elderly abuse lawyer works with the victims of abuse and their families to work hard to stop the abuse from occurring and to seek compensation from those who have abused them. They must have skills as a litigator and negotiator, as elder abuse cases must be filed in civil court and settlements must be discussed with defending parties.

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What does an elder care attorney really do?

Jan 25, 2022 · The main purpose of an elder law attorney is to help aging Americans to legally navigate through the issues of life that arise simply because of age. They can offer legal guidance and counseling on preparing for long-term care, choosing retirement plans, planning and settling your estate and a host of other issues that older Americans may face.

What is the elder law attorney needs to know?

May 17, 2021 · Most elder law attorneys handle a wide range of legal matters affecting an older or disabled person, including issues related to health care, long term care planning, guardianship, retirement, Social Security, Medicare/Medicaid, and other important matters. In many ways, elder law attorneys are "specialists" because of their focus on the needs of older …

How to choose an elder financial abuse attorney?

Experienced elder abuse attorneys can handle the legal process from start to finish. An attorney can help victims of elder abuse and their families by: Determining if they qualify for an elder abuse lawsuit Gathering all the necessary evidence (medical records, witness statements, etc.) to build and prove their case

Why to use elder law attorneys?

contact our elder abuse attorneys at (800) 281-8515 today for a free case consultation if you suspect your loved one is a victim of abuse. AN ATTORNEY CAN HELP Elder law lawyers are advocates for the elderly and their loved ones.

What is undue influence in elder abuse?

Under California Welfare and Institutions Code § 15610.70, undue influence is defined broadly as “excessive persuasion that causes another person to act or refrain from acting by overcoming that person's free will and results in inequity.” Undue influence can be exerted whenever an elderly adult makes any kind of ...

What is elder law in PA?

An elder law attorney deals with long-term care planning and public benefits, end-of-life issues, housing assistance and options, elder abuse, neglect and exploitation, age discrimination in employment, veterans' benefits, services of the Area Agencies on Aging, the legal rights of residents of nursing facilities, and ...

What is elder law in Florida?

Elder Law is defined as any legal issue involving health and personal care planning for the senior population and their caregivers.

What type of elder abuse is most common?

neglectQuick Facts About Elder Abuse According to the National Council on Aging (NCOA), elders are more likely to self-report financial exploitation than emotional, physical, and sexual abuse or neglect. According to the NCEA, neglect is the most common type of elder abuse.Mar 4, 2020

How much does an elder abuse lawyer cost?

There are no upfront or out-of-pocket costs to hiring an elder abuse lawyer with Sokolove Law. We work on a contingency-fee basis, which means we o...

What does an elder abuse attorney handle?

An elder abuse attorney can determine if you qualify for an elder abuse lawsuit, collect the evidence you need to prove the abuse occurred, file al...

Who hires an elder abuse attorney?

Typically a family member, spouse, or friend of the abused older adult will hire an elder abuse attorney to file a lawsuit on behalf of their loved...

Can a lawyer help prevent elder abuse?

Every case is unique, and there are no guarantees. However, an elder abuse lawsuit may be able to help prevent elder abuse by holding abusers accou...

Will I be able to reach my elder abuse lawyer when I need to?

At Sokolove Law, our compassionate, attentive legal teams emphasize communication, clarity, and prompt responses to client questions. Our attorneys...

Why Elder Abuse Victims Choose Us

Garcia, Artigliere & Medby is a national law firm that specializes in handling elder abuse cases, which range from financial exploitation to physic...

Types of Elder Abuse and Neglect

1. Bed Sores 2. Bowel & Bladder Injuries 3. Burns 4. Fractures 5. Health Care Fraud 6. Improper Restraints 7. Malnutrition & Dehydration 8. Mismana...

Malnutrition & Dehydration

One of the most dangerous effects of mismanaged care facilities is malnutrition and dehydration. At least one third of the more than 1.6 million nu...

Mismanagement of Diabetes

Our elders need special care, especially when they have pre-existing medical conditions that make them more susceptible to developing further healt...

Frequently Asked Questions About Elder Abuse

1. Elder abuse is defined as a violation of human rights and a significant cause of illness, injury, loss of productivity, isolation, and despair....

What is an elder law attorney?

Elder law attorneys are advocates for the elderly and their loved ones. Most elder law attorneys handle a wide range of legal matters affecting an older or disabled person, including issues related to health care, long term care planning, guardianship, retirement, Social Security, Medicare/Medicaid, and other important matters.

Why are elder law attorneys considered specialists?

In many ways, elder law attorneys are "specialists" because of their focus on the needs of older adults, which are often different and more specialized than the needs of younger adults.

What is the importance of wills and estate planning?

Discuss the importance of wills and estate planning, including planning for a minor or adult with special needs, probate proceedings, and other matters. Create a durable power of attorney. Provide help with health care and planning, including long term care options, patient rights, Medicare, and health care power of attorney.

Do elder law attorneys specialize in every area of law?

Most elder law attorneys do not specialize in every area of law affecting seniors, so it is important to hire an attorney who has experience in your particular area of concern.

Why Contact an Elder Abuse Lawyer

If you believe that your loved one has been the victim of elder abuse in a care facility, you should contact an elder abuse attorney who may be able to help you hold the abuser accountable.

How an Elder Abuse Attorney Can Help

Experienced elder abuse attorneys can handle the legal process from start to finish.

What to Look for in an Elder Abuse Law Firm

Once you decide to file an elder abuse lawsuit, you should hire a law firm with the experience, resources, and qualifications to maximize your recovery.

Find an Elder Abuse Lawyer Near You

Sokolove Law is a national law firm with a licensed attorney in almost every state. That means we can file an elder abuse lawsuit nationwide.

Elder Abuse Lawyer FAQs

There are no upfront or out-of-pocket costs to hiring an elder abuse lawyer with Sokolove Law. We work on a contingency-fee basis, which means we only get paid if we successfully resolve your case via a settlement or jury award.

How to prevent elder abuse?

As a caregiver or loved one, the following actions can help prevent elder neglect and abuse: Visit as often as you can , at random times .

How many elder abuse cases go unreported?

In the United States alone, more than half a million reports of elder abuse reach authorities every year, and many cases go unreported. Abuse of the elderly can take place in institutional settings, particularly long-term care centers, nursing homes, and skilled nursing centers.

What are the physical effects of elder abuse?

Physical signs of elder abuse may include: Welts, bruises, and cuts. Dental issues.

Can elder abuse be confused with dementia?

Signs of elder abuse can be challenging to recognize or may be confused for symptoms of dementia or a senior’s frailty. Many of the signs and symptoms of elder neglect and abuse do overlap with symptoms of mental stress.

How to choose an elder financial abuse lawyer?

You must choose a lawyer who understands you, your family, its dynamics, the psychological issues that often come into play, and communicates clearly, sets firm boundaries, has proven experience, and is strategically able to prosecute your claims in your loved one’s county of residence. It is imperative that your elder financial abuse attorney is familiar with the decedent’s local superior or probate court.

What is elder financial abuse?

Elder financial abuse amongst family members is a common element of trust disputes, conservatorship disputes, and will disputes. It can involve everything from simple forgery to psychological coercion.

What is undue influence?

However, the term undue influence can refer to many other types of situations wherein any individual takes advantage of another, regardless of age, or familial relationship. A frequent example of elder abuse involves coercing a parent to change a will or trust to benefit the abuser.

What is contesting capacity?

Contesting Capacity. A core element of elder financial abuse often is the premise that the victim does not have the mental capacity to make financial decisions for themselves, whether due to a mental health condition or similar deficiency.

What are the warning signs of elder financial abuse?

Frequently, victims are afraid to admit missing items or money in accounts because they’re embarrassed, or they worry it’s their own memory at fault. This can be emotional for the victim, as it creates anxiety, self-doubt, and depression. Here are a few specific examples of warning signs we’ve seen in cases we’ve successfully prosecuted.

What is a power of attorney?

Using a Power of Attorney, given by the victim to allow another person to handle his/her finances, as a license to steal the victim’s monies for the perpetrator’s own use. Taking advantage of joint bank accounts in the same way. Using ATM cards and stealing checks to withdraw monies from the victim’s accounts.

Is it important to retain an elder financial abuse attorney?

Yes, it helps. However, it’s more important to retain an elder financial abuse attorney who has experience in your loved one’s county of residence. For example, if your one lives (d) in Los Angeles County, you would be best-served to retain an elder financial abuse attorney who practices regularly in the Los Angeles Superior Court. ...

How does an elder abuse lawyer work?

An elderly abuse lawyer works with the victims of abuse and their families to work hard to stop the abuse from occurring and to seek compensation from those who have abused them. They must have skills as a litigator and negotiator, as elder abuse cases must be filed in civil court and settlements must be discussed with defending parties. Often, they work as general personal injury lawyers, as most lawyers do not specialize in elder abuse. The elderly abuse lawyer will have the ability to communicate with abused elderly clients, which requires that the lawyer have a great amount of patience as well as strong interpersonal and communication skills.

Do elder abuse lawyers charge fees?

Elder abuse lawyers may charge various fees from their consultation and legal work they conduct on your case. Always be aware of all rates and fees. A retainer is often required by lawyers who will be working on a case that will require extensive work that is being billed on an hourly basis. It is very important that all rates, bills, and fees are written and that you keep these records in case of a billing dispute.

What are the signs of abuse in nursing homes?

Elders living in nursing homes or assisted living quarters are at the mercy of their caregivers and can be abused. Signs of abuse are: 1 Bone fractures 2 Dehydration 3 Malnutrition 4 Poor hygiene 5 Pressure sores (bed sores) 6 Unexplained bruising

What does an elder's attorney do?

In preparation for trial, your elder’s attorney will make, defend, and oppose pleadings and motions in your elder’s best interests. Most civil lawsuits are settled for a specific amount of money. Your elder’s attorney will negotiate a settlement based on the compensation involved.

How does an elder's attorney help in a case?

In building the case, your elder’s attorney will develop evidence supporting the allegations by interviewing witnesses placed under penalty of perjury. Your attorney also can conduct other “discovery” methods to learn what happened and what the abuser’s employer did or did not do to prevent future abuses.

What are the signs of elder abuse?

Elders living in nursing homes or assisted living quarters are at the mercy of their caregivers and can be abused. Signs of abuse are: Bone fractures. Dehydration.

Can an elder abuse attorney help?

Yes. Hiring an attorney who is experienced in handling elder abuse cases can put a stop to the abuse, hold the abusers and their employers accountable, and get your elder family member compensated financially for harm suffered. Time is of the essence.

Can an elder family member sue?

If your elder family member does not have the mental capacity necessary to sue , you may bring a lawsuit on the elder’s behalf and the statute of limitations begins running when you realize abuse has occurred.

What is elder abuse prevention?

A collection of elder abuse prevention and response strategies, such as how to report abuse, listings of elder advocacy organizations, and ways to raise elder abuse awareness (National Center on Elder Abuse)

What are the signs of elder abuse?

What signs to look for when determining whether an elderly friend or family member is the victim of elder abuse, such as unexplained bruises; lack of personal hygiene; and depression.

What to do if you become aware of elder abuse?

If you become aware of an incident of elder abuse, it’s important to report it to the appropriate authorities immediately. This will not only help to protect the senior's health and assets but also ensure that he or she can access the many support services that are available as early as possible.

Can elder abuse be detected?

Perpetrators of abuse can also prey upon feelings of fear or loneliness in forcing an elderly victim to take certain actions. Fortunately, there are tools that can help you to detect elder abuse, even in its early stages, and allow you to intervene, report the case to the proper authorities, and protect a potential or actual victim of elder abuse .

Is elder abuse serious?

There are various forms of elder abuse, some less obvious than others, but still just as serious in terms of the harm that can be done to an elderly person's well-being or financial assets. This section offers helpful resources on how to identify and remedy instances of elder abuse.

What is elder law?

An elder law attorney handles a wide range of legal matters affecting elderly people, including health care, guardianship, Medicare/Medicaid, and Social Security. An elder law attorney does not just handle important financial and estate planning matters, but takes care of important matters affecting the quality of life of their elderly clients, ...

Do senior citizens need elder law?

Here are some situations in which senior citizens must seriously consider hiring an elder law attorney: They are entering a nursing home for long-term care, and want to preserve/transfer assets to secure their spouse’s future. They want to file a Medicare or Medicaid claim or a social security and disability claim.