Elder abuse is a significant and growing problem in Denver, Colorado, affecting thousands of vulnerable seniors annually. These people are naturally in the last phase of their lives and deserve the right care, respect and quality of life.
The question is, what options do they have if they do not have all of these things? If you or someone around you is facing a situation similar to this, know that we have you covered.
This comprehensive guide provides detailed information on elder abuse laws and legal support in Denver, Colorado available resources, and the crucial role of legal intervention in protecting seniors’ rights and well-being.
But before we get into more complex details, let’s take a step back and review what elder abuse really is.
Defining Elder Abuse: A Complex Problem in Denver
Elder abuse encompasses a broad range of acts or omissions that cause harm or risk of harm to an older adult (60 years or older in Colorado). It’s not limited to physical violence; it includes:
- Physical Abuse: Intentional infliction of physical pain or injury, including hitting, slapping, pushing, inappropriate restraint, or withholding necessary medical care.
- Emotional/Psychological Abuse: Verbal harassment, intimidation, humiliation, threats, isolation, or any behavior designed to cause emotional distress.
- Financial Exploitation: Unauthorized or improper use of a senior’s funds, property, or assets, including scams, identity theft, undue influence, or coercion.
- Neglect: Failure to provide necessary care or services, leading to harm or risk of harm. This includes inadequate food, water, hygiene, medication, or medical attention. It can occur in the home or institutional settings.
- Sexual Abuse: Any non-consensual sexual contact.
- Abandonment: Desertion of a vulnerable older adult.
Denver’s aging population, coupled with increasing healthcare costs and social isolation, creates a particularly vulnerable environment for elder abuse. The city’s diverse demographics also present unique challenges in identifying and addressing abuse across different cultural and linguistic backgrounds.
According to statistics, adults over the age of 60 make up 18% of the population in Denver; but they account for over 30% of the victims in the region. This is an alarming situation and requires immediate attention.
Colorado’s Elder Abuse Laws: Legal Protections and Accountability
Colorado has several statutes addressing elder abuse, providing a legal framework for protecting seniors and holding perpetrators accountable. Key legal avenues include:
1. Colorado Revised Statutes (C.R.S.) § 18-6-803:
This statute defines elder abuse and outlines penalties, including felony charges for serious cases. Penalties can range from fines and probation to lengthy prison sentences.
2. C.R.S. § 26-3-101 et seq.:
Colorado’s Adult Protective Services (APS) laws mandate reporting of suspected elder abuse by mandated reporters.
3. C.R.S. § 18-1-701 et seq.:
Colorado’s criminal code addresses various offenses that can constitute elder abuse, such as assault, theft, fraud, and neglect.
4.Civil Lawsuits:
Victims can pursue civil lawsuits against abusers for damages, including medical expenses, lost wages, pain and suffering, and punitive damages. This can also apply to nursing homes or assisted living facilities that fail to provide adequate care.
Mandatory Reporting Requirements: A Critical First Step
Colorado law designates certain individuals as “mandated reporters,” legally obligated to report suspected elder abuse. This includes:
- Healthcare professionals (doctors, nurses, etc.)
- Social workers
- Law enforcement officers
- Teachers
- Clergy members
- Employees of long-term care facilities
Failure to report suspected abuse can result in fines and other penalties. Reports are typically made to Adult Protective Services (APS).
Recognizing the Signs of Elder Abuse: Early Detection is Crucial
Identifying elder abuse can be challenging, as it often occurs subtly or behind closed doors. However, certain signs can indicate potential abuse:
- Unexplained injuries: Bruises, cuts, burns, or fractures that the senior cannot explain.
- Changes in behavior: Sudden withdrawal, anxiety, depression, fear, or changes in personality.
- Financial irregularities: Unexplained bank withdrawals, missing assets, unusual financial transactions, or sudden changes in financial patterns.
- Neglect: Poor hygiene, malnutrition, dehydration, untreated medical conditions, unsanitary living conditions, or lack of appropriate clothing.
- Social Isolation: Limited contact with family and friends, or a sudden cessation of social activities.
- Fear or reluctance to speak openly: The senior may be afraid to talk about their situation due to fear of retaliation.
- Changes in caregiver behavior: The caregiver may be controlling, impatient, or verbally abusive towards the senior.
Elder Abuse in Nursing Homes and Assisted Living Facilities: Protecting Residents’ Rights
Nursing homes and assisted living facilities are not immune to elder abuse and neglect. Common issues include:
- Understaffing: Insufficient staff to provide adequate care and supervision.
- Inadequate training: Lack of proper training for staff in handling residents with dementia or other cognitive impairments.
- Neglect: Failure to provide basic needs such as food, water, hygiene, and medication.
- Physical and emotional abuse: Intentional infliction of physical or emotional harm by staff.
- Medication errors: Incorrect administration or dosage of medications.
Colorado regulates nursing homes through the Colorado Department of Public Health and Environment (CDPHE). Families can file complaints with the CDPHE if they suspect abuse or neglect. Legal recourse may include filing a lawsuit against the facility for negligence.
The Role of an Elder Abuse Lawyer in Denver: Securing Justice and Support
An experienced elder abuse attorney plays a critical role in protecting the rights and interests of victims. They can:
- Investigate the abuse: Gather evidence, interview witnesses, and obtain necessary documentation.
- File legal claims: Pursue criminal charges against the abuser or civil lawsuits against the abuser or a negligent facility.
- Negotiate settlements: Work to secure financial compensation for the victim’s losses.
- Represent victims in court: Advocate for their rights and interests throughout the legal process.
- Provide emotional support: Offer guidance and support to victims and their families during a difficult time.
Types of legal claims may include personal injury lawsuits, wrongful death claims, financial fraud claims, and nursing home negligence claims. Compensation may include medical expenses, lost wages, pain and suffering, emotional distress, punitive damages, and restitution.
Resources for Seniors and Families in Denver: Accessing Vital Support
Several organizations in Denver provide support and resources for victims of elder abuse:
- Adult Protective Services (APS): The primary agency for reporting and investigating suspected elder abuse in Colorado. [Insert contact information for Denver’s APS here. This requires research to ensure accuracy].
- Colorado Attorney General’s Office: Provides information and resources on consumer protection and elder fraud. [Insert website link here].
- Area Agencies on Aging (AAAs): Offer a range of services for seniors, including information and referral services for elder abuse. [Insert relevant AAA contact information for the Denver metro area. This requires research to ensure accuracy].
- Local non-profit organizations: Many non-profits focus on senior services and advocacy. [Insert relevant organizations and contact information here. This requires research to ensure accuracy].
- National Elder Fraud Hotline: 833-FRAUD-11 (833-372-8311)
Preventative Measures: Proactive Steps to Protect Seniors
Preventing elder abuse requires a proactive approach:
- Educate seniors: Teach seniors about common scams and how to protect themselves from financial exploitation.
- Regular check-ins: Maintain regular contact with elderly loved ones to monitor their well-being and identify potential problems.
- Choose caregivers carefully: Conduct thorough background checks and obtain references before hiring a caregiver.
- Open communication: Encourage open communication within the family to address concerns and prevent conflicts.
- Monitor finances: Regularly review bank statements and financial records to detect any unusual activity.
Conclusion: The Importance of Vigilance and Action
Elder abuse is a serious crime with devastating consequences. By understanding the signs of abuse, utilizing available resources, and taking proactive steps, we can help protect Denver’s vulnerable seniors. If you suspect elder abuse, contact the authorities immediately and seek legal counsel from an experienced elder abuse attorney.
Remember, early intervention is critical in preventing further harm and securing justice for victims. If you’re seeking help from someone who can truly help you know that our personal injury lawyers in Denver are here for you.
You can contact Bourassa Law Group today and bring your case forward. We will take care of your elder abuse case and ensure the wrongdoers get punished for their actions.
1-800-870-8910