According to the 2010 U.S. Census, Maine has the oldest population in the nation, with a median age of 42.7 years. Crimes against elders is largely unreported in the U.S. and in Maine, where it is estimated that about 84 percent of elder abuse cases go unreported. An estimated five percent of Maine’s elderly population were victims of abuse in 2009. Most abusers are relatives, friends or caregivers — very few are strangers.

Elder abuse takes many different forms — including physical and emotional abuse, financial abuse, sexual abuse and neglect.

The most common form of elder abuse that comes to my attention as a staff attorney with Legal Services for the Elderly is financial abuse and exploitation.

Some common examples of financial exploitation include forcing an elderly person to relinquish control of assets (to sign over, sell or give away; sometimes as part of estate planning gone awry), forcing an elderly person to change a will or power of attorney, or preventing an elderly person from changing a will or power of attorney, stealing or misusing an elder’s income, forging an elder’s signature on checks or property deeds, overcharging for services or rent, and taking out credit cards in an elder’s name.

Sadly, these cases most often involve close and trusted relatives defrauding money from their mothers, fathers, aunts and uncles, or grandparents.

Financial exploitation may at times be subtle, but there are red flags that an elder may be the victim of abuse and/or financial exploitation which include: changes in personality or hygiene, fear of certain people or places, a sudden decline in health, closed bank accounts or unexplained withdrawals from accounts, an increase in or unusual banking activity (or credit card activity), elder unaware of income or resources, elder unable to pay his or her bills but previously was able to, the exploiter speaks for the elder victim, and isolation of the elder.

The consequences of abuse and financial exploitation for the elder can be devastating. The elder may experience the loss of their home or financial ruin at the hands of the exploiter.

Due to the fact that the elderly population is typically retired and lives on a fixed income, it is nearly impossible for an elder to recover to the prior financial status once an elder’s life savings or nest egg has been wiped out.

The elder victim may also experience physical manifestations of abuse and exploitation. Statistics show an increase in morbidity and mortality rates among the victims of elder abuse. Many times, an abused elder is in denial and may feel that she has somehow allowed the abuse to occur, and an elder’s personal judgment will forever be questioned by the elder herself and by others.

The first thing that an advocate or legal practitioner must focus on in assisting the abused elder is stopping the abuse.

If the elder is being beaten or a crime has occurred, the police must be notified immediately. Anyone witnessing a crime being perpetrated upon an elder should not hesitate to make that call, especially if the elder lacks capacity. A call to Adult Protection Services (1-800-624-8404) is often indicated.

Obtaining a temporary protection from abuse order or protection from harassment order is another step that can be taken on behalf of an elder. Those temporary orders are available at any district court in Maine.

Other steps that can be taken might include revocation of a power of attorney, serving a no trespass order, removing the abused elder from the scene of ongoing abuse, and notifying a financial institution and/or trusted family member or friend (with permission of the elder) regarding what is going on.

In addition to, or as an alternative to, criminal action, civil remedies can be sought for the physically or financially abused elder. Financially-abused elders might consider filing a complaint for action such as breach of fiduciary duty, negligence, abuse of a confidential relationship, and conversion, fraud, unjust enrichment and violation of Maine’s Improvident Transfer of Title Act.

Seniors need to be wary of adding someone to their bank account, which is often done at the behest of a friend or family member who convinces the senior that such action is necessary to ensure that the senior’s bills are paid in the event that they are unable to write checks him or herself.

Seniors should also be cautious of anyone pressuring them to execute or change documents such as a power of attorney or a will. Beware of the friend or family member who undertakes amateur estate planning.

Jill Randall is a staff attorney for Legal Services for the Elderly. 

June 15 is World Elder Abuse Awareness Day.

To learn more about elder abuse and what can be done to prevent it, join the Androscoggin County Elder Abuse Task Force at the Senior Resource Fair from 9 a.m. to 1 p.m. on Thursday, June 13, at St. Mary’s LePage Center, Lewiston.

In recognition of World Elder Abuse Awareness Day, speakers will present information on different ways for seniors to stay safe. The event is free and open to the public. Lunch provided. To register, call Denise at 783-1475. 

If you fear someone is being abused, call Legal Services for the Elderly at (800) 750-5353. The agency provides free and confidential legal services to Mainers age 60 and older.