Elder Abuse Investigation

So the first question will be - Is the action (or lack thereof) considered neglect or abuse? Neglect may be an unintentional or intentional act and may be based on factors such as inadequate number of staff or a lazy employee. But, any neglect can become an intentional act that then, when commonplace, will be considered ABUSE. 

Elder Abuse can happen anywhere. Where does your elder person reside? 

Facility: If they reside in a nursing home or care center, then it can be quite the process to obtain and analyze records. The information can be global to the history of the center and/or the corporation that owns it, as well as all of the related staff and client records during the incident chronology. Investigation of a facility, staff, training, audits, and related medical records is always like pulling teeth. 

Home Healthcare: Many clients prefer to stay in their home (or the home of a relative) as long as they can. Many clients will retain caregivers or nurses to help manage their physical needs and health requirements. Staff is usually acquired through medical staffing or home healthcare services provider. There are a range of home health providers and as with a facility, make sure you review their background and systems prior to contracting them. 

Family: Some clients are staying with or being cared for by family. This is another level of sticky to investigate when something has gone wrong, especially when out-of-area family is challenging the quality of healthcare provided this can get messy. Closer attention must be paid to analysis of everything, including the family dynamics.

Facility and Home Healthcare Specialist: We have close access to an RN-MSN with over 15 years experience in facility and home healthcare DNS management who can review and analyze the audit documentation, data, and medical reports to flesh out issues and inconsistencies.

Private Investigation Services: There can be a number of sources of data and information to draw from based on the type of case. We may need staff and admin records, background checks, state audit and licensing histories, court (criminal and civil) records, police and ems records, doctor, hospital, clinic records, medical examiner records, to name only a few.. We also will need to identify past and present staff to interview that will help you to understand the environment and the caregiver/patient ratios they have experienced. An Elder Abuse investigation can be quite the octopus to manage, but that is what a good investigation firm does.

Sureveillance in Long-Term Facilities: As of 2025 Oregon SB 134,  Idaho ID H0287, and Washington WAC 388-78A-2690 all grant residents of long-term care and other similar facilities the right to use electronic monitoring devices (like cameras) in their rooms. Each state law is different and the processes vary from state to state. Please review the laws of each state or contact us to discuss your questions or your case needs.

Isolation: The elder is being separated from family and friends.

Deception: The elder is being coerced to sign documents or there are changes in account ownerships or signatories.

Misuse of Authority: There is improper use of the Power of Attorney, or Medical Power of Attorney, or guardianship.

Unusual Transactions: Unpaid bills, unexplained transfers, new ATM or credit card activities, sudden out of character withdrawals, etc.

Inconsistent Financial Explanations: Odd financial documents, resources vs standard of living delta, forgeries, etc.

Most states have criminalized financial exploitation and generally require mandatory reporting for certain professionals (like healthcare workers). While most states criminalize abuse and have mandatory reporting, the specifics like protected age and penalties will differ, so check with the state that you live in. Additionally, all states allow for torts (civil remedies or lawsuits) for elder abuse enabling the older person to seek damages. 

In the USA, elder abuse is so common that all 50 U.S. states now have laws addressing elder abuse. These laws, definitions, reporting requirements, and enforcements vary significantly between states, with every state having some form of Adult Protective Services (APS) to respond to maltreatment. 

APS has their place in enforcement, but many times a person or family needs evidence of wrong-doing in order to get the process rolling. As well, in order to create an effective civil case, deeper investigation (information, surveillance, witnesses, video, itc.) may be required to ensure the most successful outcome.

When someone uses patterns of abusive behaviour against another person, this is called Coercive Control. Over time, these coercive patterns can create fear that can lead to the removal of a person’s freedom and independence. This dynamic is typically a feature of domestic violence as well as elder abuse, normally happening in intimate and family relationships. Watch to see if an adult child or person is using coercive control against an older family member whom they are caring for. Nobody has the right to control, hurt, or make another person live in fear. 

The signs of coercive control can be hard to spot because the abuse can be subtle and targeted, and people experiencing coercive control may not realise they are being abused. People who use coercive control might even convince others that what they are doing is a normal part of family relationships or caregiving. Coercive control can involve a range of different behaviours, including physical and non-physical (emotional) abuse. This control can be difficult to identify, but it is very powerful and must be addressed as soon as it is identified. 

Here are some questions we use in an Elder Abuse interview…ask the elder person to see if anybody is doing these things to them:

Is anybody pressuring you into giving money or property to someone, or to change your will, power of attorney, or other documents?

Is anybody controlling who you talk to or spend time with, including stopping or threatening to stop you from seeing your family and friends? 

Is anybody not giving you the support and care you need, for example your medication, mobility equipment, food or drink?

Is anybody not letting you make decisions, or not including you in decision making, for example about your care or finances?

Is anybody making you doubt yourself, your memory, or your experiences?

Is anybody limiting, or threatening to limit, your access to medical and other services?

Is anybody forcing you to take on roles and responsibilities you don’t want, like regular free child minding or domestic duties?

Also, ask them if the FEEL:

Scared to ask for what they want?

Isolated and alone, or ashamed or confused aboutyour relationships with your family members?

Not in control of your life?

These questions may give you indicators of what may be happening to them.

Nothing tunes us up more than an elder person being abused in any way. We have always had an affinity and respect for the elderly, and the thought that somebody were taking advantage of one of our elder family members…well, that would be a bad thing indeed. We all need to pay attention to and advocate for the elderly. If you sense or see abuse, contact an attorney or contact us for direction or help.

We will investigate elder abuse cases and any cases where people with limitations that could make them vulnerable to exploitation or abuse.