lippincott nursingcenter | professional development for nurses · laws protect most people, having...
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Abuse, or mean, unfair treatment, in care facilities is a problem. Old,
disabled, and slow thinking residents are the most capable of being hurt. It is
the duty of all people who take car of other people to make sure that their
residents are protected from danger and harm. This educational program will
discuss different types of resident mistreatment and the mental, physical,
and financial effects. It will also discuss ways that workers can prevent,
report, and successfully deal with mean unfair treatment in a senior living
community.
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Residents in senior living communities are at risk for different forms of
theft. Some residents are alert and oriented but physically disabled. Some
are physically capable but in a thinking related way challenged. This puts
them at risk for identify theft, theft of money, small and unimportant thefts
and other forms for stealing. In addition they can be teased by staff. They
may be treated in a manner that is not respectful of who they once were
when they were fully functioning. It is hard to imagine that a person who
was once high functioning people in the world may find themselves left alone
and helpless in a room calling for help to go to the toilet with no one to
help.
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In the United States the definition of abuse can change. Abuse includes
emotional abuse, neglect, exploitation, abandonment and self-neglect.
Laws protect most people, having nothing to do with the victim’s age. For
example, criminal laws related to murder, attack, rape or sexual attack do in
fact protect older adults even though they may not be specifically talked
about in the language of the code section. People can be arrested for a wide
variety of illegal acts related to resident abuse.
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The most common form of unfair treatment of very old people related to
managing money. In New York it was found that financial exploitation was
related to poor thinking, home ownership, advanced age, and an inability to
manage money. In these cases, the mean person is usually not a relative and
has known the elderly person for a short amount of time. Most cases are are
scam phone calls instructing the old person to reveal their bank account and
social security numbers in order to receive their “lottery winnings.” This can
cause a loss of money and also identity theft.
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With unfair management related to money, the best place to start is to
watch behavior. There are certain warning signs that residents are capable of
being hurt. They are poor physical health, weak thinking, difficulty with daily
activities, and being totally separate from others. Those with poor physical
health are less likely to focus on money, whereas those with problems
thinking struggle to read banking statements. If an individual has difficulty
with daily functions, they may also have trouble handling money. Lastly, if a
person does not have a network of peers, they are more likely to experience
to money scams.
Often the abusers are people who have developed a trusting relationship
with residents. This makes older people easier to control or mislead, even if
they are able to think normally. Abusers may see themselves as deserving of
rewards, and force victims into money-based help. A resident’s family and
social network involved can help stop the unfair use of money. It is
important to be aware if a resident comes across scams, or if they have
made suspicious, new friends.
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It is important to see different ways that old people are treated unfairly and
other risk factors. There are several risk factors that make residents more
likely to experience to non-physical abuse. The research shows that being
alone away from others and problems with thinking put residents at the
highest risk of non-physical bad treatment. Old people who don’t have
children or close fiends, and depend on staff are more likely to experience
unfair treatment. These residents may be unable to manage their own money
and are targets for nonphysical abuse.
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The mental effects of resident mean and unfair treatment are many. There is
research that proves that residents who suffer physical abuse are at risk of
heart-related issues, such as “Broken Heart Syndrome”. It is possible that
there are physical and mental results or consequences to nonphysical abuse.
When the expectation of trust is broken between caregivers and residents,
residents may experience mental effects including depression, fear and
stress, confusion, and fear of people who take care of them.
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It is necessary to understand the different forms of resident poor treatment
and their possible risk factors. It is also important to be aware of common
abuser features. In conditions that surround poor management of money,
poorly behaved individuals are often not relatives. They have known the
elderly person for a short period of time and are less likely to have children.
People who take care of others who are in need of money can become
financially dependent on residents who have severe problems with thinking
and living or are advanced in age.
In the case of neglect, cruel people may be overloaded by the support
needed of them to care for residents. People who take care of others can
become overloaded by work stress and develop violent or cruel traits when
they are unable to handle care related to old people. Things that make it
more likely for a person to become cruel to old people include: staffing
shortage, poor training and supervision, and poor working conditions. Studies
have shown that educational support groups can help a bad situation get
better by improving thinking and actions. These groups also teach staff
about old pep[le so they know what to expect. Continuous ongoing training
for staff in the care of the residents is necessitated to curb elder abuse.
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Poor treatment of old people is happening in care facilities across the
country. However, there are certain numbers of people that are in more
danger of being treated unfaiily. According to the Adult Protective Services
database, nonphysical abuse victims, were on average 78.6 years of age.
Additionally, 66.5% were female and 66.5% were White. Over half of the
victims were widowed, and had known their abusers for an average time of
22 years.
Older women are more likely to have problems with other people taking
their money or not doing what is needed for their care. Having a husband or
wife can help to avoid unfair treatment. Old people trust the person who
later harms them with words, lack of attention and poor money
management.
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People who take care of people at a care facility must be aware of things
that can cause harm in different ways so that they may protect residents.
They need to understand the available information about people who may
cause harm to another person. According to the Adult Protective Services
database, the majority of nonphysical abusive individuals are white and
male, and more likely to not be a relative. These people are also more likely
to feel tired and not paid enough at work. Since many victims of money
problems are old with few relatives, the risk of the abuser being caught and
sent to court is reduced.
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Being totally separate and apart from others in a place has a strong
relationship to being treated by a trusted person in a bad way, especially if
there are limited family or friends to supervise care. People in this situation
are dependent on caregivers and may accept poor behavior in order to have
their primary needs met. It is important to note that social isolation can
happen in a senior living community also. In senior living communities
indirect caregivers should function as a fighter for residents and be alert to
signs of people who may be taking advantage of or mistreating residents.
Senior living communities can offer support and protection to residents that
they don’t have in a home setting. The experience of living with others can
in fact increase social opportunities for the resident which in turn may help
them to resist or report abuse.
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A 2013 survey categorized residential or in-home services settings as follows:
Family Home: A residence of person(s) with IDD which is also the home of
related family members in which the person(s) with IDD and/or their family
members receive supportive services (e.g. respite care, homemaker services,
personal assistance).
Host home/Foster Family: A home owned or rented by an individual or
family service provider in which they live and provide care for one or more
unrelated persons with IDD.
Group Home: A residence of any size owned, rented or managed by the
residential services provider, or the provider’s agent, to provide housing for
persons with IDD in which staff provide care, instruction, supervision, and
other support for residents with IDD.
Psychiatric Facilities: state residential facilities designed for persons with a
primary diagnosis of a psychiatric disabilities, (for example a mental health
facility) in which one or more residents with a primary or dual diagnosis of
IDD lives.
Other state-operated settings: state-operated facilities or units within
facilities that are specifically designated to serve people with IDD that are
funded with resources other than the ICF/IID or the Medicaid HCBS Waiver
programs.
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Intermediate Care Facilities for individuals with Intellectual Disability
(ICF/IID): an optional institutional Medicaid benefit that enables States to
provide comprehensive and individualized health care and rehabilitation
services to individuals to promote their functional status and independence.
Although it is an optional benefit, all States offer it, if only as an alternative
to home and community-based services waivers for individuals at the ICF/IID
level of care (Medicaid.gov).
Nursing home: A Medicaid-funded institutional setting offering skilled
nursing or medical care and related services; rehabilitation supports needed
due to injury, disability, or illness; and/or long-term care including health-
related care and services (above the level of room and board) not available
in the community, needed regularly due to a mental or physical condition.
Own home: A home owned or rented by one or more persons with IDD as the
person(s)’ own home in which personal assistance, instruction, supervision
and other support is provided as needed. In settings classified as Own Home,
the service recipient is able to remain in the home if the provider of services
changes whereas in provider owned or operated facilities, changing the
service provider requires the recipient to move to a new setting.
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There are several ways to assess resident abuse in a care-taking facility. It is
the responsibility of the indirect caregivers to be aware of the resident’s
baseline condition in order to take note of unusual circumstances. If the
resident is a perceived victim of abuse, the employee’s role is to report the
incident to their manager. All states have an agency tasked with investigating
reports of suspected elder abuse. For more information, refer to the
National Center of Elder Abuse’s website.
In elder abuse cases, prosecution is rare for many reasons. Reporting to the
Adult Protective Services increases chances of legal cases being filed at a
defense attorney’s office. Financial exploitation cases have the highest rates
of prosecution. However, criminal prosecution should be the last resort when
dealing with nonphysical abuse cases. Criminal prosecutions also occur less
often due to the victim’s inability to testify. A more psychosocial approach,
such as a support group, may serve victims better overall and save them
from legal fees.
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Indirect caregivers should regularly review with managers proper procedures
for reporting suspected abuse. Senior living facilities should have facility
specific policies and procedures for reporting elder abuse that align with the
state mandated elder abuse reporting laws. Those references should be
easily available and accessible.
If a resident’s life is in danger, this should be reported to 9-1-1 immediately.
If a non-life-threatening situation of elder abuse is suspected, the facility
should contact Adult Protective Services (APS) within 24 hours, the long-term
care ombudsman, and/or the local police department. Most states have 24-
hour hotlines available for elder abuse reporting. Adult Protective Services
keeps a permanent record of employees who have been charged with elderly
maltreatment. Whether an incident against a nurse is determined to be
founded or unfounded, the Board of Nursing is notified.
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Each state has specific laws addressing elder abuse. As an indirect caregiver
in a senior living facility, you should know about rules in your state.
Additionally, staff need to be aware of potential barriers to abuse reporting.
The prosecution requires many public resources from the district attorney’s
office, Adult Protective Services, and law enforcement. This costs money to
the court system.
Secondly, there are individual results for reporting elder abuse. Victims may
experience a fear of retaliation, and/or the feeling that nothing will be done
if the abuse or misconduct is reported. These fears are made worse if the
staff does not understand about the signs and symptoms of abuse. There is
also a fear that the staff employee who makes a report may feel that the
abuse happened while they were working, making trouble for them or one of
their coworkers.
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When there is concern about wrong doing it must be reported to the
appropriate Adult Protective Services agency as identified by individual state
laws (usually within 24 hours). As soon as wrong doing to an older person is
suspected, the staff must first make sure the resident is safe. Contact local
police if the resident suffered serious physical injury or theft. Do not touch
any evidence until after law enforcement arrives and conducts their
investigation. The employee identifying the abuse situation should notify the
charge nurse and/or middle manager so that the resident can be properly
assessed for trauma. This assessment should include detailed paperwork of
any abnormal behavior and injuries.
A facility incident report should be completed by the middle manager. They
must interview the resident, eye-witnesses and suspected abuser separately.
The facility supervisor or senior manager should then perform follow-up
interviews with the resident and suspected abuser. A standard protocol must
be set so that the facility has a familiar and exact procedure to follow in
each report of abuse. All staff should be continually educated and familiar
with this exact procedure.
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Indirect caregivers should immediately report suspected resident poor
treatment to management because managers can help prevent resident
abuse by reviewing paperwork for all newly hired staff. Background checks
should include abuse registries as well as criminal background.
Older adults who reside in senior living facilities should be encouraged to
have advance directives, living wills, and limited power of attorney
designations for financial and healthcare decisions. They must be mentally
able to understand and sign these legal documents. These few steps can help
reduce the risk of staff personnel exploiting or abusing residents.
Furthermore, it is important to account for which residents are at highest
risk of nonphysical abuse. Residents who have dementia, physical disability,
advanced age, and/or are without a close network of friends or family are at
the highest risk of abuse.
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Not only does filing criminal charges for treating a resident badly cause a
series of financial and organizational things that block moving forward.
Other efforts to prevent or fix the abuse case early are better than criminal
prosecution. Studies show that educational support group intervention is
effective in reducing negative mental behavior in caregivers while also
increasing their understanding of old people.
When organized carefully, educational support groups have important results
for caregivers. Studies have shown that many caregivers neglect residents
because they are overloaded by their work surroundings not able to deal with
people who can possibly be hurt. Individuals who participated in a group
which included both support and older person education experienced less in
mental older person violent or cruel behaviors.
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