If you suspect elder abuse or neglect in Montana, you should report it to Adult Protective Services (APS) or, if you think the elder is in immediate danger, call 911. When reporting elder abuse to APS, you can either give your name or remain anonymous.
What Types of Elder Abuse Can You Report in Montana?
Abuse of an elder may include sexual abuse, emotional abuse, neglect of the elder’s physical needs, self-neglect when an elder can no longer care for themselves properly, or financial exploitation.
Abuse may be inflicted by family members, carers, or nursing homes, and, in the case of neglect, may even be self-inflicted. When you report elder abuse in Montana, you must specify what form of abuse you suspect they are suffering.
Remaining Anonymous When Reporting Elder Abuse
If you are concerned about revealing your identity in an elder abuse investigation, you can remain anonymous. However, you must still furnish your personal particulars when completing the APS elder abuse reporting form.
Although this might sound like you are not reporting anonymously, the organization will maintain complete confidentiality. Your name will not be mentioned in connection with the investigation.
What Else Can I Do If I Suspect Elder Abuse And Want to Report It?
To report elder abuse to the APS, you must furnish a great deal of information. For example, you must give the particulars of people you suspect of perpetrating the abuse and people who you believe have knowledge of the abuse. You must also give details of the incident that gave rise to your complaint.
If you only suspect elder abuse, it can be difficult to furnish all the required information. You may know something is wrong, but be unsure of the circumstances and who is to blame. In the end, you may file a report that falls short of the criteria that would give rise to an urgent investigation.
Many people consult lawyers when they are concerned about the well-being of their elderly relatives. A Montana personal injury lawyer with experience in elder abuse or neglect cases will be willing to help you gather evidence and file your complaint.
Financial Abuse of Elders
Not all abuse involves physical harm and neglect. Some people take advantage of the trust of the elderly, abuse the power of attorney, or simply scam them into parting with their financial assets. The Montana Commissioner of Securities and Insurance (CSI) offers the services of its Financial Abuse Specialist Team (FAST).
It partners with other state agencies, including APS, to investigate the financial abuse of elders. The organization cites a nationwide annual figure of $28.3 billion lost to elders who have been exploited financially, underlining the importance of being aware of financial abuse.
What if an Elder or Their Legal Guardian Refuses Help?
Several issues may complicate intervention even when elder abuse has been proven. For example, an elder may refuse assistance. APS notes: “If you are being abused, it’s your right to decide what is right for you.”
It also notes that a person with legal guardianship over an elder may refuse services on their behalf. Since this person may be the abuser, may benefit from financial abuse, or simply does not care, this can be problematic.
These circumstances reinforce the need for professional assistance to prevent further abuse, but the process to do this may involve a great deal more than working with APS. For example, if the person refusing assistance is not of sound mind or has a guardian who refuses to allow any action to be taken, families may petition the court for guardianship or conservatorship.
Safeguarding The Elderly From Abuse is a Responsibility We Should All Take Seriously
As people age, they may become increasingly vulnerable and may even feel dependent on someone who is taking advantage of them. Family members and acquaintances should be very alert to signs of abuse and neglect in Montana, reporting it if they become suspicious.
At times, it is easy to find alternatives that are suitable for the elderly individual in question. At others, it may be necessary to attempt a more complex intervention. In all instances, having a competent legal advisor will be beneficial.