What Happens When You Report Elder Abuse to APS in Indiana?

When people talk about abuse, the first thing that comes to mind for many people is abuse against children or domestic violence. However, older adults are also vulnerable to abuse, neglect, and exploitation. If you know of a vulnerable older adult being abused or neglected, you can report the situation to Adult Protective Services (APS).

People often hesitate to report abuse because they fear being wrong or getting caught up in a difficult situation. If you report elder abuse to APS in Indiana, APS will keep your name confidential unless a court orders otherwise. An investigation may be opened, and an APS investigator may be involved. While they might reach out to you, they do not have to inform you about the status of the case. If you are unsure what to do, speak to an attorney. In some cases, people who know about abuse but fail to report it may be criminally charged. Your lawyer can help you do the right thing while avoiding legal trouble.

Call Wruck Paupore at (219) 322-1166 and ask our Indiana nursing home abuse lawyers for a free review of your case to get started.

What Happens After Reporting Elder Abuse in Indiana?

Suppose you believe an older adult in your life, perhaps a parent or grandparent, is being abused or exploited. In that case, you can report the abuse to Adult Protective Services (APS) in Indiana. If you are hesitant about making a report, you are not alone. People tend to resist reporting suspected abuse because they worry about the consequences if their suspicions are incorrect.

If you choose to report elder abuse to APS, you do not have to worry about the suspected abuser finding out about you. Reports are confidential. Your name will not be disclosed without a court order or the consent of all people named in the report, including you. If you are uncomfortable being involved in the case, you do not have to be. Once you report the abuse, you can step back and allow APS to handle things while you remain anonymous.

An investigator from APS might contact you for more information. Rest assured, the investigator will not disclose your identity. However, APS typically does not discuss open cases and will likely not provide any details about the status of an investigation. This means that you cannot inquire about the status of the victim or whether any action was taken against the suspected abuser. However, if criminal charges are pressed against the abuser, you might be contacted by law enforcement.

In some cases, abused adults do not receive help despite the best efforts of investigators. The vulnerable adult at the heart of the investigation may refuse help or other services. While this can be a difficult pill to swallow, we must remember that they are an adult and have the capacity to make their own decisions. APS investigators cannot force people to accept help, even if they need it.

How an Attorney Can Help You with an Indiana Elder Abuse Case

Filing a report about elder abuse with APS, law enforcement, or some other government agency or entity requires a lot of information. Simply stating that you have a gut feeling or a hunch about the abuse is not enough. You should also consider how the report might affect you in the future, legally speaking. Our Indiana nursing home abuse attorneys can help you gather the facts before you file a report and help you prepare for what might happen.

First, your lawyer can help you gather the necessary information to file a report. You must provide information about when, where, and how the abuse occurred. The more information you can supply in your report, the more likely the person being abused will get help. If you are unclear on anything, your lawyer might be able to help you fill in the gaps.

Many people are afraid of being roped into a complicated criminal trial or even having the tables turned and being implicated in the abuse. Your lawyer can advise you on how to help your loved one while also protecting yourself. For example, there are consequences for failing to report abuse under I.C. § 35-46-1-13(a). A person who has reason to think that an endangered adult or a person of any age with a mental or physical disability is being abused, battered, neglected, or exploited and knowingly fails to report the abuse may be charged with a Class B misdemeanor. Does this apply to you? You might be unsure, and your lawyer can help.

Identifying Elder Abuse in Indiana

An important part of reporting elder abuse in Indiana is articulating what the abuse looks like. The authorities are more likely to take your report seriously if you can provide concrete details about the abuse and who is perpetuating it.

Physical Abuse

Physical abuse against older adults is more common than many people realize. If you know of an older person who has been or is being assaulted or battered, you can file a report with APS and the police. If you witness the assault and battery happening in real time, you should call 911 and get emergency help. If you believe the assault and battery is part of a history or pattern of abuse, get APS involved.

Physical abuse is not always intentional acts of violence. In many cases, older abuses are neglected to the point of experiencing bodily harm. For example, older adults who are left to languish in their beds often get painful bed sores and infections, which may cause their health to deteriorate the longer they are left untreated.

Verbal and Emotional Abuse

Abuse is not always physical. It often occurs verbally and inflicts emotional rather than physical damage. For example, a frustrated or disgruntled caregiver might be taking their anger out on an older patient or client. Maybe the victim is being emotionally abused by a spouse or family member. Even adult children can become emotionally or verbally abusive toward their older parents. While emotional abuse can be harder to identify, it should be reported.

Financial Abuse

Older adults tend to have more money in the bank than younger people because they have many more working years under their belt and larger savings or retirement funds. As such, financial abuse and exploitation are common in elder abuse cases. Family members often perpetrate financial abuse. Maybe the victim's kids are taking advantage of their parent’s declining cognition and stealing their savings. Maybe a caregiver tricked their patient into signing over money, accounts, or assets. Financial abuse can be a significant problem for vulnerable adults who can no longer support themselves because they have been financially drained.

Contact Our Indiana Elder Abuse Lawyers for Help Immediately

Call Wruck Paupore at (219) 322-1166 and ask our Indianapolis nursing home abuse lawyers for a free review of your case to get started.