Senior abuse question

[jym626]

Rules for Involuntary hospitalization for evaluation/observation vary by state. Here, a person will be transported to an emergency receiving facility and there will be evaluated to determine, assuming they don’t sign in voluntarily, if they meet criteria for a 72 hour (not counting weekends holidays) involuntary admission.

Actually, it looks like that is the same process in PA.

Once a 302 is authorized, the individual will be taken to an emergency room by the police or ambulance for an evaluation by a physician to determine if they need to be admitted for involuntary psychiatric inpatient treatment. If the individual is admitted they may be kept no longer than 120 hours unless a petition for a 303, Extended Emergency Involuntary Treatment, is filed by the hospital.

Extended Emergency Involuntary Treatment (aka “a 303”)

If the doctor determines that additional inpatient days are needed the hospital will file a 303 Commitment Petition with the Courts for Extended Emergency Involuntary Treatment. If additional inpatient days are not needed, the individual will be discharged from the hospital within 120 hours. A 303 hearing is held at the treating hospital to determine if further treatment beyond the initial 120 hours is necessary.

The petitioner can initiate the 302, and have the person transported to a facility/ER for evaluation by a medical professional to determine if the person is in need of the 3 day involuntary admission (a 303). The petitioner cannot directly have the person hospitalized for 3 days.

[MomofWildChild]

The problem is that the petitioner can lie convincingly and there goes the 3 days.

[jym626]

Sometimes. But the psychiatrists who evaluate these patients in the ER have seen both sides of the coin. That said, in this day and age, many docs are better safe than sorry when it comes to risk assessment.

[TS0104]

I like @CateCAParent 's advice to strengthen the social networks around the woman. Can your mom just try to spend more time with her? And to encourage her to reach out, just socially, not in a legally involved way, to the immigrant friends? As Cate says, isolation would provide a fertile ground for the abuse, but if the woman is alone less, and has more social ties (hence, witnesses), perhaps this would cause the abuser to have less opportunity and would prevent the problem from escalating.

[cptofthehouse]

@CateCAParent

Elder law attorney here. The options depend on your state and local government. You are in a tough spot because what you know you know second hand. Police well checks and a report to adult protective services are options for you, but Honestly don’t expect much. No offense intended to those who do that work, it is just that they are usually overworked.

Do you want to get involved? Because if you do, probably the first step is simply to spend time with her. Isolation is a major marker of elder abuse. The more people spend time with her the better for lots of reasons - loneliness is a huge health problem for the elderly. Also, if the abuser blocks your access, then you have personal experience that you can report to the authorities. To be clear, I am not suggesting you do anything confrontational whatsoever. Just socialize.

These situations are awful and complicated. I guarantee you there is more to it than what you see. But elder abuse is absolutely an epidemic. I am glad you are paying attention. The challenge can be finding a way to help that doesn’t up-end the elder’s life. She deserves to be treated with dignity, and you don’t want to put her in more danger. Proceed gently.

I agree fully with this. From what I have seen, if the abused does not want to cooperate, very little can get done. I see this in other domestic abuse situations as well.

If any report is given, it should be made clear that a translator is needed.

I am aware of many situations where elderly are kept hostage by caretaker (usually one of their children) and nothing works. Often there is that issue of what the alternatives are in someone watching out for the elderly person. My DH’s aunt is in less than ideal circumstances, but she needs someone living with her, and her cheating , stealing , controlling son is the only one available, and she’s not about to bounce him out on his duff.
There are siblings, other children, but no one else can quit work and move in with her. So everyone looks the other way unless things get way out of hand and then they step on him, there is a scene and things calm down for a while.