The Colorado Legislature recently passed Colorado Revised Statutes 18-6.5-108 which took effect July 1, 2014. Under this new law certain professionals must report abuse, caretaker neglect and exploitation of at-risk elders. According to the statute, an at-risk elder is any person 70 years of age and older.

In the United States the population is aging rapidly. According to the Alliance for Aging in 2012 the Baby Boomer generation began turning 65 at the rate of one every 10 seconds or nearly 10,000 people a day. It appears that this trend will continue for at least the next 20 years.

According to a legislative report dated November 30, 2012 (S.B. 12-078), Colorado’s population grew 17% from 2000 to 2010. The report estimates that the number of Coloradoans age 70 and over will increase 28% by the year 2017 and 142% by 2032. As a result of this massive increase in the elderly population the Colorado legislature passed the new mandatory reporting of abuse and exploitation of at-risk elder’s law.

Under the Colorado mandatory reporting of abuse and exploitation of at-risk elder’s law, the following are mandatory reporters if they observe the abuse or exploitation of at-risk elders or if they have reasonable cause to believe that abuse or exploitation has occurred:

• Physicians, surgeons, physicians assistants, osteopaths, physicians in training, podiatrists, occupational therapists and physical therapists
• Medical examiners and coroners
• Registered nurses, licensed practical nurses and nurse practitioners
• Emergency medical service providers
• Hospital and long-term care facility personnel engaged in the admission, care or treatment of patients
• Chiropractors
• Psychologists and other mental health professionals
• Social work practitioners
• Clergy members (however there is an exception if the abuse became known through confidential communications in his or her capacity as a clergy member involving discipline by a religious body, see C.R.S. 13-90-109(1)(C))
• Dentists
• Law enforcement officials and personnel
• Court-appointed guardians and conservators
• Fire-protection personnel
• Pharmacists
• Community-centered board staff
• Personnel of banks, savings and loan associations, credit unions and other lending or financial institutions (however on July 1, 2016 this will change to require reporting only if the bank or other financial services personnel directly observe the abuse or exploitation)
• Caretaker, staff member, employee, or consultant for a licensed or certified care facility, agency, home or governing board, including home health providers
• Caretaker, staff member, employee of or a consultant for a home care placement agency

These mandatory reporters must report the suspected abuse or exploitation to a law enforcement agency not more than 24 hours after making the observation or discovery of the abuse or exploitation.

What forms can this abuse or exploitation take? It can be physical abuse such as when someone causes bodily harm to an at-risk elder by causing physical pain or bruising. It can be unreasonable confinement or restraint of the at-risk elder. It can also be emotional abuse.

Some of the indicators of Physical abuse are: 1) repeated visits to the emergency room; 2) bruises or injuries in various stages of healing; 3) unconvincing explanations of injuries; 4) isolating the at-risk elder from family and medical care.

Some examples of physical abuse of at-risk elders are: 1) a caretaker handling roughly the at-risk elder and causing pain; 2) leaving a non-ambulatory at-risk elder alone for long periods of time; 3) claiming to restrain an at-risk elder for “safety reasons” by restraining in a wheel chair or elsewhere using a rope of other material for long periods of time; 4) someone hitting, pushing or slapping an at-risk elder.

Another form of abuse of at-risk elders is sexual abuse. Sexual abuse means subjecting an at-risk elder to unlawful sexual conduct or contact. Some of the physical signs of sexual abuse of at-risk elders is: 1) difficulty in walking, sitting or standing; 2) torn, stained or bloody underclothing; 3) bruises, pain, bleeding or injuries to the genitals, breasts or anal area; 4) sexually transmitted diseases.

Some of the behavioral signs of at-risk elder sexual abuse are: 1) scared or timid behavior; 2) depressed or withdrawn behavior; 3) sudden changes in personality; 4) sudden avoidance or fear of other people; 5) doesn’t want to be touched; 6) resistance to certain caregiving tasks.

Caretaker neglect is one of most prevalent forms of at-risk elder abuse. This can occur when the at-risk elder’s caretaker fails to make sure the elderly person has adequate food, clothing, shelter, psychological care, physical care, medical care or supervision. Caretaker neglect can also occur when the caretaker does not provide these things in a timely manner or with the same degree of care that a reasonable person in the same situation would use. If you suspect caretaker abuse or any other forms of elder abuse or exploitation you should not only report it to law enforcement, but you should contact an experienced Colorado attorney to discuss your rights and the rights of the abused elder.

“Caretakers” are not just those paid to provide care for an at-risk elder. It can also include those who have assumed the responsibility for the care, with or without pay, or who have identified themselves as the caregiver. It can be a family member, home health provider, facility staff or a neighbor who has agreed to provide recurring assistance to help the elder meet basic needs. However, occasional shopping or cleaning for an at-risk elder does not mean that a “Good Samaritan” has assumed responsibility for the at-risk elder’s care.

Some of the signs of caretaker neglect are: 1) unusual weight loss, malnutrition or dehydration; 2) untreated physical problems, such as bed sores; 3) unsanitary living conditions, including dirt, bugs, soiled bedding, etc.; 4) being left in dirty, soiled clothing; 5) unsafe living conditions such as no heat or running water, faulty electrical wiring or other fire hazards; 6) being left alone when unable to self-care or protect themselves; 7) failure to provide food or water; 8) improper use of medications in order to “control” the at-risk adult; 9) lack of medical aids such as glasses, walkers or canes, teeth or dentures, hearing aids or medications when needed.

Some characteristics of the “abuser” that should be looked for are: 1) not allowing the at-risk elder to talk to others and isolation; 2) the abuser expresses unrealistic expectations of the elder (should be able to…); 3) previous history of abuse of others; 4) expresses anger and frustration with the elder; 5) blames the elder (e.g., accusation that incontinence is a deliberate act, etc.); 6) relates contradictory history when talking about the at-risk elder; 7) reacts inappropriately in situations with the at-risk elder; 8) aggressive behavior such as threats, insults or harassment.

It must be remembered that not all situations are caregiver neglect. At-risk elders do have the right to direct their own health care services. Elders do have the right to create “advance directives” or have their physician write orders about medication, medical procedures and devices; hospice care, living wills, do-not resuscitate orders; dialysis and artificial nutrition and hydration. These are not considered caretaker neglect.

At-risk elder exploitation means taking an at-risk elder’s money or other assets against their will or without their knowledge. It also means deceiving, harassing, intimidating or using undue influence to get the elder to do something against their will. This can include Guardians or Conservators using the elders assets for their own personal use; family members accessing the elders money or accounts to purchase items for themselves without permission; threatening to put the elder in a nursing home if he or she does not give the person money, etc.

Some of the signs of at-risk elder exploitation are: 1) personal belongings missing; 2) deviations in financial habits; 3) numerous unpaid bills when the means to pay them are available; 4) disparity between lifestyle and assets; 5) checks made out to cash, etc.

Abusers, neglecters and exploiters of at-risk elders are often family members, someone the elder knows and trusts or a caregiver. However, it can be anyone from neighbors, home care staff, a handyman, clergy, family, friends, hired help or anyone who has contact with the elder.

If at-risk elder abuse, neglect or exploitation is suspected it should be reported to law enforcement as soon as possible and you should contact an experienced Colorado lawyer to see about protecting the elder’s rights. If you are in the list of mandatory reporters set out above, you must report to law enforcement within 24 hours of discovery or suspicion. You need to report the name and address of the at-risk elder; a description of the alleged mistreatment or nature and extent of injury; the name and address of the alleged perpetrator if you have it and any other information you feel is relevant.

It is O.K. to report even if you just suspect something is wrong. As long as you are a mandatory reporter and you make the report in good faith you will be immune from criminal charges and civil lawsuits under the mandatory reporting statute. However, if you are the abuser you will not be immune.

Anyone who knowingly makes a false report or willfully fails to make a report of abuse or exploitation of an at-risk elder is guilty of a class 3 misdemeanor. If charged and convicted they could receive a fine of $750 or six months in jail or both.

After a report is made, law enforcement will share the report with Adult Protective Services within 24 hours. They will also notify the District Attorney’s office. Law enforcement or Adult Protective Services may investigate and a report will be provided to the D.A. who will decide of criminal charges are filed.
If you are a mandatory reporter and you suspect at-risk elder abuse or exploitation you should contact your local law enforcement agency or County Department of Human/Social Services within 24 hours of discovery.

If you suspect that your loved one has been the victim of elder abuse you should discuss the situation with an experienced Colorado attorney. Our attorneys provide a free initial consultation to help you evaluate your situation. If you or a loved one was seriously injured due to the abuse, neglect, or exploitation of another, you may be entitled to significant compensation for any medical bills and emotional distress.

Please feel free to contact us for a referral to an experienced Colorado attorney by calling (720) 457-5959 or http://familylawattorneyindenver.com