Collecting evidence of elder abuse : trickier than you think

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While many people may criticize those New Yorkers who put loved ones in nursing homes or assisted living facilities, the decision to do so is often difficult. Most people don’t want to take their parents from their homes and put them in the care of strangers, but sometimes it is impossible for older individuals to care for themselves or care for a spouse. Moreover, adult children have a lot on their plate and cannot always provide the level of care an aging parent may need. So, in some instances, a nursing home is the best option available.

Although most nursing homes are safe, there are always going to be reports of elder abuse. As we talk about in an article posted to our website, if someone in New York suspects that a loved one is the victim of abuse, it is important to work with an attorney to determine the appropriate course of action. If the attorney can prove that the family member has been abused, he or she can likely get some compensation for the family, but getting evidence is not as easy as one may think.

The obvious solution would be to videotape or create an audio recording of evidence. There are many people in New York who do just that, installing “Granny Cams” in their relatives’ rooms. Though these may indeed capture evidence of abuse, they may also be embarrassing and violate an individual’s privacy rights. Because New York law does not expressly allow for these kinds of cameras, it would be best to work with an attorney to find other ways to collect evidence.

Moving a loved one into a nursing home may be a difficult decision to make, but it should not be made harder for fear of elder abuse.