Defending Against Elder Abuse Allegations
Elder abuse accusations arise from misunderstandings, family disputes over money, and false reports to adult protective services. As your elder abuse lawyer, I protect you against charges involving older adults in nursing homes, assisted living facilities, or home care situations.
Common elder abuse allegations include:
- Physical abuse claims from falls or medical conditions mistaken for assault
- Financial abuse accusations when family members manage an elderly person’s personal property or assets
- Elder neglect charges based on sudden changes in health unrelated to medical care provided
- Sexual abuse allegations from confused or mentally declining older adults
- Emotional abuse claims stemming from necessary boundaries or informed decisions about medical treatment
Comprehensive Defense Strategy
Investigation and Evidence Collection
I examine medical records, financial documents, and witness statements to expose false accusations. Elder abuse cases often involve financially exploited family members fighting over inheritance, or healthcare professionals scapegoated when nursing home employees fail to provide proper care. Medical malpractice, identity theft, and financial scams by third parties often get blamed on innocent caregivers.
Challenge Adult Protective Services Claims
Adult protective services launch investigations based on suspected abuse reports that lack evidence. As an elder abuse lawyer, I hold accountable those making false reports and challenge protective services findings that ignore medical explanations for injuries. Many elder abuse allegations stem from conditions requiring extensive medical care, not abuse.
Defend Against Financial Exploitation Charges
Financial elder abuse charges arise when family members help an older person with banking, investments, or personal property management. Prosecutors claim improper use or unauthorized use of funds without understanding dependent adult civil protection arrangements or power of attorney agreements. I demonstrate legitimate financial transactions and expose financial fraud by other parties targeting seniors.
Protect Healthcare Workers and Facility Staff
Healthcare professionals at assisted living facilities, nursing homes, and medical care facilities face elder abuse accusations when residents suffer harm despite proper care. I defend against claims that healthcare workers caused injuries when the reality involves pre-existing conditions, refusal of medical treatment, or unavoidable complications in frail older Americans.
Oregon Elder Abuse Laws and Penalties
Oregon takes elder abuse accusations seriously, with consequences ranging from misdemeanors to felonies depending on alleged harm to the victim. Convictions carry prison time, fines, and permanent criminal records that end careers in healthcare and elder law. An experienced elder abuse lawyer understands these stakes.
Criminal Consequences:
- Physical abuse charges can result in assault convictions with years in prison
- Financial abuse of an elderly person brings theft charges and restitution orders
- Elder neglect accusations against family members or nursing home employees lead to criminal endangerment charges
Civil Liability:
- Civil elder abuse lawsuits seeking compensation for medical expenses, emotional distress, and wrongful death claims
- Treble (triple) damages under Oregon law for economic and non-economic losses
- Attorney fees, conservator fees, and court costs awarded against those found liable
- Even unsubstantiated accusations trigger investigations costing thousands in legal assistance and destroying reputations
- Can result in loss of caretaking license and employment opportunities
Defending Complex Elder Abuse Cases
Family Disputes Over Care and Money
Many elder abuse accusations stem from family members disagreeing about an older adult's care or fighting over assets. One sibling claims another committed financial elder abuse when helping with bills. Relatives accuse each other of elder neglect when disagreeing about assisted living placement. I expose ulterior motives and demonstrate proper care decisions.
False Allegations from Confused Older Adults
Older persons suffering dementia or memory loss make accusations against loved ones who never abused them. Healthcare workers get accused of sexual abuse by confused residents. I, as an elder abuse lawyer, present medical evidence showing the elderly person's diminished capacity and inability to accurately recall events.
Nursing Home and Assisted Living Facility Cases
When residents at assisted living facilities suffer injuries, management blames individual employees to avoid liability. I defend nursing home employees and healthcare professionals wrongfully accused when the facility failed to provide proper care, adequate staffing, or safe environments for vulnerable adults.
Financial Scam Defenses
Older Americans fall victim to financial scams, identity theft, and financial fraud by criminals. Family members discovering missing money then accuse caregivers of financial exploitation. I investigate third-party involvement and demonstrate you protected, rather than abused, the older adult's assets.
Why Choose Southwell Law
- Proven success defending complex crime cases
- Over 95% success rate
- Deep understanding of Oregon elder crime laws and legal defenses
- Transparent communication with real-time case updates
- One predictable flat fee with no hidden costs
- Aggressive protection of your rights throughout legal proceedings
