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Tuesday, February 12, 2013
The Elder Abuse and Neglect Act, which became law in 1988, was implemented under the management of the Illinois Department on Aging (IDOA). The Act directs the IDOA to organize an intervention program that champions the cause of abused and neglected elders and alleged victims as well.
Here are some highlights of the Act you need to know before hiring an Illinois nursing home lawyer.
In order for local agencies to extend support and aid to elders who are or may be abused and neglected by family, household members or caregivers, the Act ensures that they get the financial support they need from the IDOA.
With enough funding, a local agency can then respond to reports of elder abuse or neglect and take the necessary actions to protect him or her.
The identity of those who file a report on behalf of the elder, or under the belief that such action is in the elder’s best interest, cannot be revealed by the designated local agency or by the IDOA, unless with a court order or that person’s consent.
As of January 1, 1999, the law specifically requires a certain group of individuals, called mandated reporters, to make reports of suspected cases of senior abuse and neglect.
Mandated reporters are professionals in fields as diverse as medicine, nursing, social services, elder care, and law enforcement. These professionals are exempt from any criminal or civil liability, or professional disciplinary action.
Such mandatory reporting applies only when the senior is unable to seek help for himself or herself because of dysfunction. Local agencies and the IDOA continue to encourage voluntary reporting among seniors who have the ability to report themselves.
For those who suspect nursing home abuse or neglect, consult an Illinois nursing home attorney for a detailed review of your loved one’s case.
The Act lays down the procedure on how local agencies should handle a report of abuse. Upon receipt, the designated agency should make a face-to-face contact with the alleged victim of abuse or neglect. The agency’s first visit to the elder’s residence may also include interviews with family, household members or other people who may have knowledge of the senior’s condition. No person, including family members, has the right to stop case workers from visiting or meeting the senior.
If there’s probable cause to believe that abuse or neglect has occurred, the designated local agency must plan a service care blueprint and discuss it with the senior to meet his or her needs. Recognizing the senior’s right to self-determination, his or her consent is necessary before the agency can deliver a service.
Seniors, or people aging 60 or above, have the right to be taken care of. While Illinois has several statutes that protect senior citizens, The Elder Abuse and Neglect Act is the most important. The Act ensures that seniors get the quality of care and help they need especially when it comes to resolving abusive situations. The IDOA and local agencies work hand and hand to protect seniors from abuse and neglect.
If you suspect a case of elder abuse or neglect, you can call the IDOA hotline at 800-252-8966, 8:30 to 5:00 Monday through Friday, or to 800-279-0400 evenings, weekends, and holidays.
If you need legal assistance, make sure to make an appointment with an Illinois nursing home abuse attorney at Malman Law.
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Bella Feinstein, Jason Kellerman, and Terry Davey, have been instrumental in helping me though many difficult situations. Not only did they work to get my mom a settlement, they have continued to help me through the legal process of relocating my mom to a different state. I’m very grateful for their hard work and good advice.
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Mr. Kellerman of Malman Law shows compassion for his clients. Returns calls and emails promptly, takes time to listens to his clients and gather facts accordingly.
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My experience with Malman Law was great. I worked with Attorney Tiffany Alberty and her assistant Margie. Both communicated what was going on with my case, explained next steps and got my case to resolved early. I would highly recommend Malman Law.
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2 years ago I was involved in a trucking accident involving a 14-wheeler truck that nearly disabled me for life. Steve fought to make sure that I received the most possible compensation for my injuries. I was about to take the insurance company’s lowball offer, but decided to call Steve first – it was the best decision I’ve made yet
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