For the vulnerable elderly and disabled, silence can be just as painful as actual abuse, neglect, self neglect and exploitation. Unless the silence is broken, help never comes.
There are vulnerable adults in Idaho who are unable to protect themselves from abuse or exploitation by others. There are also vulnerable adults who are neglected by persons caring for them. Still other vulnerable adults are unable to care for themselves and have no one else to help them.
Adult Protective Services helps to protect vulnerable adults by investigating reports of Abuse, Exploitation, Neglect and Self Neglect of Vulnerable Adults. Adult Protective Services works with the individual, the family and other agencies to find solutions.
The Idaho Adult Abuse, Neglect and Exploitation Act (Idaho Statute Title 39 Chapter 53) defines the following:
A vulnerable adult is an adult who is unable to protect themself from maltreatment because of:
- A mental, physical, or developmental disability;
- A degenerative brain disease
- An inability to communicate or implement decision regarding his person; or
- Other infirmities of aging in an older adult.
Physical abuse: Means the infliction of physical pain, injury, or unjust chemical or physical restraint on a vulnerable adult’s condition or death where:
-The vulnerable adult’s condition or death is not justifiably explained;
-The history given concerning such condition or death is at variance with the degree or
type of the condition or death; or
-Circumstances indicate that such condition or death may not be the product of an
accidental occurrence.
Exploitation means an action which may include, but is not limited to, the unjust or improper use of a vulnerable adult’s financial power of attorney, funds, property, or resources by another person for profit or advantage.
An action that may include, but is not limited to, the unjust or improper use of a vulnerable adult’s financial power of attorney, funds, property, or resources by another person for profit or advantage
Means the illegal or improper use, control over, or withholding of the property, income, resources, or trust funds of a vulnerable adult by any person or entity or for profit or advantage other than for the vulnerable adult’s profit or advantage. The term financial exploitation includes but is not limited to:
- The use of deception, intimidation, or undue influence by a person or an entity in a position of trust and confidence with a vulnerable adult to obtain or use the property, income, resources, or trust funds of the vulnerable adult for the benefit of a person or an entity other than the vulnerable adult;
- The breach of a fiduciary duty, including but not limited to the misuse of a power of attorney, trust, or guardianship appointment that results in the unauthorized appropriation, sale, or transfer of the property, income, resources, belongings, or trust funds of the vulnerable adult for the benefit of a person or an entity other than the vulnerable adult; or
- Obtaining or using a vulnerable adult's property, income, belongings, resources, or trust funds without lawful authority by a person or an entity who knows or clearly should know that the vulnerable adult lacks the capacity to consent to the release or use of their property, income, belongings, resources, or trust funds.
Self-neglect: Means failure of a vulnerable adult to provide for himself or refusal to accept support needed to obtain food, clothing, shelter, or medical care reasonably necessary to sustain life and health of the vulnerable adult.
A Long-term Care Ombudsman (LTCO) is a specially trained and certified advocate who works to improve the quality of life and the quality of care of residents living in long term (residential and skilled nursing) care facilities. Ombudsman works for residents in long-term care facility all services are confidential and free of charge.
If you have concerns about issues in a long-term care facility you can file a complaint by letter, phone, or in person. Often times concerns can be cleared up with just a simple conservation.
The local Ombudsman for Southeast Idaho Area V Agency on Aging:
Under the federal Older Americans Act (OAA) every state is required to have an Ombudsman Program that addresses complaints and advocates for improvements in the long-term care system. Each state has an Office of the State Long-Term Care Ombudsman, headed by a full-time State Long-Term Care Ombudsman who directs the program statewide. Across the nation, staff and thousands of volunteers are designated by State Ombudsmen as representatives to directly serve residents.
The Idaho LTCO program protects and advocates for the health, safety, welfare, and rights of individuals residents residing in skilled nursing homes, assisted living facilities, and other similar adult care facilities. The Ombudsman work to resolve problems individual residents face by investigating complaints, providing interventions on behalf of residents, and effect change at the local, state, and national levels to improve quality of care. In addition to identifying, investigating, and resolving complaints,
Ombudsman program responsibilities include but are not limited to:
Ombudsman programs do not:
Residents do not lose any of their rights of citizenship, including the right to vote, to religious freedom and to associate with whom they choose.
Residents have the right to privacy whenever possible, including the right to privacy with their spouse, the right to have their medical and personal records treated in confidence, and the right to private, uncensored communication.
Residents have the right to exercise their rights, including the right to file complaints and grievances without fear or reprisal.
Residents have the right to possess and use personal property and to manage their financial affairs.
Residents have the right to information, including the regulations of the home and the costs for services rendered. They also have the right to participate in decisions about any treatment, including the right to refuse treatment.
Residents have the right to live at home unless they violate publicized regulations. They may not be discharged without timely and proper notification to both the residents and the family or guardian.
Residents have the right to be free from mental or physical abuse and from physical or chemical restraint unless ordered by their physician.
Residents have the right to equal care, treatment and services provided by the facility without discrimination.
Residents are honored guests and have the right to be so treated.
When you are considering an assisted living facility or nursing home for yourself or family member you will want to visit and compare facilities before making a decision. Some facilities offer specialized care for those suffering from Alzheimer’s disease or dementia. Some facilities are private pay while others accept Medicaid.
Looking for the best place for yourself or a loved one? Use this interactive checklist to guide your decision!
The Idaho Senior Medicare Patrol (SMP) program helps us prevent, detect and report health care fraud. The program relies on volunteers in our local communities to provide education and one-to-one counseling to help us protect our identity and identify other types of Medicare fraud:
Additionally, there are educational opportunities (Scam Jams) for consumers and the public to learn about other types of fraud:
We can use the area map below to find the nearest provider to us. Also, to the right, “Quick Tips” and “Resources” are available to better assist us with finding reliable information and supports.
Many Medicare recipients are not aware that programs exist to reduce expenses: Medicare Part D Prescription Drug Program , Low-Income Subsidy and Medicare Savings Program.
The MIPPA program relies on volunteers who are active in their local communities to conduct outreach and provide education about these programs that may help us reduce Medicare costs. MIPPA staff and volunteers work to:
To learn more, contact a MIPPA Coordinator nearest to you.
We can use the area map below to find the nearest provider to us. Also, to the right, “Quick Tips” and “Resources” are available to better assist us with finding reliable information and supports.
Save On Medicare Costs! Senior Health Insurance Benefits Advisors (SHIBA) offers free, unbiased Medicare benefits information and assistance. For questions, contact SHIBA. Phone: 1-800-247-4422
Become A Host Agency or Volunteer Contact the MIPPA Coordinator nearest you for information.
You should now have your new Medicare card- If you haven’t received your card sign in to MyMedicare.gov to get your number and print your official card or you can call 1-800-MEDICARE (1-800-633-4227)
Not sure if you qualify for a Medicare Savings Program (MSPs)? Use the 2020 MSP Eligibility and Coverage chart to see if you qualify…
The Area V Agency on Aging located in Pocatello provides information and support which maximizes independence and quality of life for older adults, 60 years of age and older, individuals with disabilities and vulnerable adults 18 years and older.
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