Legal Resources for Idaho Seniors
For more information on common financial scams and how to report them to the appropriate agencies or officials, please review our Common Financial Scams Flyer or Brochure below.
For other information regarding common digital scams, please visit: https://www.seniorlifestyle.com/resources/blog/protect-your-parents-from-common-digital-traps/.
This brochure was created by Idaho Legal Aid Services and provides general legal advice to seniors regarding Power of Attorneys, Living Wills, Wills, etc.
We have also created a guided informational program relating to End of Life Planning in Idaho. These guides are available in English and Spanish and can be accessed via the links below.
Seniors and their family, neighbors, friends and caregivers will find this Guide helpful. The Guide gives general information about legal issues that seniors frequently encounter and offers practical options for each situation. It will also give direction on where to look and who to call for more detailed information.
No guidebook can cover every single legal issue or give advice on your unique situation. However, we hope that this Guide will give you a better understanding of what to expect, what questions to ask, and what you can do next.
This Guide is not copyrighted and any of its pages may be copied for anyone who wants or needs it. We encourage you to view and download a copy by visting this link. You may need to talk to a lawyer about your unique situation. This Guide gives general information on legal issues. It is not a substitute for an opinion from an attorney or legal advice about your particular case. It also does not create an attorney-client relationship with Idaho Legal Aid Services or anybody else.
What is “elder abuse?” Elder Abuse has many forms. It can mean any mistreatment of a senior. Examples include confinement, neglect, abandonment, bodily injury, unwanted sexual contact, verbal intimidation and threats, and financial exploitation.
Myth: “We don't have that problem in our community.”
Fact: Abuse is often not seen or recognized. Some people believe that elder abuse is not a problem in their community. Unfortunately, every community, no matter the size, nationality, income, or religion, has its share of invisible seniors suffering from abuse, neglect or exploitation.
Myth: “It's just part of growing old.”
Fact: Abuse is preventable. It should not be tolerated by anyone. Every senior deserves respect, and no one should tolerate abuse. No senior should be physically harmed, deprived of food or medicine, sexually harassed, unreasonably coerced to live where they don’t want to, or have their money or property misused or stolen.
Elder Abuse May Look Like:
- Emotional and verbal abuse
- Physical abuse or restraint
- Neglect
- Financial exploitation
- Not letting other friends or family members see the elder
- Abusers may be: family members, caregivers, trusted friends
Civil remedies. If you are the victim of abuse, neglect, or financial exploitation, one remedy you have is the ability to revoke a power of attorney document if the person named in that document is not acting in your interest. You also have the option of bringing a civil lawsuit against an abusive party. A civil lawsuit is a non-criminal case that seeks money to compensate for physical or financial harms. For example, if an adult child took money from a senior’s bank account without her permission, a civil lawsuit could be filed to try and get the money returned. If you are interested in pursuing a civil lawsuit, you may want to talk with an attorney about your case. Another option available to victims of physical or sexual abuse is the Civil Protection Order (CPO), which orders an abusive family member or household member to stay away from you. To get a CPO, you apply at the local courthouse and give a sworn statement.
Criminal remedies. Criminal remedies are focused on punishing a person who has violated the law. Several Idaho laws protect seniors from fraud, theft, physical abuse, neglect, and unwanted sexual contact. If you suspect that you are a victim of a crime, you can call the police and they will investigate. Filing criminal charges can be helpful in ensuring your safety by getting an abuser behind bars and because you can request a No Contact Order in some criminal cases.
What to know:
- You shouldn’t have to live in fear or violence.
- You don’t deserve abuse. It’s not your fault if someone is abusing you.
- You can make decisions for yourself.
- People should have your permission to make decisions for you.
- You can find help.
- Many people have experienced what you are going through.
Know who to call: If you or someone else is in danger, call 911. If you are suffering from ongoing abuse or neglect, call Adult Protection Services. Adult Protection Investigates allegations of abuse, neglect, self-neglect, and exploitation of vulnerable adults. Adult Protection can work with the police, Health and Welfare, nursing homes, banks and lawyers to investigate and address cases of abuse and neglect. If you, a neighbor, friend, or family member is suffering abuse or neglect at the hands of an another person, call Adult Protection Services. You can learn more about Adult Protection on the Idaho Commission on Aging’s website: www.aging.idaho.gov.
Get Involved: The Idaho Justice Alliance for Vulnerable Adults (JAVA) is a network of organizations and individuals working to prevent elder abuse through action and education. JAVA’s vision is to help its members work together towards an Idaho where every vulnerable adult is visible and valued. You can visit their website at javaidaho.org.
Idaho Commission on Aging: The Idaho Commission on Aging (ICOA) helps provide Idaho’s seniors with basic necessities like transportation, nutrition, in-home services, and respite care. ICOA helps seniors remain independent and avoid going into an institution.
Visit the Aging and Disability Resource Center at www.aging.idaho.gov to find helpful information for people planning long term care, to get help applying for government benefits, and to get answers to many of seniors’ most common questions about their rights and options. You can also contact the ADRC by calling 1-800-926-2588.
