Yes, under both Maryland and federal law, exploitation is a form of nursing home abuse. Many people think of abuse as only physical harm, but exploitation can be just as damaging and deeply violating.
The idea that someone might take advantage of a vulnerable senior, especially in a place meant to protect them, is heartbreaking. It’s natural to feel overwhelmed and unsure of what to do next. This article will help you understand what exploitation looks like, how Maryland law addresses it, what steps you can take if you suspect it, and how a Baltimore nursing home abuse lawyer can support you in protecting your loved one’s dignity, rights, and future.
What Is Exploitation in a Nursing Home Setting?
Exploitation in a nursing home refers to the illegal or improper use of an elderly resident’s resources for someone else’s benefit, often without the resident’s knowledge or fully informed consent.
Financial exploitation is a common form of abuse and may include unauthorized withdrawals from a resident’s bank account, coerced changes to wills or powers of attorney, forging checks or misusing other financial resources, or pressuring a resident to “gift” valuables. But exploitation isn’t limited to money. It can also mean misusing a resident’s identity, stealing personal belongings, or even emotionally manipulating them for personal gain.
The perpetrators can vary. While staff members and caregivers are most commonly responsible, other residents, facility administrators, or visiting family members can be involved.
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Is Exploitation Legally Recognized as Abuse?
Yes, exploitation is explicitly recognized as a form of nursing home abuse under both federal law and Maryland state law.
At the federal level, the Older Americans Act defines elder abuse to include not only physical and emotional harm and neglect but also exploitation, particularly the misuse of a senior’s income, resources, or property. This classification ensures that federal protections and resources apply to victims of financial or material exploitation.
In Maryland, the law is equally clear. While Maryland technically considers abuse, neglect, and exploitation as separate offenses, physical abuse, emotional abuse, sexual abuse, neglect, and financial exploitation are widely considered elder abuse. This can encompass any improper use of a nursing home resident’s assets, regardless of whether the act was committed by a caregiver, staff member, or third party.
In legal terms, if someone is exploiting your loved one’s trust, finances, or personal property, they are committing abuse and can be held accountable under Maryland law.
What to Do If You Suspect Exploitation of a Nursing Home Resident
Discovering or seeing warning signs that your loved one is being exploited in a nursing home or assisted living facility can be deeply upsetting, but it’s essential to act quickly and thoughtfully. Maryland law offers several avenues for concerned family members to intervene and seek protection for vulnerable adults.
You should:
Talk to Your Loved One (If Safe and Appropriate)
Begin by gently asking open-ended questions in a calm, private setting. Some residents may be unaware they’re being exploited, while others may feel too afraid or ashamed to speak up. Approach the conversation with empathy, not judgment.
Understand that your loved one may be unwilling to share that they are suffering abuse. Trust your gut and continue investigating if you believe your loved one is being abused, neglected, or exploited.
Report Concerns to the Facility
If you feel comfortable, raise your concerns with the nursing home’s management or administrator. In some cases, this may lead to internal investigations and immediate remedies. However, this should not replace formal reporting.
File a Report with Maryland Adult Protective Services (APS)
Maryland’s APS program investigates allegations of abuse, neglect, and exploitation of vulnerable adults. Reports can be filed anonymously and can prompt state intervention.
Contact the Maryland Long-Term Care Ombudsman Program
This independent advocate can help long-term care facilities and their families resolve complaints about nursing home care and mistreatment, including exploitation. They offer a confidential, resident-focused approach.
Taking swift action not only helps stop ongoing exploitation but can also prevent it from happening to others.
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Gathering Evidence of Exploitation
If you suspect your loved one is being exploited, collecting evidence is crucial in building a strong case. In Maryland, as in other states, documentation and witness accounts can distinguish between suspicion and proof. You or your lawyer should collect the following:
- Financial Records: Gather bank statements, credit card bills, and any records of unusual transactions. Look for large withdrawals, sudden changes in spending patterns, or new accounts opened in your loved one’s name.
- Legal Documents: If there have been recent changes to wills, powers of attorney, or deeds, try to obtain copies. Sudden or unexplained revisions can be a red flag, especially if a new “trusted” individual is named.
- Personal Belongings and Inventory Lists: Document any missing items like jewelry, electronics, or family heirlooms. Photos or purchase receipts can help establish ownership and value.
- Communication Logs: Keep notes on suspicious phone calls, frequent visits from a specific person, or staff interactions. If a caregiver has become unusually controlling or limits access to your loved one, note it.
- Eyewitness Testimonies: Statements from other residents, family members, or staff who may have witnessed suspicious behavior can add credibility to your case.
- Written Timeline: Start and maintain a detailed journal documenting every incident, concern, or conversation related to the suspected exploitation. Dates, times, names, and direct quotes are critical in an investigation or legal proceeding.
By being proactive and organized in collecting this information, you strengthen your case, empower your loved one, and help ensure they receive the justice and protection they deserve.
Call or text (888) 585-2188 or complete a Free Case Evaluation form
How a Maryland Nursing Home Abuse Lawyer Can Help
When a loved one has been exploited in a nursing home, families often feel overwhelmed, confused, and unsure of how they can help their loved one. A Maryland nursing home abuse lawyer from our firm can be an invaluable ally throughout this challenging journey.
We can help by:
- Investigating the Allegations or Suspicions: A lawyer on our team can help uncover the full extent of the exploitation. They know what records to request, how to interview witnesses, and how to spot red flags in financial and medical documents. They aim to build a compelling, evidence-based case that holds wrongdoers accountable.
- Protecting the Victim’s Rights: Our attorneys understand the legal protections Maryland offers to nursing home residents. They can intervene quickly to prevent further harm, whether through emergency legal measures like guardianship petitions or by notifying the proper authorities.
- Understanding Intricate Laws and Procedures: Nursing home cases often involve layers of regulations, facility policies, and federal/state statutes. A lawyer from our firm will ensure that claims are filed within statutory deadlines and that procedures are followed precisely, avoiding delays or dismissals.
- Pursuing Civil Compensation: If the exploitation has caused financial loss or emotional harm, we can seek compensation through a civil lawsuit. This may include restitution for stolen funds, pain and suffering, and other damages.
- Providing Compassionate Support: Above all, a lawyer from our firm will act as a guide and advocate. They take the burden off your shoulders—managing paperwork, negotiations, and legal strategy—while treating your family with respect and empathy.
Whether the goal is financial justice, facility accountability, or simply peace of mind, legal support makes a profound difference. Families deserve to know that someone is fighting alongside them to protect their loved one’s safety, dignity, and rights.
Contact a Maryland Nursing Home Abuse Attorney Today
Exploitation is a serious and legally recognized form of nursing home abuse. If you suspect that a loved one is being taken advantage of, it’s important to trust your instincts and take action. The signs may be subtle, but the consequences can be profound.
With the support of a Maryland nursing home abuse lawyer, you don’t have to face this on your own. Jenner Law is here to help you protect your loved one’s well-being, assert their rights, and hold those responsible accountable—because every senior deserves safety, dignity, and respect in their care.