Putting Survivor's in the Driver's Seat: Civil Legal Remedies' Role in Combatting Elder Abuse

• Pages: 87-90
• Date: 01 May 2025
• Published date: 01 May 2025
• Author: Jessica Brock

Bifocal 46 Issue 5

87

Using civil legal remedies to combat elder

abuse can be an eective way to stop abuse

and make clients whole again. In many cases,

civil remedies are preferred by older adults experi-

encing abuse, and in many cases, civil remedies are

the only way to attempt to stop and address abuse and

exploitation. This article explores some civil remedies

available to older adults experiencing abuse or ex-

ploitation.

Why Civil Legal Remedies in Elder Abuse Cases?

Survivors of elder abuse have often been stripped of

control over parts of their lives. The perpetrators ex-

plicitly or implicitly tell the older adult that their voice

does not matter. When older adults seek to report the

abuse to law enforcement or others and no action is

taken, this can be received as conrmation that their

experience and their voice do not matter. Civil litiga-

tion oers survivors a forum to regain control and be

heard, the value of which cannot be overstated.

Civil litigation begins with a prospective client con-

tacting an attorney for legal advice or legal assistance.

The process is client-initiated. In completing an intake

or speaking with an attorney, the older adult has the

opportunity to tell their story. In the client meeting,

an attorney presents the client with available remedies

along with the pros and cons of each. The client gets

to decide which remedies, if any, to pursue, and if at

any point in the litigation the client wants to stop the

process, the client has the power to do so.

The power to choose whether to proceed with civil

litigation and to choose the course of action are es-

pecially important to survivors who do not want to

see the perpetrator go to jail or “get in trouble.” This

is most common in cases where the perpetrator is a

child or grandchild. The older adult wants the abuse

or exploitation to stop, and they generally also want

their assets or property returned. But they do not want

“harm” to come to their child or grandchild in the

process. The assurance that they can determine what

redress is sought, if any, is reassuring to this kind of

client.

The criminal justice process does not oer this power

and control to the older adult. A criminal case begins

with a report to law enforcement. Police reports are

then sent to local prosecutors for review, and prose-

cutors decide whether criminal charges will be led

against the alleged perpetrator. If criminal charges are

led, the objectives and outcome of the criminal case

are up to the prosecutor. Survivors may be consulted

about their wishes, but the course of a criminal case is

ultimately up to the prosecutor. The older adult cannot

unilaterally pump the brakes.