Elder Abuse Exhibit Guide

Recognizing and documenting abuse

• Dated photographs of injuries or neglect

  Bruises, bedsores, unsanitary conditions, weight loss -- photograph everything with timestamps

• Incident log with dates and details

  Written record of each observed incident including who was present and what happened

• Medical records showing injuries

  ER visits, doctor assessments, and treatment notes that document the physical evidence

• APS intake report and case number

  Your initial report to Adult Protective Services with the assigned case number for tracking

• Witness statements

  Written accounts from family members, neighbors, CNAs, or other visitors who observed concerning conditions

Gathering medical and financial evidence

• Complete medical records

  Treatment history showing timeline of injuries, hospitalizations, and changes in condition

• Bank and financial statements

  Account records showing unauthorized withdrawals, transfers, or spending pattern changes

• Forged or suspicious documents

  Power of attorney changes, deed transfers, or beneficiary modifications made under questionable circumstances

• Medication records

  Pharmacy records, MAR sheets, or pill counts showing missed doses or overmedication

• Insurance and billing records

  Explanation of benefits, billing statements, or Medicaid records showing financial irregularities

Organizing exhibits for court or APS

• Chronological incident timeline

  A clear timeline of events with dates, linking each incident to supporting documents

• Facility inspection reports

  State health department surveys, deficiency citations, and any plans of correction

• Communication logs

  Emails, letters, and notes from calls with facility staff, social workers, or the alleged abuser

• Prior APS reports or complaints

  Any previous reports filed against the same individual or facility showing a pattern

• Care plan and assessment documents

  The facility care plan compared to actual conditions to show failures in required care

Guardianship proceedings preparation

• Guardianship petition and court filings

  The petition itself, any objections filed, and court scheduling orders

• Medical capacity evaluations

  Physician assessments of the elder's capacity to manage personal and financial affairs

• Current power of attorney documents

  Existing POA, healthcare proxy, or advance directives and when they were executed

• Financial accounting records

  If contesting a guardian: their required accountings, spending records, and any discrepancies

• Letters from treating physicians

  Doctor statements about care needs, cognitive status, and whether current arrangements are adequate

Protective orders and emergency relief

• Emergency protective order petition

  Your petition for immediate protection with supporting affidavit

• Evidence of imminent danger

  Recent incidents, escalating pattern, or threats that show the elder faces immediate risk

• Police reports

  Law enforcement reports documenting abuse, theft, or welfare checks

• Restraining order documentation

  Any existing orders, violations of those orders, and enforcement actions

• Safe placement documentation

  Evidence of alternative living arrangements or care options available for the elder

What is the Elder Justice Act and how does it apply to my case?

The Elder Justice Act (42 U.S.C. section 1397j) is the first federal law specifically addressing elder abuse, neglect, and exploitation. It requires states that receive certain federal funds to have Adult Protective Services programs that investigate reports of abuse against adults age 60 and older. The Act also funds Long-Term Care Ombudsman programs that investigate complaints in nursing homes and assisted living facilities. While it does not create a private right of action, it establishes the federal framework that state APS agencies operate under.

How do I report elder abuse to Adult Protective Services?

Every state has an APS hotline, and most accept reports by phone, online, or in writing. You do not need proof to file a report -- a reasonable suspicion is enough. Provide the elder's name, location, the type of abuse or neglect you suspect, and any specific incidents with dates. Keep your intake number and the name of the person who took your report. In most states, APS must begin an investigation within 24 to 72 hours for cases involving immediate danger.

What evidence do I need for a guardianship hearing?

Guardianship hearings typically require a physician's evaluation of the elder's mental and physical capacity, evidence that the proposed ward cannot manage their personal or financial affairs, documentation of the current living situation and care needs, and proof that less restrictive alternatives (like power of attorney) are insufficient. If you are contesting an existing guardianship, you will also need the guardian's financial accountings and evidence of mismanagement or neglect.

Can I get an emergency protective order for an elder?

Yes. Most states allow emergency protective orders when an elder faces imminent danger of abuse, neglect, or exploitation. You will need evidence of recent incidents or escalating risk -- photographs of injuries, medical records, police reports, or witness statements. Emergency orders are typically granted on an expedited basis, sometimes within 24 hours, and remain in effect until a full hearing can be scheduled.

Are sensitive elder abuse documents safe in ExhibitPrep?

Yes. ExhibitPrep processes all files in your browser. Medical records, bank statements, photos of injuries, APS reports, and guardianship documents are never uploaded to any server. Your files stay on your device from upload through download. That matters when you are handling records that contain medical diagnoses, financial account numbers, and Social Security information.