I have recently experience this problem. I think the operative phrase (thanks, Janie) is , "whether or not they believe the individual suffers from cognitive impairments, such as dementia."
In other words, if the elderly is of sound mind, there is little that can be done by a third party. It is the elder that must name the abuse and the abuser and in many cases they will not do that for fear of being sent to a home or being abandoned. It is very difficult for the elderly to tell a social worker that they are being abused, especially by a family member. Although the threat of abandonment is definitely abuse, to the elderly it is a very real possibility.
If, however, guardianship has been established, the power rests with the guardian and, once again, the abusive guardian is often a skilled manipulator. If the guardian is an alcoholic, drug abuser or chronic gambler it is quite likely they are robbing the elder as well. In some States, this is considered a felony offense.
Like most laws, this law only works if it is enforceable. Unless there is obvious physical abuse and unless there are alternatives to the present living situation, its just another sad situation. The biggest problem is that the elderly often have no alternative or at least they think they have none. By the time someone is able to step in, they are so frightened and confused, they will keep the abusive care giver rather than deal an unknown situation.
Believe me, I know about this problem and you have no idea how sad it is to be a family member of an elder who is being mistreated and robbed by a "mooch". I tried to get through to the 'Elder Abuse Hotline' with absolutely no luck. I always got the busy signal. When I returned to Canada, I hired a lawyer. The lawyer was able to have the situation investigated. It was anonymous. Unfortunately, there was little they could do other than put a scare into the abuser, take a look at the financial records, advise the elder of her rights and make a few suggestions. It cost a couple of hundred dollars but it was worth the peace of mind.
The situation has improved - the elder has been empowered and knows that someone is concerned about her best interests (even if she doesn't know who it is). Its best to stay anonymous, especially when it involves family.
I hope this helps and I hope that others are paying attention to the living conditions of elders in the neighborhood. It doesn't take much time to drop in once in awhile to make sure their needs are being met and that they are safe. Some day you may need the same consideration. Offer to pick up some groceries or drive them to the dr. Believe it or not, a trip to the beauty salon or the barber can make a very big difference in their lives. Pamper them with a manicure or a pedicure. Do whatever you can to make their lonely lives a little brighter.
Susan - When my grandmother was no longer able to attend church, she really looked forward to visits from the minister. It was the highlight of her week. When he was replaced by a new minister, who didn't have time for home visits, it was very hard on her. She complained bitterly and felt that the congregation had really let her down. Apart from her family, the minister was her only social contact. She would prepare for his visit days in advance. She declined rapidly when she lost touch with her church.