Elder Abuse FYI
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Elder Abuse Law



Overview

Elder abuse laws are currently in place in all fifty states and the District of Columbia. Although they vary widely in specifics (such as eligibility requirements, definitions, classification, procedure, and possible remedies), the laws share recognition of our nation's elder abuse problem and a desire to address it. Most states' current elder abuse laws are based on pre-existing child abuse laws. In most states this means that, physical abuse and neglect are covered by the law, but problems like financial exploitation are not.
As national awareness of elder abuse increases, some cities and states are both creating broader legislation and providing a greater degree of help for senior citizens. The Los Angeles District Attorney's Office, where the first "Elder Abuse Section" was initiated, is one example. The Section prosecutes tax preparation workers, con artists, and attorneys, along with nursing homes, caretakers, and family members. The L.A. District Attorney's Office provides a glimpse at the more comprehensive approach toward elder abuse law that is ensuing in many parts of the country.

Federal Law on Elder Abuse

Federal law on elder abuse diverges from the example of child abuse law in that it does not establish services or shelters for victims. Instead, the law mainly provides definitions of abuse. It also allows funds to be used by states and local communities to organize elder abuse prevention and awareness activities.

Adult Protective Services Laws

Adult Protective Services (APS) laws have also been enacted in all fifty states and the District of Columbia. APS provides the means for reporting and investigating cases of elder abuse, as well as offering social services to the victims. Because APS typically serves only people with legal disabilities or vulnerabilities, not all senior citizens are protected under APS laws. Also, in some states, APS laws only cover victims of domestic abuse, excluding those suffering institutional abuse.

Reporting Elder Abuse

Who must report
The list of people required to report known instances of elder abuse includes elder or dependent care custodians, health practitioners, APS employees, and law enforcement personnel.

Where to report
Elder abuse can always be reported to local law enforcement agencies. APS agencies can also be notified and, if the abuse occurs in a long-term care facility, the local LTC ombudsman may be informed as well.

Penalty for not reporting
The penalty for not reporting a known or suspected case of elder abuse may be a $1,000 fine or six months in jail.

Confidentiality
Anyone of able mind retains the right to refuse assistance or undesired interference in his or her situation. Discussions about cases of elder abuse are protected by privacy laws.

 

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