Older Adult Abuse Law

Elder abuse is a serious issue that can affect your older adult loved ones. It’s important to understand the warning signs of elder abuse, how to report it, and available legal protections.

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The specifics of elder abuse laws vary by state and can be overwhelming to navigate. Find local legal help.

Elder abuse can take many different forms. It can be physical, emotional, sexual, psychological, or financial. Also termed “older adult abuse,” it includes intentional harm, neglect, undue influence, self-neglect, and abandonment of an elderly person or vulnerable adult.

The good news is that awareness about older adult abuse is growing, and there are valuable resources available for both victims of elder abuse and their families. There are also several laws that protect the rights of older adults.

Continue reading to discover how you can protect the well-being of your older loved ones by understanding elder abuse, recognizing its types, and identifying warning signs.

State and Federal Elder Abuse Laws

Most states have laws addressing elder abuse. Understanding these laws is essential as a friend or family member. They can serve as valuable tools to protect your older adult loved ones in case they ever experience elder abuse.

The exact definition of elder abuse for each form of abuse varies from state to state. States also have public services and government agencies, like Adult Protective Services (APS), that offer protective services for older adults.

Each state has its own organizations and agencies, but they must cooperate with federal laws and agencies, such as:

• The Elder Justice Act (EJA)
• Older Americans Act (OAA)
• Department of Justice’s (DOJ) Elder Justice Initiative (EJI)
• Age Discrimination in Employment Act
• Department of Health and Human Services

States typically also use training and research from abuse organizations like the National Center on Elder Abuse (NCEA) and the National Institute of Justice (NIJ).

Common Types of Elder Abuse

Many elder abuse cases happen in places like long-term care facilities or nursing homes. Sometimes even family members or others close to someone end up being the abusers. Many abuse complaints also pop up when older folks don’t feel respected by nursing home staff or other caregivers.

Common forms of elder abuse include:

• Physical abuse
• Emotional abuse
• Sexual abuse
• Psychological abuse
• Financial abuse
• Withholding mental health care
• Withholding accommodations for disabilities
• Neglect of basic needs and well-being
• Self-neglect
• Elder mistreatment
• Abandonment
• Domestic violence

Abuse also includes financial exploitation, like tricking or pressuring an older person into signing a contract or misusing the older adult’s money.

Neglect is another form of abuse when a caregiver fails to provide for the older adult’s needs. Then there’s elder abandonment, which occurs when a caregiver permanently leaves an older person at a public place like a park or mall.

Why Does Older Adult Abuse Occur?

Elder abuse can occur for several reasons. Nursing home staff or medical care providers may be overworked or undertrained. A family member might be overwhelmed by the responsibility of caring for an older person and show frustration by berating or otherwise abusing them.

Abuse includes neglect and abandonment, and it’s not uncommon for a family member to conclude they don’t have the time or money to care for the older adult.

How Common Is Elder Abuse?

Statistics are hard to come by because many incidents go unreported. Some studies estimate that only one in 24 elder abuse cases is reported. States also have varied and sometimes imprecise definitions of abuse.

For example, neglect and abandonment are often used interchangeably, even though they describe different forms of abuse.

There are more reports of older adult abuse every year, but it’s unclear whether that means the problem is worsening, older adults are becoming more aware of their rights, or both.

Warning Signs of Abuse

Being aware of warning signs is crucial in protecting our older loved ones. Whether it’s physical pain like bruises or subtler changes in mood and habits, these signs can indicate potential abuse

If a loved one suddenly shows a downward change in mood or outlook, that may be a sign of emotional abuse. If they experience sudden weight loss or regular hygiene isn’t maintained, they may be experiencing neglect. If they start to experience unexplained financial losses or discrepancies in their accounts, they may be a victim of financial abuse.

Communication is key. Talk openly with your older loved ones about any concerns you may have and address any warning signs right away.

Discussions with older loved ones about their financial future, health, and well-being can be emotionally charged and difficult to navigate. A local elder law attorney can explain your legal options and help protect your loved one’s rights as you plan for the future together.

Laws Against Older Adult Abuse

There are both federal and state laws against elder abuse. For example, federal law requires staff at certain nursing homes to report abuse within specified time frames.

Many states have also passed laws to discourage financial exploitation, such as requiring large print and clear explanations in contracts involving an older adult.

Some states require nursing homes to provide elderly residents with supervised recreation to guard against neglect.

Familiarizing yourself with these laws is important, especially if someone you care about lives in an assisted living facility. Nursing homes and assisted living facilities have rules they must follow, and staff must respect the rights of the people living there. Knowing these laws helps you make sure you and your loved one are treated fairly and with respect.

How an Attorney Can Protect Your Older Loved One From Abuse

If you or your loved one is experiencing elder abuse, contact an attorney today. An elder law attorney can explain federal and state elder abuse laws and help you understand the rights and protections in place for older adults.

An attorney can also help report elder abuse and take legal action against the abuser.

FindLaw’s directory of elder law attorneys can get you started. Enter your city or ZIP code for a list of qualified legal professionals near you. Because your state’s laws are relevant, your attorney should be licensed in your state. Your search results will also show important details about prospective attorneys, like ratings and whether they offer free case evaluations.