Reporting Older Adult Abuse
By FindLaw Staff | Legally reviewed by Laura Temme, Esq. | Last reviewed December 07, 2022
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Knowing what to look for can help you identify and report older adult abuse cases. Read on to learn more about what to do if you observe signs of elder abuse.
The U.S. Department of Justice estimates that about one in 10 adults over 65 are abused yearly. This can include dependent adult abuse and vulnerable adult abuse as well.
Elder abuse isn't limited to physical abuse but can also include:
- Sexual abuse
- Psychological or emotional abuse
- Financial abuse or exploitation
Older adult abuse is even more challenging because only about one in 23 cases are reported to authorities.
Underreporting Older Adult Abuse Cases
This trend of underreporting by victims of abuse can be due to several factors:
- An older adult's unwillingness or inability to report the perpetrator (who is often a family member or friend)
- Challenges with pointing fingers when the perpetrator is a trusted individual like an adult child or an attorney
- Mental incapacity or lack of understanding of the abuse
Cases are difficult when the best person to report the abuse is the perpetrator. Caregivers and healthcare providers are often "mandated reporters" who must report abuse. When they are the abuser, their victims may not get the help they need.
However, there are signs of elder abuse that others can observe. Medical professionals who regularly interact with older adults often see the first warning signs.
How Do I Report Older Adult Abuse?
If you suspect elder abuse, it's important to report it immediately. Abuse reporting helps prevent serious harm to the victim's health or assets.
Even if you're unsure whether such abuse is occurring, reporting your suspicions is an important first step.
The resulting investigation can:
- Determine whether an older adult is being abused
- Provide the adult with helpful information about abuse
- Bring awareness to loved ones and staff (which may protect the older adult from abuse in the future)
Every state also has its own Adult Protective Services (APS) agencies, which receive and investigate reports of elder abuse. They also conduct investigations and work closely with local law enforcement agencies if criminal activity is uncovered.
If you think an older adult is in immediate danger, contact local police right away.
Unlike typical investigations, APS investigations involve agents trained to deal with older victims. They can provide additional support services to victims of abuse.
For a list of APS agencies near you, contact your local social services agency or see the APS locator provided by the National Adult Protective Services Association (NAPSA).
What Does A Reporting Form Look Like?
A report of elder abuse doesn't need to be a formal, written report. All that is typically required is a telephone call to your local APS or social services agency.
Important information to include in a verbal or written report would be:
- The names and relationships of the parties and the person reporting
- The age and condition of the victim (physical health and mental state)
- Your specific observations and concerns (including dates of events and a timeline, if possible)
- Any concerns of immediate harm
- Any assets of the victim that may be subject to exploitation
- The location of the victim and the best way to contact them
- Other potential witnesses and their contact information
- Any relevant documents you may have (such as copies of emails, letters, powers of attorney, wills, or trusts)
You can ask the agency for an estimated timeline for their investigation. It is also helpful to ask for a description of their services.
Depending on the laws of your state, professionals who are in frequent contact with older adults may be required by law to report suspicions of elder abuse. This list typically includes medical personnel, police, employees in care facilities, social workers, or clergy.
Under federal law, the Elder Justice Act (EJA) requires reporting by anyone working in or with long-term care facilities that receive $10,000 or more in federal funds.
Individuals who are required to report suspicions of elder abuse will typically face penalties for failing to do so.
Mandatory reporting has a positive impact on states with expanded reporting requirements. These states have generally seen increases in the cases of elder abuse investigated by law enforcement.
Additional Resources and Legal Help
For additional information on elder abuse, see FindLaw's Elder Abuse Overview or the resources provided by the National Center on Elder Abuse.
If you suspect a case of elder abuse, you should also speak with an attorney specializing in elder law.
An attorney can help connect you with relevant reporting agencies and can advise you about any legal remedies that may be available. They can also provide unique assistance in protecting an older person's assets.
To find an elder law attorney near you, see FindLaw's lawyer directory.
Can I Solve This on My Own or Do I Need an Attorney?
- Complex abuse situations usually require a lawyer
- A lawyer will take these matters seriously and enforce protections
- Get tailored advice and ask your legal questions
- Many attorneys offer free consultations