Elder Justice Act of 2006
Protection against Elder Abuse and
improved long term care.

 

 

Elder Abuse Is a Serious Problem

The cold fact is that each year hundreds of thousands of older persons are abused, neglected, and exploited by family members and others. Many victims are older, frail, and vulnerable and cannot help themselves and depend on others to meet their most basic needs.

At the state level, every legislature has passed some form of elder abuse prevention laws. Laws and definitions of terms vary considerably from one state to another. Even so, all states have established reporting systems. Generally, adult protective services (APS) agencies receive and investigate reports of suspected elder abuse.

The 2004 Survey of State Adult Protective Services, funded by AoA, found the following:

  • A 19.7 percent increase from 2000 – 2004 in the combined total of reports of elder and vulnerable adult abuse and neglect;
  • A 15.6 percent increase from 2000 – 2004 in substantiated cases;
  • In 20 of the states, more than two in five victims (42.8%) were age 80 or older;
  • Most alleged perpetrators in 2003 were adult children (32.6%) or other family members (21.5%), and spouses/intimate partners accounted for 11.3% of the total (11 states responding).

Generally Accepted Definitions

Elder abuse is a general term referring to any knowing, intentional, or negligent act by a caregiver or any other person that causes harm or a serious risk of harm to a vulnerable adult.

This type of abuse might consist of:

  • Physical abuse - inflicting, or threatening to inflict, physical pain or injury on a vulnerable elder, or depriving them of a basic need.
  • Sexual abuse - inflicting non-consensual sexual contact of any kind.
  • Emotional or psychological abuse - the infliction of mental or emotional anguish or distress on an elder person through verbal or nonverbal acts.
  • Financial or material exploitation - the illegal taking, misuse, or concealment of funds, property, or assets of a vulnerable elder.
  • Neglect - refusal or failure by those responsible to provide food, shelter, health care, or protection for a vulnerable elder.
  • Self-neglect - the behavior of an elderly person that threatens his/her own health or safety.
  • Abandonment - the desertion of a vulnerable elder by anyone who has assumed the responsibility for care or custody of that person.

Reporting Elder Abuse

You can report elder abuse by contacting APS through your state’s hotline. APS screens calls for potential seriousness. It keeps the information it receives confidential. If the situation possibly violates state elder abuse laws, APS assigns a caseworker to conduct an investigation (in cases of an emergency, usually within 24 hours). Then, if the victim needs crisis intervention, services are available. Even if no elder abuse is found, most APS agencies will coordinate efforts with other community agencies to obtain any social and health services that the older person needs.

The older adult has the right to refuse the services offered by APS. For that reason, APS provides services only if the senior agrees, or, if the senior has been determined to be incompetent by the court, if agreed to by the senior's court appointed guardian.