Adult Protection Services (APS), similar to child protection services, ensure the safety, health and overall well-being of adults with special needs. APS, which is supported by state governments, serves all adults who are vulnerable to abuse or neglect or who are unable to care for themselves or protect themselves. This includes adults with disabilities of all ages, as well as the elderly. Most state laws that deal specifically with elder abuse establish reporting requirements (including penalties for mandated first responders who fail to report abuse); establishing procedures for the consideration of reports; and providing emergency response, guardianship, health care and other essential services. These laws strongly affect the functioning of the DPA. In California, for example, the Attorney General`s office appoints a single prosecutor to vertically prosecute cases in which individuals 65 and older have been victims of physical or financial abuse. The aim is to ensure more continuity and, ultimately, success in such cases. California has also established forensic examination teams to better identify and respond to suspected elder abuse cases. The federal and state governments, the District of Columbia, and some territories all have laws to protect older adults from physical abuse, neglect, financial abuse, emotional abuse, sexual abuse, and abandonment. On this page, you will find different types of state laws related to elder abuse. Persons accused of elder abuse may be prosecuted under the general penal code of a particular jurisdiction (e.g. assault, assault, fraud, theft, rape), but some states have enacted laws that provide explicit criminal penalties for elder abuse in its various forms. In addition, some state legislatures have passed harsher penalties for certain crimes against older adults.

Civil liability for elder abuse is handled at the state level, with some states allowing the reimbursement of punitive damages, court costs, and attorneys` fees in addition to damages. Nursing homes and other caregivers can be prosecuted for failure to provide adequate care, over-prescribing of medications, financial fraud, physical harm, and other forms of abuse or exploitation. The table in this document provides citations on state laws that authorize or create adult protective services (APS), residential violence programs, and long-term care ombudsman (LTCO) programs in each state. The federal government has passed several laws to protect elderly U.S. citizens from exploitation, neglect, and abuse. However, those concerned about family abuse should look at elder abuse laws by state. While federal laws serve as the foundation for protecting older adults, state laws can vary widely in their definitions of elder abuse, additional protections and penalties, and more. Elder abuse is the physical, sexual, psychological or financial exploitation or neglect of older adults who may not be able to defend themselves or take care of themselves.

Perpetrators of elder abuse may be strangers, family members, caregivers or guardians appointed by a judge. As the size of the senior population increases, the incidence of elder abuse is expected to increase, placing an additional burden on social services, health care and criminal justice systems responsible for protecting this population. “Vulnerable adult” means a person eighteen years of age or older who, because of a mental, developmental or physical disability, is unable to: (1) communicate or make responsible decisions to manage the person`s care or resources; (2) the performance or organization of essential activities of daily living; or (3) protect against misuse within the meaning of this Part. Specific regulations for elder care and state elder abuse laws can be hard to find and understand, but high-quality resources can help. (7) “Exploitation” means the act or process of exploitation of a senior by another person or person caring for an older person for profit, personal or other purposes. Such regulations may be drawn up by a public authority dealing with matters concerning older persons, by a health authority or by another competent authority. The abuser is often a family member. Victims are often too confused about the violence; be kept in solitary confinement; are unwilling to report a family member; or, if it is financial abuse, do not know it. Most experts agree that older persons are generally abused: indigenous peoples are sovereign and therefore subject to different laws. A list of laws specific to Native Americans is maintained by the National Indigenous Elder Justice Initiative. Talk to a lawyer who specializes in elder law to learn about your options and when you need to take action against abuse. The table in this document summarizes the laws on reporting abuse to adult protective services (APS) in each state.

Illinois passed the Illinois Elder Abuse and Neglect Act in 1988, which includes provisions to help law enforcement and social workers better respond to reports of elder abuse. This includes a mandate that elder care and other professionals in contact with people aged 60 and over who are unable to care for themselves report signs of abuse. (10) “vulnerable adult” means a person eighteen (18) years of age or older who is unable to protect himself or herself from abuse, neglect or exploitation due to physical or mental impairments affecting his or her judgment or behaviour, unless he or she has sufficient understanding or ability to make, communicate or implement decisions that affect him/her. APS social workers are the first to respond to reports of abuse, neglect, exploitation and related crimes involving older adults and other vulnerable adults, including reports of self-neglect. Generally, state laws dealing with elder abuse characterize a victim as an elder in 1 of 3 ways: Title 34. Chapter 15.