Legal Definitions - abuse of the elderly

Abuse of the Elderly refers 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 aged 60 or older. This broad term encompasses various forms of mistreatment, including physical injury, emotional distress, sexual assault, financial exploitation, and neglect of basic needs. It often occurs in situations where there is a breach of trust or a power imbalance, with the abuser being a family member, caregiver, or someone in a position of influence over the elder.

• Example 1: Neglect in a Care Facility
  An 88-year-old resident in an assisted living facility, who requires assistance with feeding and mobility, is consistently left in soiled clothing for extended periods and frequently misses meals because staff are too busy to help her. She develops a severe urinary tract infection and significant weight loss as a result.

  Explanation: This scenario illustrates abuse of the elderly through neglect. The facility staff, acting as caregivers, are failing to provide the essential care (hygiene, nutrition) that directly causes physical harm and deterioration of health to a vulnerable elder.

• Example 2: Financial Exploitation by a Family Member
  A 75-year-old man with declining cognitive abilities is pressured by his grandson to sign documents granting the grandson access to his bank accounts. The grandson then withdraws large sums of money for personal use, leaving the elder unable to pay his utility bills and rent.

  Explanation: This is a clear example of financial exploitation, a form of elder abuse. The grandson, taking advantage of his grandfather's vulnerability and trust, is illegally or improperly using the elder's assets for his own benefit, causing significant financial harm.

• Example 3: Emotional and Physical Abuse by a Caregiver
  A 92-year-old woman, who relies on a home health aide for daily care, is regularly subjected to verbal insults and threats by the aide, such as "If you don't do what I say, I'll leave you alone all night." On one occasion, the aide roughly grabs the woman's arm, leaving a bruise, when she resists taking medication.

  Explanation: This example demonstrates both emotional and physical abuse. The aide's verbal threats inflict psychological distress and fear (emotional abuse), while the forceful grabbing of the arm, resulting in a bruise, constitutes physical abuse against the vulnerable elder.