Legal Definitions - willful neglect

Willful neglect refers to a deliberate or reckless failure to fulfill a duty of care, often towards a vulnerable person, where the individual responsible knows or should know that their inaction will likely result in harm or a significant risk of harm.

It is more than just an accidental oversight or simple negligence; it involves a conscious decision not to act, or a severe, intentional indifference to the well-being of someone for whom one has a responsibility.

• Example 1: Care of a Vulnerable Adult

  An individual is appointed as a caregiver for an elderly relative with advanced dementia who requires constant supervision, regular meals, and daily medication. Despite being fully aware of these critical needs, the caregiver intentionally leaves the relative alone for extended periods without food, water, or medication, and ignores their calls for help. This deliberate abandonment leads to severe dehydration and a medical crisis for the elderly relative.

  This demonstrates willful neglect because the caregiver consciously and deliberately failed to provide essential care, fully aware of the vulnerable relative's dependence and the potential for serious harm from their inaction.

• Example 2: Parental Duty to a Child

  Parents are repeatedly informed by school officials and medical professionals that their child has a serious, treatable medical condition requiring specific medication and regular follow-up appointments. Despite understanding the severity of the condition and the necessity of treatment, the parents consciously decide not to administer the medication or attend the scheduled appointments, believing the condition will resolve on its own without intervention. This deliberate refusal to seek or provide necessary medical care leads to a significant and preventable worsening of the child's health.

  This is an example of willful neglect because the parents, despite knowing their child's medical needs and their legal and moral duty to provide care, deliberately chose to withhold necessary medical treatment, resulting in harm to the child.