Elder Abuse
1. How is elder abuse a problem in the United States?
Approximately one million elderly Americans are victims of abuse, mostly women over the age of 75, often by their own caretakers. Elders who depend on relatives or neighbors find it hard to protect themselves against this abuse. Often, abused elders feel they should put up with the abuse because the abuser also provides necessary care. In 1993, the Legislature passed the Adult Protective Services Act, N.J.S.A. 52:27D-407. Below are a few terms covered in the act.
2. What constitutes elder abuse?
Under the act, abuse is defined as any willful infliction of physical pain, injury or mental anguish, unreasonable confinement, or the willful deprivation of services that are necessary to maintain a person’s physical and mental health.
3. What constitutes elder neglect?
Neglect is defined as an act or failure to act that results in inadequate provision of care or services, which may result in serious injury or is life-threatening.
4. What constitutes the exploitation of a senior?
Exploitation means the act or process of illegally or improperly using a person or his or her resources for another person’s profit or advantage. An example would be the misuse of a person’s money or possessions.
5. Who is defined as a vulnerable adult?
A vulnerable adult is defined as a person 18 years of age or older who resides in a community setting and who, because of physical or mental illness, disability or deficiency, lacks sufficient understanding or capacity to make, communicate, or carry out decisions concerning his or her well-being, and is the subject of abuse, neglect or exploitation.
6. What are the legal reporting implications of reporting elder abuse?
A person who has reasonable cause to believe that a vulnerable adult is subject to abuse, neglect or exploitation may report the information to the county adult protective services provider or the local police. The person making such a report is immune from civil and criminal liability arising from the report. An employer or other person may not take discriminatory or retaliatory action against an individual who makes such a report.
7. Who makes the evaluation, determination and referral whether protective services are required?
The county adult protective services provider makes an evaluation and a determination regarding whether or not protective services are required. A referral is then made to the appropriate agency, hospital or organization.
8. How can a court order be obtained?
A court order can be obtained to provide such services. The county adult protective services provider is authorized to initiate guardianship, conservatorship or civil commitment actions if a permanent change in living situation is required. Criminal activity by a caretaker would be reported.
9. When will a criminal report be issued?
The county director of adult protective services is authorized to report criminal activity on the part of a caretaker to local law enforcement officials.
