What is Elder Abuse?
Elder abuse is a 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. The specificity of laws varies from state to state, but broadly defined, abuse may be:
- Physical Abuse - Inflicting, or threatening to inflict, physical pain or injury on a vulnerable elder, or depriving them of a basic need.
- Emotional Abuse - Inflicting mental pain, anguish, or distress on an elder person through verbal or nonverbal acts.
- Sexual Abuse - Non-consensual sexual contact of any kind.
- Exploitation - 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.
- Abandonment - The desertion of a vulnerable elder by anyone who has assumed the responsibility for care or custody of that person.
Elder abuse can affect people of all ethnic backgrounds and social status and can affect both men and women.
Older people and the disabled are especially vulnerable to physical abuse, neglect by caregivers and family members, and financial exploitation. Illinois law (like the law of many other states) requires that certain individuals report instances of abuse, neglect or exploitation to the Illinois Elder Abuse and Neglect Program; failure to do so can be a crime. Recovering damages from exploiters and abusers can be difficult but rewarding. Illinois law makes it illegal to abuse, neglect or exploit a "vulnerable" adult. In addition, the law imposes an affirmative duty on some individuals to report suspected abuse, neglect and exploitation to the authorities.
When suspected abuse or neglect has occurred, reports must be made to the appropriate police department or sheriff's office or, if the person making the report prefers, to the Adult Protective Service. Financial exploitation must be reported to either of those agencies. In any case, the report must be made immediately, and a more detailed written report must be filed within two days. Failure to make the report is a misdemeanor, punishable by up to $1,000 in fines, sixty days in jail and a year's probation.
Once abuse, neglect or exploitation has been reported to the authorities, an investigation will be undertaken. Adult Protective Services has a particularly powerful mandate to investigate such complaints, and has been given extraordinary authority to subpoena bank and medical records, to look at the perpetrators financial affairs, and to gain access to victims even if they express a desire not to be contacted. The name of the referring party, the information gathered and the results of APS evaluations are ordinarily kept private, though they may be revealed in court proceedings undertaken to protect the victim from further abuse or to regain lost assets.
Abuse, neglect and exploitation are growing problems in our society. With the projected aging of the whole population, the problems should be expected to worsen. While there are frustrations and difficulties with the available remedies, there are some powerful weapons available. In any event, many individuals who witness abuse, neglect or exploitation or who suspect that it is occurring will have an affirmative legal obligation to report what they know to the authorities.