Overview

Elder abuse includes physical and financial abuse, as well as neglect of persons 65 years of age and older.

	Please click here if you suspect elder abuse.

Neglect typically means the refusal or failure to provide an elderly person with such life necessities as food, water, clothing, shelter, personal hygiene, medicine, comfort, personal safety, and other essentials of daily living.

Physical abuse is defined as the use of physical force that may result in bodily injury, physical pain, or impairment. Physical abuse may include inappropriate use of drugs and physical restraints, force-feeding, and physical punishment of any kind.

Failing to meet these standards is a crime. Families who prove especially egregious elder abuse may, among other remedies, be entitled to recover attorney fees.

Legal Definitions of Elder Abuse

Abuse of an elder or a dependent adult means either of the following:

1. Physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering.
2. The deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering.

"Goods and services necessary to avoid physical harm or mental suffering" include, but are not limited to, all of the following:

1. The provision of medical care for physical and mental health needs.
2. Assistance in personal hygiene.
3. Adequate clothing.
4. Adequately heated and ventilated shelter.
5. Protection from health and safety hazards.
6. Protection from malnutrition, under those circumstances where the results include, but are not limited to, malnutrition and deprivation of necessities or physical punishment.
7. Transportation and assistance necessary to secure any of the needs set forth above.

"Neglect" means either of the following:

(1) The negligent failure of any person having the care or custody of an elder or a dependent adult to exercise that degree of care that a reasonable person in a like position would exercise.

(2) The negligent failure of an elder or dependent adult to exercise that degree of self care that a reasonable person in a like position would exercise.

(b) Neglect includes, but is not limited to, all of the following:

1. Failure to assist in personal hygiene, or in the provision of food, clothing, or shelter.
2. Failure to provide medical care for physical and mental health needs.
3. Failure to protect from health and safety hazards.
4. Failure to prevent malnutrition or dehydration.