As much as possible, elder abuse and neglect should be avoided, and the only way to do this is through accurate reporting. It is required from every person to take action because it is a crime. Reporting is much more convenient for any witness because the reporter is not subject to any legal or criminal consequences. This does not imply that elder abuse is not a legal issue, though.
This post will discuss various forms of elder abuse and the potential crimes they may result in. We’ll also talk about self-neglect and risk factors. Some people are also required by law to report any incidents they see. The considerations for corrections officers, guardians, conservators, and other people will also be covered.
What forms of Elder Abuse are there?
There are various types of elder abuse, each of which can result in a different crime. The victim risks physical and financial ruin as a result. It is a bad that places a heavy financial burden on society in the form of lost income, social services, medical expenses, and legal costs. Let’s examine the various forms of elder abuse:
Physical
Fractures, black eyes, scratches, and bruises are signs of this type. Results from the lab also reveal significant internal damage. It could be connected to crimes like assault, battery, manslaughter, murder, and attempted murder.
Sexual
Abuse is defined as any kidnapping or non-consensual sexual act. It may manifest as vaginal or anal infections, bruises around the private parts, or the victim reporting having been raped. Rape, domestic violence, battery, sexual assault, and sexual battery are among the crimes connected to it. A Brooklyn nursing home abuse attorney must be consulted in such a terrifying situation.
Psychological or Emotional
The adult expresses their distress through prolonged or intermittent nonverbal behaviors. It manifests as non-verbal, agitated, and visual distress behaviors. It can be reported as harassment, elder abuse, or a hate crime. When an elderly person needs medical attention and assistance, they are being abandoned. The caretaker should be prosecuted for the crimes of neglect, voluntary homicide, manslaughter, and murder.
Economic Exploitation
Any misappropriation of an elderly person’s material assets falls under this category of exploitation. Bank account activity, poor care, will changes, and unauthorized withdrawals using bank cards are all indications of it.
Self-Ignorance
Self-neglect does not appear to be a crime that an elderly person can be charged with. However, if a third party’s actions led to the self-neglect, the legal system becomes involved. It should be reported because it endangers someone’s safety, even if they caused it themselves. Authorities may also become involved if a complaint has been made about the self-neglected person’s abuse of another adult, child, or animal. If someone else was responsible for the neglect, this turns into a legal matter involving elder abuse.
Legal Reporting Requirement
Some professionals are required by law to report any situations where elder abuse may be taking place or is suspected. They must report if they fail to do so, or it will be considered a crime. According to the adult protective services law, certain people are required to report incidents of elder abuse.
State to state may have different definitions of who is protected by the law. It is crucial to understand whether or not a licensed professional is included in the list. Federal law requires that the report be made with the law enforcement agency, while state laws specify that the report be made to APS directly. When in doubt, one can dial 911 to be connected to the appropriate agency. When a person fails to file a crime report when required, such legal issues result.
Things to see by Corrections Officers
Corrections officers are the ones with the power to decide correctly in various situations based on elder abuse and neglect. In the following situations, they should bear the following things in mind:
Consent, Capacity, and Undue Influence
An older adult may occasionally have the necessary mental faculties. Their agreement to be exploited financially or sexually should not be taken into account in such a situation. The authority must determine whether the consent was given under undue influence. Dementia patients are not deemed healthy enough to consent to any activity that could result in abuse. Corrections officers should determine whether the offender is capable of taking care of vulnerable individuals once more.
Nursing Homes and Facilities for Assisted Living
An offender being permitted to return to the setting where they previously committed elder abuse might not be appropriate. The facility’s management may need to be informed of the offender’s prior criminal history in order to determine whether additional supervision is necessary. According to state laws, you must notify management of the prior problem.
Lesson Learnt
Elder abuse’s legal ramifications are largely dependent on how and when the incident is reported. Those who are required by law must report to adult protective services, while others are obligated morally to do so.
