Mandatory Reporting of Elder Abuse Governed by Individual States

Written by Adam Peck Category: Elder Law January 26th, 2013 3 min read

Mandatory reporting of elder abuse is governed by the laws of individual states, rather than through federal legislation. Elder abuse takes many forms, including emotional neglect, physical abuse and financial exploitation. Everyone should be aware of the signs and symptoms of elder abuse and know where to turn in the community for assistance. Adult Protective Services (APS) or local agencies on aging provide information on mandatory reporting of elder abuse.
Federal Law
For purposes of elder abuse, federal law defines “older individuals” as those age 60 and over. Although the federal government does not require reporting of elder abuse, the Social Security Act of 1974 authorized states to create offices of Adult Protective Services. Title VII of the Older Americans Act of 1965, also known as The Vulnerable Elder Rights Protection Program, was enacted in 1992 to establish local Ombudsman offices and other agencies dedicated to protecting the rights of elderly Americans.
State Reporting Requirements
In nearly every state, health care professionals, long-term care facility personnel, and mental health professionals must report elder abuse. Some states, including Delaware, Florida, Indiana, Kentucky, Louisiana, Mississippi, Missouri, New Hampshire, New Mexico, North Carolina, Rhode Island, Tennessee, Utah, and Wyoming go further and require any person who knows of elder abuse to make a report. Since each states individually defines what constitutes abuse that must be reported, you should consult Adult Protective Services or an attorney to ensure compliance with a particular state’s law.
Elder Abuse Definition
Elder abuse can be intentional or unintentional. According to the Substance Abuse and Mental Health Services Agency (SAMHSA), “intentional abuse is a conscious and deliberate attempt to inflict physical, emotional, or financial harm, often due to a need for control.” SAMHSA defines unintentional abuse as “an inadvertent action resulting in physical, emotional, or financial harm, usually due to ignorance, inexperience, lack of desire, or inability to provide proper care.” The 1998 National Elder Abuse Incidence Study states that elder abuse includes the following: physical abuse, sexual abuse, emotional/psychological abuse, neglect and abandonment, financial exploitation, self-neglect, medication abuse, and violation of rights.
Identifying Elder Abuse
Indications of possible physical abuse include broken bones, burns, bruises or other injuries in various stages of healing, and abrasions on the arms and legs. Symptoms of possible psychological abuse include unexplained weight loss or gain, stress-related illnesses and depression. Indications of possible financial abuse include eviction notices, unexplained bank withdrawals, new close friends, and suspicious signatures on checks or other legal documents.

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Written by Adam Peck

Expertise: Personal Injury

Adam J. Peck, ESQ is a principal with Peck Law Group, APC. In 2008, Mr. Adam Peck received his Juris Doctorate from Whittier Law School where he graduated Cum Laude. His practice is primarily dedicated to representing Elders, Dependent Adults, along with their loved ones and family members, who have suffered horrific personal injuries.