Elder abuse generally includes the abuse, neglect, and exploitation of persons age 65 or older. Abuse includes involuntary seclusion, intimidation, humiliation, harassment, threats of punishment, deprivation, hitting, slapping, pinching, kicking, any type of corporal punishment, sexual assault, sexual coercion, sexual harassment, verbal abuse, or any oral, written, or gestured language that includes disparaging or derogatory terms, regardless of the elderly person's ability to hear or comprehend.
Neglect means the failure of a caretaker to provide the goods or services—including medical services—that are necessary to avoid physical or emotional harm or pain. Neglect may cause starvation, dehydration, over- or under-medication, unsanitary living conditions, or lack of personal hygiene. Neglected adults may also not have heat, running water, electricity, or medical care.
Exploitation includes a caretaker's illegal use of a senior's resources for monetary or personal benefit, profit, or gain. Elderly persons may need help with their finances, but unless they hand control over to another person, they have the same rights as anyone else to receive, spend, invest, save, or give away their money. A family member, "friend," or nursing home may not take control of an elderly person's money without that person's permission. Exploitation also means misusing the resources of an elderly or disabled person for personal or monetary benefit. This includes taking Social Security or SSI (Supplemental Security Income) checks, misusing a joint checking account, or taking property and other resources.
Most states have an Adult Protective Services (or comparable) agency or department that investigates reports of elder abuse and assists with preventing and stopping elder abuse—including abuse in nursing facilities and assisted living facilities. Elder abuse may be prosecuted as a criminal offense under applicable state law (assault, battery, sexual assault, theft, identity theft, etc.). And some states have specific statutes that provide increased penalties for the abuse or exploitation of elderly persons.
In California, elder abuse is addressed under the Welfare and Institutions Code, specifically in the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA). This legislation defines elder abuse broadly to include physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment resulting in physical harm or pain or mental suffering. It also covers the deprivation by a caretaker of goods or services that are necessary to avoid harm or suffering. Financial exploitation is explicitly recognized and prohibited, including the illegal or unethical management of an elder's funds or assets. California law mandates that certain professionals, known as mandated reporters, must report suspected elder abuse. Failure to do so can result in penalties. The state also provides for both civil and criminal remedies. Civil actions can be brought for damages, and criminal charges can range from misdemeanors to felonies, with enhanced penalties for crimes against elders. Adult Protective Services (APS) in California investigates reports of abuse of elders and dependent adults, both in the community and in long-term care facilities, and coordinates with law enforcement and other agencies to provide protective services. Additionally, California's Penal Code includes specific provisions that increase penalties for theft and embezzlement when the victim is an elder or dependent adult, reflecting the state's commitment to combating elder exploitation.