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 Massachusetts, elder abuse is addressed under several statutes and regulations that protect individuals aged 65 and older. The Massachusetts Executive Office of Elder Affairs oversees the implementation of these laws through the Protective Services Program, which investigates reports of elder abuse. Abuse can encompass physical, emotional, sexual, and financial harm, including the actions described such as hitting, intimidation, and exploitation. Neglect is also a form of elder abuse and involves the failure of a caretaker to provide necessary services to prevent harm or pain. Financial exploitation is illegal and includes the misuse of an elder's resources without their consent. In cases of elder abuse, the perpetrator can be prosecuted under general criminal statutes for offenses like assault, battery, and theft, and Massachusetts law also provides for enhanced penalties for crimes against the elderly. Victims of elder abuse or those who suspect abuse can report it to the Protective Services Program or local authorities for investigation and intervention.