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 Maryland, elder abuse is recognized as a serious issue and is addressed through various laws and regulations. Elder abuse can include physical abuse, emotional abuse, sexual abuse, neglect, and financial exploitation of individuals aged 65 or older. Maryland law defines elder abuse broadly to encompass acts of violence, neglect, and financial exploitation, and it provides for both civil and criminal remedies. The state's Adult Protective Services (APS), under the Department of Human Services, is responsible for investigating reports of elder abuse and providing protective services to vulnerable adults. Maryland's Criminal Law Article prohibits abuse and neglect of a vulnerable adult, and offenders can face severe penalties, including imprisonment and fines. Financial exploitation is also a crime, and it is illegal for anyone to misuse an elderly person's money or assets without their consent. Maryland law also allows for enhanced penalties for crimes against the elderly. Victims of elder abuse or their representatives can seek legal remedies, including obtaining protective orders and pursuing civil actions for damages. It is important for anyone suspecting elder abuse to report it to APS or law enforcement to ensure the safety and well-being of the elderly individual.