Select your state

Criminal charges

elder abuse

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 Texas, elder abuse encompasses physical abuse, emotional abuse, neglect, and financial exploitation of individuals aged 65 and older. Physical abuse may include actions such as hitting, slapping, or any form of corporal punishment, as well as sexual assault and harassment. Emotional abuse can involve intimidation, humiliation, or verbal abuse. Neglect refers to a caretaker's failure to provide necessary services to prevent harm or pain, which can lead to adverse conditions like starvation or unsanitary living situations. Financial exploitation involves the illegal or improper use of an elder's funds or assets for personal gain. Texas law mandates that certain professionals and individuals report suspected elder abuse to the Texas Department of Family and Protective Services (DFPS). The state's Adult Protective Services (APS), a division of DFPS, is responsible for investigating reports of abuse, neglect, and exploitation of older adults and providing services to stop and prevent further harm. Criminal offenses such as assault, battery, theft, and fraud are applicable under state law, and Texas may impose enhanced penalties for crimes against the elderly. It is important for elders to maintain their financial autonomy unless they willingly delegate control to another party, and any unauthorized control over an elder's finances can be subject to legal action.

Legal articles related to this topic