While there is no global definition, elder abuse can be broadly defined as a single or repeated act, or lack of approprioate actions which cause harm, risk of harm or distress to a person who is 60 years or older and occurs:
Elder abuse includes acts of commission or omission, and takes many forms including physical acts, psychological, emotional, or sexual abuse, neglect, and financial exploitation. Red flags of abuse include can include when an older adult acts fearful, appears agitated, depressed or confused.
With some limited exceptions, New York is the only state where there is no mandated reporting of elder abuse by professionals.
Adult Protective Services workers who have reason to believe that a criminal offense has been committed, as defined by penal law, must report it to law enforcement pursuant to Social Services Law § 473(5); certain individuals, including, among others, an operator or employee of a residential health care facility, must report abuse in such facility as set forth in Public Health Law § 2803-d(1) and (3); and under Chapter 501 of the Laws of 2012: Protection of People with Special Needs Act, created to safeguard vulnerable persons under the jurisdiction of six state agencies, “custodians” must report crimes perpetrated against “vulnerable persons” as those terms are defined in the Act.
| Types of Elder Abuse, Neglect, and Financial Exploitation | Potential Indicators/How to Recognize |
|---|---|
Sexual Abuseis non-consensual sexual contact of any kind, including but not limited to, forcing sexual contact, forcing sex with a third party, voyeurism, exhibitionism, sexual threats, unwanted comments, coerced nudity, being forced to view pornography, and sexually explicit photographing. |
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Financial Exploitationis the improper use of an older adult’s funds, property or resources by another individual, including but not limited to, fraud, false pretenses, embezzlement, conspiracy, forgery, falsifying records, coerced property transfers or denial of access to assets. |
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Neglect“Active neglect” involves the intentional withholding of caretaking functions and responsibilities.“Passive neglect” involves the unintentional failure of a caregiver to fulfill caretaking functions and responsibilities due to the caretaker’s lack of ability, education or resources. |
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| Types of Elder Abuse, Neglect, and Financial Exploitation | Potential Indicators/How to Recognize |
|---|---|
Physical Abuseis the intentional use of force that results in bodily injury, pain or impairment, including but not limited to, being slapped, burned, cut, bruised or improperly physically restrained. |
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EmotionalAbuse is the willful infliction of mental or emotional anguish by threat, humiliation, intimidation or other abusive conduct, including but not limited to, frightening or isolating an older adult. |
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Below is a chart referencing criminal and civil statutes which may be relevant to elder abuse cases. Thislist is not exhaustive, but is intended to assist judges and court staff in identifying statutes that may apply to elder abuse cases.
| Criminal Statutes 1 | Definition |
|---|---|
| Penal Law § 260.31 |
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| Penal Law § 260.32 | Endangering the welfare of a vulnerable elderly person, or an incompetent or physically disabled person in the second degree. |
| Penal Law § 260.34 |
Endangering the welfare of a vulnerable elderly person, or an incompetent or physically disabled person in the first degree. |
| Penal Law § 260.24 | Endangering the welfare of an incompetent or physically disabled person in the second degree. |
| Penal Law § 260.34 | Endangering the welfare of a vulnerable elderly person, or an incompetent or physically disabled person in the first degree. |
| Penal Law § 260.25 | Endangering the welfare of an incompetent or physically disabled person in the first degree. |
| Penal Law § 120.05(12) | Assault in the second degree is a felony when a defendant causes physical injury to a person sixty-five years or older and the defendant is more than 10 years younger than the victim. |
| Penal Law § 190.65 | Scheme to defraud statute specifically includes elderly or vulnerable adult provision. |
| Penal Law § 485.05 | Trial preferences: While civil cases generally shall be tried in the order in which notes of issue have been filed, a preference may be given in an action based on, among other reasons, a party having reached the age of seventy years. |
While not all adults experience significant cognitive or physical decline with age, many will show at least small declines. Others may have more substantial impairments. Courts should make efforts to ensure that all older adults are able to participate in court proceedings to the fullest extent possible.
| Courthouse | Courtroom staff |
|---|---|
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| Judge | Judge, court staff and attorneys |
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*See also: The New York State Unified Court System’s Americans with Disabilities Act and The Courts Guide at: 2017 ADA Guide.pdf. |
Judges are often required to evaluate the past, present and/or future capacity of an individual in a variety of contexts including, but not limited to, determining whether: a legal transaction was valid, the appointment of a guardian or guardian ad litem is appropriate, the individual is able testify on his or her own behalf and the individual is a “vulnerable elderly person” under the penal code. Judges should, therefore, know what constitutes normal cognitive aging, as well as understand dementia and how it presents.
| Normal brain aging as a result of a normally aging brain, some adults may process information slower, experience declines in verbal fluency or the ability to find words, have to work harder at activities requiring executive function, such as time management, paying attention or changing focus, planning, organizing, remembering details and multitasking. Mild forgetfulness can also be a sign of normal aging. | Some conditions that may mimic dementia:
What may appear to be dementia may be caused by something else that is temporary and/or treatable. Conditions include, but are not limited to, the following:
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| Mild Cognitive Impairment is the stage between the normal cognitive decline of aging and the more serious decline of dementia. MCI may present with memory, language, thinking and judgment problems that are greater than normal age-related changes but not severe enough to interfere with daily life and usual activities. | |
| Dementia is the term used to describe a group of brain disorders that cause memory loss and a decline in mental function over time. | |
| Alzheimer’s Disease is the most prevalent non- reversible form of dementia. Dementia symptoms can vary and include short-term memory loss, difficulty with communication and language, difficulty focusing, problems with reasoning and judgment, disorientation and confusion and visual perception issues. |
The Elder Justice Resource Guide includes information about elder abuse, accessible courtrooms for older adults, capacity and confusion, effective communication, and available resources for older adults experiencing abuse. The Guide also includes a comprehensive directory of national, state, and local services available to older adults.
