ONE PLACE FAMILY JUSTICE CENTER

530 S. Lawrence Street | Montgomery, AL  36104
Phone 334.262.7378

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What is elder abuse?

Elder abuse is an intentional act, or failure to act, by a caregiver or another person in a relationship involving an expectation of trust that causes or creates a risk of harm to an older adult. (An older adult is defined as someone age 60 or older.)

Elder abuse is defined as negligent or intentional acts performed by a caregiver or other trusted individual that results in harm to a vulnerable elderly person.

Further, Elder abuse (also called "elder mistreatment", "senior abuse", "abuse in later life", "abuse of older adults", "abuse of older women", and "abuse of older men") is "a single, or repeated act, or lack of appropriate action, occurring within any relationship where there is an expectation of trust, which causes harm or distress to an older person." This definition has been adopted by the World Health Organization (WHO).

In Alabama – acts of elder abuse and neglect

A person commits the crime of elder abuse and neglect in the first-degree if

(a)   He or she intentionally abuses or neglects any elderly person and the abuse or neglect causes serious physical injury to the elderly person.

A person commits the crime of elder abuse and neglect in the second degree if he or she does any of the following:

(a)   Intentionally abuses or neglects any elderly person and the abuse or neglect causes physical injury to the elderly person.

(b)   Recklessly abuses or neglects any elderly person and the abuse or neglect causes serious physical injury to the elderly person.

(c)   Recklessly abuses or neglects or emotionally abuses any elderly person having been previously convicted of elder abuse and neglect in the third degree in any court.

A person commits the crime of elder abuse and neglect in the third degree if he or she does any of the following:

(a)   Recklessly abuses or neglects any elderly person and the abuse or neglect causes physical injury.

(b)   Recklessly emotionally abuses any elderly person.

In Alabama – acts of financial exploitation of an elderly person

(a)   The financial exploitation of an elderly person in which the value of the property taken exceeds two thousand five hundred dollars ($2,500) is a first-degree Class B Felony

(a)   The financial exploitation of an elderly person in which the value of the property taken exceeds five hundred dollars ($500) but does not exceed two thousand five hundred dollars ($2,500) is a second-degree Class B felony

(a)   The financial exploitation of an elderly person in which the value of the property taken does not exceed five hundred dollars ($500) is a third-degree Class A misdemeanor

In Alabama – legal definitions

Caregiver

An individual who has the responsibility for the care of an elderly person as a result of family relationship or who has assumed the responsibility for the care of the person voluntarily, for pecuniary gain, by contract, or as a result of the ties of friendship.

Deception

Deception occurs when a person knowingly:

a. Creates or confirms another's impression which is false and which the defendant does not believe to be true.

b. Fails to correct a false impression which the defendant previously has created or confirmed.

c. Fails to correct a false impression when the defendant is under a duty to do so.

d. Prevents another from acquiring information pertinent to the disposition of the property involved.

e. Sells or otherwise transfers or encumbers property, failing to disclose a lien, adverse claim, or other legal impediment to the enjoyment of the property, whether that impediment is or is not valid, or is not a matter of official record.

f. Promises performance which the defendant does not intend to perform or knows will not be performed.

Elderly Person

A person 60-years of age or older.

Emotional Abuse

The intentional or reckless infliction of emotional or mental anguish or the use of a physical or chemical restraint, medication, or isolation as punishment or as a substitute for treatment or care of any elderly person.

Financial Exploitation

The use of deception, intimidation, undue influence, force, or threat of force to obtain or exert unauthorized control over an elderly person's property with the intent to deprive the elderly person of his or her property or the breach of a fiduciary duty to an elderly person by the person's guardian, conservator, or agent under a power of attorney which results in an unauthorized appropriation, sale, or transfer of the elderly person's property.

Intimidation

A threat of physical or emotional harm to an elderly person, or the communication to an elderly person that he or she will be deprived of food and nutrition, shelter, property, prescribed medication, or medical care or treatment.

Neglect

The failure of a caregiver to provide food, shelter, clothing, medical services, medication, or health care for an elderly person.

Person

A human being.

Undue Influence

Domination, coercion, manipulation, or any other act exercised by another person to the extent that an elderly person is prevented from exercising free judgment and choice.

If you need help

Visit ONE PLACE Family Justice Center at 530 S. Lawrence Street, Montgomery, Alabama or call 334.262.7378 or if you are in immediate danger Call 911.

ONE PLACE FAMILY JUSTICE CENTER

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