Elder Abuse

Because of a decline in their physical and mental abilities, many older Americans become vulnerable to abuse, neglect, and exploitation. Although the elderly may be easily victimized, officials and the media did not take notice until the 1980s. In 1987, after several U.S. Congress hearings disclosed the frequency and severity of the problem, Congress made definitions of elder abuse part of the Older Americans Act, 42 U.S.C. chap. 35 XI (2000). Subsequently, people understand elder abuse as a widespread phenomenon.

State laws have differing definitions of elder abuse, but the definitions usually include physical attacks, sexual abuse, intimidation and threats, psychological injury, and sometimes, physical confinement. Neglect—that is, the deprivation of basic needs such as food or adequate nutrition, adequate shelter, clothing, personal care, and medical care—is typically considered a form of elder abuse. For neglect to occur, however, either some individual must have a legal or contractual obligation to care for the elderly person, or the individual must have voluntarily taken on the obligation. Having made the elderly individual dependent and reliant, the individual providing the care cannot cease doing so until another caregiver is prepared to meet the needs of the dependent elderly person.

Financial exploitation by the theft or improper use of the income or assets of a vulnerable older person is also elder abuse. This includes telemarketing frauds, securities scams, and other forms of consumer fraud [Page 473]as well as more elaborate forms of fraud. Some commentators also classify self-neglect as a form of elder abuse, although the failure of an individual to care for herself is not so much elder abuse as it is a symptom of mental illness such as depression or dementia, which thus requires a medical response.