Elder abuse is the offense category covering physical, emotional, sexual or financial mistreatment, or neglect, of an older adult, typically by a family member, caregiver or someone in a position of trust over them, recognized as a distinct offense classification in many jurisdictions because of the victim's frequent dependency on the abuser for care or housing. Financial exploitation, the improper or unauthorized use of an elder's funds, property or assets, is among the most commonly reported forms and is frequently prosecuted alongside or instead of physical abuse charges, since it can be committed without any direct physical contact, for example through the misuse of a power of attorney or undue influence over a will. Elder abuse occurring within an institutional setting such as a nursing home or long-term care facility is often addressed by dedicated regulatory and licensing law in addition to ordinary criminal statutes, reflecting the state's heightened oversight role in residential elder care. As with child abuse, many jurisdictions impose mandatory reporting duties on medical and care professionals, and elder abuse is a growing subject of criminological and public-health research tied to aging populations and the particular difficulty of detecting abuse against victims who may have limited capacity to report it themselves.
Facts
Classification CodeElder abuse is defined by who commits it and by what relationship they have to the older person, and by convention excludes ordinary criminal offenses against an older victim committed by a stranger, such as a home break-in, street robbery or mugging, or a distraction burglary con. 1 Typical PenaltyA well documented elder financial abuse prosecution, the 2009 conviction of Anthony Marshall for grand larceny against his mother Brooke Astor, resulted in a sentence toward the lighter end of the range: Marshall and his co-defendant Francis Morrissey were both sentenced to one to three years in prison. 2 Elements of OffenseElder abuse is generally recognized as encompassing physical abuse, psychological or emotional abuse, financial abuse (misappropriation of an elder's financial resources), sexual abuse, and neglect, meaning depriving a person of proper medical treatment, food, heat, clothing or essential medication. 1 Notable ExampleA landmark elder abuse and financial exploitation case was the prosecution of Anthony Marshall, son of New York philanthropist Brooke Astor, whose nurses' diaries documented the elder abuse she reportedly received from her son in her final years; Marshall was convicted in October 2009 of grand larceny for diverting his mother's funds. 2 Jurisdiction VariationFinancial abuse of an elder can include the failure to pay court-ordered support to an impoverished parent in jurisdictions that recognize filial responsibility laws, such as France, Germany, and most states of the United States. 1 Classification
Offense GradeMinor or Summary Offense 1 Connections
Associated With
Many forms of elder abuse are committed by family members and are recognized as a type of domestic or family violence.
Source Elder Abuse (Wikipedia)
Has Offense Grade
In the Other Atlases
Found In
Also in Geography Atlas: where this subject is found.
Also in Geography Atlas: where this subject is found.
Sources
1. Elder Abuse (Wikipedia)
Wikipedialead paragraph, first sentence
Elder abuse is the mistreatment, neglect, exploitation, or manipulation of old people.
Lead section, third paragraph
While a variety of circumstances are considered elder abuse, it does not include general criminal activities against older persons, such as home break-ins, robbery or muggings in the street, or "distraction burglary," where a stranger distracts an older person at the doorstep while another person enters the property to steal.
Types section, opening list item
Several types of elder abuse are generally recognized, including:
Physical abuse: e.g. hitting, punching, slapping, burning, pushing, kicking, restraining, falsely imprisoning or confining, or giving excessive or improper medication, or withholding treatment or medication.
Types section, financial abuse item
Also, failure to pay financial support to impoverished elders in jurisdictions which have filial responsibility laws, such as France, Germany, and most of the United States.
Associated With: Domestic Violence, Lead section, second paragraph, second sentence
Many forms of elder abuse are recognized as types of domestic violence or family violence since they are committed by family members.
In Group: Elder Abuse and Neglect, Lead sentence
Elder abuse is the mistreatment, neglect, exploitation, or manipulation of old people.
View the Source 2. Brooke Astor (Wikipedia)
WikipediaEstate tampering section
In December 2009, Marshall and Morrisey were both sentenced to 1-3 years in prison.
Guardianship dispute section
In October 2009, after deliberations that stretched over 12 days and were reportedly marked by bitter disagreements that left one female juror claiming to feel personally threatened by another juror, the jury convicted Anthony Marshall (then age 85) of 14 of the 16 counts against him, including one of two charges of grand larceny, the most serious charge, for giving himself a retroactive $1 million payment for assisting with his mother's finances.
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