Elder Abuse, Exploitation, and Isolation - Nevada Law

• The Nevada Revised Statutes defines an "Older person" as someone 60 years of age or older.

Abuse

• "Abuse" is defined as the willful and unjustified infliction of pain, injury, or mental anguish on an older person.
• Depriving a vulnerable person of necessary food, shelter, clothing, or services also constitutes abuse.
• Meeting all elements is not required for classification as elder abuse.

Exploitation

• "Exploitation" involves an act by a person who has the trust and confidence of an older person.
• It includes misusing power of attorney or guardianship to control an older person's money, assets, or property through deception, intimidation, or undue influence.
• The intention must be to permanently deprive the older person of their assets.
• "Undue influence" doesn't include normal family influence.

Isolation

• "Isolation" is defined as intentionally preventing an older or vulnerable person from having contact with others, including family members.
• This includes preventing visits, mail, or phone calls.
• Exceptions exist for actions intended to protect the older person's welfare or performed under a physician's instructions.

Neglect

• "Neglect" is the failure of a person legally or contractually obligated to care for an older/vulnerable person.
• It involves not providing necessary food, shelter, clothing, or services to maintain physical or mental health.

Vulnerable Person

• A "Vulnerable person" is someone 18 or older with physical or mental incapacitation due to developmental disability, brain damage, or mental illness.
• They may also have limitations restricting their ability to perform daily activities.

Abandonment

• "Abandonment" includes deserting an older or vulnerable person in an unsafe manner by a caretaker or person with a legal duty of care.
• It also covers the withdrawal of necessary assistance owed to them.

Signs and Symptoms of Abuse

• Communications with elderly person should be treated with dignity and respect.
• Important to watch and listen for visual signs.
• Assess appearance and surroundings.
• Consider mental/psychological state of the potential victim.
• Symptoms may include physical, mental, or documented issues, and missing money/property.

Myths to Avoid

• Civil matters of theft are still crimes.
• Cases can still be valid if a victim refuses to participate.
• Older/vulnerable persons do not necessarily make terrible witnesses.
• Crimes still should be prosecuted if a financial instution is reimbursed.
• Cases still should be prosecuted if a victim is deceased before theft discovered.

Mandatory Reporters

• NRS 200.50935 covers reporting abuse, neglect, exploitation, or isolation of a vulnerable person.
• Professionals who know or have reasonable cause to believe a vulnerable person has been abused, neglected, exploited, or isolated must report it to law enforcement.
• Reports must be made as soon as reasonably practicable, but within 24 hours.
• Mandatory reporters include: physicians, dentists, nurses, medical examiners, psychiatrists, psychologists, counselors, hospital personnel, coroners, home nursing personnel, Department of Health and Human Services employees, law enforcement, probation officers, facility staff, social workers, and funeral home employees.
• Any other person may make a report.
• If a mandatory reporter believes a vulnerable person died due to abuse, neglect, or isolation, they must report it to the medical examiner or coroner.
• Law enforcement must immediately investigate reported cases.
• Knowingly and willfully violating these reporting provisions is a misdemeanor.

Time Frame for Reporting

• Reports should be made as soon as reasonably practicable, but within 24 hours of knowing or suspecting abuse, neglect, exploitation, isolation, or abandonment (NRS 200.5093 1. (b)).

Immunity for Civil/Criminal Liability

• "Good faith" means the reporter had reason to believe abuse or neglect occurred.
• Immunity is provided even if allegations cannot be fully substantiated.
• NRS 200.5096 grants immunity from civil or criminal liability to those who, in good faith, report or investigate alleged abuse, neglect, exploitation, or isolation of an older person.

Summary of Nevada Revised Statutes concerning elder abuse. Covers definitions of abuse, exploitation, and isolation as they pertain to older and vulnerable individuals in Nevada. Outlines the legal criteria for each category.