Elder Abuse, Exploitation, and Neglect

• An "older person" is defined as someone 60 years of age or older according to Nevada Revised Statutes NRS 200.5092.6.

Abuse

• Defined as the willful and unjustified infliction of pain, injury, or mental anguish on an older person
• Depriving a vulnerable person of necessities like food, shelter, clothing, or services needed for physical or mental health can also constitute abuse.
• Not all elements of abuse need to be present for it to be classified as a crime.

Exploitation

• Occurs when a person misuses the trust and confidence they have with an older person.
• It includes misusing power of attorney or guardianship to gain control over the older person's money, assets, or property through deception, intimidation, or undue influence.
• The intention is to permanently deprive the older person of their assets.
• "Undue influence" excludes the normal influence within a family.

Isolation

• Consists of willfully, maliciously, and intentionally preventing an older or vulnerable person from having contact with others, including family members.
• This involves preventing visitors, mail, or phone calls.
• Isolation excludes actions intended to protect the older person's property, physical, or mental welfare or actions based on a physician's instructions.

Neglect

• Defined as the failure of someone with legal or contractual responsibility or who has voluntarily assumed responsibility for care, to provide necessary food, shelter, clothing, or services to maintain the physical or mental health of an older or vulnerable person.

Vulnerable Person

• Is defined as someone 18 years of age or older who suffers from physical or mental incapacitation due to developmental disability, organic brain damage, or mental illness.
• Alternatively, someone must have one or more physical or mental limitations that restrict their ability to perform normal daily activities.

Abandonment

• Involves the desertion of an older or vulnerable person in an unsafe manner by a caretaker or other person with a legal duty of care.
• It also includes the withdrawal of necessary assistance owed to an older or vulnerable person by a caretaker or someone obligated to provide services.

Signs and Symptoms of Abuse

• Maintain dignity and respect when communicating with elderly persons.
• Speak clearly, make eye contact, and avoid condescending tones.
• Visual signs and surroundings should be assessed to establish probable cause.
• Symptoms of abuse may include physical, mental, or documented issues, and missing money or property.

Myths to Avoid

• Disregard the myth that if it is a civil matter or money was voluntarily given, no crime was committed.
• A case can still happen if the victim refuses to participate.
• Older or vulnerable persons CAN make good witnesses.
• Even if money reimbursed by financial institutions is not sought back, a crime may have happened.
• Even if the victim is deceased before theft is discovered, prosecution can still occur.

Mandatory Reporters

• NRS 200.50935 covers the reporting of abuse, neglect, exploitation, or isolation of a vulnerable person, including voluntary and mandatory reports, investigations, and penalties.
• Individuals in professional or occupational capacities who know or have reasonable cause to believe that 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 no later than 24 hours after the person knows or has reasonable cause to believe the abuse has occurred.
• Mandatory reporters include physicians, dentists, nurses, medical examiners, psychiatrists, psychologists, counselors, hospital personnel, coroners, home nursing agency employees, Department of Health and Human Services employees, law enforcement personnel, social workers, funeral home employees and others outlined in the NRS.
• Reports can also be made by any other person.
• If a mandatory reporter believes a vulnerable person died due to abuse, neglect, or isolation, they must report this to the medical examiner or coroner, who will investigate the cause of death.
• Law enforcement agencies must immediately investigate such reports.
• Knowingly and willfully violating these reporting provisions is a misdemeanor.

Time Frame for Reporting

• Reports must be made as soon as reasonably practicable, but no later than 24 hours after the person knows or has reasonable cause to believe that the vulnerable person has been abused, neglected, exploited, isolated, or abandoned (NRS 200.5093 1. (b)).

Immunity for Civil/Criminal Liability

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

Explanation of elder abuse, exploitation, and neglect. Abuse consists of inflicting pain, injury, or mental anguish on an older person. Exploitation happens when someone misuses the trust with an older person. Isolation is also a form of abuse.