Elder abuse generally includes the abuse, neglect, and exploitation of persons age 65 or older. Abuse includes involuntary seclusion, intimidation, humiliation, harassment, threats of punishment, deprivation, hitting, slapping, pinching, kicking, any type of corporal punishment, sexual assault, sexual coercion, sexual harassment, verbal abuse, or any oral, written, or gestured language that includes disparaging or derogatory terms, regardless of the elderly person's ability to hear or comprehend.
Neglect means the failure of a caretaker to provide the goods or services—including medical services—that are necessary to avoid physical or emotional harm or pain. Neglect may cause starvation, dehydration, over- or under-medication, unsanitary living conditions, or lack of personal hygiene. Neglected adults may also not have heat, running water, electricity, or medical care.
Exploitation includes a caretaker's illegal use of a senior's resources for monetary or personal benefit, profit, or gain. Elderly persons may need help with their finances, but unless they hand control over to another person, they have the same rights as anyone else to receive, spend, invest, save, or give away their money. A family member, "friend," or nursing home may not take control of an elderly person's money without that person's permission. Exploitation also means misusing the resources of an elderly or disabled person for personal or monetary benefit. This includes taking Social Security or SSI (Supplemental Security Income) checks, misusing a joint checking account, or taking property and other resources.
Most states have an Adult Protective Services (or comparable) agency or department that investigates reports of elder abuse and assists with preventing and stopping elder abuse—including abuse in nursing facilities and assisted living facilities. Elder abuse may be prosecuted as a criminal offense under applicable state law (assault, battery, sexual assault, theft, identity theft, etc.). And some states have specific statutes that provide increased penalties for the abuse or exploitation of elderly persons.
In Florida, elder abuse is addressed under various statutes that define and penalize abuse, neglect, and exploitation of individuals aged 65 or older. Florida law (Chapter 825, Florida Statutes) characterizes elder abuse as any intentional act or negligence by a caregiver or any other person that causes harm or a serious risk of harm to a vulnerable adult. This includes physical abuse, emotional abuse, sexual abuse, exploitation, neglect, and self-neglect. Exploitation of the elderly, as defined by Florida law, involves the misuse of an elder's funds, assets, or property, and can include actions such as theft, fraud, or exerting undue influence over the senior's financial decisions. Neglect refers to the failure to provide the care, supervision, and services necessary to maintain the physical and mental health of an elderly person, which can lead to harm or distress. Florida's Adult Protective Services, under the Department of Children and Families, investigates reports of elder abuse and neglect and takes appropriate action to protect the elderly. Criminal offenses related to elder abuse can lead to increased penalties under Florida law, reflecting the state's commitment to safeguarding the well-being of its senior citizens.