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 Illinois, elder abuse is addressed under the Elder Abuse and Neglect Act (210 ILCS 30/). This law defines elder abuse as any act that causes harm or distress to an individual aged 60 or older. The types of abuse covered include physical abuse, sexual abuse, emotional abuse, confinement, passive neglect, willful deprivation, and financial exploitation. Physical abuse encompasses actions such as hitting, slapping, or any form of corporal punishment, while financial exploitation refers to the illegal use of an elder's funds or assets. Neglect is the failure to provide necessary care, leading to harm or pain. Illinois law mandates that suspected elder abuse must be reported, and the state's Adult Protective Services agency investigates such reports. Criminal prosecution of elder abuse can occur under various statutes, including those for assault, battery, and theft, with certain laws providing enhanced penalties for crimes against the elderly. It is important for individuals to understand that seniors have the same rights to control their finances as other adults, and taking control of an elderly person's money without permission is illegal.