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 West Virginia (WV), elder abuse is recognized as a serious issue and is addressed through various statutes and regulations. Elder abuse in WV encompasses physical abuse, emotional abuse, sexual abuse, neglect, and financial exploitation of individuals aged 65 or older. Physical abuse can include acts of violence such as hitting or kicking, while emotional abuse may involve intimidation or humiliation. Neglect refers to the failure of a caretaker to provide necessary goods or services, potentially leading to harm or pain for the elderly individual. Financial exploitation involves the illegal or improper use of an elder's funds, property, or assets. WV has an Adult Protective Services (APS) program that investigates reports of elder abuse and provides protective services to prevent and stop abuse. This program is part of the West Virginia Department of Health and Human Resources. Criminal offenses such as assault, battery, sexual assault, and theft are applicable under state law, and perpetrators can be prosecuted. Additionally, WV may have specific statutes that enhance penalties for crimes against the elderly. It is important for anyone suspecting elder abuse to report it to the local APS or law enforcement agencies to ensure the safety and protection of vulnerable seniors.