Probate Code
All states have statutes that protect elder adults from abuse, neglect, and exploitation. These laws typically create a framework for reporting and investigation of such abuse, neglect and exploitation as well as procedures for protection of the elder adult. These laws typically require reporting of known or suspected abuse, neglect, or exploitation either by all persons or an enumerated list of professionals.
States take varied approaches to dealing with elder abuse under their criminal laws. Some states prosecute the crimes under their general criminal statutes such as assault, battery, fraud, and theft; other states enhance the penalties for crimes if they were committed against elderly individuals; and other states have criminal laws that specifically address and criminalize elder abuse.
Note that many states also have separate laws that specifically address elder financial exploitation and address mistreatment of elderly individuals in residential care facilities. These laws are not covered here.
Kentucky law provides reporting, investigative, and protective services for adults who may be suffering from abuse, neglect, or exploitation. The law requires any person who has reasonable cause to suspect that an adult has suffered abuse, neglect, or exploitation to report it. The adult's death does not remove the reporting requirement. The law defines relevant terms as follows:
"Adult" means a person 18 years of age or older who, because of mental or physical dysfunctioning, is unable to manage his or her own resources, carry out the activity of daily living, or protect himself or herself from neglect, exploitation, or a hazardous or abusive situation without assistance from others, and who may be in need of protective services.
"Abuse" means the infliction of injury, sexual abuse, unreasonable confinement, intimidation, or punishment that results in physical pain or injury, including mental injury.
"Exploitation" means obtaining or using another person's resources, including but not limited to funds, assets, or property, by deception, intimidation, or similar means, with the intent to deprive the person of those resources.
"Neglect" means a situation in which an adult is unable to perform or obtain for himself or herself the goods or services that are necessary to maintain his or her health or welfare, or the deprivation of services by a caretaker that are necessary to maintain the health and welfare of an adult.
Kentucky criminalizes abuse or neglect of an adult as well as failure to report abuse, neglect, or exploitation as either a felony or misdemeanor, depending on the circumstances.
Ky. Rev. Stat. Ann. § 209.010 through Ky. Rev. Stat. Ann. § 209.195
Ky. Rev. Stat. Ann. § 209.990