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.
Ohio's adult protective services law provides reporting, investigative, and protective services for abused, neglected, or exploited adults. The law requires certain persons to make a report to the county department of job and family services of hey have reasonable cause to believe that an adult is being abused, neglected, or exploited, or is in a condition which is the result of abuse, neglect, or exploitation. The law defines relevant terms as follows:
"Abuse" means the infliction upon an adult by self or others of injury, unreasonable confinement, intimidation, or cruel punishment with resulting physical harm, pain, or mental anguish.
"Adult" means any person sixty years of age or older within this state who is disabled by the infirmities of aging or who has a physical or mental impairment which prevents the person from providing for the person's own care or protection, and who resides in an independent living arrangement.
"Exploitation" means the unlawful or improper act of a person using, in one or more transactions, an adult or an adult's resources for monetary or personal benefit, profit, or gain when the person obtained or exerted control over the adult or the adult's resources in any of the following ways:
(1) Without the adult's consent or the consent of the person authorized to give consent on the adult's behalf;
(2) Beyond the scope of the express or implied consent of the adult or the person authorized to give consent on the adult's behalf;
(3) By deception;
(4) By threat;
(5) By intimidation.
"Incapacitated person" means a person who is impaired for any reason to the extent that the person lacks sufficient understanding or capacity to make and carry out reasonable decisions concerning the person's self or resources, with or without the assistance of a caretaker. Refusal to consent to the provision of services shall not be the sole determinative that the person is incapacitated.
"Neglect" means any of the following:
(1) Failure of an adult to provide for self the goods or services necessary to avoid physical harm, mental anguish, or mental illness;
(2) Failure of a caretaker to provide such goods or services;
(3) Abandonment.
Ohio criminal law enhances the penalties for theft if committed against an elderly person (65 years or older) or disabled adult.
Ohio Rev. Code Ann. § 5101.60 through Ohio Rev. Code Ann. § 5101.72
Ohio Rev. Code Ann. § 5101.60
Ohio Rev. Code Ann. § 2913.01
Ohio Rev. Code Ann. § 2913.02(3)