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.
Utah law provides reporting, investigative, and protective services for abused, neglected, or exploited vulnerable adults. Utah requires any individual with reason to believe that a vulnerable adult is, or has been, the subject of abuse, neglect, or exploitation, to immediately report the suspected abuse, neglect, or exploitation to Adult Protective Services or to the nearest peace officer or law enforcement agency. The law defines relevant terms as follows:
"Abandonment" means any knowing or intentional action or failure to act, including desertion, by a person acting as a caretaker for a vulnerable adult that leaves the vulnerable adult without the means or ability to obtain necessary food, clothing, shelter, or medical or other health care.
"Abuse" means: (a) knowingly or intentionally: (i) attempting to cause harm; (ii) causing harm; or (iii) placing another in fear of harm; (b) unreasonable or inappropriate use of physical restraint, medication, or isolation that causes or is likely to cause harm to a vulnerable adult; (c) emotional or psychological abuse; (d) a sexual offense as described in Title 76, Chapter 5, Offenses Against the Individual; or (e) deprivation of life sustaining treatment, or medical or mental health treatment, except:
(i) as provided in Title 75, Chapter 2a, Advance Health Care Directive Act; or
(ii) when informed consent, as defined in Section 76-5-111, has been obtained.
"Elder abuse" means abuse, neglect, or exploitation of an elder adult.
"Exploitation" means an offense described in Section 76-5-111.3, 76-5-111.4, or 76-5b-202.
"Neglect" means: (i)(A) failure of a caretaker to provide necessary care, including nutrition, clothing, shelter, supervision, personal care, or dental, medical, or other health care for a vulnerable adult, unless the vulnerable adult is able to provide or obtain the necessary care without assistance; or (B) failure of a caretaker to provide protection from health and safety hazards or maltreatment; (ii) failure of a caretaker to provide care to a vulnerable adult in a timely manner and with the degree of care that a reasonable person in a like position would exercise; (iii) a pattern of conduct by a caretaker, without the vulnerable adult's informed consent, resulting in deprivation of food, water, medication, health care, shelter, cooling, heating, or other services necessary to maintain the vulnerable adult's well being; (iv) knowing or intentional failure by a caretaker to carry out a prescribed treatment plan that causes or is likely to cause harm to the vulnerable adult; (v) self-neglect by the vulnerable adult; or (vi) abandonment by a caretaker.
"Self-neglect" means the failure of a vulnerable adult to provide or obtain food, water, medication, health care, shelter, cooling, heating, safety, or other services necessary to maintain the vulnerable adult's well being when that failure is the result of the adult's mental or physical impairment. Choice of lifestyle or living arrangements may not, by themselves, be evidence of self-neglect.
Abuse of a vulnerable adult is a crime under Utah law. It may be a misdemeanor or a felony depending on the circumstances. Sexual exploitation of a vulnerable adult is also a felony under Utah law.
Utah Code Ann. § 26B-6-201 through Utah Code Ann. § 26B-6-219
Utah Code Ann. § 76-5-111
Utah Code Ann. § 76-5B-202