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.
Indiana law establishes an Adult Protective Services program which receive and investigate reports regarding adults within the state of Indiana who may be endangered and, as appropriate, to coordinate a proper response to protect endangered adults who are victims of abuse, neglect, or exploitation. The law requires any individual who believes or has reason to believe that another individual is an endangered adult shall make a report under this chapter. The law defines endangered adult as follows:
“Endangered adult” means an individual who is:
(1) at least 18 years of age;
(2) incapable by reason of mental illness, intellectual disability, dementia, habitual drunkenness, excessive use of drugs, or other physical or mental incapacity of managing or directing the management of the individual’s property or providing or directing the provision of self-care; and
(3) harmed or threatened with harm as a result of: neglect; certain battery offenses; or exploitation of the individual’s personal services or property.
Illinois criminal laws make exploitation of an an endangered adult a criminal offense. Knowing failure to report a belief that an endangered adult is being battered, neglected, or exploited is also a criminal offense.
Ind. Code § 12-10-3-1 through Ind. Code § 12-10-3-19
Ind. Code § 35-46-1-12 through Ind. Code § 35-46-1-13