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.
Wyoming’s Adult Protective Services Act provides reporting, investigative, and protective services for abused, neglected, exploited, or abandoned adults. The Act requires any person or agency who knows or has reasonable cause to believe that a vulnerable adult is being or has been abused, neglected, exploited, intimidated or abandoned or is committing self neglect to report the information immediately to a law enforcement agency or the Department of Family Services. The Act defines relevant terms as follows:
“Abandonment” means leaving a vulnerable adult without financial support or the means or ability to obtain food, clothing, shelter or health care;
“Abuse” means the intentional or reckless infliction, by the vulnerable adult’s caregiver, person of trust or authority, professional, family member or other individual of:(A) Injury; (B) Unreasonable confinement which threatens the welfare and well being of a vulnerable adult; (C) Cruel punishment with resulting physical or emotional harm or pain to a vulnerable adult; (D) Photographing vulnerable adults in violation of Wyoming law; (E) Sexual abuse; (F) Intimidation; or (G) Exploitation.
“Exploitation” means the reckless or intentional act taken by any person, or any use of the power of attorney, conservatorship or guardianship of a vulnerable adult, to:(A) Obtain control through deception, harassment, intimidation or undue influence over the vulnerable adult’s money, assets or property with the intention of permanently or temporarily depriving the vulnerable adult of the ownership, use, benefit or possession of his money, assets or property; (B) In the absence of legal authority:(I) Employ the services of a third party for the profit or advantage of the person or another person to the detriment of a vulnerable adult; (II) Force, compel, coerce or entice a vulnerable adult to perform services for the profit or advantage of another against the will of the vulnerable adult. (C) Intentionally misuse the principal’s property and, in so doing, adversely affect the principal’s ability to receive health care or pay bills for basic needs or obligations; or (D) Abuse the fiduciary duty under a power of attorney, conservatorship or guardianship.
“Neglect” means the deprivation of, or failure to provide, the minimum food, shelter, clothing, supervision, physical and mental health care, other care and prescribed medication as necessary to maintain a vulnerable adult’s life or health, or which may result in a life-threatening situation. The withholding of health care from a vulnerable adult is not neglect if:(A) Treatment is given in good faith by spiritual means alone, through prayer, by a duly accredited practitioner in accordance with the tenets and practices of a recognized church or religious denomination; (B) The withholding of health care is in accordance with a declaration executed pursuant to Wyoming law; or (C) Care is provided by a hospice licensed in accordance with and pursuant to Wyoming law.
“Sexual abuse” means sexual contact including, but not limited to, unwanted touching, all types of sexual assault or battery as defined in W.S. 6-2-302 through 6-2-304, sexual exploitation and sexual photographing.
Under Wyoming law, abuse, neglect, abandonment or exploitation of a vulnerable adult is a crime. Depending on the circumstances, it may be a misdemeanor or a felony.
Wyo. Stat. Ann. § 35-20-101 through Wyo. Stat. Ann. § 35-20-116
Wyo. Stat. Ann. § 6-2-507
https://law.justia.com/codes/wyoming/title-35/chapter-20/section-35-20-103/