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.
Maryland law provides reporting, investigative, and protective services for disabled individuals and vulnerable adults. The law requires each health practitioner, police officer, or human service worker who contacts, examines, attends, or treats an alleged vulnerable adult, and who has reason to believe that the alleged vulnerable adult has been subjected to abuse, neglect, self–neglect, or exploitation to report the issue. The law defines relevant terms as follows:
“Abuse” means the sustaining of any physical injury by a vulnerable adult as a result of cruel or inhumane treatment or as a result of a malicious act by any person.
“Exploitation” means any action which involves the misuse of a vulnerable adult’s funds, property, or person.
“Neglect” means the willful deprivation of a vulnerable adult of adequate food, clothing, essential medical treatment or rehabilitative therapy, shelter, or supervision.
"Self–neglect” means the inability of a vulnerable adult to provide the vulnerable adult with the services: (1) that are necessary for the vulnerable adult’s physical and mental health; and (2) the absence of which impairs or threatens the vulnerable adult’s well–being.
“Vulnerable adult” means an adult who lacks the physical or mental capacity to provide for the adult’s daily needs.
In Maryland, abuse or neglect of a vulnerable adult is crime (misdemeanor) if it is caused by a caregiver, parent, household member, family member, or other person with permanent or temporary care or responsibility for the supervision of a vulnerable adult.
Md. Code, Fam. Law § 14-101 through Md. Code, Fam. Law § 14-404
Md. Code, Crim. Law § 3–604 through § 3–605