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.
Missouri law provides reporting, investigative, and protective services for abused and neglected elderly or incapacitated adults. The law requires certain persons to immediately report to the Department of Health and Senior Services if they have reasonable cause to suspect that an eligible adult presents a likelihood of suffering serious physical harm, or bullying and is in need of protective services suspected abuse, neglect, or exploitation of a vulnerable adult. The law defines relevant terms as follows:
"Abuse" means the infliction of physical, sexual, or emotional injury or harm including financial exploitation by any person, firm, or corporation and bullying;
"Bullying" means intimidation or harassment that causes a reasonable person to fear for his or her physical safety or property and may consist of physical actions including gestures; cyberbullying; oral, electronic, or written communication; and any threat of retaliation for reporting of such acts;
"Eligible adult" means a person sixty years of age or older who is unable to protect his or her own interests or adequately perform or obtain services which are necessary to meet his or her essential human needs or an adult with a disability, between the ages of eighteen and fifty-nine who is unable to protect his or her own interests or adequately perform or obtain services which are necessary to meet his or her essential human needs.
"Neglect" means the failure to provide services to an eligible adult by any person, firm or corporation with a legal or contractual duty to do so, when such failure presents either an imminent danger to the health, safety, or welfare of the client or a substantial probability that death or serious physical harm would result.
Abuse of an elderly person, a person with a disability, or a vulnerable person is a misdemeanor crime under Missouri law.
Mo. Rev. Stat. § 192.2400 through § 192.2505
Mo. Rev. Stat. § 565.184
Mo. Rev. Stat. § 556.061