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.
Michigan’s Social Welfare Act provides reporting, investigative, and protective services for abused dependent adults. The Act requires certain enumerated persons to make an oral report to the county department of social services if they suspect or have reasonable cause to believe that an adult has been abused, neglected, or exploited, and allows anyone and requires certain persons to report known or suspected dependent adult abuse. The law defines relevant terms as follows:
“Abuse” means harm or threatened harm to an adult’s health or welfare caused by another person. Abuse includes, but is not limited to, nonaccidental physical or mental injury, sexual abuse, or maltreatment.
“Exploitation” means an action that involves the misuse of an adult’s funds, property, or personal dignity by another person.
“Neglect” means harm to an adult’s health or welfare caused by the inability of the adult to respond to a harmful situation or by the conduct of a person who assumes responsibility for a significant aspect of the adult’s health or welfare. Neglect includes the failure to provide adequate food, clothing, shelter, or medical care. A person shall not be considered to be abused, neglected, or in need of emergency or protective services for the sole reason that the person is receiving or relying upon treatment by spiritual means through prayer alone in accordance with the tenets and practices of a recognized church or religious denomination, and this act shall not require any medical care or treatment in contravention of the stated or implied objection of that person.
Vulnerable adult abuse is a crime under Michigan law. It may be a misdemeanor or felony depending on the circumstances. It is also a crime for a caregiver, other person with authority over a vulnerable adult, to take certain wrongful actions including commingling funds required to be kept in trust, interfering with an investigation, or filing false information. The actions may be a misdemeanor or felony, depending on the circumstances.
Mich. Comp. Laws § 400.11 through § 400.11f
Mich. Comp. Laws § 750.145m through Mich. Comp. Laws § 750.145p