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.
Nebraska’s Adult Protective Services Act provides reporting, investigative, and protective services for certain persons who are substantially impaired and are unable to protect themselves from abuse, neglect, or exploitation. The Act requires certain persons to make a report to law enforcement or the Department of Health and Human Services if they have reasonable cause to believe that a vulnerable adult has been subjected to abuse, neglect, or exploitation or have observed such adult being subjected to conditions or circumstances which reasonably would result in abuse, neglect, or exploitation. The Act defines relevant terms as follows:
“Abuse” means any knowing or intentional act on the part of a caregiver or any other person which results in physical injury, unreasonable confinement, cruel punishment, sexual abuse, or sexual exploitation of a vulnerable adult.
“Exploitation” means the wrongful or unauthorized taking, withholding, appropriation, conversion, control, or use of money, funds, securities, assets, or any other property of a vulnerable adult or senior adult by any person by means of undue influence, breach of a fiduciary relationship, deception, extortion, intimidation, force or threat of force, isolation, or any unlawful means or by the breach of a fiduciary duty by the guardian, conservator, agent under a power of attorney, trustee, or any other fiduciary of a vulnerable adult or senior adult.
“Neglect” means any knowing or intentional act or omission on the part of a caregiver to provide essential services or the failure of a vulnerable adult, due to physical or mental impairments, to perform self-care or obtain essential services to such an extent that there is actual physical injury to a vulnerable adult or imminent danger of the vulnerable adult suffering physical injury or death.
“Vulnerable adult” means any person eighteen years of age or older who has a substantial mental or functional impairment or for whom a guardian or conservator has been appointed under the Nebraska Probate Code.
Knowing and intentional abuse, neglect, or exploitation of a vulnerable adult or senior adult is a felony crime under Nebraska law. For purposes of the law, a senior adult is any person 65 years of age or older.
Neb. Rev. Stat. § 28-348 through Neb. Rev. Stat. § 28-387
Neb. Rev. Stat. § 28-350
Neb. Rev. Stat. § 28-361.01
Neb. Rev. Stat. § 28-386
https://nebraskalegislature.gov/laws/statutes.php?statute=28-361.01
https://nebraskalegislature.gov/laws/statutes.php?statute=28-386