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.
Delaware's Adult Protective Services law establishes a system of services for impaired adults designed to protect their health, safety and welfare. Any person having reasonable cause to believe that an adult person is impaired or incapacitated and is in need of protective services must report such information to the Department of Health and Social Services. The law defines relevant terms as follows:
“Abuse” means: (i) Physical abuse by unnecessarily inflicting pain or injury on an adult who is impaired; (ii) A pattern of emotional abuse of an adult who is impaired or an adult who is incapacitated, including ridiculing or demeaning the adult, making derogatory remarks to adult, or cursing or threatening to inflict physical or emotional harm on the adult; (iii) Sexual abuse of an adult who is impaired or an adult who is incapacitated.
“Adult who is impaired” shall mean any person 18 years of age or over who, because of physical or mental disability, is substantially impaired in the ability to provide adequately for the person’s own care and custody.
“Adult who is incapacitated” includes an individual for whom a guardian of the individual’s physical body or property, or both, is appointed.
“Exploitation” means an act of forcing, compelling, or exerting undue influence over a vulnerable adult causing the vulnerable adult to act in a way that is inconsistent with relevant past behavior, or causing the vulnerable adult to perform services for the benefit of another
“Mistreatment” means the failure to provide appropriate physical or emotional care to an adult who is impaired, including the inappropriate use of medications, isolation or physical or chemical restraints on or of an adult who is impaired.
“Neglect” means: (a) Lack of attention by a caregiver to physical needs of an adult who is impaired including but not limited to toileting, bathing, meals and safety; (b) Failure by a caregiver to carry out a treatment plan prescribed by a health care professional for an adult who is impaired; or (c) A caregiver’s intentional and permanent abandonment or desertion of an adult who is impaired or an adult or is incapacitated because the caregiver does not make reasonable efforts to ensure that essential services are provided for the adult.
Delaware's laws make it a crime to abuse, neglect, or mistreat an impaired adult. It may be a misdemeanor or felony, depending on the circumstances. Delaware's laws also enhance criminal penalties when enumerated crimes are committed against vulnerable adults.
Del. Code Ann. tit. 31, § 3901 through Del. Code Ann. tit. 31, § 3910
Del. Code Ann. tit. 31, § 3913
Del. Code Ann. tit. 11, § 1105