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.
New Hampshire’s Public Safety and Welfare statutes provide reporting, investigative, and protective services for abused, neglected, or exploited vulnerable adults. The statutes require any person that suspects or believes in good faith that any adult who is or who is suspected to be vulnerable has been subjected to abuse, neglect, self-neglect, or exploitation or is living in hazardous conditions to report the issue. New Hampshire law defines relevant terms as follows:
“Abuse” means any one of the following: (a) “Emotional abuse” means the misuse of power, authority, or both, verbal harassment, or unreasonable confinement which results or could result in the mental anguish or emotional distress of a vulnerable adult. (b) “Physical abuse” means the use of physical force which results or could result in physical injury to a vulnerable adult. (c) “Sexual abuse” means contact or interaction of a sexual nature involving a vulnerable adult without his or her informed consent.
“Neglect” means an act or omission which results or could result in the deprivation of essential services or supports necessary to maintain the minimum mental, emotional or physical health and safety of a vulnerable adult.
“Exploitation” means the illegal use of a vulnerable adult’s person or property for another person’s profit or advantage, or the breach of a fiduciary relationship through the use of a person or a person’s property for any purpose not in the proper and lawful execution of a trust, including, but not limited to, situations where a person obtains money, property, or services from a vulnerable adult through the use of undue influence, harassment, duress, deception, or fraud.
“Self-neglect” means an act or omission by a vulnerable adult which results or could result in the deprivation of essential services or supports necessary to maintain his or her minimum mental, emotional or physical health and safety.
“Vulnerable” means that the physical, mental, or emotional ability of a person is such that he or she is unable to manage personal, home, or financial affairs in his or her own best interest, or he or she is unable to act or unable to delegate responsibility to a responsible caretaker or caregiver.
Any caregiver who purposely causes serious bodily injury or financial loss to an elderly, disabled, or impaired adult by neglect shall be guilty of a class A felony. Any caregiver who knowingly or recklessly causes serious bodily injury or financial loss to an elderly, disabled, or impaired adult by neglect shall be guilty of a class B felony. Other crimes may be charged as a misdemeanor.
N.H. Rev. Stat. Ann. § 161-F: 43
N.H. Rev. Stat. Ann. § 631.8 through § 631.9
https://law.justia.com/codes/new-hampshire/title-lxii/chapter-631/section-631-9/