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 Mexico’s Adult Protective Services Act provides reporting, investigative, and protective services for abused, neglected, or exploited incapacitated adults. The law requires any person, including financial institutions, having reasonable cause to believe that an incapacitated adult is being abused, neglected or exploited to immediately report that information to the Aging and Long Term Services Department. The law defines relevant terms as follows:
“Abuse” means: (1) knowingly, intentionally or negligently and without justifiable cause inflicting physical pain, injury or mental anguish; (2) the intentional deprivation by a caretaker or other person of services necessary to maintain the mental and physical health of an adult; or (3) sexual abuse, including criminal sexual contact, incest and criminal sexual penetration;
“Exploitation” means an unjust or improper use of an adult’s money or property for another person’s profit or advantage, pecuniary or otherwise.
“Incapacitated adult” means any adult with a mental, physical or developmental condition that substantially impairs the adult’s ability to provide adequately for the adult’s own care or protection.
“Neglect” means the failure of the caretaker of an adult to provide for the basic needs of the adult, such as clothing, food, shelter, supervision and care for the physical and mental health of that adult; “neglect” includes self-neglect.
“Self-neglect” means an act or omission by an incapacitated adult that results in the deprivation of essential services or supports necessary to maintain the incapacitated adult’s minimal mental, emotional or physical health and safety.
New Mexico’s statutes do not contain elder abuse specific criminal laws.