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.
North Carolina’s Protection of the Abused, Neglected, or Exploited Disabled Adult Act provides reporting, investigative, and protective services for abused, neglected, or exploited disabled adults. The Act requires that any person having reasonable cause to believe that a disabled adult is in need of protective services report such information to the director of the county department of social services. The Act defines relevant terms as follows:
“Abuse” means the willful infliction of physical pain, injury or mental anguish, unreasonable confinement, or the willful deprivation by a caretaker of services which are necessary to maintain mental and physical health.
“Disabled adult” shall mean any person 18 years of age or over or any lawfully emancipated minor who is present in the State of North Carolina and who is physically or mentally incapacitated due to an intellectual disability, cerebral palsy, epilepsy or autism; organic brain damage caused by advanced age or other physical degeneration in connection therewith; or due to conditions incurred at any age which are the result of accident, organic brain damage, mental or physical illness, or continued consumption or absorption of substances.
“Exploitation” means the illegal or improper use of a disabled adult or his resources for another’s profit or advantage.
“Neglect” refers to a disabled adult who is either living alone and not able to provide for himself or herself the services which are necessary to maintain the person’s mental or physical health or is not receiving services from the person’s caretaker.
North Carolina specifically criminalizes abuse and neglect by a caretaker of a disabled or elder adult.
N.C. Gen. Stat. § 108A-99 through N.C. Gen. Stat. § 108A-117
N.C. Gen. Stat. § 1108A-101
N.C. Gen. Stat. § 14-32.3