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.
Tennessee’s Adult Protection Act provides reporting, investigative, and protective services for abused, neglected, or exploited adults. The Act requires with reasonable cause to suspect that an adult has suffered abuse, neglect, or exploitation, to report it. The Act defines relevant terms as follows:
“Abuse or neglect” means (A) an unreasonable expression of authority in which a caretaker: (i) Inflicts physical pain, injury, or mental anguish; (ii) Deprives the adult of services that are necessary to maintain the health and welfare of the adult; or (iii) Creates a situation in which the adult is unable to provide or obtain the services that are necessary to maintain the adult’s personal health or welfare, including financial abuse as defined in § 36-3-601; and (B) transporting an adult and knowingly abandoning, leaving or failing to provide additional planned transportation for the adult if the adult’s caretaker knows, or should know, that: (i) The adult is unable to protect or care for himself or herself without assistance or supervision; and (ii) The caretaker’s conduct causes any of the results listed in subdivision (1)(A) or creates a substantial risk of such results;
“Exploitation” means the improper use by a caretaker of funds that have been paid by a governmental agency to an adult or to the caretaker for the use or care of the adult;
“Sexual abuse” occurs when an adult is forced, tricked, threatened or otherwise coerced by a person into sexual activity, involuntary exposure to sexually explicit material or language, or sexual contact against such adult’s will. Sexual abuse also occurs when an adult is unable to give consent to such sexual activities or contact and is engaged in such activities or contact with another person.
Under Tennessee law, it is an crime for a caregiver to knowingly neglect an elderly or vulnerable adult, so as to adversely affect the person’s health or welfare. It is also an crime for any person to knowingly, other than by accidental means, abuse, neglect or exploit any adult.
Tenn. Code Ann. § 71-6-101 through Tenn. Code Ann. § 71-6-125
Tenn. Code Ann. § 39-15-507 through Tenn. Code Ann. § 39-15-508