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.
Alabama's Adult Protective Services Act provides reporting, investigative, and protective services for abused, neglected, or exploited disabled and elderly adults. The law allows requires all physicians and other practitioners of the healing arts or any caregiver having reasonable cause to believe that any protected person has been subjected to physical abuse, neglect, exploitation, sexual abuse, or emotional abuse to report the conduct. The law defines relevant terms as follows:
"Abuse" means the infliction of physical pain, injury, or the willful deprivation by a caregiver or other person of services necessary to maintain mental and physical health.
"Emotional Abuse" means the willful or reckless infliction of emotional or mental anguish or the use of a physical or chemical restraint, medication, or isolation as punishment or as a substitute for treatment or care of any protected person.
"Exploitation" means the expenditure, diminution, or use of the property, assets, or resources of a protected person without the express voluntary consent of that person or his or her legally authorized representative or the admission of or provision of care to a protected person who needs to be in the care of a licensed hospital by an unlicensed hospital after a court order obtained by the State Board of Health has directed closure of the unlicensed hospital.
"Neglect" means the failure of a caregiver to provide food, shelter, clothing, medical services, or health care for the person unable to care for himself or herself; or the failure of the person to provide these basic needs for himself or herself when the failure is the result of the person's mental or physical inability.
"Sexual Abuse" means conduct that is defined as a crime under Alabama's criminal statutes related to sexual abuse.
Alabama specifically criminalizes elder abuse and neglect, which may be a misdemeanor or a felony, depending on the circumstances. For purposes of the criminal laws, an elder is a person 60 years of age or older.
Ala. Code §§ 38-9-1 through Ala. Code 38-9-11
Ala. Code §§ 13A-6-191 through Ala. Code 13A-6-197