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Protect Our Elders

A report on the mandatory reporters of elder abuse in all states

The issue of elder abuse is one that concerns everyone. According to the National Committee for the Prevention of Elder Abuse, 4-6% of the elderly are abused. This is merely an estimate because so many incidents of abuse go unreported each year.

The National Center for State Courts notes that “elder abuse is an umbrella term that may include physical, sexual, or emotional abuse; financial exploitation; and neglect in providing necessary materials like food, shelter, or clothing to avoid physical harm or mental illness. The abuse might also involve withholding medicine or refusing to arrange transportation for doctor appointments. While damage inflicted by physical abuse may be obvious, frequently the abuse is emotional or psychological, resulting in humiliation, intimidation and fear.”

For a breakdown of what each state defines as elder abuse, visit the National Center on Elder Abuse. You can view a summary of each state's law here.

In order to prevent and stop elder abuse, most states specify certain occupations as “mandatory reporters.” These include adult-care providers, medical professionals, social services, clergy, and law enforcement. In recent years, seven states have added financial institutions. Nineteen states require anyone that observes elder abuse to report it, while three states have no mandatory reporters. You can view a detailed analysis by state here.

Mandatory Reporters of Elder Abuse Summary Based on State Laws

Mandatory Reporter
Percentage of States
Medical Professional
90%
Social Service Professional
90%
Adult Care Provider
86%
Law Enforcement Officer
86%
Clergy
50%
Anyone that observes it
38%
Financial Institution Personnel
14%
No mandatory reporters
6%

 

While 3 states have only voluntary reporting and no penalty, 12 other states have mandatory reporting with no penalty. In more than half of the states, failure to report is a misdemeanor. One state, Montana, makes it a felony for not reporting if there is a duty to report. For a detailed breakdown by state, click here.

Consequences for Failure to Report Elder Abuse
by Mandatory Reporters

Consequence Percentage of States
Misdemeanor
54%
No consequences
24%
Voluntary Reporting
6%
Fines Only
6%
Civil Damages, fines or punitive
4%
Fine if unintentional, but a misdemeanor if intentional failure
2%
Misdemeanor if unintentional, but a felony if intentional failure to report
2%
Felony
2%

 

If You Suspect Elder Abuse

Each state has an Adult Protective Services office to handle reports of elder abuse. Most states have established a statewide hotline to report suspected abuse of an elder or a vulnerable adult. The remaining states utilize a serious of countywide or regional hotlines. To find the appropriate agency to contact for an individual state, click here.

 

 


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