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Elder Abuse and Elder Financial Exploitation Statutes

The federal government, states, commonwealths, territories and the District of Columbia all have laws designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others. These laws vary considerably from state to state.
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Citation Statute
Civil Financial Exploitation
A.C.A. § 9-20-103  (2016)  (See also A.C.A. § 12-12-1703  (2016))

Title 9  Family Law 

Subtitle 2.  Domestic Relations 

Chapter 20  Adult Maltreatment Custody Act

9-20-103.  Definitions.

(7) "Exploitation" means the:

(A) Illegal or unauthorized use or management of an endangered person's or an impaired person's funds, assets, or property;

(B) Use of an adult endangered person's or an adult impaired person's power of attorney or guardianship for the profit or advantage of one's own self or another;

(C) Fraudulent or otherwise illegal, unauthorized, or improper act or process of an individual, including a caregiver or fiduciary, that uses the resources of an endangered or an impaired person or long-term care facility resident for monetary or personal benefit, profit, or gain or that results in depriving the person or resident of rightful access to or use of benefits, resources, belongings, or assets; or

(D) Misappropriation of property of a long-term care facility resident;

(8) (A) "Fiduciary" means a person or entity with the legal responsibility to:

(i) Make decisions on behalf of and for the benefit of another person; and

(ii) Act in good faith and with fairness.

(B) "Fiduciary" includes without limitation a trustee, a guardian, a conservator, an executor, an agent under financial power of attorney or health care power of attorney, or a representative payee;


  (6) "Endangered adult" means:

      (A) An adult eighteen (18) years of age or older who:

         (i) Is found to be in a situation or condition that poses a danger to himself or herself; and

         (ii) Demonstrates a lack of capacity to comprehend the nature and consequences of remaining in that situation or condition; or

      (B) An adult resident of a long-term care facility who:

         (i) Is found to be in a situation or condition that poses an imminent risk of death or serious bodily harm to that person; and

         (ii) Demonstrates a lack of capacity to comprehend the nature and consequences of remaining in that situation or condition;


(10)  (A) "Impaired adult" means a person eighteen (18) years of age or older who, as a result of mental or physical impairment, is unable to protect himself or herself from abuse, sexual abuse, neglect, or exploitation.

      (B) For purposes of this chapter, residents of a long-term care facility are presumed to be impaired persons.

      (C) For purposes of this chapter, a person with a mental impairment does not include a person who is in need of acute psychiatric treatment, chronic mental health treatment, alcohol or drug abuse treatment, or casework supervision by mental health professionals.

      (D) For purposes of this chapter, an adult who has a representative payee appointed for that adult by the Social Security Administration or other authorized agency is presumed to be an impaired adult in relation to adult maltreatment through financial exploitation;

Criminal Financial Exploitation
A.C.A. § 5-28-101  (2015)

Title 5. Criminal Offenses 

Subtitle 3. Offenses Involving Families, Dependents, Etc. 

Chapter 28. Abuse of Adults 

Subchapter 1. General Provisions

§ 5-28-101.  Definitions.

  As used in this chapter:

   (1) "Abuse" means:

      (A) Any purposeful and unnecessary physical act that inflicts pain on or causes injury to an endangered person or an impaired person;

      (B) Any purposeful or demeaning act that a reasonable person would believe subjects an endangered person or an impaired person, regardless of age, ability to comprehend, or disability, to ridicule or psychological injury in a manner likely to provoke fear or alarm;

      (C) Any purposeful threat that a reasonable person would find credible and nonfrivolous to inflict pain on or cause injury to an endangered person or an impaired person except in the course of medical treatment or for justifiable cause; or

      (D) With regard to any adult long-term care facility resident by a caregiver, any purposeful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain, or mental anguish;

   (2) "Adult maltreatment" means adult abuse, exploitation, neglect, physical abuse, or sexual abuse;

   (3) "Caregiver" means a related or unrelated person, owner, agent, high managerial agent of a public or private organization, or a public or private organization that has the responsibility for the protection, care, or custody of an adult endangered person or an adult impaired person as a result of assuming the responsibility voluntarily, by contract, through employment, or by order of the court;

   (4) "Endangered person" means:

      (A) An adult who:

         (i) is found to be in a situation or condition that poses an imminent risk of death or serious bodily harm to the adult; and

         (ii) Demonstrates a lack of capacity to comprehend the nature and consequences of remaining in that situation or condition; or

      (B) A long-term care facility resident who:

         (i) Is found to be in a situation or condition which poses an imminent risk of death or serious bodily harm to the person; and

         (ii) Demonstrates a lack of capacity to comprehend the nature and consequences of remaining in that situation or condition;

   (5) "Exploitation" means:

      (A) The illegal or unauthorized use or management of an an adult endangered person's or an adult impaired person's funds, assets, or property or the use of an adult endangered person's or an adult impaired person's, power of attorney, or guardianship for the profit or advantage of the actor or another person; or

      (B) Misappropriation of property of an adult long-term care facility resident which means the deliberate misplacement, exploitation, or wrongful, temporary, or permanent use of an adult long-term care facility resident's belongings or money without the adult long-term care facility resident's consent;

   (6) "Imminent danger to health or safety" means a situation in which death or severe bodily injury could reasonably be expected to occur without intervention;

   (7)  (A) "Impaired person" means a person eighteen (18) years of age or older who as a result of mental or physical impairment is unable to protect himself or herself from abuse, sexual abuse, neglect, or exploitation, and as a consequence of this inability to protect himself or herself is endangered.

      (B) For purposes of this chapter, a long-term care facility resident is presumed to be an "impaired person";

   (8) "Long-term care facility" means:

      (A) A nursing home;

      (B) A residential care facility;

      (C) A post-acute head injury retraining and residential facility;

      (D) Any facility that provides long-term medical or personal care;

      (E) An intermediate care facility for the mentally retarded; or

      (F) An assisted-living facility;

   (9) "Long-term care facility resident" means a person, regardless of age, living in a long-term care facility;

   (10) "Long-term care facility resident maltreatment" means abuse, exploitation, neglect, physical abuse, or sexual abuse of a long-term care facility resident;

   (11) "Neglect" means:

      (A) An act or omission by an endangered person or an impaired person, for example, self-neglect; or

      (B) A purposeful act or omission by a caregiver responsible for the care and supervision of an adult endangered person or an adult impaired person that constitutes negligently failing to:

         (i) Provide necessary treatment, rehabilitation, care, food, clothing, shelter, supervision, or medical services to an adult endangered person or an adult impaired person;

         (ii) Report a health problem or a change in a health problem or a change in the health condition of an adult endangered person or an adult impaired person to the appropriate medical personnel;

         (iii) Carry out a prescribed treatment plan; or

         (iv) Provide a good or service necessary to avoid physical harm, mental anguish, or mental illness as defined in regulations promulgated by the Office of Long-Term Care of the Division of Medical Services of the Department of Health and Human Services to an adult long-term care facility resident;

   (12) "Physical injury" means the:

      (A) Impairment of a physical condition; or

      (B) Infliction of substantial pain;

   (13) "Serious bodily harm" means:

      (A) Physical abuse;

      (B) Sexual abuse;

      (C) Physical injury; or

      (D) Serious physical injury as defined in this chapter;

   (14) "Serious physical injury" means physical injury to an endangered person or an impaired person that:

      (A) Creates a substantial risk of death; or

      (B) Causes:

         (i) Protracted disfigurement;

         (ii) Protracted impairment of health; or

         (iii) Loss or protracted impairment of the function of any bodily member or organ; and

   (15) "Sexual abuse" means deviate sexual activity, sexual contact, or sexual intercourse, as those terms are defined in § 5-14-101, with another person who is incapable of consent because he or she is:

      (A) Mentally defective, as defined in § 5-14-101;

      (B) Mentally incapacitated, as defined in § 5-14-101; or

      (C) Physically helpless, as defined in § 5-14-101.

Criminal Financial Exploitation
A.C.A. § 5-28-103  (2015)

Title 5. Criminal Offenses 

Subtitle 3. Offenses Involving Families, Dependents, Etc. 

Chapter 28.  Abuse of Adults 

Subchapter 1. General Provisions

§ 5-28-103.  Criminal penalties for abuse of an endangered or impaired person.

(a) It is unlawful for any person or caregiver to abuse, neglect, or exploit any endangered person or impaired person subject to protection under a provision of this chapter.

(b)(1) If the abuse causes serious physical injury or a substantial risk of death, any person or caregiver who purposely abuses an endangered person or an impaired person is guilty of a Class B felony.

   (2) If the abuse causes physical injury, any person or caregiver who purposely abuses an adult endangered person or an adult impaired person in violation of a provision of this chapter is guilty of a Class D felony.

(c)  (1) Any person or caregiver who neglects an adult endangered person or an adult impaired person in violation of a provision of this chapter, causing serious physical injury or substantial risk of death, is guilty of a Class D felony.

   (2) Any person or caregiver who neglects an adult endangered person or an adult impaired person in violation of a provision of this chapter, causing physical injury, is guilty of a Class B misdemeanor.

(d) Any person or caregiver who abuses an adult endangered person or and adult impaired person is guilty of a Class B misdemeanor.

(e) Any person or caregiver who exploits a person in violation of a provision of this chapter when the value of the property, asset, or resource is:

   (1) Two thousand five hundred dollars ($2,500) or more, is guilty of a Class B felony;

   (2) Less than two thousand five hundred dollars ($2,500) but more than two hundred dollars ($200), is guilty of a Class C felony; and

   (3) Two hundred dollars ($200) or less, is guilty of a Class A misdemeanor.

Civil Elder Abuse
A.C.A. §§ 12-12-1701 through 12-12-1723 (2017)

A.C.A. § 12-12-1703  (2017)

Title 12  Law Enforcement, Emergency Management, and Military Affairs 
Subtitle 2.  Law Enforcement Agencies and Programs 
Chapter 12  Crime Reporting And Investigations 
Subchapter 17  -- Adult and Long-Term Care Facility Resident Maltreatment Act

As used in this subchapter:    (1)  (A) "Abuse" means with regard to any long-term care facility resident or any patient at the Arkansas State Hospital by a caregiver:         (i) Any intentional and unnecessary physical act that inflicts pain on or causes injury to an endangered person or an impaired person, excluding court-ordered medical care or medical care requested by the patient or long-term care facility resident or a person legally authorized to make medical decisions on behalf of the patient or long-term care facility resident;         (ii) Any intentional act that a reasonable person would believe subjects an endangered person or an impaired person, regardless of age, ability to comprehend, or disability, to ridicule or psychological injury in a manner likely to provoke fear or alarm, excluding necessary care and treatment provided in accordance with generally recognized professional standards of care;         (iii) Any intentional threat that a reasonable person would find credible and nonfrivolous to inflict pain on or cause injury to an endangered person or an impaired person except in the course of medical treatment or for justifiable cause; or         (iv) Any willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain, or mental anguish.                      (B) "Abuse" means with regard to any person who is not a long-term care facility resident or a patient at the Arkansas State Hospital:         (i) Any intentional and unnecessary physical act that inflicts pain on or causes injury to an endangered person or an impaired person;         (ii) Any intentional act that a reasonable person would believe subjects an endangered person or an impaired person, regardless of age, ability to comprehend, or disability, to ridicule or psychological injury in a manner likely to provoke fear or alarm; or         (iii) Any intentional threat that a reasonable person would find credible and nonfrivolous to inflict pain on or cause injury to an endangered person or an impaired person except in the course of medical treatment or for justifiable cause;

 (2) "Adult maltreatment" means abuse, exploitation, neglect, or sexual abuse of an adult;

  (6) "Exploitation" means the: (A) Illegal or unauthorized use or management of an endangered person's or an impaired person's funds, assets, or property;  (B) Use of an adult endangered person's or an adult impaired person's power of attorney or guardianship for the profit or advantage of one's own self or another; (C) The fraudulent or otherwise illegal, unauthorized, or improper act or process of a person, including a caregiver or fiduciary, that uses the resources of an endangered person, impaired person, or long-term care facility resident for monetary or personal benefit, profit, or gain, or that results in depriving the endangered person, impaired person, or long-term care facility resident of rightful access to or use of benefits, resources, belongings, or assets; or  (D) Misappropriation of property of a long-term care facility resident, that is, the deliberate misplacement, exploitation, or wrongful, temporary, or permanent use of a long-term care facility resident's belongings or money without the long-term care facility resident's consent;

  (16) "Neglect" means: (A) An act or omission by an endangered person or an impaired person, for example, self-neglect; or    (B) An act or omission by a caregiver responsible for the care and supervision of an endangered person or an impaired person constituting:     (i) Negligently failing to provide necessary treatment, rehabilitation, care, food, clothing, shelter, supervision, or medical services to an endangered person or an impaired person;  (ii) Negligently failing to report health problems or changes in health problems or changes in the health condition of an endangered person or an impaired person to the appropriate medical personnel;   (iii) Negligently failing to carry out a treatment plan developed or implemented by the facility; or  (iv) Negligently failing to provide goods or services to a long-term care facility resident necessary to avoid physical harm, mental anguish, or mental illness;

 (21) "Sexual abuse" means deviate sexual activity, sexual contact, or sexual intercourse, as those terms are defined in § 5-14-101, with another person who is not the actor's spouse and who is incapable of consent because he or she is mentally defective, mentally incapacitated, or physically helpless; and

Criminal Elder Abuse
Ark. Code. Ann. §   5-28-103

(a) It is unlawful for any person or caregiver to abuse, neglect, or exploit any endangered person or impaired person subject to protection under a provision of this chapter.

(b) (1) If the abuse causes serious physical injury or a substantial risk of death, any person or caregiver who purposely abuses an endangered person or an impaired person is guilty of a Class B felony.

(2) If the abuse causes physical injury, any person or caregiver who purposely abuses an adult endangered person or an adult impaired person in violation of a provision of this chapter is guilty of a Class D felony.

(c) (1) Any person or caregiver who neglects an adult endangered person or an adult impaired person in violation of a provision of this chapter, causing serious physical injury or substantial risk of death, is guilty of a Class D felony.

(2) Any person or caregiver who neglects an adult endangered person or an adult impaired person in violation of a provision of this chapter, causing physical injury, is guilty of a Class B misdemeanor.

(d) Any person or caregiver who abuses an adult endangered person or and adult impaired person is guilty of a Class B misdemeanor.

(e) Any person or caregiver who exploits a person in violation of a provision of this chapter when the value of the property, asset, or resource is:

(1) Two thousand five hundred dollars ($2,500) or more, is guilty of a Class B felony;

(2) Less than two thousand five hundred dollars ($2,500) but more than two hundred dollars ($200), is guilty of a Class C felony; and

(3) Two hundred dollars ($200) or less, is guilty of a Class A misdemeanor.

https://law.justia.com/codes/arkansas/2016/title-5...
Criminal Elder Abuse
Ark. Code. Ann. §  5-28-101

As used in this chapter:

(1) "Abuse" means:

(A) Any purposeful and unnecessary physical act that inflicts pain on or causes injury to an endangered person or an impaired person;

(B) Any purposeful or demeaning act that a reasonable person would believe subjects an endangered person or an impaired person, regardless of age, ability to comprehend, or disability, to ridicule or psychological injury in a manner likely to provoke fear or alarm;

(C) Any purposeful threat that a reasonable person would find credible and nonfrivolous to inflict pain on or cause injury to an endangered person or an impaired person except in the course of medical treatment or for justifiable cause; or

(D) With regard to any adult long-term care facility resident by a caregiver, any purposeful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain, or mental anguish;

(2) "Adult maltreatment" means adult abuse, exploitation, neglect, physical abuse, or sexual abuse;

(3) "Caregiver" means a related or unrelated person, owner, agent, high managerial agent of a public or private organization, or a public or private organization that has the responsibility for the protection, care, or custody of an adult endangered person or an adult impaired person as a result of assuming the responsibility voluntarily, by contract, through employment, or by order of the court;

(4) "Endangered person" means:

(A) An adult who:

(i) Is found to be in a situation or condition that poses an imminent risk of death or serious bodily harm to the adult; and

(ii) Demonstrates a lack of capacity to comprehend the nature and consequences of remaining in that situation or condition; or

(B) A long-term care facility resident who:

(i) Is found to be in a situation or condition which poses an imminent risk of death or serious bodily harm to the person; and

(ii) Demonstrates a lack of capacity to comprehend the nature and consequences of remaining in that situation or condition;

(5) "Exploitation" means:

(A) The illegal or unauthorized use or management of an an adult endangered person's or an adult impaired person's funds, assets, or property or the use of an adult endangered person's or an adult impaired person's, power of attorney, or guardianship for the profit or advantage of the actor or another person; or

(B) Misappropriation of property of an adult long-term care facility resident which means the deliberate misplacement, exploitation, or wrongful, temporary, or permanent use of an adult long-term care facility resident's belongings or money without the adult long-term care facility resident's consent;

(6) "Imminent danger to health or safety" means a situation in which death or severe bodily injury could reasonably be expected to occur without intervention;

(7) (A) "Impaired person" means a person eighteen (18) years of age or older who as a result of mental or physical impairment is unable to protect himself or herself from abuse, sexual abuse, neglect, or exploitation, and as a consequence of this inability to protect himself or herself is endangered.

(B) For purposes of this chapter, a long-term care facility resident is presumed to be an "impaired person";

(8) "Long-term care facility" means:

(A) A nursing home;

(B) A residential care facility;

(C) A post-acute head injury retraining and residential facility;

(D) Any facility that provides long-term medical or personal care;

(E) An intermediate care facility for individuals with intellectual disabilities; or

(F) An assisted-living facility;

(9) "Long-term care facility resident" means a person, regardless of age, living in a long-term care facility;

(10) "Long-term care facility resident maltreatment" means abuse, exploitation, neglect, physical abuse, or sexual abuse of a long-term care facility resident;

(11) "Neglect" means:

(A) An act or omission by an endangered person or an impaired person, for example, self-neglect; or

(B) A purposeful act or omission by a caregiver responsible for the care and supervision of an adult endangered person or an adult impaired person that constitutes negligently failing to:

(i) Provide necessary treatment, rehabilitation, care, food, clothing, shelter, supervision, or medical services to an adult endangered person or an adult impaired person;

(ii) Report a health problem or a change in a health problem or a change in the health condition of an adult endangered person or an adult impaired person to the appropriate medical personnel;

(iii) Carry out a prescribed treatment plan; or

(iv) Provide a good or service necessary to avoid physical harm, mental anguish, or mental illness as defined in regulations promulgated by the Office of Long-Term Care of the Division of Medical Services of the Department of Human Services to an adult long-term care facility resident;

(12) "Physical injury" means the:

(A) Impairment of a physical condition; or

(B) Infliction of substantial pain;

(13) "Serious bodily harm" means:

(A) Physical abuse;

(B) Sexual abuse;

(C) Physical injury; or

(D) Serious physical injury as defined in this chapter;

(14) "Serious physical injury" means physical injury to an endangered person or an impaired person that:

(A) Creates a substantial risk of death; or

(B) Causes:

(i) Protracted disfigurement;

(ii) Protracted impairment of health; or

(iii) Loss or protracted impairment of the function of any bodily member or organ; and

(15) "Sexual abuse" means deviate sexual activity, sexual contact, or sexual intercourse, as those terms are defined in § 5-14-101, with another person who is incapable of consent because he or she is:

(A) Mentally defective, as defined in § 5-14-101;

(B) Mentally incapacitated, as defined in § 5-14-101; or

(C) Physically helpless, as defined in § 5-14-101.

https://law.justia.com/codes/arkansas/2016/title-5...