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
Burns Ind. Code Ann. § 35-46-1-12 (2020)

Burns Ind. Code Ann. § 12-10-3-2  (2020)

Title 35  Criminal Law and Procedure 
Article 46  Miscellaneous Offenses 
Chapter 1  Offenses Against the Family

"financial exploitation" (b) A person who recklessly uses or exerts control over the personal services or the property of:
(1) an endangered adult; or
(2) a dependent;
for the person's own profit or advantage or for the profit or advantage of another person, but not for the profit or advantage of a person described in subdivision (1) or (2), commits exploitation of a dependent or an endangered adult, a Class A misdemeanor. However, the offense is a Level 6 felony if the person has a prior unrelated conviction under this section.
(c) A person in a position of trust who recklessly engages in self-dealing with the property of:
(1) an endangered adult; or
(2) a dependent;
commits exploitation of a dependent or an endangered adult, a Class A misdemeanor. However, the offense is a Level 6 felony if the person has a prior unrelated conviction under this section.



Title 12  Human Services 
Article 10  Aging Services 
Chapter 3  Adult Protective Services

Sec. 2. (a) Except as provided in subsection (b), as used in this chapter,
endangered adult” means an individual who is:
(1) at least eighteen (18) years of age;
(2) incapable by reason of mental illness, intellectual disability, dementia, habitual drunkenness, excessive use of drugs, or other physical or mental incapacity of managing or directing the management of the individual's property or providing or directing the provision of self-care; and
(3) harmed or threatened with harm as a result of:
(A) neglect;
(B) a battery offense included in IC 35-42-2; or
(C) exploitation of the individual's personal services or property.
(b) For purposes of IC 12-10-3-17, IC 35-42-2-1, IC 35-42-2-1.3, and IC 35-46-1-13, “endangered adult” means an individual who is:
(1) at least eighteen (18) years of age;
(2) incapable by reason of mental illness, intellectual disability, dementia, or other physical or mental incapacity of managing or directing the management of the individual's property or providing or directing the provision of self-care; and
(3) harmed or threatened with harm as a result of:
(A) neglect; or
(B) battery.

Criminal Financial Exploitation
Ind. Code Ann. § 12-10-3-2(a) (2020)

Title 12. Human Services
Article 10. Aging Services
Chapter 3. Adult Protective Services
§ 12-10-3-2 “Endangered adult”

Sec. 2. (a) Except as provided in subsection (b), as used in this chapter, “endangered adult” means an individual who is:
(1) at least eighteen (18) years of age;
(2) incapable by reason of mental illness, intellectual disability, dementia, habitual drunkenness, excessive use of drugs, or other physical or mental incapacity of managing or directing the management of the individual's property or providing or directing the provision of self-care; and
(3) harmed or threatened with harm as a result of:
(A) neglect;
(B) a battery offense included in IC 35-42-2; or
(C) exploitation of the individual's personal services or property.

Criminal Financial Exploitation
Ind. Code Ann. § 35-46-1-12(b) & (c) (2020)

Title 35. Criminal Law and Procedure
Article 46. Miscellaneous Offenses
Chapter 1. Offenses Against the Family

(b) A person who recklessly uses or exerts control over the personal services or the property of:
(1) an endangered adult; or
(2) a dependent;
for the person's own profit or advantage or for the profit or advantage of another person, but not for the profit or advantage of a person described in subdivision (1) or (2), commits exploitation of a dependent or an endangered adult, a Class A misdemeanor. However, the offense is a Level 6 felony if the person has a prior unrelated conviction under this section.

(c) A person in a position of trust who recklessly engages in self-dealing with the property of:
(1) an endangered adult; or
(2) a dependent;
commits exploitation of a dependent or an endangered adult, a Class A misdemeanor. However, the offense is a Level 6 felony if the person has a prior unrelated conviction under this section.

Civil Elder Abuse
Burns Ind. Code Ann. §§ 12-10-3-1 through 12-10-3-31(2017)

Burns Ind. Code Ann. § 12-10-3-1  (2017)

Title 12  Human Services 
Article 10  Aging Services 
Chapter 3  Adult Protective Services

(a) Except as provided in subsection (b), as used in this chapter, "endangered adult" means an individual who is:      (1) at least eighteen (18) years of age;     (2) incapable by reason of mental illness, intellectual disability, dementia, habitual drunkenness, excessive use of drugs, or other physical or mental incapacity of managing or directing the management of the individual's property or providing or directing the provision of self-care; and     (3) harmed or threatened with harm as a result of:         (A) neglect;         (B) a battery offense included in IC 35-42-2; or         (C) exploitation of the individual's personal services or property.

Criminal Elder Abuse
Ind. Code § 35-46-1-12

Sec. 12. (a) Except as provided in subsection (b), a person who recklessly, knowingly, or intentionally exerts unauthorized use of the personal services or the property of:

(1) an endangered adult; or

(2) a dependent eighteen (18) years of age or older;

for the person's own profit or advantage or for the profit or advantage of another person commits exploitation of a dependent or an endangered adult, a Class A misdemeanor.

     (b) The offense described in subsection (a) is a Level 6 felony if:

(1) the fair market value of the personal services or property is more than ten thousand dollars ($10,000); or

(2) the endangered adult or dependent is at least sixty (60) years of age.

     (c) Except as provided in subsection (d), a person who recklessly, knowingly, or intentionally deprives an endangered adult or a dependent of the proceeds of the endangered adult's or the dependent's benefits under the Social Security Act or other retirement program that the division of family resources has budgeted for the endangered adult's or dependent's health care commits financial exploitation of an endangered adult or a dependent, a Class A misdemeanor.

     (d) The offense described in subsection (c) is a Level 6 felony if:

(1) the amount of the proceeds is more than ten thousand dollars ($10,000); or

(2) the endangered adult or dependent is at least sixty (60) years of age.

     (e) It is not a defense to an offense committed under subsection (b)(2) or (d)(2) that the accused person reasonably believed that the endangered adult or dependent was less than sixty (60) years of age at the time of the offense.

     (f) It is a defense to an offense committed under subsection (a), (b), or (c) if the accused person:

(1) has been granted a durable power of attorney or has been appointed a legal guardian to manage the affairs of an endangered adult or a dependent; and

(2) was acting within the scope of the accused person's fiduciary responsibility.

https://iga.in.gov/legislative/laws/2017/ic/titles...