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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
35 P.S. § 10225.103 (2016)

PENNSYLVANIA STATUTES  

TITLE 35.  HEALTH AND SAFETY 

CHAPTER 58.  OLDER ADULTS PROTECTIVE SERVICES ACT 

CHAPTER 1.  PRELIMINARY PROVISIONS

35 P.S. § 10225.103 (2013)

§ 10225.103.  Definitions

"EXPLOITATION." An act or course of conduct by a caretaker or other person against an older adult or an older adult's resources, without the informed consent of the older adult or with consent obtained through misrepresentation, coercion or threats of force, that results in monetary, personal or other benefit, gain or profit for the perpetrator or monetary or personal loss to the older adult.


"OLDER ADULT." A person within the jurisdiction of the Commonwealth who is 60 years of age or older.

Civil Elder Abuse
35 P.S. §§ 10225.101 through 10225.5102 (2017)

35 P.S. § 10225.103 (2017)

Pennsylvania Statutes  Title 35.  Health and Safety  Chapter 58.  Older Adults Protective Services Act  Chapter 1.  Preliminary Provisions

 "ABANDONMENT." The desertion of an older adult by a caretaker.

"ABUSE." The occurrence of one or more of the following acts:     (1) The infliction of injury, unreasonable confinement, intimidation or punishment with resulting physical harm, pain or mental anguish.     (2) The willful deprivation by a caretaker of goods or services which are necessary to maintain physical or mental health.     (3) Sexual harassment, rape or abuse, as defined in the act of October 7, 1976 (P.L. 1090, No. 218), known as the Protection From Abuse Act.

  "EXPLOITATION." An act or course of conduct by a caretaker or other person against an older adult or an older adult's resources, without the informed consent of the older adult or with consent obtained through misrepresentation, coercion or threats of force, that results in monetary, personal or other benefit, gain or profit for the perpetrator or monetary or personal loss to the older adult.

  "NEGLECT." The failure to provide for oneself or the failure of a caretaker to provide goods or services essential to avoid a clear and serious threat to physical or mental health. No older adult who does not consent to the provision of protective services shall be found to be neglected solely on the grounds of environmental factors which are beyond the control of the older adult or the caretaker, such as inadequate housing, furnishings, income, clothing or medical care.

  "SERIOUS BODILY INJURY." Injury which creates a substantial risk of death or which causes serious permanent disfigurement or protracted loss or impairment of the function of a body member or organ.

   "SERIOUS PHYSICAL INJURY." An injury that:    (1) causes a person severe pain; or     (2) significantly impairs a person's physical functioning, either   temporarily or permanently.

   "SEXUAL ABUSE." Intentionally, knowingly or recklessly causing or attempting to cause rape, involuntary deviate sexual intercourse, sexual assault, statutory sexual assault, aggravated indecent assault, indecent assault or incest.