Charges
Caregiver Neglect Laws
Financial Exploitation Laws
Physical Abuse Laws
Sexual Abuse/Assault Laws
Statutes
Definitions
For purposes of this chapter, the following terms shall have the following meanings:
(1) CAREGIVER. An individual who has the responsibility for the care of an elderly person as a result of family relationship or who has assumed the responsibility for the care of the person voluntarily, for pecuniary gain, by contract, or as a result of the ties of friendship.
(2) DECEPTION. Deception occurs when a person knowingly:
a. Creates or confirms another’s impression which is false and which the defendant does not believe to be true.
b. Fails to correct a false impression which the defendant previously has created or confirmed.
c. Fails to correct a false impression when the defendant is under a duty to do so.
d. Prevents another from acquiring information pertinent to the disposition of the property involved.
e. Sells or otherwise transfers or encumbers property, failing to disclose a lien, adverse claim, or other legal impediment to the enjoyment of the property, whether that impediment is or is not valid, or is not a matter of official record.
f. Promises performance which the defendant does not intend to perform or knows will not be performed.
(3) ELDERLY PERSON. A person 60 years of age or older.
(4) EMOTIONAL ABUSE. The intentional 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 elderly person.
(5) FINANCIAL EXPLOITATION. The use of deception, intimidation, undue influence, force, or threat of force to obtain or exert unauthorized control over an elderly person’s property with the intent to deprive the elderly person of his or her property or the breach of a fiduciary duty to an elderly person by the person’s guardian, conservator, or agent under a power of attorney which results in an unauthorized appropriation, sale, or transfer of the elderly person’s property.
(6) INTIMIDATION. A threat of physical or emotional harm to an elderly person, or the communication to an elderly person that he or she will be deprived of food and nutrition, shelter, property, prescribed medication, or medical care or treatment.
(7) NEGLECT. The failure of a caregiver to provide food, shelter, clothing, medical services, medication, or health care for an elderly person.
(8) PERSON. A human being.
(9) UNDUE INFLUENCE. Domination, coercion, manipulation, or any other act exercised by another person to the extent that an elderly person is prevented from exercising free judgment and choice.
Elder Abuse and Neglect – First Degree
(a) A person commits the crime of elder abuse and neglect in the first degree if he or she intentionally abuses or neglects any elderly person and the abuse or neglect causes serious physical injury to the elderly person.
(b) Elder abuse and neglect in the first degree is a Class A felony.
Elder Abuse and Neglect – Second Degree
(a) A person commits the crime of elder abuse and neglect in the second degree if he or she does any of the following:
(1) Intentionally abuses or neglects any elderly person and the abuse or neglect causes physical injury to the elderly person.
(2) Recklessly abuses or neglects any elderly person and the abuse or neglect causes serious physical injury to the elderly person.
(3) Recklessly abuses or neglects or emotionally abuses any elderly person having been previously convicted of elder abuse and neglect in the third degree in any court.
(b) Elder abuse and neglect in the second degree is a Class B felony.
Elder Abuse and Neglect – Third Degree
(a) A person commits the crime of elder abuse and neglect in the third degree if he or she does any of the following:
(1) Recklessly abuses or neglects any elderly person and the abuse or neglect causes physical injury.
(2) Recklessly emotionally abuses any elderly person.
(b) Elder abuse and neglect in the third degree is a Class A misdemeanor.
Financial Exploitation of an Elderly Person – First Degree
(a) The financial exploitation of an elderly person in which the value of the property taken exceeds two thousand five hundred dollars ($2,500) constitutes financial exploitation of the elderly person in the first degree.
(b) Financial exploitation of an elderly person in the first degree is a Class B felony.
Financial Exploitation of an Elderly Person – Second Degree
(a) The financial exploitation of an elderly person in which the value of the property taken exceeds five hundred dollars ($500) but does not exceed two thousand five hundred dollars ($2,500) constitutes financial exploitation of the elderly person in the second degree.
(b) Financial exploitation of an elderly person in the second degree is a Class C felony.
Financial Exploitation of an Elderly Person – Third Degree
(a) The financial exploitation of an elderly person in which the value of the property taken does not exceed five hundred dollars ($500) constitutes financial exploitation of the elderly person in the third degree.
(b) Financial exploitation of an elderly person in the third degree is a Class A misdemeanor.
State Mandated Reporting
Alabama
Who has to report?
All physicians, other practitioners of the healing arts, or caregivers having reasonable cause to believe that any of the circumstances requiring reporting are present.
When to report?
The protected person has been subjected to physical abuse, neglect, exploitation, securable abuse, or emotional abuse.
How to report?
An oral report, by telephone or otherwise, shall be made immediately, followed by a written report, to the county department of human resources or to the chief of police of the city or city and county, or to the sheriff of the county if the observation is made in an unincorporated territory, except that reports of a nursing home employee who abuses, neglects, or misappropriates the property of a nursing home resident shall be made to the Department of Public Health. All reports prepared by a law enforcement official shall be forwarded to the county department of human resources within 24 hours.
Alabama Adult Protective Services Adult Abuse Hotline: 1-800-458-7214
http://dhr.alabama.gov/services/Adult_Protective_Services/Adult_Protective_Services.aspx
