Protections
Background
Mistreatment of the elderly may be physical, psychological, or financial, and can be categorized under three general headings: domestic, institutional, and neglect. Domestic elder abuse refers to maltreatment of an older person by someone who has a relationship with the older adult (e.g., a spouse, a sibling, a child, a friend, or a caregiver). Institutional abuse occurs in residential facilities (e.g., nursing homes, group homes, assisted living) by people who have a legal or contractual obligation to provide care (paid caregivers, staff, professionals). Neglect means refusal or failure to fulfill any part of a person's obligations or duties. Self-neglect is the most common form of abuse among older adults. It occurs when individuals are unable to meet their own basic needs (nutrition, hygiene, finances, medical care, shelter) due to poverty and/or mental impairment. Financial or material exploitation occurs when an individual improperly uses the resources of an older person without his or her consent for their own personal gain. Abusive behavior may be deliberate acts to cause suffering, or unintentional harm resulting from a lack of knowledge, illness, stress, or laziness (as in cases of neglect) on the part of the abuser.
As stated in the Older Americans Act, older adults should have "freedom, independence, and protection from abuse, neglect and exploitation". Similarly, The Texas Department on Aging's Vision for an Aging Texas asserts that older people should have opportunities to secure access to protection and rights. Visit the Legal section of Aging Texas Well for a more detailed discussion of individuals' legal rights.
Updated: November 2, 2007
