Abuse and Neglect of Elderly and Vulnerable Adults

Under Maryland law any health practitioner, police officer, or human service worker who has reason to believe that a vulnerable adult is in danger is required to report that fact to the local department of social services. Any concerned person may make such a report.

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Mandatory Reporting

Under Maryland law, health practitioners, police officers, and human service workers who have reason to believe that a vulnerable adult is in danger are required to report their concerns to the local Department of Social Services. If these individuals are employed by a hospital or public health agency, they must immediately notify the head of the institution. In addition, any concerned person may also make such a report. 

The law's purpose is to prevent or remedy neglect, self-neglect, abuse, or exploitation of vulnerable adults who are unable to protect their own interests and are at risk of immediate harm to their own person or to others. The following definitions are very important: 

  • Abuse is the sustaining of any physical injury by a vulnerable adult as a result of cruel or inhumane treatment or as a result of a malicious act by any person.
  • Exploitation is any action involving the misuse of a vulnerable adult’s funds, property, or person.
  • Neglect is the willful deprivation of adequate food, clothing, medical treatment, or habilitative therapy, shelter, or supervision from a vulnerable adult.
  • Self-Neglect is a vulnerable adult's inability to provide for his/her physical or mental health, which impairs or threatens their well-being.
  • A Vulnerable Adult is a person aged 18 or over who lacks the physical or mental capacity to provide for her or his daily needs.

Read the Law: Md. Code, Family Law § 14-101, § 14-302

It is a criminal offense for a household member, family member, or anyone responsible for the care of a vulnerable adult to neglect or abuse that person, or to intentionally and maliciously inflict severe emotional distress. If such abuse or neglect results in sexual abuse, serious injury, or death, it constitutes a first-degree felony, punishable by up to 10 years in prison and/or a fine of up to $10,000. 

Abuse, neglect, or severe emotional distress that does not meet the criteria for first-degree offenses may still be prosecuted as a second-degree misdemeanor. Conviction of this misdemeanor carries a penalty of up to five years in prison and/or a fine of up to $5,000. 

Read the Law: Md. Code, Criminal Law §§ 3-604, 3-605

If you are a victim of these types of treatment or think that someone else is, contact:

Responding to Abuse or Neglect from the Maryland Courts

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What are some signs of abuse?

While the items on this list could be clues that there is abuse, neglect, or exploitation, they are not proof. Any one, or many of the things on this list, can occur for many reasons other than abuse or neglect.

Types & Signs of Abuse from the Maryland Courts

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Physical Abuse

  • multiple injuries
  • injuries that normally would not occur together
  • bruises, welts, or abrasions
  • the use of physical restraints, such as tying
  • burns that could come from cigarettes or immersion in water that is too hot
  • a caregiver's refusal to allow visitors to see the person alone
  • lab findings indicating over-medication

Physical Neglect

  • dehydration
  • malnourishment without a cause related to illness
  • failure to provide physical aids, such as glasses, hearing aids, or false teeth
  • bed sores
  • lack of compliance with medical care instructions

Signs of Neglect from the Maryland Courts

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Signs of Self-Neglect from the Maryland Courts

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Psychological Abuse

  • statements about a caretaker that indicate fear
  • threats or insults by caretaker
  • caretaker talks of person as a burden
  • person is withdrawn, gives short answers to questions, averts gaze
  • person is not given opportunity to talk to others alone
  • caregiver leaves person alone for long periods of time
  • caregiver ignores person; gives "silent treatment"
  • person shows signs of infantile behavior, antisocial behavior

Financial Neglect or Exploitation

  • someone has the person's mail sent to their own address
  • person is confused about his or her income and resources
  • possessions and quality of life seems substandard given the resources the person has
  • frequent or large gifts to a caregiver
  • frequent checks written to caregiver
  • unusual activity in bank accounts
  • personal belongings missing
  • person signs as surety or co-signer on loans
  • someone lives with the person and refuses to leave
  • numerous unpaid bills despite adequate income
  • other persons added to bank accounts

Financial Exploitation from the Maryland Courts

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If you are a victim of these types of treatment or think that someone else is, contact:

How to Prevent Abuse & Neglect from the Maryland Courts

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Source
PLL Contributors
Source URL: https://test.peoples-law.org/abuse-and-neglect-elderly-persons

List of links present in page
  1. https://test.peoples-law.org/abuse-and-neglect-elderly-persons
  2. #mandatory
  3. #signs
  4. http://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gfl&section=14-101
  5. http://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gfl&section=14-302
  6. http://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcr&section=3-604
  7. http://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcr&section=3-605
  8. http://dhs.maryland.gov/local-offices/
  9. https://mdcourts.gov/family/guardianship/videoseries/respondingtoabuseandneglect
  10. https://www.youtube.com/watch?v=tsFowSi9bv4
  11. https://mdcourts.gov/family/guardianship/videoseries/typesandsignsofabuse
  12. https://www.youtube.com/watch?v=tCbsZFa1VRw
  13. https://mdcourts.gov/family/guardianship/videoseries/signsofneglect
  14. https://www.youtube.com/watch?v=dBJBoWC_tAE
  15. https://mdcourts.gov/family/guardianship/videoseries/signsofselfneglect
  16. https://www.youtube.com/watch?v=I2nqByqMKtk
  17. https://mdcourts.gov/family/guardianship/videoseries/financialexploitation
  18. https://www.youtube.com/watch?v=5BfLmQMYrok
  19. http://dhs.maryland.gov/local-offices/
  20. https://mdcourts.gov/family/guardianship/videoseries/howtopreventabuseandneglect
  21. https://www.youtube.com/watch?v=O9kqHiBtnKE