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Certain individuals are required to report elder abuse, or abuse of an at-risk disabled adult. In that regard, Georgia law provides as follows: O.C.G.A. § 30-5-4.  Reporting of need for protective services; manner and contents of report; immunity from civil or criminal liability; privileged communications (a) (1) (A) The following persons having reasonable cause to […]

Self-neglect is characterized as the behaviors of an elderly person that threaten his/her own health or safety. Self-neglect generally manifests itself in an older person’s refusal or failure to provide himself/herself with adequate food, water, clothing, shelter, safety, personal hygiene, and medication (when indicated). For the purpose of this study, the definition of self-neglect excludes […]

Neglect is the refusal or failure to fulfill any part of a person’s obligations or duties to an elder. Neglect may also include a refusal or failure by a person who has fiduciary responsibilities to provide care for an elder (e.g., failure to pay for necessary home care service, or the failure on the part […]

Abandonment is the desertion of an elderly person by an individual who has assumed responsibility for providing care or by a person with physical custody of an elder. Signs and Symptoms of abandonment The desertion of an elder at a hospital, nursing facility, or other similar institution The desertion of an elder at a shopping […]

Financial or material exploitation is the illegal or improper use of an elder’s funds, property, or assets. Examples include but are not limited to cashing checks without authorization or permission; forging an older person’s signature; misusing or stealing an older person’s money or possessions; coercing or deceiving an older person into signing a document (e.g., […]

Emotional or psychological abuse is the infliction of anguish, emotional pain, or distress. Emotional or psychological abuse includes but is not limited to verbal assaults, insults, threats, intimidation, humiliation, and harassment. In addition, treating an older person like an infant; isolating an elderly person from family, friends, or regular activities; giving an older person a […]

Sexual abuse is nonconsensual sexual contact of any kind with an elderly person. Sexual contact with any person incapable of giving consent also is considered sexual abuse; it includes but is not limited to unwanted touching, all types of sexual assault or battery such as rape, sodomy, coerced nudity, and sexually explicit photographing. Georgia law […]

Physical abuse is the use of physical force that may result in bodily injury, physical pain, or impairment. Physical abuse may include but is not limited to such acts of violence as striking (with or without an object), hitting, beating, pushing, shoving, shaking, slapping, kicking, pinching, and burning.The unwarranted administration of drugs and physical restraints, […]

Abuse of disabled adult or person is 65 years of age or older occurs when someone intentionally causes harm or puts someone at risk for harm.  Neglect occurs when someone intentionally or unknowingly withholds basic necessities or care. Self-neglect refers to a person’s inability to provide care and support to himself or herself. At-risk adult […]

In hindsight, people might have acted differently. That could be the case with the participants litigating Colonial Park Care Center, LLC v. Dep’t of Public Works, 2015 Pa. Commw. LEXIS 406 (July 21, 2015). In March, 2012, John Matjasic was admitted to Colonial Park, a nursing home. John was 77 years old at the time. […]

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Elder Law Blog