Abuse and Neglect of Elderly and Vulnerable Adults (2024)

Topics on this page

• Mandatory Reporting
• Signs of Abuse

Mandatory Reporting

Maryland law requires health practitioners, police officers, andhuman service workers who havereason to believe that a vulnerable adult is in danger to report that fact to the local department of social services. If these individuals are acting as a staff member of a hospital or public health agency, then 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 involvingthe misuse of a vulnerable adult’s funds, property, or person.
• Neglectis 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'sinability to provide for his/her physical or mental health, which impairs or threatens theirwell-being.
• A Vulnerable Adultis 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 crime for a household member, family member, or anyone responsible for the supervision of a vulnerable adult to neglect or abuse the vulnerable adult or intentionally and maliciously inflict severe emotional distress on the vulnerable adult. Any abuse or neglect that results in sexual abuse, serious harm, or death is afelony of abuse or neglect of a vulnerable adult in the first degree and is punishable by up to 10 years in prison and/or up to $10,000 in fines. Any abuse, neglect, or infliction of severe emotional distressnot rising to first degree abuse or neglect of a vulnerable adult may still be prosecuted as misdemeanor of abuse or neglect of a vulnerable adult in the second degree. On conviction, this misdemeanor is punishable by up to five years in prison and/orup to $5,000 in fines.

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:

• the Adult Protective Services office of yourlocal Department of Social ServicesOR
• the Maryland Department of Human Resources at1-800-332-6347.

Responding to Abuse or Neglect from the Maryland Courts

What are some signs of abuse?

The items on this list are not proof of abuse, but could be clues that there is abuse, neglect, or exploitation. 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

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 inwater 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

Signs of Self-Neglect from the Maryland Courts

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

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

• the Adult Protective Services office of yourlocal Department of Social ServicesOR
• the Maryland Department of Human Resources at1-800-332-6347.

How to Prevent Abuse & Neglect from the Maryland Courts

Source

PLL Contributors