Elder Abuse and Protective Services
NOTE: Glossary words are highlighted. Click on any glossary word to see its definition.
What is elder abuse?
Elder abuse is when a caregiver seriously harms an elderly person physically or emotionally, or steals or misuses the money or property of an elderly person. Elder abuse can also be self-inflicted if an elderly person living alone doesn't take care of his or her own basic needs.
Elder abuse can be:
- physical abuse
- emotional or verbal abuse
- sexual abuse
- financial exploitation
- caretaker neglect
- self-abuse, when a senior is living alone and doesn't properly care for him/herself
The Massachusetts laws that apply to abuse of elderly persons are given in M.G.L.Chapter 19A, Sections 14-26.
Special laws apply to residents of nursing homes. These are included in M.G.L. Chapter 111, Sections 72F - 72L.
Who is protected?
Anyone age 60 or older is protected by elder abuse laws. Separate laws apply to seniors living at home, and seniors living in nursing homes. There are no income limits for protective services.
Who can report elder abuse?
Anyone can report elder abuse.
If you, or a senior you know, is being abused or in danger of being abused, you should report it. Some people are required by law to report elder abuse, but anyone who believes an elder is suffering or has died as a result of abuse can and should report the abuse. Seniors can even report self-abuse, if they are living alone and unable to care for themselves.
Massachusetts laws require doctors, nurses, social workers, police and other emergency responders, elder outreach workers, directors of home health agencies, and certain other workers to report elder abuse. If any of these mandated reporters knows of elder abuse and doesn't report it, that person can be fined. A mandated reporter must call to report the abuse right away, and must file a written report within 48 hours.
How do I report elder abuse?
In an emergency where there is immediate danger, call 911.
In non-emergency situations, you should call your local Aging Services Access Point (ASAP) and ask for Protective Services:
You may also call the Massachusetts Elder Abuse Hot Line at 1-800-922-2275. The Elder Abuse Hotline is open 24 hours a day, 7 days a week.
When you call, you should give as much of the following information as possible:
- the name and address of the senior
- the senior's age
- the type of abuse
- any medical treatment the senior is receiving
- the name of the caregiver, if any
- anything else you think is important to report
You may give your name and address if you choose, but you do not have to give this information. Your report will remain confidential, and the senior or caregiver will not be told your name.
For nursing home abuse, you should call the Long Term Care Ombudsman serving your area. For contact information, call the Massachusetts Department of Elder Affairs toll-free at 1-800-882-2003, or see Long Term Care Ombudsman Program Telephones (requires Adobe Reader).
What protective services are provided?
A Protective Services caseworker will investigate the report to determine the type and extent of abuse. When needed, the caseworker will work with the senior and caregivers to develop a protective service care plan. Services may include counseling, legal services, home health care, transportation, housing, and safety planning.
For seniors living alone and not willing and/or able to care for themselves, a caseworker will meet with the senior to develop a plan to improve self-care and get support services.
Seniors must consent to protective services. If a senior is not competent to give consent, the caseworker may petition the courts for a temporary guardianship.
Protective services are free of charge.
Useful links
These links are external links to web sites that are not part of MassResources.org. When you click on these links, you will leave our site. Click "Back" on your browser to return.
- Protective Services Program
Description of services provided by the Protective Services Program of the Massachusetts Executive Office of Elder Affairs. Also includes instructions on how to report elder abuse.
Elder Abuse and Protective Services section last updated on 6/01/10
|
