A U.S. Bureau of Justice study in 1998 estimated that as many as 500,000 cases of elder abuse were reported and substantiated in 1996. Further, estimates indicate that over 2 million additional incidents went unreported that same year. One reason that so many incidents were not reported may be that relatives and friends are not always sensitive to signs of abuse. Frequently, the most reliable indicators of abuse are complaints made by the elder, but the elder may be unable or unwilling to complain. Because most states impose reporting requirements on those who become aware of elder abuse, it is important to recognize the signs. The following are some of the possible signs indicating common forms of elder abuse.

 

While the federal Older Americans Act of 1965 sets the general guidelines for elder abuse prevention services, elder law is ultimately state-governed and varies widely by jurisdiction. All states have enacted legislation authorizing the provision of adult protective services (APS). While statutes vary by jurisdiction, APS laws generally provide preventive services for at-risk elders, including mandatory and/or voluntary reporting procedures.

 

California and Kansas are among the states that have enacted mandatory reporting statutes for certain individuals. California requires "mandated reporters" with knowledge or reasonable suspicion of abuse to telephone the appropriate authorities "as soon as practicably possible," and to send a written report of the abuse within two working days of the time of knowledge or suspicion. A "mandated reporter" is any person who has assumed responsibility for the care or custody of an elder, including:

In states with mandatory reporting requirements, criminal penalties may be imposed for the failure to report abuse. For example, in Kansas, the penalty for not reporting when required to do so is a class B misdemeanor.  

 

Voluntary reporting statutes typically provide that a person may report information of abuse if they have "reasonable cause" to believe that abuse has occurred. Many states have enacted both mandatory and voluntary reporting statutes, depending on the person reporting the abuse. For example, Pennsylvania law imposes mandatory reporting requirements on certain care providers, (such as employees and administrators of care facilities), and provides for voluntary reporting on the part of other persons believing an elder is being abused. Pennsylvania law allows a person voluntarily reporting suspected abuse to remain anonymous, and provides legal protection to the reporter from retaliation, discrimination and criminal prosecution.

 

In September of 2005, California enacted a law requiring bank and credit union employees to report suspected abuse to Adult Protective Services or law enforcement. Individual employees will not be liable for failure to report possible abuse or for being wrong in suspecting abuse. However, the bank or financial institution could face civil penalties of up to $5,000 from state and local governments for failing to report financial abuse of the elderly. The law became effective January 1, 2007.