Senior Citizens Handbook - Protection from Abuse and Neglect

Senior Citizens Handbook - Protection from Abuse and Neglect

Last updated: March 2009

(Chapter 8 Section 1 of Senior Citizens Handbook)

In this section, we discuss laws intended to protect our elder citizens from abuse, neglect, and exploitation by family members, caregivers, and others. These laws provide protection through the Court, including Orders of Protection and criminal prosecution. Each county in Illinois has a designated agency to investigate reports of abuse, neglect, and/or exploitation of persons age 60 or older. These agencies also assist persons in obtaining needed services.

The Elder Abuse and Neglect Act

The Purpose of the Act

This statute assures that local agencies will be funded by the Illinois Department on Aging in order to offer help to persons age 60 and older who may be abused, neglected, or exploited by family, household members, or caregivers. Any person who suspects the abuse, neglect, or financial exploitation of such a person may report this suspicion to the designated local agency.

Any person making a report under the belief that it is in the senior’s best interests is immune from any criminal or civil liability, or professional disciplinary action on account of making the report. The identity of a person making a report cannot be disclosed by the agency or by the Department on Aging to anyone else unless it is with that person’s consent or by court order.

Certain kinds of persons are required by law to make reports if they suspect abuse of a senior and have reason to believe that the senior is unable to seek assistance for himself or herself. They are called mandated reporters.

Examples: Social workers, policemen, teachers, and doctors are mandated reporters.

Note: The law exempts attorneys, legal service providers and bankers from mandatory reporting.

The Procedure When An Agency Receives A Report of Abuse

The agency must make a face-to-face contact with the senior once a case of abuse or neglect is reported. This visit shall be to the senior’s residence and may include interviews with others who have knowledge of the senior’s circumstances. No one has the right to interfere with the meeting between the senior and the protective services caseworker.

If there is reason to believe abuse has occurred, the agency must develop a service care plan to meet the senior’s needs and discuss the plan with the senior. The agency can provide only those services to which the senior consents. The caseworker designs the services so the senior can continue to function as independently as possible.

If a senior lacks the capacity to consent to necessary services, including an assessment, the Department on Aging or the local agency can seek the appointment of a guardian for the purpose of consenting to such services. If an emergency exists, the Department or agency can request an order from the court authorizing an assessment and the provision of necessary services.

Access to records or reports of elder abuse are confidential and cannot be disclosed except as strictly limited by the Act.

To make a complaint or to find out which program serves your community, contact your Area Agency on Aging or call the state-wide Senior HelpLine at 800-252-8966 (toll free) or to 800-279-0400 on evenings, weekends and holidays.

Self Neglect

Public Act 094-1064 amends the Elder Abuse and Neglect Act. Section (i-5) defines "Self-Neglect" as a condition that is the result of an eligible adult's inability due to physical or mental impairments, or both, or a diminished capacity to perform essential self care tasks that substantially threaten his or her own health, including the following: providing essential food, clothing, shelter and health care; and obtaining goods and services necessary to maintain physical health, mental health, emotional well-being and general safety.

In a self-neglect situation, there is no perpetrator. If there is a concern that self-neglect is occurring, one should contact their local Elder Abuse agency.

The Illinois Domestic Violence Act

The Illinois Domestic Violence Act provides protection from abuse by a family member or other members of his or her household. This law is intended to protect the victim and not punish the abuser. However, once abuse is proven, the law provides wide discretion for judges to impose different remedies as part of an Order of Protection to stop the abuse. The Act protects elder adults with disabilities from neglect and financial exploitation as well as from abuse.

A senior, on his or her own behalf, or another person on the senior’s behalf, can apply for an Order of Protection.

"Abuse" is defined as, but not limited to:

  • sexual abuse;
  • assault;
  • physical force;
  • emotional abuse;
  • confinement or restraint;
  • threats of physical force;
  • reckless conduct which creates an immediate risk of physical harm;
  • deprivation of basic needs such as medicine or food, or exposing a person to risk of harm;
  • financial exploitation;
  • harassment; and
  • subjecting a person who is dependent on others to witness or participate in any physical force or confinement of another person.

What Is An Order of Protection?

An Order of Protection (OP) is a court order that is designed to help protect victims from abuse by family or household members. An OP is a legal document that a judge signs which orders the abuser to stop the abusive behavior.

In addition, a court can award physical care and possession of minor children, award temporary legal custody of children, determine visitation, order the abuser to pay temporary support to the victim and/or children, and prohibit the abuser from removing the child from the state or concealing the child within the state.

In an OP, the judge can order the abuser to do one or more of the following, among other remedies:

  • stop the abuse, neglect or exploitation;
  • leave the home of the senior and not return, or not return under the influence of drugs or alcohol;
  • stay away from the senior;
  • return property and money, or refrain from taking, transferring or destroying property;
  • enter mandatory counseling;
  • pay the victim for losses suffered as a direct result of the abuse (medical and dental expenses, repair/replace damaged property, attorney’s fees, court costs, etc.);
  • reimburse a domestic violence program providing temporary shelter to a senior.

You can get a temporary Emergency Order of Protection without giving any notice to the abuser that you are going to court to get such an order. This may prevent the abuser from hurting the senior, destroying his/her property, or taking all of the senior’s assets before there is a chance to have a full court hearing. Orders of Protection involve no court costs. To get an Order of Protection for yourself or someone you know, call your local legal services office or the State’s Attorney’s office.

If the abuser continues to abuse in violation of an Order of Protection, the abuser may face criminal charges.

Criminal Laws

Criminal Neglect of an Elderly Person

A caregiver of an elderly person commits the offense of "criminal neglect of an elderly person" when he or she knowingly:

  • performs an act which causes the senior's life to be endangered, health to be injured, or cause deterioration of their physical or mental condition;
  • fails to perform acts which the caregiver knows or should know are necessary to maintain the life or health of the senior; or
  • abandons the senior.

The term "caregiver" means a person other than a doctor who has the duty to provide for the health and personal care of the senior at his or her place of residence. It can include a spouse or other family member or employee.

This offense is a Class 3 felony. The maximum punishment is imprisonment for a term of not less than two years and not more than five years.

Criminal Financial Exploitation of an Elderly Person

This offense is committed when a person who stands in a position of trust and confidence to an elderly person takes their property by means of deception or intimidation.

The term "person who stands in a position of trust and confidence" means:

  • a parent, spouse, child or other related person;
  • a person who co-owns property with the senior;
  • a person who has a legal or fiduciary relationship with the senior, such as guardians or power of attorney agents.

This offense is a felony. The greater the value of the property, the greater the possible punishment. In addition to the criminal penalty, the senior can sue any person who has been charged with this crime and fails or refuses to return the victim’s property within 60 days following a written demand. In this case, the person is liable to the senior for 3 times the value of the property taken, plus court costs and attorney’s fees.

Other Criminal Laws

There are various other criminal statutes designed to deter and punish abusers for crimes such as assault and battery, and others. You should direct complaints regarding criminal activity against seniors to the State’s Attorney’s office.

Where To Get Help

If you are 60 or older and you are being neglected, abused, or taken advantage of, or if you suspect that someone who is 60 or older is in that situation, you may call the Elder Abuse Hotline at 800-252-8966 (toll free).

To obtain an Order of Protection, contact the local domestic violence program for assistance. Other resources include police departments, State’s Attorney’s offices, social service agencies, and legal services offices.

Where To Go For More Information

Statutes

  • The Elder Abuse and Neglect Act can be found at 320 ILCS 20
  • The Illinois Domestic Violence Act can be found at 750 ILCS 60
  • The Criminal Neglect of an Elderly Person statute can be found at 720 ILCS 5/12-21
  • The Criminal Financial Exploitation of an Elderly Person statute can be found at 720 ILCS 5/16-1.3
  • Criminal laws related to domestic violence are found at 720 ILCS 5/12-3.2, 3.3, 4, 6.3, 7.3, 7.4 and 30

Agencies and Organizations

The Illinois Coalition Against Domestic Violence

The Illinois Department on Aging       

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