Last updated: July 2010

(Chapter 3 from the Elder Law Resource Guide)

This chapter provides information and resources on abuse and exploitation of persons over age sixty (“eligible adults”) who live in a “domestic living situation.” A domestic living situation is defined as a residence where the eligible adult lives alone or with his or her family or a caregiver or others, or a board and care home or other community-based unlicensed facility. For information on abuse that occurs in a nursing home or other licensed facility, see Chapter 6 on Long Term Care. For information on financial exploitation that occurs as part of a commercial transaction (e.g., insurance fraud, sweepstakes scams and home mortgage fraud) see Chapter 4 on Consumer Fraud.

It is estimated that 4-5% of persons 60 and over are subject to some form of abuse, neglect, or financial exploitation but that only 1 in 13 of these cases is ever reported. In most cases, more than one type of abuse takes place. In Illinois, over 50% of elder abuse reports allege financial exploitation, 25% allege physical abuse, 45% allege active or passive neglect, and 45% allege emotional abuse. The abuser is most often a family member who lives with the victim.

Definitions of Neglect, Abuse and Financial Exploitation

Abuse means causing physical, mental, or sexual injury to an eligible adult, including exploitation of such adult’s financial resources.

Neglect means another individual’s failure to provide an eligible adult with or willful withholding from an eligible adult the necessities of life including, but not limited to, food, clothing, shelter or medical care. This law does not create any new or affirmative duty to provide support to eligible adults. However, a “caregiver” can commit neglect. Under the Elder Abuse and Neglect Act a caregiver is defined as a person who either as a result of a family relationship, voluntarily, or in exchange for compensation has assumed responsibility for all or a portion of the care of an eligible adult who needs assistance with activities of daily living.

The Illinois Elder Abuse and Neglect Program further defines abuse and neglect as follows:

• Physical abuse means inflicting physical pain or injury upon an
  older adult.
• Sexual abuse means touching, fondling, intercourse, or any other sexual activity with an older adult, when the older person is unable to understand, unwilling to consent, threatened or physically forced.
• Emotional abuse means verbal assaults, threats of abuse, harassment or intimidation.
• Confinement means restraining or isolating an older person, other than for medical reasons.
• Passive neglect means the caregiver’s failure to provide an older person with life’s necessities, including, but not limited to, food, clothing, shelter or medical care.

Willful deprivation means willfully denying an older person medication, medical care, shelter, food, a therapeutic device or other physical assistance, and thereby exposing that person to the risk of physical, mental or emotional harm—except when the older person has expressed an intent to forego such care.

Financial exploitation means the misuse or withholding of an older person’s resources by another to the disadvantage of the elderly person and/or the profit or advantage of someone else.

For more information:

You can obtain the publication Elder Abuse and Neglect Act and Related Laws from the Illinois Department on Aging by calling 1-800-252-8966 or click here to visit their web site.

The Illinois Department on Aging offers other free publications:

• Reporting Elder Abuse: What Professionals Need to Know
• Older People Deserve Honor and Respect...Not Abuse
• Elder Abuse and Neglect...How You Can Help

What To Do if You or Someone You Know is Being Abused, Neglected or Financially Exploited

Call the Senior HelpLine at 1-800-252-8966, Monday through Friday, 8:30 a.m. to 5:00 p.m. After hours or on weekends, call the Elder Abuse After-Hours Hotline at 1-800-279-0400.

Under the Illinois Elder Abuse and Neglect Act, people who report suspected abuse in good faith are immune from criminal or civil liability or professional disciplinary action. In fact, many professionals are mandated reporters of elder abuse in Illinois. The name of the person reporting shall not be disclosed except with the permission of the report or by order of a court. Anonymous reports are accepted.

Once the Elder Abuse and Neglect Program receives a report, a provider agency (there are 45 statewide) is required to conduct an in-person assessment of the allegation. The provider agency is also required to notify the appropriate law enforcement agency. It is important to note, however, that the agency will only provide services to an adult who has decisional capacity with his/her consent. If the adult appears to lack the capacity to consent to necessary services, the agency may seek an adjudication of incompetency and appointment of a guardian (see Chapter 2 for information on guardianship). In emergency situations where the agency believes the adult lacks the capacity to consent, the agency may request an ex parte order under the Illinois Domestic Violence Act as defined below.

Depending on how serious the allegations are, one of the provider agencies will visit the elder that is reporting abuse within the following times:

• 24 hours if situation is threatening the elder's life,
• 72 hours for most allegations of non life-threatening physical abuse, and
• 7 days for most allegations of financial exploitation and emotional abuse.

Elder abuse provider agencies recognize that unfortunately, the eligible adult may not be able to remain in his/her home without the assistance of the alleged abuser. Moreover, in many cases, the eligible adult may not want the alleged abuser removed from the home and/or criminally charged with abuse. For these reasons, the elder abuse provider agencies will work with the eligible adult and the family to reduce stress and end the abuse in ways that are acceptable to the eligible adult and cause the least disruption. Some of the services available include adult day care, meals on wheels, counseling, home health care, and respite care for the caregiver.

The following sections describe more direct responses to elder abuse:

The Order of Protection

Under the Illinois Domestic Violence Act, an elder adult may file for an order of protection in emergency situations. The Act also permits the elder abuse provider agency or any interested adult to petition for an order of protection on behalf of an elderly person. Obtaining an order of protection is a two-step process. The first step involves going into court to obtain an emergency ex parte order. This order only lasts for three weeks at which time there is a second hearing for an order that can last up to two years. The alleged abuser is personally served with notice of this second hearing and has a right to be present and provide a defense.

The order of protection is a very powerful legal tool that can provide immediate relief in cases of elder abuse. In one day, an eligible adult (or someone on his/her behalf) can file paperwork to get an order of protection.  Then the adult can see a judge, and obtain an order requiring an alleged abuser to stay away and even move out of his/her home until the second hearing three weeks later. The police assist with removal of the alleged abuser from the home. Violation of an order of protection is a crime.

For more information:

You can obtain the publication of the Illinois Domestic Violence Act and Other Laws from the Illinois Coalition Against Domestic Violence by calling (217) 789-2830 or click here to visit their website.

Legal Representation and Assistance

Orders of protection can be obtained pro se (meaning without a lawyer). However, there are free lawyers available to assist with these kinds of cases. Go to Illinois Legal Aid Helpful Organizations to find a lawyer who can help you. Additionally, in Cook County, there are advocates available in the courthouse to help you fill out the necessary paperwork.

Criminal Charges

Abuse, neglect, and financial exploitation of an elderly person is a crime. The elderly person or anyone on his/her behalf can report this crime regardless of whether the elder abuse agency is investigating or a protective order has been obtained.

Filing Criminal Charges

As with all crimes, call 911 in the event of an emergency or if an act of abuse, neglect, or exploitation is currently taking place. To report events that took place in the past in cases where there is no current emergency, call the local precinct.  In Chicago, each precinct has at least one “senior officer” who has received specialized training in how to handle elder abuse. If possible, try to report the incident directly to the senior officer.

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