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Learn more about being a victim of elder abuse from this timeline.
Adult Protective Services Act
The Adult Protective Services Act assures local agencies funded by the Illinois Department on Aging offer help to persons age 60 and older, and adults aged 18-59 with disabilities, who may be abused, neglected, abandoned, or exploited by family, household members, or caregivers. Any person who suspects the abuse of a senior may report this to the local agency.
Under the law, abuse includes:
- Causing physical, mental, or sexual harm to the person;
- Exploiting the person financially;
- Abandonment; and
- Putting the person in an environment that might harm their health, physical and emotional well-being, or welfare.
For more detailed definitions, see the original text of 320 ILCS 20/2 (a-1).
Someone who makes a report, thinking it is in the senior’s best interest, is immune from legal liability. They are also immune to professional disciplinary action. Their identity cannot be disclosed unless the person consents or if a court order demands it. You can make a report anonymously.
Some people must report abuse of a senior if they think that the senior is not able to seek help. These people are called mandated reporters. Social workers, policemen, teachers, and doctors are all mandated reporters. Mandatory reporting does not apply to lawyers, legal service providers, or bankers.
More information about elder abuse and neglect, including warning signs, can be found on the Illinois Department on Aging website.
Procedure when an agency receives a report of abuse
The agency must make face-to-face contact with the senior once a case of abuse or neglect is reported. This visit will be to the senior’s place of living. It may include interviews with others who know about the abuse. No one can interfere with the meeting between the senior and the protective services caseworker. See a list of agencies throughout the state of Illinois here.
If there is reason to think abuse has happened, the agency must make a service care plan to meet the senior’s needs. Then they must discuss the plan with the senior. The agency can provide only those services to which the senior consents. If the senior is competent to make their own decisions, they can choose to reject services. If the senior has dementia or another cognitive impairment and needs another decision maker, protective services may seek a guardianship. If an emergency exists, the Department or agency can request an order from the court allowing an assessment and the provision of needed services.
The caseworker sets up the services so the senior can be as independent as possible. If the abuser works for a facility where the senior lives, they must have no contact with the senior. Contact may resume after the investigation.
Access to records or reports of elder abuse is confidential. They cannot be shared except as strictly limited by the Act.
To make a general complaint, call the statewide Senior HelpLine at (800) 252-8966 (toll-free). To report suspected abuse, call (866) 800-1409. For deaf and speech-impaired communications by phone, dial Illinois Relay at 711.
For residents who live in nursing facilities, call the Department of Public Health's Nursing Home Complaint Hotline at (800) 252-4343.
For residents who live in Supportive Living Facilities (SLFs), call the Illinois Department of Healthcare and Family Services' SLF Complaint Hotline at (844) 528-8444.
Self-Neglect
Self-neglect happens when a senior is unable to take care of their health and day-to-day care. Self-neglect is when an adult cannot perform essential self-care tasks. This must be due to physical or mental problems. These tasks include: providing food, clothing, shelter, and healthcare. It also includes getting needed goods and services to be happy, healthy, and safe. Read more about self-neglect here.
In the case of self-neglect, there is no criminal or offender. Anyone worried about a senior and self-neglect should talk to their local area agency on aging. Learn more about Cook County senior services.
Illinois Domestic Violence Act
The Illinois Domestic Violence Act protects from abuse by a family or household member. This law is intended to protect the survivor but does not punish the abuser. Once abuse is proven, the law lets judges order actions as part of an Order of Protection to stop the abuse. The Act protects elders with disabilities from neglect and abuse.
A senior can ask the court for an Order of Protection, or you can ask for one on their behalf.
The definition of "abuse" includes:
- Physical abuse, including sexual abuse; use of physical force, confinement, or restraint; repeated and unnecessary sleep deprivation; reckless behavior creating a risk of physical harm;
- Harassment, meaning unnecessary conduct causing emotional distress. This includes conduct like creating a disturbance at someone’s work or school, following someone in public places, or threatening physical force or confinement;
- Intimidation;
- Interfering with personal liberty; and
- Deprivation of basic needs, such as medicine or food, or exposing a person to a risk of harm
What is an Order of Protection?
An Order of Protection is a court order that helps protect survivors from abuse. The protection would be from family or household members. An Order of Protection is a legal document that a judge signs, which makes the abuser stop the abuse.
In an Order of Protection, the judge can order an abuser to do one or more of the following:
- Stop the abuse, neglect or exploitation;
- Leave the home of the senior and not return, or not return under the influence;
- Stay away from the senior;
- Return property and money, or refrain from taking or destroying property;
- Return possession of a pet, and stay away from the pet;
- Require going to counseling;
- Pay the victim for losses suffered as a result of the abuse. This includes medical and dental expenses, repair/replace damaged property, attorney’s fees, court costs, etc.;
- Pay back a domestic violence program providing temporary shelter to a senior; and
- Address the care of minor children.
A person being abused can get an Emergency Order of Protection without telling the abuser. An Emergency Order of Protection takes effect after appearing before the judge, and the judge signs the Order.
Orders of Protection involve no court costs. To get an Order of Protection for someone you know, call your legal services office or the State’s Attorney’s office.
An abuser may face criminal charges if they continue to act in violation of an Order of Protection.
Learn more about domestic violence and getting an Order of Protection.
Criminal neglect of a senior
A caregiver of an elderly person commits the offense of "criminal neglect of an elderly person" when they knowingly:
- Perform an act which causes the senior's life to be endangered, health injured, or causes deterioration of their physical or mental condition;
- Fail to perform acts which the caregiver knows or should know are needed to keep the life or health of the senior;
- Abandon the senior; or
- Physically abuse, harass, intimidate, or interfere with the senior’s freedom or expose the senior to willful deprivation.
The term "caregiver" means a person other than a doctor who must care for the senior at their place of residence. It can include a spouse, other family member, or someone employed by the elderly person.
This crime is a Class 3 felony,
unless it results in a person’s death, and is then a Class 2 felony. Committing this crime can result in imprisonment.
Criminal financial exploitation of an elderly person
This offense is committed when a person stands in a position of trust with an older person. They use this trust to take their property dishonestly or illegally use their assets or resources.
A "person who stands in a position of trust and confidence" is:
- A parent, spouse, child or another related person;
- A person who co-owns the property with the senior;
- A person who has a legal or fiduciary relationship with the senior. This includes guardians or power of attorney agents.
- A paid or unpaid caregiver;
- A friend or acquaintance in a position of trust;
- A financial planning or investment professional.
This crime is a felony. Punishment depends on how much is taken. The greater the value of the property, the greater the punishment. Punishment also depends on the age of the victim. Charges can be brought against a person within seven years from the last act committed in furtherance of the crime. This means that the seven-year time limit runs from the last action the person took to exploit the elderly victim.
In addition to the criminal penalty, there can be a civil action for damages, for three times the value of the property plus reasonable attorney fees and court costs.
Where to get help for seniors who are being neglected
There is help available for seniors being abused or neglected. You can call the Elder Abuse Hotline at (866) 800-1409 (24-hour hotline).
To get help with domestic violence, contact the Illinois Domestic Violence Hotline at (877) 863-6338.
Fraud and scam concerns against seniors can be reported to the State’s Attorney’s Senior Citizens Consumer Fraud Hotline. You can call (800) 243-5377or (800) 964-3013 (TTY). You can also email [email protected].
