Elder abuse is a deeply troubling issue all over the world, and it is often hidden in plain sight. Colbert Law Firm is here because we know how tough things get for older adults and the people who care about them when it happens. Whether you're concerned about a loved one’s care in a nursing home or suspect financial exploitation, our elder law attorneys can guide you through your legal options with experience, compassion, and a comprehensive understanding of local laws.
What is Elder Law and Elder Abuse?
Elder abuse refers to any intentional act or failure to act that causes or creates a risk of harm to an older adult. In Maryland and the District of Columbia, elder abuse is recognized as a serious legal issue, and both jurisdictions have enacted laws aimed at protecting vulnerable seniors. In Maryland, elder abuse is addressed under Adult Protective Services (APS) laws and the Maryland Criminal Code. The law protects individuals 65 and older or those with disabilities. With its own APS and Office on Aging, the District of Columbia also offers legal protections under the D.C. Code § 7–1901 to § 7–1915 and targets both physical and financial abuse. Whether it’s a family member, caretaker, or institution responsible, elder abuse is always a crime. In both jurisdictions, offenders can face both civil and criminal penalties.
Different Types of Elder Abuse
Elder abuse can take many forms and it sometimes occurs simultaneously:
1. Physical Abuse
This includes hitting, shoving, restraining, or otherwise causing physical harm. In Maryland and D.C., even the use of unnecessary physical restraints in nursing homes is classified as abuse.
2. Emotional or Psychological Abuse
Verbal threats, intimidation, humiliation, and isolation all fall into this category. D.C. law includes “willful infliction of mental anguish” under emotional abuse, and Maryland recognizes the emotional toll of coercion and degradation.
3. Financial Exploitation
One of the most common forms, financial abuse includes theft, scams, misuse of funds, coercion into changing wills or deeds, or unauthorized use of a person’s assets. Maryland’s Financial Exploitation Law (§ 8-801 of the Criminal Law Article) and D.C.’s Financial Exploitation of Vulnerable Adults Act both provide specific remedies and criminal penalties for offenders.
4. Neglect
This occurs when a caregiver fails to meet an elder’s basic needs, whether it’s food, shelter, hygiene, or medical care. Maryland law requires mandatory reporting of neglect in long-term care settings, while D.C. law includes neglect as a form of cruelty under its criminal statutes.
5. Sexual Abuse
Any non-consensual sexual contact with an elder, especially those who are incapacitated or cognitively impaired is a criminal offense in both states.
6. Self-Neglect
Though not caused by another party, self-neglect – when a senior is unable or unwilling to care for themselves – can warrant legal intervention. APS in both Maryland and D.C. are authorized to investigate and intervene.
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Elder Abuse Signs
Elder abuse is usually difficult to detect, especially when victims are isolated or suffer from cognitive impairments such as dementia. You have to watch for these red flags:
- Unexplained bruises, burns, or injuries
- Sudden weight loss or malnutrition
- Poor hygiene, soiled clothing or bedding
- Changes in behavior e.g. fearfulness, anxiety, or depression
- Unpaid bills, sudden withdrawals, or missing assets
- Isolation from friends and family
- Sudden changes to wills, powers of attorney, or property deeds
In D.C. and Maryland, if you suspect elder abuse, you’re encouraged to report it to Adult Protective Services; while an experienced attorney can help ensure timely and effective intervention.
When Should I Hire an Elder Law Attorney?
You should consider hiring an elder law lawyer if:
- You suspect abuse in a nursing home or assisted living facility
- Elder financial abuse attorneys have found evidence of financial exploitation
- You need help reporting suspected abuse to authorities
- A loved one is being pressured to change their will or power of attorney
- You want to pursue damages or criminal charges against an abuser
- You’re seeking to establish guardianship or conservatorship
- You need help navigating APS investigations or long-term care disputes
