Defining Elder Abuse

What is Elder Abuse?

In general, the Social Welfare Act defines both the types of harm and who is considered vulnerable under the law:

Harm:

  • Abuse | Physical, Sexual, Emotional, or Mental
  • Neglect | Either by a trusted caregiver or my themselves
  • Exploitation |Loss of personal dignity by misuse of funds, property, or physical body (such as human trafficking)

Vulnerability:

  • An adult 18 years or older
  • Has mental or physical impairment or advanced age (not defined in the statute)
  • Unable to protect him/her self from abuse, neglect, or exploitation

The Social Welfare Act, MCL 400.11, provides the following definitions:

Abuse

Harm or threatened harm to an adult’s health or welfare caused by another person. Abuse includes, but is not limited to, nonaccidental physical or mental injury, sexual abuse, or maltreatment.

Adult in need of protective services (adult)

A vulnerable adult not less than 18 years of age who is suspected of being or believed to be abused, neglected or exploited.

Exploitation

An action that involves the misuse of an adult’s funds, property, or personal dignity by another person.

Neglect

Harm to an adult’s health or welfare caused by the inability of the adult to respond to a harmful situation or by the conduct of a person who assumes responsibility for a significant aspect of the adult’s health or welfare. Neglect includes the failure to provide adequate food, clothing, shelter, or medical care.

A person shall not be considered to be abused, neglected or in need of emergency or protective services for the sole reason that the person is receiving or relying upon treatment by spiritual means through prayer alone in accordance with the tenets and practices of a recognized church or religious denomination, and this act shall not require any medical care or treatment in contravention of the stated or implied objection of that person.

Protective Services

Includes, but is not limited to, remedial, social, legal, health, mental health, and referral services provided in response to a report of alleged harm or threatened harm because of abuse, neglect or exploitation.

Vulnerable

Includes, but is not limited to, remedial, social, legal, health, mental health, and referral services provided in response to a report of alleged harm or threatened harm because of abuse, neglect or exploitation.