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DEFINITIONS OF ELDER ABUSE

(Definitions of abuse on this page are adapted from the Wisconsin Department of Health & Family Services Elder Abuse information site at http://www.dhfs.state.wi.us/aging/elderabuse/index.htm)

Four categories of elder abuse are defined in Wisconsin law, Chapter 46.90. When a person age 60 or older is subjected to any of these types of abuse or neglect, it is elder abuse.

1. Physical abuse is the willful infliction of physical pain, injury or unreasonable confinement. It includes, but is not limited to, beating, choking or burning, inappropriate medication or tying or locking a person up. It also includes sexual abuse, which occurs when a person has been forced, tricked, threatened or otherwise coerced into sexual contact against one's will.

Special Considerations on Physical Abuse

Physical abuse may take the form of partner abuse but may also be perpetrated by friends, caregivers and other family members. Often emotional and/or financial dependence plays a role in this cycle of violence. If you witness any form of violence, an emergency call to the police should occur immediately. The police may notify the Elder Abuse Unit when there have been reports of physical abuse towards elders. Any witness or concerned individual should contact the Elder Abuse Unit because the victim commonly requires support as they may be stuck in a situation where they do not have knowledge of the resources nor the power to end the violence.

2. Material abuse, sometimes called financial abuse or exploitation, is the misuse of an elder's money or property. It includes deception, diverting income, mismanagement of funds and taking money or possessions against a person's will, knowledge, consent or understanding.

Special Considerations on Material Abuse

Material abuse is a serious and delicate issue. Usually this crime is perpetrated by a family member or trusted friend. Quite often the victim would like compensation for the crime but due to loyalty they do not want to see the perpetrator charged in a court of law. Additionally, the victim may not wish to lose their relationship with the perpetrator because that person may fulfill other important roles in the older adult's life (i.e. caregiver, social support, only family member, etc.). An Elder Abuse investigator will work with the victim to help them understand the dynamics of the situation. The goal is to empower the victim to protect assets while reducing the risk for future abuse.

3. Neglect occurs when a caregiver's failure to provide adequate food, shelter, clothing, medical or dental care results in significant danger to the physical or mental health of an older person in his/her care.

Special Considerations on Neglect

Neglect cases are often complex and are not likely to be resolved without professional intervention. Some neglect cases involve caregivers that are trying to meet both the needs and preferences of the older adult, however, these needs and preferences are conflicting and/or the resources to meet these demands are not present. Other neglect cases involve caregivers that, for a variety of reasons, cannot or will not provide the level of care necessary for the older adult. The challenge for the potential reporter of these cases is that often the caregiver is a family member or friend and feelings of loyalty or a fear of retaliation interfere with reporting. If neglect is suspected you are encouraged to report the case to the Elder Abuse Unit for investigation. Anyone who reports in good faith can have his or her identity held in confidence.

4. Self-neglect means a significant danger to an elder person's physical or mental health because the elder person is unable or fails to provide adequate food, shelter, clothing, medical or dental care.

Special Considerations on Self-Neglect

Self-neglect cases often arise when an individual's ability to care for themselves in their home environment is compromised by disease, illness or injury. In these cases there is often a conflict between an individual's desire for autonomy versus the need for assistance. This is a challenging situation for individuals, families and friends. When these situations persist it is advisable to seek professional outside assistance. When self-neglect exists or is suspected, an Elder Abuse investigator will assist in seeking a resolution that provides for the older adult's well-being in the least restrictive manner.


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Date Updated: September 26, 2002