What Types of Elder Abuse Does APS Investigate in Indiana?

When we think of abuse, we often imagine domestic violence between romantic partners. Even worse, we might think of abuse against children. Unfortunately, anyone might be the victim of abuse, including older people. If you suspect that an older friend, relative, or neighbor is being abused, you can report it to Adult Protective Services (APS) in Indiana.

APS may open an investigation into various forms of abuse. According to the APS website, the organization may investigate reports of abuse, neglect, and exploitation. While these might all sound somewhat similar, they are distinct forms of abuse that many older people fall victim to. Not only might an older person be the victim of abuse, but other vulnerable adults with mental or physical incapacities or limitations are often victims of abuse and exploitation. If you believe someone is being abused and you choose not to report it to the authorities, you might face criminal charges. If you are unsure what to do, contact our legal team for help.

If you believe a vulnerable adult is being abused, contact our Indiana elder abuse lawyers by calling Wruck Paupore at (219) 322-1166 and get a free review of your case to get started.

Elder Abuse Investigated by Adult Protective Services in Indiana

People often assume that elder abuse is something that only happens in bad nursing homes. Unfortunately, elder abuse is more common than many people realize and occurs in all sorts of places. While some are abused in nursing homes, others are abused in their own homes. According to APS in Indiana, the organization may investigate reports of abuse, neglect, and exploitation. If you or a loved one was the victim of elder abuse, call out Indiana elder abuse lawyers for help taking legal action and getting compensation.

Abuse

APS defines abuse as intentional, physical harm. It might involve someone knowingly and intentionally touching an older person in a rude, offensive, or violent manner. For example, hitting, punching, kicking, and even grabbing may be considered acts of abuse. On top of that, abuse may consist of trying to upset the other person by upsetting or offensive acts. Placing bodily fluids on another person might be considered abusive. Making it purposefully difficult for an older person with mobility issues to reach their walker or cane might also be considered abusive. Abuse may involve a broad spectrum of acts, often involving physical harm.

Neglect

Neglect is somewhat different from abuse as it does not always involve intentional or knowing actions. Instead, abuse may involve carelessness, negligence, or a lack of care that leads to physical and mental harm to the victim. Many older people need assistance from others to take care of themselves. For example, an older relative might depend on you to cook them food and dispense their medication. If you are negligent and do not do these things, your loved one might go without food and medicine, leading to a decline in their health. If you suspect something like this is happening to an older person you know, you can and should report it immediately.

Exploitation

One of the lesser-known forms of abuse that APS in Indiana may investigate is exploitation. Abuse does not always look like physical harm or neglect. Sometimes, it involves a trusted friend, family member, or caregiver using the victim for some gain while the victim suffers. In elder abuse cases, this often involves money. Predatory caregivers or greedy family members often use the victim’s age and health problems to gain control over their finances. In some cases, victims have been drained of their savings and left with nothing. If you have an older person in your life and notice changes in their finances, contact APS immediately.

Who Might Fall Victim to Elder Abuse in Indiana?

While elder abuse tends to involve older individuals in poor health, other people might also fall under the protection of APS in Indiana. The organization may also open an investigation into abuse, neglect, and exploitation of “endangered adults.” An endangered adult does not necessarily have to be older, but they must be at least 18 years old. They must also have a physical or mental condition that makes it difficult for them to direct their own care and affairs. For example, an adult with an intellectual disability may be considered an endangered adult even if they are still pretty young.

Reporting Elder Abuse to APS in Indiana

The good thing about APS is that you may submit a report about suspected abuse, neglect, or exploitation in various ways. Reports can be made online, over the phone by calling the state hotline, or in person at the nearest APS office. The problem is that many people are afraid of reporting because they think they might face legal trouble of their own. What happens if they knew about the abuse for a while before deciding to report it? Can they be held responsible if the victims suffered further harm during that time?

According to I.C. § 35-46-1-13(a), a person who has reason to believe that an endangered adult with a mental or physical disability is being abused, neglected, or exploited and they fail to report the situation to the authorities may be charged with a Class B misdemeanor. In short, if you truly believe that elder abuse is happening, you should report it immediately.

According to § 35-46-1-14, if someone reports elder abuse, abuse of an endangered adult, or abuse of a person of any age to the authorities, they may be immune from criminal and civil liability. However, this immunity does not apply to those accused of actually perpetrating the abuse, neglect, or exploitation. This means even if you waited to report because you were unsure, you should not face criminal or civil repercussions as long as you are not directly responsible for the abuse.

Reach Out to Our Indiana Elder Abuse Attorneys for Legal Assistance

If you believe a vulnerable adult is being abused, contact our Indianapolis elder abuse lawyers by calling Wruck Paupore at (219) 322-1166 and get a free review of your case to get started.