Elder abuse is a growing problem in Pennsylvania. Since 2016, there's been a 32% increase in the number of reports of elder abuse—and a 38% increase in the number of reports that were substantiated or proven. Abuse of older adults can come in many forms: caregiver neglect, financial exploitation, and even physical or sexual abuse. As awareness of this issue grows and more reports are being made, however, more caregivers are finding themselves accused of abusing older adults.
Caregivers can be family members who assist an older adult at home or licensed healthcare professionals who care for seniors living in a residential community. In either situation, caregivers are under increasing scrutiny to ensure they treat older adults properly. It's possible that reports can be made without having all the facts out of concern for a senior's safety and wellbeing.
If you're a caregiver who's been accused of physically or sexually abusing an older adult, know that the potential penalties for this crime could be severe if you're convicted. If you're a licensed nurse or other healthcare provider, you could end up losing your license. At the LLF Law Firm, our Criminal Defense Team assists individuals throughout Pennsylvania who've been accused of elder abuse. We can provide a strong defense and stand by your side throughout the entire criminal justice process. Call us today at 888-535-3686 or send us your information via our confidential contact form.
What Is Elder Abuse in Pennsylvania?
In Pennsylvania, it's a crime to abuse or neglect any adult that is “care-dependent.” The law doesn't specify an age group for victims. Generally, however, senior citizens make up the largest group of people in the state who require care, which is why it's often referred to as “elder abuse.” The law protects adults of all ages, though, who have physical or mental disabilities and rely on others for help with their daily needs.
Elder abuse can include a wide range of actions, such as:
- Physical harm or injury
- Sexual abuse, harassment, or assault
- Physically or chemically restraining without a medical reason to do so
- Isolating or hindering movement without a valid medical reason
- Neglect
- Using trickery or threats to cause the victim to comply with unreasonable or inappropriate requests
- Intimidation (psychological abuse)
- Financial abuse
The law also requires employees, administrators, healthcare professionals, etc., who know or reasonably suspect elder abuse to report it. It's also a crime to fail to report.
We often think of neglect or exploitation when we think of elder abuse. However, it can involve physical or sexual violence as well. Domestic or intimate partner violence happens in older adults. When a care-dependent senior shows signs of abuse, the caregivers are usually the first to blame. Caregivers usually have close relationships with the seniors they care for, especially if they're a family member. Even if they aren't the ones responsible for the abuse, they can still get blamed for not noticing the signs and failing to report it to law enforcement.
Elder Abuse and Licensed Healthcare Providers
Elder abuse can be committed by family members providing care or by licensed healthcare professionals such as registered nurses, nurse practitioners, physicians, psychiatrists, and anyone else responsible for taking care of an older adult as part of their job.
When a family member is accused of elder abuse, it falls into the realm of domestic violence. In Pennsylvania, domestic violence occurs between family members, people sharing a household or current/former intimate partners. If you have no personal or familial relationship with the alleged victim, you probably don't have to worry about a domestic violence charge.
However, you will have to worry about elder abuse criminal charges, as well as sanctions imposed on your professional license. Just an accusation of physically or sexually abusing a patient in your care is enough to start an investigation. Your license may be immediately put on a temporary suspension and eventually could be suspended long-term or even fully revoked. LLF Law Firm also provides skilled professional license defense to help you defend your license so that you don't jeopardize your career or risk losing all you've worked for.
Elder Abuse and Protection from Abuse (PFA) Orders
If you have a qualifying “domestic” relationship with the alleged victim, you may also be facing a Protection from Abuse (PFA) order. You must one of the following:
- Current or former spouse
- Current or former dating or intimate partner
- Sibling, parent, or child
- Family member by blood or marriage
- Domestic partner (for same-sex couples)
- The co-parent of a child together
If the report of elder abuse concerns physical or sexual violence, the person who reported it may encourage the victim to seek a PFA as well. A PFA is a legal protection order that prevents you (the accused) from coming into contact with the alleged victim. PFAs are temporary at first, and there's usually a hearing held within several days to determine if the PFA should be dropped or made permanent.
You can learn more about how PFAs work in Pennsylvania by checking our Protection from Abuse FAQs page.
What Happens When You're Accused of Assaulting an Older Adult?
Once a report comes in of potential elder abuse, law enforcement may take the following actions:
- If your local agency on aging believes the alleged victim is in imminent danger, it might issue an emergency order to remove the victim from your care or from your facility. The court can require care to be provided for the victim for up to 72 hours.
- You may be arrested and officially charged with crimes of elder abuse, typically at your workplace, if you're a licensed professional providing care. They can, however, also come to your home to arrest you.
- If the report states that the alleged abuse occurred at your place of work, state law requires your employer to suspend your employment until the case is resolved. They also have the option of terminating your employment immediately. If you get convicted of elder abuse, you won't be able to work as a caregiver in Pennsylvania, even after serving your sentence.
Once a report of elder abuse comes in, things move pretty quickly. You could be arrested and arraigned before you realize what's happening. It's crucial to remain calm throughout these first steps, especially when dealing with law enforcement. Also, don't try to fight your employer concerning the suspension of your employment; now's not the time to make your case. You'll have a chance to defend yourself later on, and the LLF Law Firm Criminal Defense Team can help.
Penalties for Elder Abuse in Pennsylvania
The criminal penalties for elder abuse can be severe in Pennsylvania. It depends on how serious the charges against you are. For a misdemeanor, you can face up to five years in jail and fines of up to $10,000. For a felony, you can face 20 years in prison and fines of up to $25,000.
Generally, elder abuse is a felony if the victim sustains “serious bodily injury.” Any bodily injury that creates a substantial risk of death or leaves permanent damage is considered “serious.”
In addition to criminal penalties for an elder abuse conviction, you may also face disciplinary action concerning your professional healthcare license if you have one.
What Happens to Your Professional License After an Elder Abuse Accusation?
If you're a licensed healthcare provider who's employed taking care of older adults or running a residential facility for older adults, you could lose your license over an elder abuse charge. Even if you aren't convicted in the criminal justice system, a charge of wrongdoing is enough to launch an investigation by your licensing board. The disciplinary procedure for your licensing board is completely separate from the criminal justice process.
Licensing Board Investigation
Once you've been charged with elder abuse, you can self-report to the medical board or nursing board in your state to let them know about the criminal charges. If you don't self-report, the board may find out anyway, as your employer will likely report it. When the board receives this information, it will start an investigation. It may ask you to provide a statement and interview anyone potentially involved in the alleged incident.
Licensing Board Hearing
If the investigation indicates wrongdoing on your part—regardless of whether you've been convicted in the criminal justice system—the board will hold a hearing. At this hearing, you'll have a chance to defend yourself and present evidence in your favor. The board will then decide if you're responsible for violating its policies and which sanctions to impose, if any. Your state may have an administrative appeal process that allows you to ask for a review of the board's decision if you disagree with it.
Let the LLF Law Firm's Criminal Defense Team Assist You
If you get accused of elder abuse in Pennsylvania, you should take the charges very seriously. Our Criminal Defense Team at the LLF Law Firm can build a strong defense for you and ensure your rights are protected during the criminal process. Call 888-535-3686 or fill out our contact form with your case information to see how we can help you.
