Elder Neglect In Pennsylvania

Elder neglect is a serious issue that can have devastating consequences for both the alleged victim and the accused. The Pennsylvania Department of Aging, in conjunction with local Area Agencies on Aging, is responsible for investigating allegations of elder abuse and neglect. Though these agencies have worked closely with law enforcement and the judicial system for years to protect vulnerable seniors, there has recently been a call for more intervention. Between 2017 and 2022, deaths of older adults after an abuse or neglect complaints were made have increased tenfold, from 120 to 1,389. However, their involvement can sometimes lead to misunderstanding or false accusations, making skilled legal representation crucial for those facing charges.

As criminal defense attorneys, the LLF Law Firm understands the complexities of elder neglect cases and the importance of mounting a robust defense for those facing such charges. Whether you are a healthcare worker, a family caregiver, or someone unjustly accused, understanding your rights and the legal landscape is the first step in mounting an effective defense. Contact the LLF Law Firm today at 888.535.3686 or schedule a consultation online.

What Constitutes Elder Neglect?

Under Pennsylvania law, elder neglect is a severe offense that encompasses a range of actions or inactions that can harm older adults. According to the Older Adults Protective Services Act (OAPSA) and related statutes, elder neglect is defined as follows:

• Failure to provide Essential Care: Neglect occurs when there is a failure to provide for yourself or when a caretaker fails to provide the goods or services that are necessary to ensure that there is no clear and serious threat to the older adult's physical and mental health. This definition applies to both self-neglect and caregiver neglect.
• Intentional or Reckless Behavior: Caregivers are guilty of neglect if they intentionally, knowingly, or recklessly cause bodily harm or serious bodily harm to a care-dependent person. This may occur by failing to provide the treatment, care, goods, or services that are necessary to preserve their health, safety, or welfare. The improper use of physical or chemical restraints or isolation contrary to regulations also falls under this category of neglect if it leads to injury.
• Willful Deprivation: If the caretaker deprives their older adult of the goods or services they need to maintain their physical or mental health, like failing to meet basic needs such as food, water, shelter, personal hygiene, medication, or necessary medical attention, it can be considered neglect.

However, Pennsylvania law also acknowledges that certain environmental factors beyond the control of the older adult or caregiver should not be solely used to determine neglect. These may include inadequate housing, furnishings, income, clothing, or medical care.

More importantly, the state's approach balances protection with respect for autonomy. An older adult who refuses protective services cannot be deemed neglected based solely on this refusal. The law aims to protect incapacitated older adults who lack the ability to safeguard themselves and are at imminent risk while still respecting their rights.

Further, it's important to note that elder neglect can be intentional or unintentional. In many cases, caregivers may be overwhelmed, lack proper training, or face resource constraints that contribute to neglectful situations.

Who Is Considered a Caregiver?

Pennsylvania's elder abuse legislation is specifically designed to address the actions of individuals responsible for the care of dependent adults. The state's legal framework defines “caregivers” in a broad and inclusive manner, encompassing several categories of individuals:

• Those in leadership and operational roles at care facilities, such as proprietors, administrative personnel, supervisory staff, and regular employees.
• All types of dependent care establishments, from nursing homes to assisted living facilities, as well as organizations providing in-home care services.
• Any person who delivers care within these environments, regardless of their official job title or employment status.
• Individuals who are contracted or employed specifically to provide care services, whether in a facility or home setting.

How Does Elder Neglect Relate to Domestic Violence in Pennsylvania?

In PA, the legal landscape surrounding elder abuse and domestic violence intersects in complex ways. While many instances of violence against older adults share similarities with domestic violence cases, the state's legal framework distinguishes between these offenses based on the relationship between the parties involved and the victim's dependency status.

Elder neglect laws in Pennsylvania specifically target individuals who are designated as caretakers for dependent adults. The state's approach is unique in that it doesn't define elder abuse solely based on the victim's age but rather on their care-dependent status and the alleged perpetrator's role as a caregiver.

On the other hand, domestic violence laws are broader in scope. They apply to offenses committed against family or household members, primarily addressing conflicts between spouses or domestic partners. However, these laws can also extend to other relatives living in the same household.

This distinction creates an interesting legal scenario for those accused of mistreating an elderly family member. If you're charged with harming an older relative, the nature of the charges can vary depending on your relationship with the victim and their care status:

1. If you're not considered an official caregiver and the elder relative isn't classified as care-dependent, you're more likely to face charges under Pennsylvania's domestic violence statutes.
2. However, if you hold the role of an official caregiver for a care-dependent elder relative, you could potentially face both elder abuse and domestic violence charges.

This nuanced approach underscores the importance of understanding the specific circumstances surrounding each case involving violence against older adults. It highlights the need for skilled legal help to navigate these complex and often overlapping areas of criminal law.

The Impact on Professional Licenses

For healthcare workers and other professionals, an elder neglect charge can have severe consequences on their professional licenses. Nurses, doctors, social workers, and other licensed professionals may face disciplinary action from their respective licensing boards, even before a criminal conviction.

In Pennsylvania, several agencies oversee professional licensing and can take action in cases of elder neglect:

• The Pennsylvania State Board of Nursing for nurses.
• The State Board of Medicine for doctors and physician assistants.
• The State Board of Social Workers, Marriage and Family Therapists, and Professional Counselors for social workers and therapists.
• The Department of Human Services for personal care home administrators.

The potential impact on a professional license includes:

• Suspension or revocation of the license.
• Mandatory retraining or education.
• Probationary periods.
• Fines and penalties.
• Permanent marks on professional records.

These licensing boards may initiate their own investigations parallel to any criminal proceedings. They often have lower standards of proof than criminal courts, meaning a professional could face license-related consequences even if not criminally convicted.

Unfortunately, consequences like these can be career-ending, which is why it's crucial to mount a strong defense against elder neglect charges from the outset. At the LLF Law Firm, our Criminal Defense Team understands the interplay between criminal defense and professional license protection, and we work diligently to safeguard our clients' careers alongside their legal rights.

Protection From Abuse Orders in Elder Neglect Cases

In some elder neglect cases, the alleged victim or their representatives may seek a Protection From Abuse (PFA) order against the accused. A PFA is a civil order that can have significant implications for the defendants, including:

• Prohibited contact with the elderly person.
• Requiring the defendant to leave a shared residence.
• Restricting access to the elderly person's property.
• Temporary loss of custody or visitation rights if children are involved.

Defendants facing elder neglect charges may find themselves simultaneously battling criminal charges and a PFA order. This dual-front legal battle requires experienced legal representation to navigate effectively. The LLF Law Firm Criminal Defense Team understands the interplay between criminal charges and civil protection orders and will work diligently to protect your rights in both arenas.

In defending against a PFA order, the LLF Law Firm will focus on:

• Challenging the credibility of the allegations.
• Presenting evidence of proper care and concern for the elderly person.
• Demonstrating the potential negative impacts of a PFA on the elder person's well-being.
• Negotiating modifications to the PFA terms to allow for continued care or contact when appropriate.

Their experience in handling both criminal defense and PFA matters allows the LLF Law Firm to provide cohesive representation that addresses all aspects of our client's legal challenges.

Penalties for Elder Neglect in Pennsylvania

In Pennsylvania, elder abuse penalties vary based on the offense's severity and resulting harm. Charges can be misdemeanors or felonies:

• Misdemeanor elder abuse convictions can result in fines of up to $10,000 and imprisonment for up to 5 years.
• Felony elder abuse convictions can lead to fines of up to $25,000 and up to 20 years in prison.

The distinction between misdemeanor and felony charges hinges on whether the victim suffered serious bodily injury, defined as an injury posing a substantial risk of death, causing permanent disfigurement, or long-term impairment of bodily functions.

Criminal Defense Attorney for Elder Neglect Crimes

Elder neglect charges are serious allegations that require a robust and strategic defense. At the LLF Law Firm, the Criminal Defense Team is committed to protecting the rights of those accused of elder neglect. They understand the complexities of these cases, including their impact on professional licenses and the potential intersection with PFA orders.

If you are facing elder neglect charges in Pennsylvania, don't wait to seek legal representation. Contact the LLF Law Firm today to discuss your case and begin building your defense. Our experienced criminal defense attorneys will work tirelessly to protect your rights, freedom, and professional future. An accusation is not a conviction. With the right legal team on your side, you can fight these charges and work towards a favorable resolution. Call 888-535-3686 today or schedule a consultation online.