Elder neglect in Pennsylvania is a growing concern that affects one of the state's most vulnerable populations. With state lawmakers addressing increases in elder abuse case deaths, neglectful acts, including those alleged and false accusations, are handled swiftly and harshly.
Allegations can take many forms and are far more common than one may think. In a single year, self-neglect by older adults and neglect from caregivers equaled nearly 60 percent of all substantiated allegations of elder abuse. Neglect often implicates those closer to older adults, such as friends, family, and those hired to provide support. Despite those connections, allegations can have serious consequences, such as protective orders and criminal charges.
Whether you or a loved one is subject to elder neglect or unfair or false allegations, you need to retain professional legal help. The LLF Family Law Team recognizes the risks older adults and their families encounter, as well as those tasked with rendering around-the-clock care to seniors. Our team ensures every means of defense or redress is taken to protect your personal and professional reputation. Call the LLF Family Law Team today at 888-535-3686 or fill out our confidential consultation form, and we will reach out to you.
How Does Pennsylvania Treat Elder Neglect?
In Pennsylvania, neglect is when an individual has an "inability, due to physical or mental impairment or diminished capacity," to carry out essential self-care tasks, and those who are responsible for rendering care fail to do so. The Older Adults Protective Services Act (OAPSA) safeguards seniors from multiple forms of abuse, such as neglect. Individuals are in breach of the act if they committee any of the following against elders or care-dependent persons (CDPs):
- Intentionally, knowingly, or recklessly causing bodily injury to an older adult or CDP by failing to provide treatment, care, goods, or services necessary to preserve their health, safety, or welfare
- Intentionally or knowingly using physical or chemical restraints or isolation of elders or CDPs, against law or regulation, that causes bodily injury
The act primarily targets caregivers. However, the term "caregiver" can apply to many different scenarios, such as:
- Owners, operators, and employees of nursing homes, personal care homes, assisted living facilities, community residential facilities, daily living centers, or private care residences
- Anyone providing care for CDPs
- Those with care obligations in connection with monetary consideration
- Adults residing with seniors or CDPs with legal care duties through familial relationships, contracts, or court orders
Although elder neglect remains underreported, the commonwealth has instituted further measures to ensure protection. OAPSA requires employees or administrators of the numerous healthcare and home care facilities to report when they have reasonable cause to suspect neglect. Moreover, personnel with the Pennsylvania Department of Aging, Health, and Welfare who develop a reasonable cause to believe a CDP or senior suffers from symptoms of neglect must immediately report to local law enforcement or the attorney general's office.
How Is Elder Neglect Different from Elder Abuse?
Although elder neglect is often mixed with elder abuse charges, there are differences. Elder abuse typically involves overt harm. This could manifest as physical violence, verbal attacks, sexual misconduct, or financial exploitation. Elder neglect, on the other hand, involves acts of omission.
Elder neglect refers to the failure or inability of a caregiver, whether paid or informal—like a friend or family member—to provide essential services for the health, safety, and well-being of those 60 and older. Essential services include adequate shelter, nutrition, medication, hygiene, and medical attention. Neglect can be intentional—such as willfully ignoring an older adult's medical needs—or unintentional, often due to a lack of resources, caregiver burnout, or insufficient knowledge. Regardless of motive, the result is that the older adult's basic needs go unmet.
Elder Neglect Investigations
In Pennsylvania, regulations require county aging agencies to make "all reasonable efforts" to complete investigations of alleged neglect as soon as possible. Yet the law also clarifies that investigations must provide substantiation (or lack thereof) within 20 days. When agencies or law enforcement are made aware of potential neglect, investigations are handled by one of two agencies depending on the alleged victim's living situation:
- Area Agency on Aging (AAA): older adults and CDPs residing in the community setting, such as those living independently or with minimal assistive care.
- The Office of Long-Term Living (OLTL): older adults and CDPs residing in facilities.
OAPSA authorizes caseworkers and investigators from each agency to gather information, interview witnesses, and determine the level of intervention needed. They will likely conduct a home visit to document living conditions, review financial records (if permissible and available), and speak with the alleged victim and other relevant parties. Furthermore, they will delve into the life of the accused, leaving no stone unturned to evaluate the claims.
Critically, caretakers or others implicated in elder neglect allegations "may offer an affirmative defense" if they "can demonstrate through a preponderance of the evidence that the alleged violations result directly from" the following situations:
- Activities fall within compliance with Pennsylvania regulations
- Individuals or facilities followed the senior's or CDP's caretaking instructions
- Lawful compliance with the CDP's or older adult's direction from their power of attorney
Investigators will assess whether the senior can handle their own affairs or whether undue influence or other conditions contribute to vulnerability. If initial evidence from AAA or OLTL suggests criminal conduct, such as the presence of bodily harm, agencies refer the case to local law enforcement or the county district attorney's office for further investigation or to file charges.
Criminal Consequences of Elder Neglect
Courts will consider a caregiver's or family member's duty to provide adequate supervision and safe living conditions when determining culpability. While mental or emotional anguish and pain are evidence that could lead to substantiating charges, bodily injury is a key defining factor.
If the older adult or CDP victim suffers bodily injury, it constitutes a first-degree misdemeanor. When serious physical injury or death is involved, neglect is charged as a first-degree felony. Those who recklessly endanger CDPs are charged with a third-degree misdemeanor. However, Pennsylvania upgrades charges to a second-degree misdemeanor if the victim is an older adult.
Although the penalties stemming from each allegation are case-dependent, the following are what a judge may hand down:
- First-degree felony: maximum of 20 years incarceration and $25,000 fine.
- First-degree misdemeanor: maximum of five years incarceration and $10,000 fine.
- Second-degree misdemeanor: maximum of two years incarceration and $5,000 fine.
- Third-degree misdemeanor: maximum of one-year incarceration and $2,500 fine.
Even though individuals risk charges when allegations are verified through the criminal justice system, they risk near-immediate consequences. Unfortunately, punishments related to elder neglect—even in cases of false accusations—begin just after the reporting process and before a trial.
Protective Orders in Elder Neglect Cases
When agencies or local law enforcement are presented with evidence of elder neglect, they don't have to wait until the trial to invoke restrictive measures on the accused. Some elder neglect allegations may fulfill eligibility for court protective orders under Pennsylvania's Protection from Abuse Act. Through OAPSA, judges can also impose criminal protective orders (CPOs), similar to protection from abuse orders (PFAs).
Pennsylvania judges can impose PFAs without the accused present. Therefore, local police can serve a caregiver with a CPO or PFA before they know of any allegations. Although the accused may defend themselves in court and argue against the order, they must handle provisions like no-contact obligations beforehand.
If the parties live together, such as an elder and their caregiver-child, the court can evict the defendant from their home. Even if the residence belongs to the accused, a judge may grant the accuser sole possession. Yet that is only one scenario. Protective orders may last up to three years and can also cause the following:
- Appear on background checks for those applying for jobs
- Violate personal conduct clauses for professional licenses
- Prohibit volunteering activities with the elderly or children
- Dismantle personal or professional reputations in the community
Violating court orders is a serious criminal matter. Whenever law enforcement has probable cause to believe a breach has occurred, they can make an arrest, even if the act didn't occur in their presence. Violations are subject to indirect criminal contempt of court charges, typically graded as a second-degree misdemeanor.
The LLF Law Firm Stands Prepared to Begin Your Defense
The LLF Law Firm understands how allegations of elder neglect and charges can affect caregivers and family members of older adults. Those accused may feel intimidated by the emotional strife common in such situations or the potential consequences presented. But we are dedicated to boosting your confidence with tried and tested experiences handling these matters in Pennsylvania courts. Our attorneys challenge neglect allegations, the merits of protective orders, and others that seek to implicate those accused. With our experience assisting working professionals to manage license compliance, we are unrivaled in our assurance for those defending employment credentials.
It takes a seasoned attorney from the LLF Law Firm to mitigate the effects elder neglect allegations and charges can have and build a robust defense. Don't wait until the criminal justice process begins; the LLF Law Firm is your defense outlet. Call the LLF Family Law Team at 888-535-3686 or visit our confidential consultation form, and we will contact you.
