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Elder Abuse - What It Is and What to Do About It
by: Legal Hotline for Older Iowans
January 2000

Elder abuse generally means the abuse, neglect or exploitation of people 60 years of age or older. Physical abuse occurs when a person is injured, unreasonably confined or punished, or assaulted. Sexual abuse is non-consensual sexual contact. Financial exploitation occurs when a caretaker takes advantage of a dependent adult's financial resources using undue influence, harassment, duress, or deception.

Neglect is the most common form of mistreatment in domestic settings. Neglect means denying a basic need like food, shelter, clothing or health care. Recent studies show that 55% of reported cases involved neglect. Physical abuse accounted for 14.6% of all cases and financial exploitation was involved in 12.3% of cases. Family members are the most frequent perpetrators of abuse.

Iowa law includes elder abuse under the more general category of adult abuse. The aim of the law is protecting dependent adults from abuse by caretakers. A dependent adult is anybody over 18 years old who is unable to protect his or her own interests or cannot adequately perform or obtain services required to meet basic human needs.

A caretaker under Iowa law is a related or nonrelated person responsible for the protection, care or custody of a dependent adult. That responsibility may be assumed voluntarily, by contract, through employment, or by court order.

Reports and Investigations of Signs of Abuse

Signs of abuse can include repeated injuries, lack of personal or medical care, malnourishment, growing depression or anxiety, and new poverty. If you suspect a person is being abused by a caretaker, it is important to make a report. Persons who report suspected dependent abuse in good faith cannot be held liable for making reports. All reports remain confidential. To make a report, call the Department of Human Services at 800-362-2178. If the abuse is taking place at a nursing home or other care facility, call 515-281-3642 during business hours, and call the 800 number evenings or weekends.

Once the Department receives a complaint, it will investigate and assess the case. The Department can refer the dependent adult to appropriate services and take other measures to stop the abuse.

If the person being abused is not a dependent adult, or if the abuser is not considered a caretaker, there may be other ways to protect the person. For details about dependent adult abuse, please call the Legal Hotline for Older Iowans at 800-992-8161.
Last Reviewed On: 11/08/04
 
 

READ THIS BEFORE USING ANY PART OF THE IOWA LEGAL AID WEBSITE (ILAW) If you cannot afford a lawyer and have a legal problem in Iowa, you may be able to get free legal help. Call Iowa Legal Aid. To find out which office serves your county, call 1-800-532-1275 or 515-243-2151 in the Des Moines calling area. If you are age 60 or over, you may be able to get free legal advice from The Legal Hotline for Older Iowans at 1-800-992-8161 or 282-8161 in Des Moines. All numbers are Voice and TTY.

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