Richmond, VA asked in Elder Law for Virginia

Q: What can happen to someone if they mistreat the elderly?

Related Topics:
1 Lawyer Answer
Jake Causing Santos
Jake Causing Santos
Answered
  • Elder Law Lawyer
  • Mount Olive, NJ

A: The answer depends on what type of mistreat you mean, who is conducting the mistreatment, and whether you can prove there is actual mistreatment. If there is physical abuse, or someone is endangering an elderly person's health or well-being, or someone is taking advantage of an elderly person's finances, then there may be criminal laws that apply (such as battery and assault, theft, etc.). There may also be a claim under a civil suit for negligence. In addition, if the mistreatment is due to the actions or negligence of licensed professionals or a licensed organization (such as a certified nursing assistant, a nurse, a hospital, a nursing home, a financial planner, etc.), then there is probably a State agency where complaints can be filed against the licensed professional or organization.

Your question can be very complicated and is very fact-specific, so if you believe that an elderly person you know is being mistreated, then you should consult with a local attorney that practices in the area where the elderly person lives or there may be a State or county agency that investigates elder abuse.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.