Q: Where can I find out information on the law regarding elder abuse?
My brothers 2 adult children and 1 teenage granddaughter live in his home, where they were raised. He has afib, other health problems. He fell, the daughter, then later while he was still on floor granddaughter walked by, both ignored his plea for help. He had fallen and then again while trying to get up. When hecalled me, I then emailed all 3 and called my niece, who said she would check. She reached her brother who went to check but by then my brother finally had gotten up and into a chair. This transpired in approx 2 hour time span. Fortunately he did not break anything or have a stroke. I need to know the law and age of accountability to discuss with his family. Hopefully to recall them to their senses before it is too late. I live in Wayne, take care of our 71 yo mentally handicapped sister and have heart failure so I want to be sure he is taken care of properly. Thank you
A:
The legal issues are whether your brother is a vulnerable adult and if the two adult children are caregivers. To oversimplify this: no one is legally obligated to render or call for aid on behalf of another adult. Walking by someone laying on the ground- a relative, at that - is morally repugnant, but not illegal, unless there exists specific relationship that place a heightened duty on someone.
If either of the two adult children are caregivers to your brother, and if your brother is a vulnerable adult (I'm not sure the facts you present qualify him as vulnerable), then the adult children may be criminally liable.
You may always call Adult Protective Services to have someone come into the home and investigate. If they see something amiss, they will address it. Unfortunately in family situations, the solution will likely cause significant family strife.
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.
