Q: Is it neglect if they if a elderly person falls eight times in a month and they don't take her to the doctor
A: Cases of neglect are incredibly fact specific and there is no bright-line test as to what constitutes neglect. Speaking generally, if someone is concerned that an elderly adult is being neglected, there are three basic options:
1. Contact local law enforcement. There are several new "elder abuse" laws on the books that are designed to protect vulnerable adults.
2. Contact DHR Adult Protective Services. DHR would open an investigation and dig more into the facts to determine if there is an elderly person in need of protection.
3. Consider filing a private protective proceeding (guardianship or conservatorship in Alabama). The petitioner can ask a court to appoint them or another individual to oversee the care of a person in need of protection. There are also other civil remedies available (such as a protective order). The main difference between option 3 and options 1 and 2 is that option 3 will require the petitioner to spend money on legal fees.
Hope this helps. Best of luck.
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.