Elder Abuse Laws in Illinois

Thursday, October 31, 2024

Elder Abuse Laws in Illinois

Written by Malman Law, reviewed by Steve J. Malman.

Elder abuse is a heartbreaking reality for numerous senior residents in the state. As our loved ones age, they deserve to be treated with dignity and care, yet some individuals experience mistreatment at the hands of those entrusted with their well-being. These actions can take many forms, such as physical harm, emotional manipulation, or financial exploitation, all of which have profound effects on vulnerable elderly individuals.

In Illinois, this is considered a criminal offense that carries serious consequences. Depending on the severity, it can be classified as a Class 3 or Class 2 felony. If the abuse leads to the death of the victim, the penalties can be even more drastic, with prison sentences ranging from three to 14 years. Suppose you suspect a loved one has been a victim of elder injustice. In that case, it’s important to act swiftly to protect their rights and safety. Malman Law is dedicated to helping victims in Chicago seek justice and protect their future.

Looking For A Nursing Home Abuse Lawyer Near You?

We Have Obtained One of The Largest Nursing Home Verdicts in Illinois History

Contact us now Call us now

Contact us now Call us now

Penalty for Elder Abuse in Illinois

The penalty for criminal abuse or neglect of an elderly person or person with a disability is a Class 3 felony. If maltreating somebody results in the death of the victim, the charge is upgraded to a Class 2 felony. The minimum sentence for a Class 3 felony is three years in prison, and the maximum is 14 years. If the victim dies due to abuse or neglect, the felony classification increases, reflecting the severity of the crime. 

Some types of elder abuse toward older individuals include:

Physical Abuse

Involves the infliction or threat of bodily harm to an elderly individual. This can include actions such as hitting, slapping, punching, grabbing, or kicking. Bruising, broken bones, or unexplained injuries may be signs of physical abuse. The most common signs are:

• Unexplained injuries or repeated hospital visits.
• Frequent explanations of “accidental” injuries that seem suspicious.
• Marks from restraints or signs of overmedication.

This chain of events can lead to long-term health complications, such as chronic pain or psychological trauma, especially in elderly individuals who are more physically vulnerable due to age-related fragility​.

Sexual Abuse

This applies to any non-consensual sexual contact with an elderly person. Due to cognitive impairments or physical limitations, elderly individuals may be unable to consent or resist, making them more vulnerable to sexual exploitation. This can range from inappropriate touching to forced sexual activity. Common signs are:

• Bruising around the genital area.
• Strange torn clothing.
• Unexplained infections or sexually transmitted diseases (STDs).
• Anxiety, depression, or unusual fear of physical contact.

Sexual abuse of older individuals is frequently underreported because of feelings of shame, fear, or dependence on the abuser. Despite being less visible, it can lead to severe emotional trauma and physical injuries. Recognizing signs is crucial in identifying potential abuse and ensuring the safety and well-being of vulnerable seniors.

Emotional Abuse

It involves causing mental anguish or emotional pain through verbal assaults, threats, humiliation, or intimidation. This can also include isolating the elderly from social activities or using fear tactics to control them. Frequent indicators are:

• Withdrawal from normal activities or becoming unusually silent.
• Displays of fear or nervousness, especially around specific individuals.
• Sudden changes in personality or behavior.

This type of mistreatment may result in mental health challenges such as anxiety, depression, or the development of post-traumatic stress disorder (PTSD) in older adults​.

Confinement

It refers to an older individual’s illegal control or isolation without justification related to their medical or safety needs. This can include locking them in a room, restraining them to bed, or denying contact with others. Typical signs include:

• Limited mobility due to physical restraints or strange injuries.
• Sudden withdrawal prevents the elderly from interacting with friends, family, or neighbors, which can indicate an abusive situation.
• Unexplained fear of being alone or locked in and emotional distress.

This form of restraint not only infringes on an individual’s freedom but can also lead to physical injuries, such as bedsores, stemming from extended periods of immobility.

Passive Neglect

The consequences can be severe when a caregiver fails to meet an older adult’s basic needs, such as food, shelter, hygiene, or medical care. Even if unintentional, this lack of care can lead to serious harm. Common signs include:

• Malnutrition or dehydration.
• Poor personal hygiene, such as unclean clothing or unkempt appearance.
• Worsening of medical conditions due to improper care or missed medication.

This form of mistreatment is just as harmful as more active forms of abuse, as it significantly jeopardizes the individual’s health and overall well-being. Recognizing these warning signs promptly is essential in preventing further harm and ensuring that the individual receives appropriate care and support, thereby safeguarding their quality of life.

Financial Exploitation

It is one of the most common forms of maltreatment targeting elderly individuals in Illinois. According to the Illinois Department on Aging, this form of abuse involves the illegal or unauthorized use of an elderly person’s funds, property, or assets, including anything from identity theft to large-scale fraud involving real estate or bank accounts. Examples include forging signatures, withdrawing money without permission, or pressuring the elderly into signing over the property. Common indicators include:

• Unexplained withdrawals or changes in bank account activity.
• Missing possessions, such as jewelry or household items.
• Sudden changes in a will or financial documents.

This situation often leads to significant economic loss, especially for seniors who rely on savings or pensions. Illinois law allows victims to file civil lawsuits to recover stolen assets while law enforcement actively investigates these crimes. Evidence such as witness statements and financial records is vital for prosecuting these cases, and family members or caregivers may face severe penalties.

Malman Law’s founder Attorney Steven Malman has over 30 years of experience handling personal injury, nursing home, medical malpractice, premises liability, construction and workers’ compensation cases.

STEVE J. MALMAN

Founding Attorney

Self-Neglect: A Growing Concern

While caregivers or strangers often perpetrate elder abuse, self-neglect is another significant issue. This occurs when an elderly person fails to provide themselves with the necessities of life, such as food, water, or medical care. This is especially concerning for seniors living alone or without regular visits from family members. In these situations, adult protective services can step in to assist the elderly individual, offering them support to maintain their well-being.

In Illinois, these cases are treated seriously. APS works with seniors to develop a plan that ensures they receive the care they need while balancing their right to independence. If you suspect self-neglect, it is crucial to contact APS so that a professional can assess the situation​.

Reporting Elder Abuse in Illinois

Senior maltreatment happens at home, in a nursing facility, or anywhere that seniors receive care. In Illinois, anyone can report elder abuse, including friends, family, or concerned community members. Reports are confidential, and the person making the report can remain anonymous under the Adult Protective Services Act.

To report it, contact the Illinois Department on Aging (IDOA) Adult Protective Services Hotline at 1-866-800-1409. You can also report incidents directly to law enforcement, especially if the victim is in immediate danger. Facilities like nursing homes also have a legal obligation to report abuse, and failure to do so can result in penalties​.

Types of Elder Abuse Reports

• Physical abuse: Look for signs of bruises, broken bones, or other unexplained injuries.
• Emotional abuse: Observe changes in mood, behavior, or withdrawal from social interactions.
• Neglect: Consider whether the elder has been left without essential care, such as food or medical attention.
• Financial exploitation: Watch for suspicious changes in financial records, unusual banking activity, or missing assets.

For more information, organizations like AgeOptions offer resources for protecting elder rights and filing reports of abuse or neglect. Visit their Adult ProtectiveServices page.

The Elder Justice Act

The Elder Justice Act is a federal law enacted to provide protections and resources for the elderly against abuse, neglect, and exploitation. This law emphasizes the need for better nationwide oversight, data collection, and funding for elder abuse prevention programs. Illinois aligns with federal efforts, offering multiple avenues of legal recourse for victims of elder abuse, including criminal prosecution of abusers.

Key elements of the Elder Justice Act include:

• Funding for Adult Protective Services (APS): The act allocates federal resources to state APS programs to investigate and resolve elder abuse cases.
• Stronger penalties for elder abuse: The law introduces harsher punishments for those found guilty of abuse, neglect, or exploitation of the elderly.
• Support for victims and families: In addition to legal penalties, the act provides avenues for restitution, where victims can seek compensation for damages.

For additional legal details, please refer to the Illinois Elder Abuse Task Force Report of 2020, which outlines key findings and recommendations on strengthening protections for seniors across the state.

How Malman Law Can Help

Elder mistreatment is a pressing concern that frequently remains unreported. If you or a family member has experienced physical harm, emotional distress, or financial exploitation, Malman Law is ready to support you. Our knowledgeable attorneys specializing in elder cases will assist you every step of the way, helping you navigate the legal process and secure the justice and compensation you deserve for your hardships. Reach out today to take action.