In Idaho, certain professionals are legally obligated to report cases of elder abuse.
According to Idaho Statutes Section 39-5303, licensed medical professionals, emergency services personnel, facility employees, skilled nursing facility employees, employees responsible for caring for vulnerable adults, medical examiners, social workers, and law enforcement personnel must report suspected maltreatment of vulnerable adults to Adult Protective Services (APS) within 24 hours of acquiring such information.
This is especially urgent if the maltreatment has resulted in death or serious physical injury, in which case it must also be reported to law enforcement within four hours. Failure to report as required is considered a misdemeanor.
Additionally, any person, including financial institution officers or employees, who has reasonable cause to believe that a vulnerable adult is being abused, neglected, or exploited may report such information to the commission or its providers
Is It Against The Law To Not Report Elderly Financial Abuse?
The obligation to report elder financial abuse varies by state and is subject to specific legislation and regulations.
While many states have statutes and systems in place to protect older adults from financial exploitation and abuse, the specific legal requirements regarding reporting can differ.
For example, some states have enacted or are considering legislation that defines financial exploitation of the elderly, mandates reporting requirements, and provides legal frameworks for addressing such abuse.
These laws often include details about who is required to report (which can include financial institutions, healthcare workers, social workers, etc.), what constitutes financial exploitation, and the legal implications of failing to report suspected abuse.
However, the details of these laws can vary significantly from state to state.
In some jurisdictions, certain professionals may be legally obligated to report suspected financial abuse of the elderly, while in others, reporting might be more discretionary.
If you suspect elder financial abuse, a general guideline is to report it to Adult Protective Services (APS) in the relevant state.
APS agencies are tasked with investigating cases of abuse, neglect, or exploitation of older adults and adults with disabilities.
In cases where there is an urgent risk of harm, it’s also advisable to contact law enforcement directly.
Given the variations in state laws and the complexities involved in these cases, it’s important to consult with local authorities or legal professionals to understand the specific obligations and procedures in your state or jurisdiction.
For detailed information on specific state laws and reporting requirements, you can refer to the Elder Justice Initiative by the United States Department of Justice, which provides an overview of elder abuse and elder financial exploitation statutes.
Additionally, the Consumer Financial Protection Bureau offers guidance on recognizing and reporting elder financial abuse.
The National Conference of State Legislatures (NCSL) also provides information on elderly financial exploitation legislation for 2023, which can be helpful to understand recent developments in state laws.
