Laws on Abuse of the Elderly in Alabama
- Elder abuse, or the abuse of those who are older by caregivers or nursing homes, can be under-reported because those being abused are not seen or heard from on a routine basis and those committing the abuse often are caregivers who are relatives. The state of Alabama attempts to protect its elderly residents through the Adult Protective Services Act.
- Under the Adult Protective Services Act, any person over 18 who is being abused is covered. The adult subjected to abuse must have some degree of mental or physical disability that requires him to receive care from a caregiver, be it from a family member, in a home or in some other facility and capacity. These types of impairments are a requirement in order for the court to determine the abuse victim cannot physically protect himself in any given situation.
- The Adult Protective Services Act requires some professionals to report elder abuse. Physicians, caregivers, home nurses and others in similar professions are required to report any signs of abuse to the state Department of Human Resources. Failure to report such abuse can mean revocation of a license to practice in addition to jail time. Abuse of the elderly or other physically disabled adult can also be reported anonymously by anyone aware of the situation. Some things that an anonymous source should have in addition to the abuse statements include the name of the person being abused, her address and her age. Upon investigation and trial of the abuser, the anonymous source is granted immunity by law.
- After receiving a report of elderly abuse, the Department of Human Resources and local law enforcement are required by law to conduct an investigation. They must do so within seven days of receiving the first report. Investigation of the situation can take up to 60 days.