The majority of states in the United States, Virginia included, have comprehensive regulations and penalties in place to address the abuse and victimization of older adults. These laws in Virginia specifically outline and enforce rigorous criminal consequences for individuals found guilty of mistreating senior citizens.
Elder Abuse Laws in Virginia
Elder abuse refers to any form of mistreatment or neglect of older individuals, typically those aged 60 and above. The mistreatment can take various forms, including physical, sexual, or emotional abuse, as well as financial exploitation. Additionally, neglect, abandonment, and self-neglect are also considered part of elder abuse. These actions are covered under the Virginia Code §63.2-100, which aims to protect vulnerable elderly individuals from harm.
In Virginia, it is also considered a criminal offense to commit abuse or neglect against an incapacitated adult as defined by Va. Code 18.2-369. According to this statute, abuse is specifically defined as either:
- Engaging in deliberate and willful behavior that results in physical injury, pain, or
- Deliberately and willfully utilizing physical restraint, which includes confinement, as a means of punishment for convenience or as a substitute for treatment.
It is important to note that these actions are not classified as abuse if they are part of the incapacitated person’s care or treatment and are intended to further the individual’s health and safety.
Penalties for Elder Abuse in Virginia
In Virginia, the penalties for elder abuse are determined based on the severity of the abuse and the resulting injuries or death. However, these penalties often include the following:
- A responsible individual who neglects or abuses an incapacitated adult, where the abuse or neglect does not cause physical injury or disease to the incapacitated individual, is guilty of a Class 1 misdemeanor. This can result in both a hefty fine and jail time.
- A second or subsequent offense conviction can result in a Class 6 felony.
- If a responsible individual neglects or abuses an incapacitated individual, causing physical harm or disease, they are guilty of a Class 4 felony. This can lead to years in prison and a fine of $100,000.
To learn more about these punishments and when they are applicable, consider reviewing your questions with an experienced elder law attorney. These legal professionals can walk you through the state laws and determine the legal remedies you and your loved ones may have.
Elder Abuse Signs
It is a distressing reality that many of the prevalent indicators of elder abuse are frequently overlooked by family members and other medical professionals. These signs are often subtle and can easily be missed. This can be attributed to the fact that elderly individuals might be unwilling to come forward due to the fear of facing retaliation from the abuser. Moreover, for some victims, physical or cognitive impairments may prevent them from being able to report the abuse. However, some of the more common signs of elder abuse include the following:
- Behavior issues
- Sleeping problems
- Agitations
- Anxiousness
- Disorientation
- Unexplained injuries
- Weight loss
- Emotional and physical withdrawal
Contact Hollingsworth Law for Further Information About Elder Abuse in Virginia
At Hollingsworth Law in Alexandria, Virginia, our dedicated team of legal professionals is unwaveringly committed to providing comprehensive legal services tailored to the unique needs of our esteemed senior community. Some key areas of Elder Law that we cover include:
- Abuse
- Neglect
- Nursing home injury
- Medical malpractice
- Long-term care injury
- Fraud
- Financial exploitation
- Wrongful death
If you want to learn more about elder abuse in Virginia or the legal services we can provide you and your family, contact Hollingsworth Law today and speak with an experienced Virginia elder abuse attorney.