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COMMON FORMS OF ABUSE |
| Many people mistakenly assume that only battered paople are abused. |
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"Never doubt that a small group of thoughtful, committed citizens can change the world; indeed, it's the only thing that ever has." Dr. Margaret Mead |
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| Gary A. Jones |
| When Gary Jones became sick with terminal cancer, his caregiver denied him visitation with his children. |
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Click on a state to begin. The current laws in that state will be displayed below. |
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Florida In the state of Florida, a vulnerable adult is defined as a person 18 years of age or older whose ability to perform the normal activities of daily living or to provide for his or her own care or protection is impaired due to a mental, emotional, long-term physical or developmental disability or dysfunctioning, brain damage or the infirmities of aging.
Florida defines abuse as any willful act or threatened act by a caregiver that causes or is likely to cause significant impairment to a vulnerable adult's physical, mental or emotional health. Abuse includes acts and omissions. These forms of abuse are described as follows:
Exploitation means a person who stands in a position of trust and confidence with a vulnerable adult and knowingly, by deception or intimidation, obtains or uses, or endeavors to obtain or use, a vulnerable adult's funds, assets, or property with the intent to temporarily or permanently deprive a vulnerable adult of the use, benefit, or possession of the funds, assets, or property for the benefit of someone other than the vulnerable adult. Or knows or should know that the vulnerable adult lacks the capacity to consent, and obtains or uses, or endeavors to obtain or use, the vulnerable adult's funds, assets, or property with the intent to temporarily or permanently deprive the vulnerable adult of the use, benefit, or possession of the funds, assets, or property for the benefit of someone other than the vulnerable adult.
Neglect means the failure or omission on the part of the caregiver to provide the care, supervision, and services necessary to maintain the physical and mental health of the vulnerable adult, including, but not limited to, food, clothing, medicine, shelter, supervision, and medical services, that a prudent person would consider essential for the well-being of a vulnerable adult. The term "neglect" also means the failure of a caregiver to make a reasonable effort to protect a vulnerable adult from abuse, neglect, or exploitation by others. Neglect is repeated conduct or a single incident of carelessness, which produces or could reasonably be expected to result in serious physical or psychological injury or a substantial risk of death.
Psychological / emotional abuse: This can take the form of intimidation, which means the communication by word or act to a vulnerable adult that that person will be deprived of food, nutrition, clothing, shelter, supervision, medicine, medical services, money, or financial support or will suffer physical violence. Psychological injury means an injury to the intellectual functioning or emotional state of a vulnerable adult as evidenced by an observable or measurable reduction in the vulnerable adult's ability to function within that person's customary range of performance and that person's behavior.
Sexual abuse means acts of a sexual nature committed in the presence of a vulnerable adult without that person's informed consent. Sexual abuse includes, but is not limited to, the acts defined in s. 794.011(1)(h), fondling, exposure of a vulnerable adult's sexual organs, or the use of a vulnerable adult to solicit for or engage in prostitution or sexual performance. Sexual abuse does not include any act intended for a valid medical purpose or any act that may reasonably be construed to be normal caregiving action or appropriate display of affection.
Here are some links for reference on elder abuse in the state of Florida:
http://www.flsenate.gov/Statutes/index.cfm/.../ http://www.myflorida.com/.../healthhuman/as/services.html
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