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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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Kansas In the state of Kansas, abuse means any act or failure to act performed intentionally or recklessly that causes or is likely to cause harm to an adult, including:
- Infliction of physical or mental injury;
- Any sexual act with an adult when the adult does not consent or when the other person knows or should know that the adult is incapable of resisting or declining consent to the sexual act due to mental deficiency or disease or due to fear of retribution or hardship;
- Unreasonable use of a physical restraint, isolation or medication that harms or is likely to harm an adult;
- Unreasonable use of a physical or chemical restraint, medication or isolation as punishment, for convenience, in conflict with a physician's orders or as a substitute for treatment, except where such conduct or physical restraint is in furtherance of the health and safety of the adult;
- A threat or menacing conduct directed toward an adult that results or might reasonably be expected to result in fear or emotional or mental distress to an adult;
- Fiduciary abuse; or
- Omission or deprivation by a caretaker or another person of goods or services, which are necessary to avoid physical or mental harm or illness.
More specifically, the following forms of abuse are defined:
Neglect means the failure or omission by one's self, caretaker or another person with a duty to supply or provide goods or services, which are reasonably necessary to ensure safety and well-being and to avoid physical or mental harm or illness. Services necessary to maintain physical or mental health or both include, but are not limited to, the provision of medical care for physical and mental health needs, the relocation of an adult to a facility or institution able to offer such care, assistance in personal hygiene, food, clothing, adequately heated and ventilated shelter, protection from health and safety hazards, protection from maltreatment the result of which includes, but is not limited to, malnutrition, deprivation of necessities or physical punishment and transportation necessary to secure any of the above stated needs, except that this term shall not include taking such person into custody without consent except as provided in this act.
Exploitation means misappropriation of an adult's property or intentionally taking unfair advantage of an adult's physical or financial resources for another individual's personal or financial advantage by the use of undue influence, coercion, harassment, duress, deception, false representation or false pretense by a caretaker or another person.
Fiduciary abuse means a situation in which any person who is the caretaker of, or who stands in a position of trust to, an adult, takes, secretes, or appropriates their money or property, to any use or purpose not in the due and lawful execution of such person's trust or benefit.
Here are some links for reference on elder abuse in the state of Kansas:
http://www.kslegislature.org/legsrv-statutes/getStatute.do?number=16209 http://www.srskansas.org/ISD/ees/adult.htm http://www.srskansas.org/ISD/ees/aps.html
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