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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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Vermont In Vermont elder abuse is described as follows:
Abuse means any treatment of a vulnerable adult which places life, health or welfare in jeopardy or which is likely to result in impairment of health. It also means any conduct committed with an intent or reckless disregard that such conduct is likely to cause unnecessary harm, unnecessary pain or unnecessary suffering to a vulnerable adult. It also includes unnecessary or unlawful confinement or unnecessary or unlawful restraint of a vulnerable adult.
Emotional abuse means intentionally subjecting a vulnerable adult to behavior, which should reasonably be expected to result in intimidation, fear, humiliation, degradation, agitation, disorientation, or other forms of serious emotional distress.
Sexual abuse means any sexual activity with a vulnerable adult when the vulnerable adult does not consent or when the actor knows or should know that the vulnerable adult is incapable of resisting or declining consent to the sexual activity due to age or disability or due to fear of retribution or hardship, whether or not the actor has actual knowledge of vulnerable status. It includes any sexual activity with a vulnerable adult by a caregiver who volunteers for or is paid by a caregiving facility or program. This definition shall not apply to a consensual relationship between a vulnerable adult and a spouse, nor to a consensual relationship between a vulnerable adult and a caregiver hired, supervised, and directed by the vulnerable adult.
Exploitation means willfully using, withholding, transferring or disposing of funds or property of a vulnerable adult without or in excess of legal authority for the wrongful profit or advantage of another. It also means acquiring possession or control of or an interest in funds or property of a vulnerable adult through the use of undue influence, harassment, duress, or fraud. It also includes the act of forcing or compelling a vulnerable adult against his or her will to perform services for the profit or advantage of another.
Neglect means purposeful or reckless failure or omission by a caregiver to provide care or arrange for goods or services necessary to maintain the health or safety of a vulnerable adult, including, but not limited to, food, clothing, medicine, shelter, supervision, and medical services, unless the caregiver is acting pursuant to the wishes of the vulnerable adult or his or her representative, or a terminal care document, as defined in subchapter 2 of chapter 111 of Title 18. It also includes the failure or omission by a caregiver to make a reasonable effort, in accordance with the authority granted the caregiver, to protect a vulnerable adult from abuse, neglect or exploitation by others; or carry out a plan of care for a vulnerable adult when such failure results in or could reasonably be expected to result in physical or psychological harm or a substantial risk of death to the vulnerable adult, unless the caregiver is acting pursuant to the wishes of the vulnerable adult or his or her representative, or a terminal care document, as defined in subchapter 2 of chapter 111 of Title 18. Additionally, neglect means purposeful or reckless failure or omission by a caregiver to report significant changes in the health status of a vulnerable adult to a physician, nurse, or immediate supervisor, when the caregiver is employed by an organization that offers, provides or arranges for personal care. Neglect may be repeated conduct or a single incident, which has resulted in or could be expected to result in physical or psychological harm, as a result of subdivisions (A)(i), (ii), or (iii) of this subdivision (7).
Here are some links for reference on elder abuse in the state of Vermont:
http://www.leg.state.vt.us/statutes/sections.cfm?Title=33&Chapter=069 http://www.dad.state.vt.us/lp/aps.htm
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