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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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West Virginia
In the state of West Virginia, abuse is defined as follows:
Abuse: The infliction or threat to inflict physical pain or injury on or the imprisonment of any incapacitated adult or facility resident.
Domestic/Family Violence: Occurrence of one or more of the following acts between family or household members: (1) causing physical harm to another with or without dangerous or deadly weapons; (2) placing another in reasonable apprehension of physical harm; (3) creating fear of physical harm by harassment, psychological abuse or threatening acts; (4) committing either sexual assault or sexual abuse; or (5) holding, confining, detaining or abducting another person against that person's will.
Verbal Abuse: The threat to inflict physical pain or injury on or the threat of imprisonment of any incapacitated adult. The threat to inflict physical pain or injury includes, but is not limited to, the withholding of food, hydration and/or medical treatment. Imprisonment includes, but is not limited to, isolation. The verbal threat(s) must be perceived by the client or others to be real. Non-malicious teasing does not constitute verbal abuse.
Sexual Abuse: The coercion of an incapacitated adult into having sexual contact with the perpetrator or another person. A caregiver of the incapacitated person must be involved either directly (i.e. as the perpetrator or sexual partner) or indirectly (by allowing or enabling the conditions which result in the sexual coercion).
Neglect: The failure to provide the necessities of life to an incapacitated adult or facility resident with the intent to coerce or physically harm the incapacitated adult or resident. The unlawful expenditure or willful dissipation of the funds or other assets owned or paid to or for the benefit of an incapacitated adult or resident.
Financial Exploitation: A type of neglect of an incapacitated adult involving the illegal or unethical use or willful dissipation of his/her funds, property or other assets by a formal or informal caregiver, family member, or legal representative - either directly (i.e. as the perpetrator) or in-directly (i.e. by allowing or enabling the condition which permitted the financial exploitation). The client must be placed at imminent risk of neglect (i.e. not having his basic needs met) by this exploitation for substantiation as an adult protective service case.
Self-Neglect: The inability of an incapacitated adult to meet his own basic needs of daily living due to mental or physical incapacity.
Here are some links for reference on elder abuse in the state of West Virginia:
http://www.wvdhhr.org/bcf/children_adult/aps/terms.asp
http://www.legis.state.wv.us/WVCODE/09/masterfrmFrm.htm (code 9-6-1)
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