Types of Abuse
What is Elder Abuse or Neglect?
There are four categories of abuse defined in Wisconsin Law, Chapter 46.90. When a person is subject to any of these types of abuse or neglect, it is abuse, as defined below.
Abuse
- Physical abuse – Intentional or reckless infliction of physical pain or injury, illness, or any impairment of physical condition. If any form of violence is witnessed contact law enforcement immediately by dialing 911.
- Emotional Abuse - Language or behavior that serves no legitimate purpose and is intended to intimidate, humiliate, threaten, frighten, or otherwise harass the individual to whom the conduct or language is directed.
- Sexual Abuse – Sexual contact or intercourse with another person without consent (a violation of criminal assault law, §940.225 (1), (2), (3), or (3m). If this is occurring, please contact law enforcement as this is a crime.
- Treatment without Consent – The administration of medication or the performance of psychosurgery, electro-convulsive therapy, or experimental research on an individual who has not provided informed consent, with the knowledge that no lawful authority exists for the administration or performance.
- Unreasonable Confinement or Restraint – The intentional and unnecessary confinement of an individual in a locked room, involuntary separation from his or her living area, use of physical restraints on an individual, or the provision of unnecessary or excessive medication. This does not include the use of these methods or devices if they conform with state and federal standards governing confinement and restraint.
Financial Exploitation - means any of the following:
- Obtaining an individual’s money or property by deceiving or enticing them, or by forcing, compelling, or coercing an individual to give, sell at less than fair market value, or in other ways transfer money or property against their will without informed consent.
- Theft, as prohibited in §943.20.
- The substantial failure or neglect of a fiscal agent to fulfill his or her responsibilities.
- Unauthorized use of an individual’s personal identifying information or documents, as prohibited in §943.201.
- Unauthorized use of an entity's identifying information or documents, as prohibited in §943.203.
- Forgery, as prohibited in §943.38. 7.
- Financial transaction card crimes, as prohibited in §943.41.
- Financial exploitation is the fastest growing form of abuse in the United States with financial scams continuing to increase. Individuals should take their time and get information in writing from others they do not know. If one is uncomfortable with a deal, talk to a trusted family member or friend before you give any financial information to a stranger.
Neglect
The failure of a caregiver, as evidenced by an act, omission, or course of conduct, to endeavor to secure or maintain adequate care, services, or supervision for an individual, including food, clothing, shelter, or physical or mental health care, and creating significant risk or danger to the individual’s physical or mental health. “Neglect” does not include a decision that is made to not seek medical care for an individual, if that decision is consistent with the individual’s previously executed declaration or do-not-resuscitate order under Chapter 154 a power of attorney for health care under Chapter 155 or as otherwise authorized by law.
Self-Neglect
A significant danger to an individual’s physical or mental health because the individual is responsible for his or her own care but fails to obtain adequate care, including food, shelter, clothing, or medical or dental care.
