Elder and Vulnerable Adult Abuse

Kentucky’s adult protection law, KRS Chapter 209, covers people 18 or older who, because of a mental or physical condition, cannot manage their own resources, carry out daily living activities, or protect themselves from harm without help. Age alone does not bring someone under this law. An older adult who does not fit the definition is still protected by the ordinary criminal laws against theft, fraud and assault.

• Abuse: causing injury, sexual abuse, unreasonable confinement, intimidation or punishment that results in physical pain or injury, including mental injury.
• Neglect: a caretaker’s failure to provide services the adult needs for health and welfare, or an adult’s inability to obtain those services for himself or herself.
• Exploitation: obtaining or using the adult’s money, property or other resources by deception, intimidation or similar means, intending to deprive the adult of them.

• Knowingly abusing or neglecting an adult: Class C felony, punishable by 5 to 10 years in prison.
• Wantonly abusing or neglecting an adult: Class D felony, punishable by 1 to 5 years.
• Knowingly exploiting an adult, causing a total loss of more than $300: Class C felony.
• Wantonly or recklessly exploiting an adult, causing a total loss of more than $300: Class D felony.

Reckless abuse or neglect, and exploitation of $300 or less, are Class A misdemeanors, which the County Attorney prosecutes in District Court. Kentucky’s criminal abuse or neglect statutes also apply when someone abuses or neglects a person who is physically or mentally helpless, or allows a person in his or her custody to be abused, and causes or risks serious physical injury or causes torture or cruel confinement. That is a Class C felony when done intentionally and a Class D felony when done wantonly.

Anyone who has reasonable cause to suspect that an adult has been abused, neglected or exploited must report it right away to the Cabinet for Health and Family Services. The duty applies to everyone, not only professionals and caretakers. Knowingly or wantonly failing to report is a Class B misdemeanor. A person who reports on reasonable cause is immune from civil and criminal liability for doing so.

1. 1If the adult is in immediate danger, call 911.
2. 2Otherwise, call the Adult Protective Services hotline at 1-877-597-2331, answered at all hours, or use the cabinet’s online reporting site during weekday business hours.
3. 3Share what you know: the adult’s name, address and age, who provides care, what happened and who is responsible.

Adult Protective Services, part of the Cabinet for Health and Family Services, investigates reports and arranges protective services. The cabinet must notify law enforcement within 24 hours of a report, and immediately if it learns of an emergency or a possible crime. It also notifies other authorized agencies, which include the Commonwealth’s Attorney and County Attorney.

Police conduct the criminal investigation. The adult, anyone with personal knowledge of the abuse, or a cabinet worker may also make a criminal complaint. When the evidence supports a felony, the Commonwealth’s Attorney’s office presents the case to the grand jury and prosecutes it in Circuit Court.

Kentucky law directs prosecutors in these cases to take an active part in interviewing the adult and to keep the adult informed throughout the case. Where staffing allows, one lead prosecutor should handle the case from start to finish. Prosecutors and the team are to limit the adult’s involvement in court, avoiding appearances at preliminary hearings and grand jury when possible. If a case is not prosecuted, the prosecutor must explain the decision to the adult and the family or guardian and refer them to counseling, legal help and other services.

In an emergency, when an adult lacks the capacity to consent and refuses help, the cabinet can ask a court to order emergency protective services. After a felony conviction under Chapter 209, the offender may not serve as the victim’s guardian, conservator, executor, attorney-in-fact or health care surrogate. In exploitation cases, an offender who does not return the victim’s property within 30 days of a court order, or falls 30 days behind on court-ordered payments becomes liable to the victim for three times the damages.

Asking a court to appoint a guardian or conservator for an adult who can no longer manage his or her own affairs is a civil matter, not a criminal case. Those proceedings are heard in District Court, where the County Attorney assists the petitioner and presents evidence. The Commonwealth’s Attorney’s office does not handle guardianship petitions.